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SBA and COASTv. Driehaus, Et Al Petitioner's Brief

SBA and COASTv. Driehaus, Et Al Petitioner's Brief

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Published by COAST
Petitioner's Brief in SBA List v. Driehaus before the United States Supreme Court. Oral Argument is scheduled for April 22, 2014
Petitioner's Brief in SBA List v. Driehaus before the United States Supreme Court. Oral Argument is scheduled for April 22, 2014

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Categories:Types, Legal forms
Published by: COAST on Feb 26, 2014
Copyright:Attribution Non-commercial

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06/16/2014

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 No.
 
13-193
 
I
N
T
HE
 
Supreme Court of the United States
 
S
USAN
B.
 
 A 
NTHONY
L
IST
and
 
C
OALITION
O
PPOSED TO
 A 
DDITIONAL
S
PENDING AND
T
 AXES
,
Petitioners,
 
v.
 
S
TEVEN
D
RIEHAUS
,
 
IMBERLY
 A 
LLISON
,
 
D
EGEE
W
ILHELM
,
 
H
ELEN
B
 ALCOLM
,
 
T
ERRANCE
C
ONROY 
,
 
L
 YNN
G
RIMSHAW
,
 
J
 AYME
S
MOOT
,
 
W
ILLIAM
 V
 ASIL
,
 
P
HILIP
R
ICHTER
,
 
O
HIO
E
LECTIONS
C
OMMISSION
,
 
and
 
J
ON
H
USTED
,
 
Respondents.
 
On Writ Of Certiorari To The United States Court Of ppeals For The Sixth Circuit
 
BRIEF FOR PETITIONERS
 
C
HRISTOPHER
P.
 
F
INNEY 
 T
HE
F
INNEY
L
 AW
F
IRM
 4270 Ivy Pointe Blvd. Cincinnati, OH 45245 C
URT
C.
 
H
 ARTMAN
 T
HE
L
 AW
F
IRM OF
C
URT
C.
 
H
 ARTMAN
 3749 Fox Point Ct.  Amelia, OH 45102 R
OBERT
 A.
 
D
ESTRO
 2312 N. Powhatan St.  Arlington, VA 22205 M
ICHAEL
 A.
 
C
 ARVIN
 
Counsel of Record
 Y 
 AAKOV
M.
 
R
OTH
 J
ONES
D
 AY 
 51 Louisiana Ave., NW Washington, DC 20001 (202) 879-3939 macarvin@jonesday.com D
 AVID
R.
 
L
 ANGDON
 J
OSHUA
B.
 
B
OLINGER
 L
 ANGDON
L
 AW
LLC 8913 Cincinnati-Dayton Rd. West Chester, OH 45069
 
 
QUESTIONS PRESENTED
I. To challenge a speech-suppressive law, must a party whose speech is arguably proscribed prove that authorities would
certainly
and
successfully 
 prosecute him, as the Sixth Circuit holds, or should the court presume that a credible threat of prosecution exists absent desuetude or a firm commitment by prosecutors
not 
 to enforce the law, as seven other Circuits hold? II. Did the Sixth Circuit err by holding, in direct conflict with the Eighth Circuit, that state laws proscribing “false” political speech are not subject to pre-enforcement First Amendment review so long as the speaker maintains that its speech is true, even if others who enforce the law manifestly disagree?
 
ii
PARTIES TO THE PROCEEDING AND RULE 29.6 STATEMENT
Petitioners, who were Plaintiffs-Appellants below, are Susan B. Anthony List (“SBA”) and the Coalition Opposed to Additional Spending and Taxes (“COAST”). No corporation owns 10% or more of the stock of either SBA or COAST. Respondents, who were Defendants-Appellees below, are the Ohio Elections Commission, its Commissioners (Kimberly Allison, Degee Wilhelm, Helen Balcolm, Terrance Conroy, Lynn Grimshaw, Jayme Smoot, and William Vasil)
*
 in their official capacities, its staff attorney (Philip Richter) in his official capacity, the Ohio Secretary of State (Jon Husted) in his official capacity, and Steven Driehaus.
*
 These particular Commissioners have been automatically substituted for their official-capacity predecessors pursuant to Supreme Court Rule 35(3).

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