In re: Motor Fuel Temperature Sales Practices Litigation

NCLC urged the Tenth Circuit to rule that the First Amendment protects trade associations from discovery of nonpublic, confidential political speech. In this case, plaintiffs sought discovery of confidential, internal political communications of trade associations not connected to the litigation. In its brief, NCLC argued that the district court erred when it ruled that trade associations are only protected under the First Amendment from discovery if they can show that disclosure will likely result in threats or harassment. NCLC warned that the district court's decision limits the ability of trade associations to effectively associate for common political goals.

The Tenth Circuit dismissed the interlocutory appeal for lack of appellate jurisdiction.

NCLC amicus brief filed 5/4/10. Decided 5/24/11.