Justia Constitutional Law Opinion Summaries

A politically active resident of East Cleveland, Ohio, who had long used a sound truck to broadcast political messages, supported a challenger in a mayoral primary. After this involvement, city officials began enforcing rarely used parking and noise ordinances against him. The plaintiff was warned, cited, had his truck impounded, and was prosecuted for a noise violation. He alleged that these actions were motivated by his support for the challenger and criticism of the administration. The plaintiff, along with his company, brought claims under 42 U.S.C. § 1983 against the city, the mayor, the mayor’s chief of staff, and the police chief, asserting First Amendment retaliation and prior-restraint violations, as well as Fourth and Fourteenth Amendment claims.The United States District Court for the Northern District of Ohio resolved all claims in favor of the defendants. Some claims—including First Amendment retaliation claims against the mayor and chief of staff—were dismissed at the pleading stage, while others were resolved at summary judgment. The court found that the ordinances were facially valid and that the plaintiff had either failed to establish the required elements for his claims or had forfeited certain arguments on appeal.On appeal, the United States Court of Appeals for the Sixth Circuit revived certain First Amendment retaliation claims. It held that the district court erred in applying the probable cause requirement to the retaliation claims against the mayor and chief of staff, reversing their dismissal. The court affirmed summary judgment for the police chief on qualified immunity grounds, finding no clearly established law that would make him liable as a conduit for another’s retaliatory motive. As to the city, the court vacated summary judgment on retaliation, remanding for further proceedings on whether municipal policy directly caused a constitutional violation. The court affirmed the district court on all other claims, including the prior-restraint and Fourth Amendment seizure claims, and noted that the plaintiff had forfeited his selective enforcement arguments on appeal. View "Fambrough v. City of E. Cleveland" on Justia Law

A financial services company operating a designated contract market began offering sports-event contracts, which allowed users to buy and sell positions based on the outcome of various sporting events. These offerings attracted the attention of Ohio and Tennessee state gambling regulators, who asserted that the company was violating state gambling laws by operating without appropriate licenses and by allowing underage users to participate. Both states sent cease-and-desist letters to the company, demanding it stop offering sports-event contracts to their residents. The company, which claimed to be federally authorized under the Commodity Exchange Act (CEA), argued that federal law preempted state regulation of its activities.In Ohio, the company filed suit in the United States District Court for the Southern District of Ohio, seeking a preliminary injunction to prevent enforcement of state gambling laws against it. The district court denied the injunction, finding the company had not demonstrated that its sports-event contracts were “swaps” subject to exclusive jurisdiction of the Commodity Futures Trading Commission (CFTC) and, even if they were, had not established federal preemption. The company appealed. In Tennessee, a similar suit was filed in the United States District Court for the Middle District of Tennessee, which granted a preliminary injunction, holding the company was likely to succeed because the contracts constituted “swaps” and conflict preemption applied. Tennessee officials appealed.The United States Court of Appeals for the Sixth Circuit reviewed both cases together. It held that the company’s sports-event contracts did not satisfy the statutory definition of a “swap” under the CEA and thus did not fall within CFTC exclusive jurisdiction. The court further held that, even assuming the contracts were swaps, the CEA neither expressly nor impliedly preempted Ohio’s or Tennessee’s gambling laws. The Sixth Circuit affirmed the denial of the preliminary injunction in Ohio, vacated the grant of the injunction in Tennessee, and remanded for further proceedings. View "KalshiEX LLC v. Schuler" on Justia Law

Walker was involved in a scheme with two others to distribute cocaine. He arranged for cocaine to be mailed from a supplier near the U.S.-Mexico border, using one co-conspirator to send the packages and a postal worker whom he paid to deliver them along his mail routes. Law enforcement intercepted two cocaine packages, observed Walker conducting drug sales from his girlfriend’s home, and later searched that residence, finding drugs, paraphernalia, and Walker’s phone. Walker confessed to drug activities after the search.The United States District Court for the Western District of Michigan denied Walker’s motion to suppress evidence from the residence, finding probable cause for the search warrant and, alternatively, that the good-faith exception applied. At trial, the jury convicted Walker on all counts related to the drug conspiracy, and he was sentenced to 360 months’ imprisonment.Walker appealed to the United States Court of Appeals for the Sixth Circuit, raising three main issues. First, he argued that the evidence from the search should have been suppressed. The Sixth Circuit found the warrant affidavit was sufficient to establish probable cause and, even if not, that the officers' reliance on the warrant was objectively reasonable under the good-faith exception. Second, Walker challenged the admission of statements he made during a proffer session, asserting protection under Federal Rule of Evidence 410. The appellate court held that Walker, through counsel, had waived this argument by conceding that certain statements were admissible due to their inconsistency with his trial defense. Third, Walker argued a violation of his Confrontation Clause rights regarding a co-defendant’s testimony. The court found this right was also waived when Walker and his counsel agreed to a curative instruction for the jury to disregard the testimony. The Sixth Circuit affirmed the convictions. View "United States v. Walker" on Justia Law

After the Supreme Court’s Dobbs decision, Tennessee enacted a near-total abortion ban and later passed the Underage Abortion Trafficking Act, which included the “Recruitment Provision.” This provision criminalizes intentionally recruiting an unemancipated minor for an abortion that would be illegal in Tennessee, even if the procedure is legal where performed. Two advocates for abortion rights, Welty and Behn, regularly provide counseling and information to minors about obtaining legal abortions, including out-of-state options. Concerned that the new law would criminalize their advocacy and speech, they filed a pre-enforcement suit against several district attorneys general, alleging First Amendment violations.The case was first reviewed by the United States District Court for the Middle District of Tennessee. After a preliminary injunction hearing and cross-motions for summary judgment, the district court granted summary judgment in favor of Welty and Behn, holding that the Recruitment Provision is both unconstitutional as applied and facially overbroad under the First Amendment. The district court issued an injunction preventing enforcement of the Recruitment Provision by the defendants, but rejected the plaintiffs’ claim that the law was unconstitutionally vague.On appeal, the United States Court of Appeals for the Sixth Circuit reviewed the district court’s rulings de novo. The Sixth Circuit affirmed the lower court’s holding, concluding that the Recruitment Provision constitutes unconstitutional viewpoint discrimination and is substantially overbroad, thus facially violating the First Amendment. The court determined that the statute impermissibly restricts protected speech regarding legal abortions and cannot survive strict scrutiny. The court also affirmed the scope of the district court’s injunction, which barred enforcement of the Recruitment Provision. View "Welty v. Dunaway" on Justia Law

The defendant engaged in repeated threatening communications directed at two members of Congress, including violent voicemails and explicit threats to harm and kill them. These actions occurred over a period from 2022 to 2024, escalating in severity, culminating in a particularly violent message in July 2024. The defendant pleaded guilty to transmitting a threat in interstate commerce based on the July 2024 voicemail.The United States District Court for the Eastern District of Tennessee sentenced the defendant to twenty-four months’ imprisonment and one year of supervised release. As a condition of supervised release, the court imposed a broad ban prohibiting any contact with all members of Congress, directly or indirectly, including through third parties and social media, regardless of the nature or purpose of the communication. The district court stated the condition was necessary to protect the public and deter similar conduct. The defendant did not object at sentencing but timely appealed, arguing the condition was overly broad and infringed his First Amendment rights.The United States Court of Appeals for the Sixth Circuit reviewed the supervised release condition for plain error, due to the lack of objection below. The court found that the district court’s condition was overly broad and constituted error, as it imposed a greater deprivation of liberty than was reasonably necessary and burdened constitutional rights, including the right to petition Congress. However, the Sixth Circuit concluded that the error was not obvious or clear under existing law, since there was no binding precedent directly addressing such a broad restriction in this specific context. Therefore, the court affirmed the district court’s decision, holding that while the supervised release condition was erroneous, it did not meet the stringent requirements for plain error reversal. View "United States v. Hayes" on Justia Law

A 59-year-old Navy employee began communicating with a 15-year-old boy, M.V., on an online dating site where M.V. falsely listed his age as 18, the minimum allowed by the site. Over several months in 2023, the two exchanged messages, met in person multiple times, and, according to M.V., engaged in sexual acts. The minor’s parents eventually discovered the relationship, notified law enforcement, and participated in a sting operation that resulted in the adult’s arrest. Police recovered evidence from the defendant’s belongings, including items suggesting sexual intent.A grand jury in the United States District Court for the Western District of Michigan indicted the defendant on one count of coercion and enticement of a minor under 18 U.S.C. § 2422(b), and two counts of interstate travel with intent to engage in illicit sexual conduct under 18 U.S.C. § 2423(b). Before trial, the district court excluded sexually explicit portions of the minor’s dating profile under Federal Rule of Evidence 412 and denied a proposed affirmative defense related to reasonable belief of the victim’s age for Counts 2 and 3. The jury convicted the defendant on all counts, and he was sentenced to 156 months in prison.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court affirmed the conviction on Count 1, holding that the district court’s jury instructions accurately reflected the law and that sufficient evidence supported the conviction. The court found no abuse of discretion in excluding evidence under Rule 412. However, regarding Counts 2 and 3, the court held that the government must prove the defendant intended to engage in a sexual act with a person under 16, not merely under 18, when § 2243(a) is the predicate offense. The convictions on Counts 2 and 3 were vacated and remanded for a new trial with proper jury instructions. View "United States v. Stafford" on Justia Law

Kevin Lackey was convicted in 1993 by a Michigan jury of criminal sexual conduct and breaking and entering after he was accused of sexually assaulting an eleven-year-old girl in her home. The incident involved an assailant who allegedly entered through a window, abducted the victim from her bedroom, and assaulted her on the back porch before fleeing. Police quickly responded, gathered statements, and relied on a police dog that tracked from the crime scene to Lackey’s nearby residence. Lackey matched the physical description given by the victim and her mother. After serving 22 years in prison, his convictions were vacated due to significant issues with the dog-tracking evidence, and the prosecutor chose not to retry the case.Following the vacatur of his convictions, Lackey filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Michigan. He alleged that several investigating officers fabricated evidence, maliciously prosecuted him, and suppressed exculpatory material, thereby violating his constitutional rights. The district court granted summary judgment in favor of the officers, finding them entitled to qualified immunity, and Lackey settled his remaining claims against another defendant before final judgment was entered.The United States Court of Appeals for the Sixth Circuit reviewed the case de novo. The court affirmed the district court’s judgment, holding that Lackey failed to show the officers violated clearly established constitutional rights. The court found no genuine dispute as to material fact that would defeat qualified immunity on claims of fabrication of evidence, malicious prosecution, or suppression of exculpatory evidence. Specifically, the court concluded there was probable cause supporting Lackey’s arrest and prosecution, and no evidence that the officers withheld material information or fabricated evidence in a way that affected the outcome of the trial. The judgment in favor of the officers was therefore affirmed. View "Lackey v. Hurley" on Justia Law

A trade association representing internet companies challenged the enforcement of a new Tennessee statute designed to protect minors from social media risks. The law requires social media companies to verify the ages of all prospective account holders and secure parental consent before allowing minors to create accounts. It also mandates that parents be given tools to supervise their children’s accounts. The association argued that its members would suffer unrecoverable compliance costs and that the law would restrict their and their users’ First Amendment rights.The United States District Court for the Middle District of Tennessee denied the association’s motion for a preliminary injunction. The district court concluded that the association had not established irreparable harm, finding that the alleged loss of First Amendment freedoms was not sufficiently certain or imminent, and that unrecoverable compliance costs did not qualify as irreparable harm. Because the court found no irreparable harm, it did not consider the other preliminary injunction factors.The United States Court of Appeals for the Sixth Circuit reviewed the district court’s denial. The appellate court disagreed with the lower court’s analysis of irreparable harm, holding that both unrecoverable compliance costs and the loss of First Amendment freedoms can satisfy the threshold requirement for irreparable harm. The court explained that compliance costs need not be extraordinary to be considered irreparable and that the chilling effect on speech, even before enforcement, can constitute irreparable harm if enforcement is likely and imminent. The Sixth Circuit vacated the district court’s order and remanded the case for further consideration of all preliminary injunction factors, directing the lower court to weigh the harm asserted and address the remaining legal standards as appropriate. View "NetChoice, LLC v. Skrmetti" on Justia Law

The case concerns Michael C. Hoffpowier, who was investigated after his estranged wife, B.H., reported to law enforcement that he had scheduled an appointment at her workplace under a false name and had a history of harassing her across multiple states. Officers responding to the scene located Hoffpowier’s vehicle in a nearby parking lot. Upon approaching, they observed behavior they interpreted as a potential flight risk, including the vehicle being put in reverse. Hoffpowier was handcuffed after failing to comply with commands to approach an officer. While detained, officers reviewed text messages between Hoffpowier and B.H. and, with his consent, observed binoculars and a gun magazine in his vehicle. A search of the vehicle revealed firearms and a silencer.The United States District Court for the Eastern District of Tennessee denied Hoffpowier’s motion to suppress the evidence obtained from the search, concluding that the handcuffing did not constitute an arrest and that there was a reasonable basis to believe the vehicle contained evidence related to stalking. The magistrate judge’s report and recommendation to deny suppression was adopted after Hoffpowier’s objections were overruled, in part because he did not update his arguments in light of the report’s analysis. Hoffpowier subsequently pleaded guilty to possession of an unregistered silencer.On appeal, the United States Court of Appeals for the Sixth Circuit affirmed the district court’s decision. The court held that the officers’ use of handcuffs during the investigatory stop was reasonable given the circumstances and did not convert the stop into an arrest. It further held that the presence of binoculars visible in the vehicle provided a reasonable basis to believe that the vehicle contained evidence pertinent to the stalking offense, justifying the warrantless search under the search-incident-to-arrest exception. View "United States v. Hoffpowier" on Justia Law

A group of Guatemalan nationals were recruited under the H-2A visa program by a Michigan agricultural company and its owners to work seasonal jobs between 2017 and 2019. The plaintiffs alleged that the defendants illegally charged recruitment fees, underpaid wages, forced them to live in poor conditions, confiscated personal documents, limited their freedom, and threatened them with deportation if they complained. The plaintiffs claimed these actions violated federal anti-trafficking laws, the Fair Labor Standards Act, Michigan labor and trafficking statutes, and state contract law.In the United States District Court for the Western District of Michigan, the case proceeded to a jury trial. The jury found in favor of the plaintiffs on most claims, awarding both compensatory and punitive damages, while denying certain claims against one defendant and rejecting the defendants’ counterclaims. The district court denied the defendants’ motions for mistrial, to dismiss for forum non conveniens, for a new trial, and for remittitur of punitive damages. The court entered judgment for the plaintiffs, including damages, attorney fees, and costs.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that the punitive damages awarded were not grossly excessive or arbitrary and thus did not violate due process, applying the guideposts from BMW of North America, Inc. v. Gore and State Farm Mutual Automobile Insurance Co. v. Campbell. The court also found no abuse of discretion in the district court’s evidentiary rulings, denial of a mistrial, or in allowing the case to proceed in Michigan rather than Guatemala. The court further concluded that alleged statute of limitations defenses were either inapplicable or waived. The Sixth Circuit affirmed the district court’s judgment in all respects. View "Gomez-Echeverria v. Purpose Point Harvesting, LLC" on Justia Law