1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Jessica Ring Amunson (pro hac vice)

Tassity Johnson (pro hac vice forthcoming)

JENNER & BLOCK LLP

1099 New York Avenue NW Ste 900

Washington, DC 20001

jamunson@jenner.com

tjohnson@jenner.com

Attorneys for the DKT Liberty Project, 

Cato Institute, and Reason Foundation

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

v.

Michael Lacey, et al.,

Defendants.

No. CR-18-422-PHX-SRB

UNCONTESTED MOTION FOR 

LEAVE TO FILE BRIEF OF AMICI

CURIAE THE DKT LIBERTY 

PROJECT, CATO INSTITUTE, AND 

REASON FOUNDATION

The DKT Liberty Project, Cato Institute, and Reason Foundation (“Amici”), move 

this Court for an order allowing the filing of a proposed brief, which Amici have lodged 

concurrently with this Motion, concerning the issues raised by Defendants’ Motion to 

Dismiss the Indictment. Counsel for the United States has stated that the United States 

has no objection to the filing of the proposed brief from Amici. Defendants likewise have 

no objection to the filing.

The decision to grant, or deny, amicus briefing lies solely within a district court’s 

jurisdiction, Center for Biological Diversity v. United States Bureau of Land 

Management, No. 09–CV–8011–PCT–PGR, 2010 WL 1452863, at *2 (D. Ariz. Apr. 12, 

2010), but “[a]n amicus brief should normally be allowed when . . . the amicus has unique 

information or perspective that can help the court beyond the help that the lawyers for the 

parties are able to provide,” Cmty. Ass’n for Restoration of Env’t (CARE) v. DeRuyter 

Bros. Dairy, 54 F. Supp. 2d 974, 975 (E.D. Wash. 1999) (internal citations omitted). 

Amici curiae often assist in cases “of general public interest, supplementing the efforts of 

Case 2:18-cr-00422-DJH Document 619 Filed 05/28/19 Page 1 of 4
2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

counsel, and drawing the court’s attention to law that escaped consideration.” MillerWohl Co. v. Comm’r of Labor & Indus. of Mont., 694 F.2d 203, 204 (9th Cir. 1982). As 

further explained below, Amici are nonprofit organizations dedicated to protecting 

individual liberties, and especially those liberties guaranteed by the Constitution of the 

United States, against all forms of government interference. They submit that their 

expressed views may assist the Court in its task of deciding the Motion to Dismiss the 

Indictment. 

The DKT Liberty Project was founded in 1997 to promote individual liberty 

against encroachment by all levels of government. The Liberty Project is committed to 

defending privacy, guarding against government overreach, and protecting every 

American’s right and responsibility to function as an autonomous and independent 

individual. The Liberty Project espouses vigilance over regulation of all kinds, but 

especially those that restrict individual civil liberties. The Liberty Project’s founder has a 

unique perspective on the issues before this Court because he was the subject of a similar 

prosecutorial campaign to silence his First Amendment rights approximately three 

decades ago. See United States v. PHE, Inc., 965 F.2d 848 (10th Cir. 1992). The Liberty 

Project has filed several briefs as amicus curiae in the United States Supreme Court and 

the courts of appeals on issues involving the First Amendment.

The Cato Institute was established in 1977 as a nonpartisan public policy research 

foundation dedicated to advancing the principles of individual liberty, free markets, and 

limited government. Cato’s Robert A. Levy Center for Constitutional Studies was 

established to restore the principles of limited constitutional government that are the 

foundation of liberty. Toward those ends, Cato publishes books and studies, conducts 

conferences and forums, and produces the annual Cato Supreme Court Review. 

Reason Foundation is a national, nonpartisan, and nonprofit public policy think 

tank, founded in 1978. Reason’s mission is to advance a free society by applying and 

promoting libertarian principles and policies—including free markets, individual liberty, 

and the rule of law. Reason supports dynamic market-based public policies that allow 

Case 2:18-cr-00422-DJH Document 619 Filed 05/28/19 Page 2 of 4
3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

and encourage individuals and voluntary institutions to flourish. Reason advances its 

mission by publishing Reason magazine, as well as commentary on its websites, and by 

issuing policy research reports. To further Reason’s commitment to “Free Minds and Free 

Markets,” Reason participates as amicus curiae in cases raising significant constitutional 

or legal issues.

The proposed brief reflects Amici’s extensive experience with the jurisprudence 

on the First Amendment’s presumptive protection of speech—including unpopular, 

sexually oriented speech—against government infringement. The proposed brief also 

details Amici’s arguments that criminal liability cannot be imposed absent the requisite 

mens rea, particularly where criminal statutes touch and concern protected sexually

oriented speech, to preserve the finely-drawn lines between protected and unprotected 

speech the Supreme Court has established. Amici submit that their experience with the 

Supreme Court’s precedent on these issues will assist the Court in deciding Defendants’ 

Motion to Dismiss the Indictment.

DATED this 28th day of May, 2019.

JENNER & BLOCK LLP

By: /s/ Jessica Ring Amunson

Jessica Ring Amunson (pro hac vice)

 Counsel of Record

Tassity Johnson (pro hac vice forthcoming)

1099 New York Ave., NW, Suite 900

Washington, DC 20001

Attorneys for The DKT Liberty Project, Cato 

Institute, and Reason Foundation

Case 2:18-cr-00422-DJH Document 619 Filed 05/28/19 Page 3 of 4
4

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CERTIFICATE OF SERVICE

I hereby certify that on May 28, 2019, I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a 

Notice of Electronic Filing to all CM/ECF registrants.

s/ Jessica Ring Amunson

Case 2:18-cr-00422-DJH Document 619 Filed 05/28/19 Page 4 of 4