Tingley v. Ferguson
In brief
The Supreme Court refused to hear Tingley v. Ferguson, leaving its First Amendment questions undecided.
- Where it stands
- Decided
Decided · December 11, 2023 · Opinion by Justice Alito
- What it’s about
- This case asks whether a state law banning certain counseling conversations as unprofessional conduct violates the First Amendment's free speech clause. It also questions whether a law burdening religious speech is neutral and generally applicable.
- Who it affects
- The Court did not settle whether the counseling ban violates the First Amendment or whether the law treats religious speech neutrally and applies broadly. Its order did not endorse either side's arguments.
Summary: written with AI from the case record.
What it's about
The case shows that the Supreme Court can refuse review without deciding the constitutional questions a case raises.
Question presented
1. Whether a state law banning certain counseling conversations as unprofessional conduct violates the First Amendment's free speech clause. 2. Whether a law burdening religious speech is neutral and generally applicable.
What the Court decided
Holding
Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion ) Justice Alito, dissenting from the denial of certiorari. (Detached Opinion )
The vote
- Majority author
- Samuel Alito
What's next
The Supreme Court's action on this request for review is complete. The denial provides no ruling on whether the law violates free speech or whether its burden on religious speech is neutral and generally applicable.
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Opinion added: Tingley
Opinion added: Opinion
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Brief added: Petition
More questions
- What did the Supreme Court do in Tingley v. Ferguson?
- It refused to hear the case and denied review. The Court did not decide the constitutional questions.
- What law was challenged in Tingley v. Ferguson?
- The case challenged a state law banning certain counseling conversations as unprofessional conduct.
- What remains unresolved after the denial?
- The Court did not decide whether the law violates free speech or whether its burden on religious speech is neutral and generally applicable.
- Who disagreed with refusing Supreme Court review?
- Justice Kavanaugh would have granted review. Justices Thomas and Alito disagreed with the Court's denial.
- What happens next after the Supreme Court's denial?
- This Supreme Court action is complete. The denial gives no Supreme Court ruling on the constitutional questions.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.