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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.