Scope: Federal
Branch: Judicial
Severity: Amber
Date occurred: September 24, 2026
The U.S. Court of Appeals for the Sixth Circuit issued a 73-page decision in Welty v. Dunaway, an appeal and cross-appeal arising from a First Amendment challenge to a Tennessee criminal statute, brought against multiple state district attorneys general. The district court had previously granted partial preliminary relief, and both sides appealed.
Constitutional basis: Appellate review of preliminary injunction against a state criminal speech restriction, First Amendment merits not yet finally resolved.