Susan B. Anthony List v. Driehaus, 2011 U.S. Dist. LEXIS 83838

SBA List published an ad claiming Driehaus supported taxpayer-funded abortion; ad intended for Lamar billboards but was not posted.
Driehaus filed complaints with the Ohio Elections Commission alleging false statements and a disclaimer violation against SBA List.
A probable cause panel found probable cause on false statements but dismissed the disclaimer claim; an administrative hearing was set before the full Commission.
SBA List sought federal relief; Younger abstention was entered and the federal action sought to stay or enjoin the Commission proceedings, which the Sixth Circuit declined to preliminarily enjoin.
COAST, a political-issues group, alleged threats of enforcement chilled its First Amendment speech and filed a second amended complaint seeking to challenge Ohio’s false-statement and disclaimer laws.
COAST did not allege it faced a current or threatened enforcement action; no complaint had been filed against COAST, and the Commission cannot initiate proceedings without a complaint.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether COAST's claims are ripe	COAST claims imminent enforcement and chilling effect from Ohio laws.	No ripe controversy since no complaint against COAST and no imminent enforcement.	Not ripe; court lacks subject matter jurisdiction.
Whether COAST has standing to challenge Ohio election laws	COAST has an actual or imminent injury from chilling speech and fear of prosecution.	COAST's alleged chill is too speculative and no imminent threat of enforcement exists.	No standing; COAST lacks an injury-in-fact attributable to the defendant.

Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing requires injury, causation, redressability)
Ward v. Alt. Health Delivery Sys., 261 F.3d 624 (6th Cir.2001) (standing as jurisdictional hurdle analyzed under Rule 12(b)(1))
Warth v. Seldin, 422 U.S. 490 (1975) (standing requires concrete injury and redressability)
Sierra Club v. United States Army Corps of Eng'rs, 446 F.3d 808 (8th Cir.2006) (ripeness and standing considerations in pre-enforcement contexts)
Pestrak v. Ohio Elections Comm'n, 926 F.2d 573 (6th Cir.1991) (false-speech regulation and enforcement discretion)
Norton v. Ashcroft, 298 F.3d 547 (6th Cir.2002) (pre-enforcement challenges require intention to comply or violate)
All Children Matter v. Brunner, No. 2:08cv1036, 2011 U.S. Dist. LEXIS 13866 (S.D. Ohio 2011) (imminent harm required to establish standing; speculative harm insufficient)