FALA occasionally files amicus briefs in cases involving First Amendment issues. However, because it is an all-volunteer organization, we must prioritize. Generally, we focus on cases that potentially have broad application, those that are being litigated in intermediate or higher level courts, and those where the parties are being represented by FALA affiliated counsel. FALA also seeks opportunities to collaborate on amicus briefs with other organizations when appropriate.
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United States v. Anderegg (7th Cir. 2025)
FALA and FIRE filed this joint amicus brief in the Seventh Circuit urging the court to affirm the district court’s dismissal of a federal obscenity charge against Steven Anderegg for privately possessing AI-generated images of nude boys. The brief argues that Stanley v. Georgia (1969) protects private possession of obscene material in the home, and…
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Comment Opposing Adoption of Model Rule 8.4(g) in Arizona
The First Amendment Lawyers Association (FALA) opposed Arizona’s adoption of ABA Model Rule 8.4(g), which would make it professional misconduct for attorneys to engage in harassment or discrimination “related to the practice of law.” FALA argues the rule is an unconstitutionally vague, viewpoint-based speech restriction that would chill legal advocacy, expose attorneys to discipline for…
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United States v. Stevens
FALA filed this amicus brief in United States v. Stevens (No. 08-769) urging the Supreme Court to affirm the Third Circuit’s ruling that 18 U.S.C. § 48 — a federal law criminalizing depictions of animal cruelty — is facially unconstitutional under the First Amendment. Drawing on its members’ half-century of experience litigating obscenity cases, FALA…
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Williams v. King
FSC and FALA filed this joint amicus brief urging the U.S. Supreme Court to grant certiorari in a challenge to Alabama’s ban on the sale of sexual devices. The brief argues that the constitutional right to sexual privacy recognized in Lawrence v. Texas (2003) extends to adults’ choices to use such devices in private, and…
- Diamond S.J. Enterprise, Inc. v. City of San Jose, 20-15085, (9th Cir.)
- Final Exit Network, Inc. v. State of Minnesota
- For the People Theatres of N.Y., Inc. v. City of New York
- In the Matter of Marla Ann Brown
- Kate Adams v. County of Sacramento, 23-15970, (9th Cir. 2023)
- Masterpiece Cake Shop v. Colorado Civil Rights Commission, 584 U.S. 617 (2018)
- Phi Theta Kappa v. Honor Society, 24-60452, (5th Cir.)
- Pierre v. Attorney Grievance Commission of Maryland
- Pooh Bah v. City of Chicago
- Schwartzenegger v. Entertainment Merchants Association
- Scott v. Georgia
- Snyder v. Phelps
- State v. Johnson – Supreme Court of Ohio
- U.S. v. Alvez
- U.S. v. Jones – GPS Surveillance