The government defendants in this case suppressed or punished Petitioners’ use of the Pennsylvania Right to Know Law by filing objectively baseless state tort claims for defamation, tortious interference with contractual relations, and abuse of process. The Third Circuit, however, applied the Noerr-Pennington doctrine – a judicially created defense securing First Amendment rights against certain business torts – to bar Petitioners’ Section 1983 action alleging government retaliation. It would be perverse if the government could bypass these constitutional rules by claiming a First Amendment “right” to petition and filing frivolous civil actions to punish protected speech. The Court should grant review to resolve this disagreement.

Read the full amicus brief here.