Blum v. Holder, No. 13-1490 (1st Cir. 2014)Annotate this Case
Plaintiffs, committed animal rights activists, filed this action seeking declaratory and injunctive relief that the Animal Enterprise Terrorism Act (“Act”), which criminalizes “force, violence, and threats involving animal enterprises,” violates the First Amendment. Plaintiffs had never been prosecuted or threatened with prosecution under the Act but claimed that fear of future prosecution and present self-restraint caused them to suffer injury in fact. The district court dismissed the complaint, holding that Plaintiffs failed to establish an injury in fact as required by Article III. The First Circuit Court of Appeals affirmed, holding that Plaintiffs’ unsubstantiated and speculative fear of prosecution under the Act was not a basis for standing under U.S. Const. art. III.
The court issued a subsequent related opinion or order on March 12, 2014.