No. 18-43

Jesse Loor v. Jenny Bailey, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-07-09
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: as-applied-challenge censorship civil-rights correctional-institutions due-process facial-challenge first-amendment mail-regulations prison-mail prison-regulations thornburgh-v-abbott
Key Terms:
AdministrativeLaw FirstAmendment Copyright JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the facial validity of a mail regulation automatically defeats an as-applied challenge to a jail's censorship of particular publications?

Question Presented (OCR Extract)

QUESTION PRESENTED In Thornburgh v. Abbott, 490 U.S. 401 (1989), this Court upheld a correctional institution’s mail regulations as “facially valid” under the First Amendment. Id. at 419. But the Court also differentiated that facial challenge from an as-applied challenge, ordering the lower court, on remand, to determine “the validity of the regulations as applied” to the particular publications censored by mailroom staff. Id. The question presented is: Whether the facial validity of a mail regulation automatically defeats an as-applied challenge to a jail’s censorship of particular publications?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-08
DISTRIBUTED for Conference of 9/24/2018.
2018-07-25
Waiver of right of respondents Jenny Bailey, et al. to respond filed.
2018-07-06
Petition for a writ of certiorari filed. (Response due August 8, 2018)
2018-04-19
Application (17A1129) granted by Justice Thomas extending the time to file until July 7, 2018.
2018-04-17
Application (17A1129) to extend the time to file a petition for a writ of certiorari from May 8, 2018 to July 7, 2018, submitted to Justice Thomas.
2018-01-03
Application (17A668) granted by Justice Thomas extending the time to file until February 11, 2018.
2017-12-12
Application (17A668) to extend the time to file a petition for a writ of certiorari from December 13, 2017 to February 11, 2018, submitted to Justice Thomas.

Attorneys

Jenny Bailey, et al.
Leigh Carolyn KobrinskiMiami - Dade County Attorney's Office, Respondent
Leigh Carolyn KobrinskiMiami - Dade County Attorney's Office, Respondent
Jesse Loor
David Michael ShapiroRoderick & Solange MacArthur Justice Center, Petitioner
David Michael ShapiroRoderick & Solange MacArthur Justice Center, Petitioner