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Michael Anthony Casillas v. Minnesota

Paid petition · Supreme Court of Minnesota, No. A19-0576 · judgment December 30, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does the First Amendment allow a state to criminalize protected speech by means of a statute aimed at prohibiting the nonconsensual dissemination of sexual images when that statute lacks an intent-to-harm requirement and employs a negligence mens rea? The Minnesota Supreme Court upheld a Minnesota statute under a strict scrutiny analysis despite the Court’s holding that the statute prohibits more than obscenity.

Counsel of record

For petitioner
John Thomas Arechigo
Arechigo & Stokka, P.A.

For respondent
Kathryn Marie Keena

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 07 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. May 20 2021
    Petition for a writ of certiorari filed. (Response due June 23, 2021)