No. 18-704

Ross Abbott, et al. v. Harris Pastides, et al.

Lower Court: Fourth Circuit
Docketed: 2018-11-29
Status: Denied
Type: Paid
Amici (6) Experienced Counsel
Tags: campus-speech civil-rights due-process first-amendment free-speech overbreadth qualified-immunity standing vagueness
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2019-03-01
Question Presented (AI Summary)

Whether students have standing to challenge university speech regulations

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a student and student organizations investigated for possibly violating a_ public university’ regulations governing on-campus speech have standing to bring a_ First Amendment challenge to the vagueness and overbreadth of the regulations where the university declined either to clarify the regulations or disavow future enforcement? 2. Whether a public university's anti-harassment policy violates the First Amendment where it authorizes the university to restrict speech based on broad, vague, and undefined terms, and does not require that prohibited speech be objectively offensive? 3. Whether a public university violates the First Amendment when its campus speech regulations lack any process for screening insubstantial or frivolous complaints and its investigative procedures impose burdens on speakers, including a gag order, during pendency of the investigation? 4. Whether university officials are entitled to qualified immunity when they enforce university anti-discrimination policies by placing the burden on speakers to justify their engagement in controversial speech?

Docket Entries

2019-03-04
Motion for leave to file amici brief filed by First Amendment Clinics at Duke Law, et al. GRANTED.
2019-03-04
Motion for leave to file amici brief filed by the South Carolina ACLU, et al. GRANTED.
2019-03-04
Petition DENIED.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-02-11
Reply of petitioners Ross Abbott, et al. filed. (Distributed)
2019-01-30
Brief of respondents Harris Pastides, et al. in opposition filed.
2019-01-04
Response in opposition to motion to file amici curiae brief of South Carolina ACLU, et al. from respondents Harris Pastides, et al. filed.
2019-01-03
Response in opposition to motion to file amici curiae brief of First Amendment Clinics at Duke Law, et al. from respondents Harris Pastides, et al. filed.
2018-12-28
Motion for leave to file amici brief filed by The South Carolina ACLU, et al.
2018-12-26
Motion for leave to file amici brief filed by First Amendment Clinics at Duke Law, et al. (12/27/2018)
2018-12-21
Motion to extend the time to file a response is granted and the time is extended to and including January 30, 2019.
2018-12-19
Motion to extend the time to file a response from December 31, 2018 to January 30, 2019, submitted to The Clerk.
2018-12-18
Blanket Consent filed by Petitioners, Ross Abbott, et al..
2018-11-21
Petition for a writ of certiorari filed. (Response due December 31, 2018)

Attorneys

FIRST AMENDMENT CLINICS AT DUKE LAW AND ARIZONA STATE UNIVERSITY LAW
H. Jefferson PowellFirst Amendment Clinic Duke Law School, Amicus
H. Jefferson PowellFirst Amendment Clinic Duke Law School, Amicus
Harris Pastides, et al.
Kenneth P. WoodingtonDavidson, Wren & Plyler, P.A., Respondent
Kenneth P. WoodingtonDavidson, Wren & Plyler, P.A., Respondent
Ross Abbott, et al.
Robert Lawrence Corn-RevereDavis Wright Tremaine LLP, Petitioner
Robert Lawrence Corn-RevereDavis Wright Tremaine LLP, Petitioner
The South Carolina ACLU; The DKT Liberty Project; The Cato Institute, Reason Foundation
Robert D KamenshineD, Amicus
Robert D KamenshineD, Amicus