Amicus Brief: Kilroy v. Husted

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CCP’s Legal Department has filed a “friend of the court” brief in Kilroy v. Husteda 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.

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The Center for Competitive Politics is now the Institute for Free Speech.