Monica Miller, et al. v. Letitia James, Individually and in Her Official Capacity as Attorney General of New York

During a press conference convened by the New York Attorney General to announce the filing of a civil lawsuit against Red Rose Rescue, a pro-life organization, and several of its members, the Attorney General declared that the organization was a “terrorist group” and that those associated with the organization were “terrorists.” There were no allegations of terrorism in the civil lawsuit, and neither Red Rose Rescue nor anyone associated with the organization has ever been charged with the crime of terrorism nor any other violent felony. The Attorney General’s appellation was designed to malign Red Rose Rescue and its associates in the eyes of the public and to reduce the effectiveness of their First Amendment activities.

1. Do Petitioners, who are members of Red Rose Rescue, have standing to advance their constitutional challenge to the actions of the Attorney General when they have alleged a chilling effect on their First Amendment rights and reputational harm?

2. A re the Attorney General’s “terrorist” and “terrorist group” designations opinion protected by the First Amendment and thus immune from New York’s defamation law?