No. 20-1627

S. S., et al. v. S. B.

Lower Court: Pennsylvania
Docketed: 2021-05-21
Status: Denied
Type: Paid
Amici (3)
Tags: child-custody content-based content-based-restriction first-amendment free-press free-speech gag-order overbreadth prior-restraint vagueness
Key Terms:
FirstAmendment DueProcess Privacy
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Is such a 'gag order' an unconstitutionally vague and overbroad prior restraint and content-based restriction violating Petitioners' First Amendment free-speech

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioners Richard Ducote and Victoria McIntyre are attorneys representing Petitioner $.S., the mother of a now 14-year-old son, in a Pennsylvania child custody case. After 8.8. lost custody to the father, Respondent S.B., and the ruling was affirmed on appeal, at S.B.’s urging the trial court issued a “gag order” against all three Petitioners forbidding them to: “speak publicly or communicate about this case including, but not limited to print and broadcast media, on-line or web-based communications, or inviting the public to view existing on-line or web-based publications”; and “direct or encourage third parties to speak publicly about this case including, but not limited to, print and broadcast media, on-line or web-based communications...” The order further enjoined S.S. from using her own name in any public legislative testimony, and all Petitioners from saying anything publicly that would in any manner “tend to identify” the child or the parents. Finally, Petitioners were ordered to remove all public postings with “information about this case.” However, no such “gag order” was imposed on S.B. and his attorney. The question presented is: Is such a “gag order” an unconstitutionally vague and overbroad prior restraint and content-based restriction violating Petitioners’ First Amendment free speech rights?

Docket Entries

2021-10-04
Motion for leave to file amici brief out of time filed by Women's and Children's Advocacy Project, et al. DENIED.
2021-10-04
Petition DENIED.
2021-09-14
Reply of petitioners Ducote, et al. filed. (Distributed)
2021-08-17
Motion for leave to file amici brief out of time filed by Women's and Children's Advocacy Project, et al. (Distributed)
2021-06-30
DISTRIBUTED for Conference of 9/27/2021.
2021-06-17
Motion of Jane Bambauer, et al. for leave to file and brief of amici curiae filed.
2021-06-14
Brief of respondent S.B. in opposition filed.
2021-06-01
Blanket Consent filed by Petitioner, Ducote, et al.
2021-05-19
Petition for a writ of certiorari filed. (Response due June 21, 2021)

Attorneys

Ducote, et al.
Richard Lynn DucoteRichard Ducote, Attorney & Counselor at Law, APLC, Petitioner
Richard Lynn DucoteRichard Ducote, Attorney & Counselor at Law, APLC, Petitioner
Jane Bambauer, Richard W. Garnett, Nadine Strossen, and Eugene Volokh
Stuart BannerUCLA School of Law Supreme Court Clinic, Amicus
Stuart BannerUCLA School of Law Supreme Court Clinic, Amicus
S.B.
Elisabeth PridePride Law LLC, Respondent
Elisabeth PridePride Law LLC, Respondent
Women's and Children's Advocacy Project, et al.
Wendy J. MurphyNew Englland School of Law, Amicus
Wendy J. MurphyNew Englland School of Law, Amicus