Springfield R-12 School District, et al. v. Brooke Henderson, et al.

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.”