Category: U.S. Supreme Court

NetChoice v. Attorney General, Florida

Media Coalition Foundation signed an amicus brief submitted in the Eleventh Circuit Court of Appeals arguing that a Florida law that bars the removal, labeling, hiding speech, or suspending of accounts on certain social media websites of candidates for elected office or on certain “journalistic enterprises.”

Press Release: Media Groups Urge Supreme Court to Hold that Stolen Valor Act Violates First Amendment

Stating that “the integrity of the military award system relies more on a free press than on the threat of prosecution,” media organizations, writers, and performers urged the Supreme Court to hold that a federal law that makes it a crime to lie about having received a military medal violates the free speech protections of the First Amendment.

Press Release: Media Organizations Ask Supreme Court to Review New York Decision Which Approved Content-Based Tax on First Amendment-Protected Communication

Some of Media Coalition’s members signed an amicus brief asking the Supreme Court to review a decision of the New York Court of Appeals which upheld a content-based tax on communication protected by the First Amendment.

Press Release: Media Coalition Applauds Supreme Court Ruling Affirming Standard to Bring First Amendment Challenge

In the case Susan B. Anthony List v. Driehaus, the United States Supreme Court held that “a credible threat of enforcement” is a sufficient threat of injury to establish standing in a First Amendment case when bringing a “pre-enforcement” challenge.

Brown v. Entertainment Merchants Association

In striking down a California law that banned video games with violent content, the U.S. Supreme Court ruled that all violent content is fully protected by the First Amendment for both adults and minors. The landmark ruling also set precedent that video games have the same First Amendment protection as other media. The 9th Circuit had previously ruled that the law’s labeling requirement is unconstitutional compelled speech and a content-based requirement.

American Civil Liberties Union v. Mukasey

The U.S. Supreme ruled in 2004 that the federal Child Online Protection Act (COPA) is overbroad and it was not the least restrictive means to prevent minors from accessing material harmful to minors. The Court remanded it to the U.S. District Court for fact-finding. The U.S. District Court struck down the law, which the 6th Circuit upheld. The Supreme Court refused to hear the case for a third time, leaving in place the decision that the law is unconstitutional.

Ashcroft v. Free Speech Coalition

The U.S. Supreme Court struck down provisions of the Child Pornography Prevention Act of 1996 that expanded the definition of child pornography to images do not include an actual child, such as visual media involving adults portraying minors, computer-generated images, drawings and sculptures. The Court held that child pornography is limited to depictions of actual minors.

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