No. 19-63

Murphy J. Painter v. Shane Evans

Lower Court: Louisiana
Docketed: 2019-07-11
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-protection defamation first-amendment government-speech new-york-times-v-sullivan public-figure
Key Terms:
FirstAmendment DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does the First Amendment apply to government speech such that defamatory government speech is protected free speech?

Question Presented (OCR Extract)

QUESTION PRESENTED The questions presented are: 1. Does the First Amendment to the United States Constitution apply to government speech, such that defamatory government speech constitutes an act in furtherance of of a right to free speech under the United States Constitution? 2. Does government speech become “protected speech” under the First Amendment to the United States Constitution solely on the basis that the target of the defamatory speech is a public figure? 3. If the criteria in New York Times v. Sullivan apply to the circumstances of this case such that constitutional protections for speech and press limit the state court’s power to award damages in a libel action brought by a public official against a government employee speaking in the course and scope of his government position, does it also divest the public official of any remedy whatsoever, including the right to seek a judgment from the Court that the speech at issue was defamatory?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-28
DISTRIBUTED for Conference of 10/1/2019.
2019-08-12
Waiver of right of respondent Shane Evans to respond filed.
2019-07-08
Petition for a writ of certiorari filed. (Response due August 12, 2019)

Attorneys

Murphy J. Painter
Robert Neill AguiluzRobert N. Aguiluz, Attorney-at-Law, Petitioner
Robert Neill AguiluzRobert N. Aguiluz, Attorney-at-Law, Petitioner
Shane Evans
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Preston J. Castille Jr.Taylor Porter Brooks & Phillips, LLP, Respondent
Preston J. Castille Jr.Taylor Porter Brooks & Phillips, LLP, Respondent