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Scott Louis YoungBear v. Tom Miller, Attorney General of Iowa

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-1279 · judgment May 9, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 0% cert probability

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

Question presented

Rosenberger v. Rector and Visitors of Univ. ofVa., 515 U.S. 819, 829 (1995): When the government targets not subject matter, but particular views taken by speakers on a subject, the violation of the First Amendment is all the more blatant. Viewpoint discrimination is thus an egregious form of content discrimination. The government must abstain from regu­ lating speech when the specific motivating ideology or the opinion or perspective of the speaker is the rationale for the restriction. A civil complaint under 42 U.S.C. § 1983 was filed concerning faith-based treatment under Iowa Code § 692A (2019) Sex Offender Reg­ istry and quotations from the Bible were as­ serted. The Northern District Court of Iowa and the Eighth Circuit Court of Appeals de­ nied relief. Question presented: Whether prior restraint, content-based or viewpoint discrimination was applied when religious speech in a civil complaint was cen­ sored per the “forbidden domain” doctrine, United States v. Ballard, 322 U.S. 78, 87 (1944).

Counsel of record

For petitioner
Scott Louis YoungBear

For respondent
Samuel Paul Langholz
Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 12 2022
    Rehearing DENIED.
  2. Nov 22 2022
    DISTRIBUTED for Conference of 12/9/2022.
  3. Oct 05 2022
    Petition for Rehearing filed.
  4. Oct 03 2022
    Petition DENIED.
  5. Aug 04 2022
    Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner Scott Louis Youngbear.
  6. Jun 15 2022
    DISTRIBUTED for Conference of 9/28/2022.
  7. May 31 2022
    Waiver of right of respondent Tom Miller, Attorney General of Iowa to respond filed.
  8. May 23 2022
    Petition for a writ of certiorari filed. (Response due June 30, 2022)