Decision Analysis—First Choice Women’s Resource Centers v. Davenport: The Supreme Court Just Gave Subpoena Targets More Options

The Supreme Court just gave recipients of government subpoenas, civil investigative demands, and other legal process a new and potentially powerful tool for responding to those investigative demands, especially if those demands burden speech, association, or other federally protected rights. In First Choice Women’s Resource Centers v. Davenport, the Supreme Court held, 9-0, that a subpoena demanding sensitive donor information inflicted a present First Amendment injury sufficient for Article III... By: King & Spalding