Emergency application
Political speech and criminal threats
Andrew Hess v. Oakland County, Michigan
What did the Court do?
The Court denied the request on October 20, 2025, so nothing changes while the case continues in the lower courts.
Emergency rulings are temporary and do not decide the underlying case.
What's being asked
Andrew Hess asks the Supreme Court for an emergency injunction (a court order requiring or stopping an action). Hess says Oakland County seeks to revive a dropped charge under Michigan’s terrorist-threat law over his recount remark, “Hang Joe for Treason.” He argues his remark was political speech protected by the First Amendment (the Constitution’s free-speech protection).
What the Court did
The Supreme Court refused Hess’s emergency request; Justice Kavanaugh denied the application (turned it down). The order does not decide whether the law violates free-speech protections. The Court did not publish how the justices voted.
What it means
The emergency ruling on temporary help does not decide who wins the main case. The case continues in the Sixth Circuit Court of Appeals, a federal appeals court. The docket lists no related Supreme Court case about the main question and no argument date.
Sources
Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A402. The answers restate that record in plain words; explainer copy is written from the record and the filings only.