That the First Amendment secures a right to solicit contributions is firmly established. What use is the right to solicit contributions, if there is no inherent concomitant right to accept them? The panel’s decision rejecting the right to solicit contributions is squarely at odds with Supreme Court precedent, this Court’s precedent, and D.C. Circuit precedent, in denying the enjoyment of fundamental First Amendment rights. The matter should be reheard en banc.
Institute for Free Speech Amicus Brief, United States Fifth Circuit Court of Appeals (November 26, 2021)