Cooksey v. Futrell, No. 12-2084 (4th Cir. 2013)Annotate this Case
Plaintiff filed a complaint against the State Board, alleging that it violated his First Amendment rights by causing him to self-censor certain speech on his website wherein he offered both free and fee-based dietary advice to website visitors. The court reversed the district court's holding that plaintiff did not have standing to bring these claims. The court concluded that the district court erred in not analyzing plaintiff's claims under the First Amendment standing framework where, under that analysis, plaintiff satisfied the injury-in-fact requirement by showing that the State Board's action had an objectively reasonable chilling effect on his speech. The court also concluded that plaintiff's claims were ripe for adjudication. Accordingly, the court vacated and remanded for further proceedings.