Supreme Court of the United States · Official docket →
Springfield R-12 School District, et al. v. Brooke Henderson, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-1374, 23-1880 · judgment December 30, 2025
(petition-stage, structural)
About 6.7× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a state or local-government petitioner, and a circuit split argued in the petition.
Question presented
This Court has held that a threatened injury must be “certainly impending” to satisfy Article III’s injury-infact requirement, expressly rejecting a more forgiving “objectively reasonable likelihood” standard. Clapper v. Amnesty Int’l USA, 568 U.S. 398, 401, 410 (2013). The courts of appeals are divided over whether the demanding “certainly impending” standard, or the more forgiving objective-reasonableness standard Clapper rejected, governs First Amendment claims of “chilled” or “compelled” speech. The question presented is: Whether a plaintiff alleging chilled or compelled speech establishes Article III injury-in-fact by showing that her self-censorship or compliance was “objectively reasonable,” or whether, consistent with Clapper, the plaintiff must show that a threatened governmental consequence was “certainly impending.”
Counsel of record
For petitioner
John Patrick Elwood
Arnold & Porter Kaye Scholer LLP
For respondent
James Vincent Francis Dickey
Southeastern Legal Foundation
Proceedings
- Sep 02 2026Amicus brief of Commonwealth of Virginia submitted.
- Aug 17 2026Brief amici curiae of Public School Organizations filed. (Distributed)
- Aug 12 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 10 2026Waiver of right of respondent Brooke Henderson, et al. to respond filed.
- Jul 30 2026Petition for a writ of certiorari filed. (Response due September 2, 2026)
- May 19 2026Application (25A1271) granted by Justice Kavanaugh extending the time to file until July 30, 2026.
- May 14 2026Application (25A1271) to extend the time to file a petition for a writ of certiorari from May 31, 2026 to July 30, 2026, submitted to Justice Kavanaugh.