Darrell Leon McClanahan, III v. Donald Trump, President of the United States, et al.

Whether a federal court may apply TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), to dismiss a First Amendment pre-enforcement challenge for lack of Article III standing by requiring past or imminent enforcement, despite this Court's decisions in Susan B. Anthony List v. Driehaus, 573 U.S. 149 (2014), Babbitt v. United Farm Workers National Union, 442 U.S. 289 (1979), and Virginia v. American Booksellers Association, 484 U.S. 383 (1988), which hold that self­ censorship in response to a credible threat of enforcement is itself a concrete, cognizable injury. Whether the Eighth Circuit's decision which treated a detailed record of governmental labeling of petitioner's speech in active federal litigation, sworn declarations of self-censorship, and the g^vermnenLs-ewn-ehar-aeter-i-z-at-ien-of-t-his-lawsuit-as-pet-if-ioneFs-demand-to-speak Avithout-fear— of reprisal" as "speculative" at the pleading stage can be reconciled with this Court's recognition in National Rifle Association of America v. Vullo, 602 U.S. 175 (2024), that fear of reprisal and informal government pressure leveraged to suppress disfavored speech may state a plausible First Amendment claim actionable without completed enforcement.