Supreme Court of the United States · Official docket →
Michael Quinn Sullivan v. Texas Ethics Commission
Paid petition · Court of Appeals of Texas, Third District, No. 03-21-00033-CV · judgment August 31, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Seventy years ago, this Court in United States v. Harriss, 347 U.S. 612, 625 (1954), held that Congress’s informational interest in “self-protection” justified federal lobbyist registration requirements. A crevasse has since developed between Harriss and this Court’s modern First Amendment jurisprudence. Although this Court has subsequently clarified that “political speech must prevail against laws that would suppress it, whether by design or inadvertence,” Citizens United v. FEC, 558 U.S. 310, 340 (2010), governments nationwide continue to abuse Harriss to justify draconian speech and petitioning restrictions not just on professional lobbyists, but on ordinary citizens. Chapter 305 of the Texas Government Code is a paradigmatic example. It requires ordinary citizens to register, make burdensome disclosures, and pay a substantial fee to speak to government officials about political issues that matter to their families, their communities, and their livelihoods. Failure to register is punishable by massive fines and up to one year of jailtime. Chapter 305 was enforced in this case to impose a $10,000 fine on Petitioner Michael Quinn Sullivan for failure to register and pay the required fee before sending mass emails to legislators about concerns relevant to his job as the leader of a small nonprofit organization. The question presented is whether—and if so, under what circumstances—the First Amendment permits the government to require ordinary citizens to register and pay a fee to communicate with their government representatives. (i)
Counsel of record
For petitioner
Kyle Douglas Hawkins
Lehotsky Keller Cohn LLP
For respondent
Eric J. R. Nichols
Butler Snow LLP
Proceedings
- Jun 02 2025Petition DENIED.
- May 13 2025DISTRIBUTED for Conference of 5/29/2025.
- May 12 2025Reply of petitioner Michael Quinn Sullivan filed. (Distributed)
- Apr 24 2025Brief of respondent Texas Ethics Commission in opposition filed.
- Mar 24 2025Brief amicus curiae of Institute for Justice filed.
- Mar 24 2025Brief amicus curiae of Institute for Free Speech filed.
- Mar 21 2025Brief amici curiae of United States Senator John Cornyn, et al. filed.
- Mar 13 2025Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2025.
- Mar 12 2025Motion to extend the time to file a response from March 24, 2025 to April 24, 2025, submitted to The Clerk.
- Feb 24 2025Brief amicus curiae of Texas Home School Coalition filed. (Distributed)
- Feb 20 2025Response Requested. (Due March 24, 2025)
- Feb 19 2025DISTRIBUTED for Conference of 3/7/2025.
- Feb 18 2025Brief amicus curiae of Manhattan Institute filed.
- Feb 18 2025Brief amici curiae of Cato Institute, et al. filed. (Distributed)
- Feb 14 2025Brief amicus curiae of Ken Paxton, Attorney General of Texas filed.
- Feb 11 2025Waiver of right of respondent Texas Ethics Commission to respond filed.
- Jan 24 2025Petition for a writ of certiorari filed. (Response due February 27, 2025)
- Dec 17 2024Application (24A494) granted by Justice Alito extending the time to file until January 24, 2025.
- Dec 10 2024Application (24A494) to extend further the time from December 28, 2024 to January 24, 2025, submitted to Justice Alito.
- Nov 19 2024Application (24A494) granted by Justice Alito extending the time to file until December 28, 2024.
- Nov 15 2024Application (24A494) to extend the time to file a petition for a writ of certiorari from November 28, 2024 to January 13, 2025, submitted to Justice Alito.