CCP’s Legal Department has filed a “friend of the court” brief in Kilroy v. Husted, a case currently before the U.S. Court of Appeals for the Sixth Circuit after being dismissed on 11th Amendment grounds. CCP is arguing that a lower court erred in requiring enforcement to be “imminent” before allowing federal courts to review allegedly-unconstitutional state statutes. Such a ruling would make civil-rights challenges difficult and, in the context of First Amendment litigation, chill protected speech by threatening potential speakers with uncertain and unpredictable enforcement.
[pdf]https://www.ifs.org/wp-content/uploads/2012/07/Brief-of-Amici-Curiae-in-Support-of-Reversal.pdf[/pdf]
