Supreme Court of the United States · Official docket →
Nathan Miller, et al. v. Republican Party of Minnesota, et al.
Paid petition · Court of Appeals of Minnesota, No. A23-0029 · judgment January 16, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Federal and state courts have considered several different state statutes banning false campaign speech, but are in conflict on whether such state statutes are unconstitutional content-based restrictions on political speech. See, e.g., Susan B. Anthony List v. Driehaus, 814 F.3d 466, 476 (6th Cir. 2016); 281 Care Comm. v. Arneson, 766 F.3d 774, 796 (8th Cir. 2014); Linert v. MacDonald, 901 N.W.2d 664, 670 (Minn. Ct. App. 2017); Make Liberty Win v. Cegavske, 499 F.Supp.3d 794, 803 (D.Nev. 2020). To resolve an important, constitutional question, the question presented is: Whether state statutes broadly banning false campaign speech, such as Minnesota Statutes § 211B.02, are unconstitutional, if not narrowly tailored to meet a compelling state interest.
Counsel of record
For petitioner
Erick G. Kaardal
Mohrman, Kaardal & Erickson P.A.
For respondent
Zachary Michael Wallen
Chalmers, Adams, Backer & Kaufman, LLC
Case
Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 15, 2024 · Certiorari denied
Proceedings
- Oct 15 2024Petition DENIED.
- Sep 18 2024DISTRIBUTED for Conference of 10/11/2024.
- Sep 13 2024Reply of petitioners Nathan Miller, et al. filed. (10/4/2024) (Distributed)
- Aug 30 2024Brief of respondents Republican Party of Minnesota, et al. in opposition filed.
- Aug 30 2024Brief of respondent Attorney General Keith Ellison in opposition filed.
- Jul 22 2024Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2024, for all respondents.
- Jul 19 2024Motion of respondent Attorney General Keith Ellison to extend the time to file a response from August 16, 2024 to August 30, 2024, submitted to The Clerk.
- Jul 15 2024Petition for a writ of certiorari filed. (Response due August 16, 2024)