No. 19-983

Colleen Reilly, et al. v. City of Harrisburg, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2020-02-05
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: article-iii-court constitutional-avoidance content-based content-neutrality first-amendment free-speech hill-v-colorado less-restrictive-alternatives reed-v-gilbert speech-restriction standing
Key Terms:
FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2020-07-01 (distributed 3 times)
Question Presented (AI Summary)

Whether Reed v. Town of Gilbert overruled Hill v. Colorado

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether this Court’s holding in Reed v. Town of Gilbert, 135 8. Ct. 2218 (2015), that laws restricting speech on the basis of its function or purpose are facially content-based, overruled and replaced this Court’s previous test for content neutrality set forth in Hill v. Colorado, 530 U.S. 703 (2000). 2. Whether an Article III court’s use of the doctrine of constitutional avoidance to impose a narrowing construction on a _ content-based regulation of protected speech that is contrary to the law’s plain text and the government’s construction, enforcement, and defense conflicts with this Court’s binding precedents in United States v. Stevens, 559 U.S. 460, 481 (2010), and Reno v. ACLU, 521 U.S. 844, 884 (1997). 3. Whether this Court’s holding in McCullen v. Coakley, 573 U.S. 464, 494 (2014), that the government must demonstrate it seriously undertook to address alleged problems with protected speech by less restrictive tools readily available to it, requires that the government show, with a meaningful record, that other less restrictive alternatives were tried and failed or that such alternatives were closely examined and ruled out for good reason, as stated in Bruni v. City of Pittsburgh, 824 F.3d 353 (3d Cir. 2016) [hereinafter Bruni J].

Docket Entries

2020-07-02
Petition DENIED.
2020-06-29
DISTRIBUTED for Conference of 7/1/2020.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-09
Reply of petitioners Colleen Reilly, et al. filed. (Distributed)
2020-05-26
Brief of respondents City of Harrisburg, Pennsylvania, et al. in opposition filed.
2020-04-29
Response to motion from petitioner Colleen Reilly, et al. filed.
2020-04-29
Motion to extend the time to file a response is granted in part; the time is extended to and including May 26, 2020.
2020-04-28
Motion to extend the time to file a response from May 18, 2020 to June 17, 2020, submitted to The Clerk.
2020-04-17
Response Requested. (Due May 18, 2020)
2020-04-08
DISTRIBUTED for Conference of 4/24/2020.
2020-04-06
Waiver of right of respondents City of Harrisburg, Harrisburg City Council, and Eric Papenfuse, in his official capacity as Mayor of Harrisburg to respond filed.
2020-02-28
Motion to extend the time to file a response is granted and the time is extended to and including April 6, 2020.
2020-02-25
Motion to extend the time to file a response from March 6, 2020 to April 6, 2020, submitted to The Clerk.
2020-02-03
Petition for a writ of certiorari filed. (Response due March 6, 2020)

Attorneys

City of Harrisburg, Harrisburg City Council, and Eric Papenfuse, in his official capacity as Mayor of Harrisburg
Maureen Murphy McBrideLamb McErlane PC, Respondent
Maureen Murphy McBrideLamb McErlane PC, Respondent
Frank J. Lavery Jr.Lavery Law, Respondent
Frank J. Lavery Jr.Lavery Law, Respondent
Colleen Reilly, et al.
Mathew D. StaverLiberty Counsel, Petitioner
Mathew D. StaverLiberty Counsel, Petitioner