95 F.4th 1019
6th Cir.2024Background
- Plaintiff Alison Kareem, an Ohio voter, refrained from posting a "ballot selfie" online because Ohio laws prohibit displaying a marked ballot, with criminal penalties attached.
- Kareem filed suit against the Ohio Secretary of State, the Cuyahoga County Board of Elections, and the County Prosecutor, alleging that the statutes violated her First Amendment free speech rights.
- Ohio law, specifically Ohio Rev. Code §§ 3501.35(A)(4) and 3599.20, makes it a misdemeanor or felony to display one's marked ballot to others.
- The district court granted summary judgment for Defendants, holding that Kareem lacked standing because she had not suffered a cognizable injury.
- Kareem appealed, arguing her self-censorship in response to the statutes constituted a credible threat of enforcement and thus conferred Article III standing.
- The Sixth Circuit reviewed the grant of summary judgment de novo, focusing solely on the standing issue, not the merits of the First Amendment claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Article III Injury-in-Fact | Kareem faces a credible threat of prosecution, chilling her speech. | No credible threat; no enforcement action taken; fear is speculative. | Kareem demonstrated a credible threat, supporting standing. |
| Credible Threat of Enforcement | Laws are actively enforced or threatened; officials have warned public; past takedowns show threat is real. | Laws have not been enforced against Kareem; official says enforcement is minimal. | Public warnings and past enforcement suffice; threat is not imaginary. |
| Causation | Speech restriction is directly traceable to Defendants’ roles in enforcement. | Not disputed on appeal. | Elements satisfied; traceable to Defendants. |
| Redressability | Relief sought (damages, injunction) would likely remedy the injury. | Not disputed on appeal. | Elements satisfied; relief would redress harm. |
Key Cases Cited
- Lujan v. Defs. of Wildlife, 504 U.S. 555 (standing requires injury in fact, causation, and redressability)
- Susan B. Anthony List v. Driehaus, 573 U.S. 149 (credible threat of enforcement sufficient for First Amendment standing)
- Virginia v. Am. Booksellers Ass’n, 484 U.S. 383 (pre-enforcement challenges under the First Amendment allowed due to self-censorship)
- Babbitt v. United Farm Workers Nat’l Union, 442 U.S. 289 (credible fear of prosecution supports standing)
- Uzuegbunam v. Preczewski, 141 S. Ct. 792 (nominal damages can redress past constitutional violations)