This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Petitioners, the case concerns whether parties who obtain a preliminary injunction are entitled to attorney's fees.
Background and question before the Court
Justice Scalia asked what would happen if the parties obtained a TRO instead of a preliminary injunction.
According to Justice Stevens, the Court inquired whether the underlying principle involved a First Amendment right to demonstrate in the nude.
What each side argues
Petitioners
Petitioners argue that appellate precedent holds that plaintiffs who obtain a preliminary injunction are prevailing parties entitled to attorney's fees.
According to Ms. Millett, they further contend that fee entitlement is tied to a violation of Federal law, but a consent decree situation can also permit fees when the defendant does not resist final relief.
According to United States, they note that a preliminary injunction does not itself determine a violation of Federal law.
Respondents
According to Mr. GALANTER, respondents contend that the district court's orders treat similar protests differently and that this reading is unfair.
According to Ms. Seitz, they point out that costs awarded were reduced so that no party ultimately received any costs.
According to Mr. Galanter, they note that they received short notice—only a week—before the district court decided not to allow nude protest.
What happened at oral argument
Oral argument before the Supreme Court began at 11:20 a.m.
According to Chief Justice Roberts, chief Justice Roberts announced the case: “We’ll next hear Case 06‑531, Sole versus Wyner.”
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 1794925f58b9e8fcc579-r1-4981c3b5eb6c1671.pdforal argument transcript
Guide generated September 22, 2026. Automated validation accepted this version.