Carner wrapped up his argument by stating that once the case began, the plaintiff’s anonymity will be “forever lost”. The TRO will protect his identity until the case is actually adjudicated. The anonymity will be dropped and thus moot if the state can prosecute the case.
Carner sat down and Pizetta stepped up to take his swings at bat. He said this case was different than McIntyre. He said the court can’t find a statute to be unconstitutional based upon a hypothetical case because one could always create another hypothetical case. There must be some limits to the court’s discretion. However, Pizetta made his strongest argument as he claimed the Mississippi statute is similar in all aspects to the federal statute and those of most other states. The defender for the Attorney General said Citizens United clearly held that speech limitations were unconstitutional but disclosures and disclaimers would pass muster.