First Choice Women’s Resource Centers, Inc. v. Davenport · ¶45

Despite all this, the Attorney General insists that First Choice has not suffered any injury and thus cannot maintain this lawsuit for three reasons. First, he contends that the subpoenas his office issues are “non-self-executing” and subpoenas of that sort cannot “objectively chill” First Amendment rights as a categorical matter. Second, he claims that, even if non-self-executing subpoenas can “objectively chill” First Amendment rights, the subpoena he issued to First Choice did not. Third, he suggests that, even if his subpoena did “objectively chill” First Choice's associational rights when he issued it, his later promise to refrain from making First Choice's donor information public effectively cured that chill.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.