Porter et al. v. Jones: Protecting the Internet as a Tool of Political Association

Porter et al. v. Jones: Protecting the Internet as a Tool of Political Association

March 18, 2008
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STATEMENT OF THE ISSUES
A.  Did the district court err in applying the Pullman abstention doctrine to Plaintiffs’ First Amendment claims when the guarantee of free expression is an area of particular federal concern and there is a substantial risk that abstention will 
prevent full adjudication of the claims in this case prior to the November 2004 presidential election?  
 
B.  Did the district court err by abstaining under the Pullman abstention doctrine when there is no possibility that resolution of state law issues will terminate this controversy? 
 
C.  Did the district court err by dismissing the Plaintiffs’ damages claims because this Court’s heightened pleading standard does not survive the United States Supreme Court decision in Crawford-El v. Britton? 
 
D.  Did the district court err by dismissing the Plaintiffs’ damages claims because the allegations in the complaint satisfy both the heightened pleading standard and the traditional pleading standard? 
 
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