· 6/27/2013
Steve Cooksey v. Michelle Futrell
Citations
- 721 F.3d 226
- 2013 WL 3215240
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiff “experienced a non- speculative and objectively reasonable chilling effect” when he alleged specific conduct he would have undertaken absent the defendant’s actions
- stating that a court considering a motion to dismiss must “draw all reasonable inferences in favor of the plaintiff”
- noting that a claimant need not show he ceased activities altogether to show an injury in fact
- noting that but for the government’s regulation, the plaintiff would not have had “a speech-chilling uncertainty about the legality of private conversations and correspondence” and would have resumed his advice column
- finding objectively reasonable self-censorship in light of \explicit warning\ from state \that it will continue to monitor the plaintiff's speech in the future\
- finding the redressability requirement met where a decision favoring the plaintiff \would mean the [defendant] would be enjoined from enforcing\ an alleged unconstitutional statute, \and/or [the statute] would be deemed unconstitutional.\
Source: CourtListener parenthetical corpus (CC0).
Judges: O'Connor, Floyd, Thacker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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