No. 20-804

Houston Community College System v. David Buren Wilson

Lower Court: Fifth Circuit
Docketed: 2020-12-14
Status: Judgment Issued
Type: Paid
Amici (8)Relisted (2)
Tags: censure civil-procedure civil-rights constitutional-law due-process first-amendment free-speech legislative-speech local-government member-conduct standing
Key Terms:
FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2021-04-23 (distributed 2 times)
Question Presented (AI Summary)

Does the First Amendment restrict the authority of an elected body to issue a censure resolution in response to a member's speech?

Question Presented (OCR Extract)

QUESTION PRESENTED Does the First Amendment restrict the authority of an elected body to issue a censure resolution in response to a member’s speech?

Docket Entries

2022-04-25
JUDGMENT ISSUED.
2022-03-24
Judgment REVERSED. Gorsuch, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-804_j426.pdf'>opinion</a> for a unanimous Court.
2021-11-02
Argued. For petitioner: Richard A. Morris, Houston, Tex.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: MIchael B. Kimberly, Washington, D. C.
2021-10-28
The record from the U.S.D.C. Southern District of Texas has been electronically filed.
2021-10-18
The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondent.
2021-10-15
Reply of petitioner Houston Community College System filed. (Distributed)
2021-10-12
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
2021-09-24
Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
2021-09-24
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2021-09-21
CIRCULATED
2021-09-17
Brief of respondent David Buren Wilson filed. (Distributed)
2021-09-01
The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
2021-09-01
Record requested from the U.S.C.A. 5th Circuit.
2021-08-16
ARGUMENT SET FOR Tuesday, November 2, 2021.
2021-07-21
Brief amicus curiae of American Jewish Committee filed.
2021-07-21
Brief amici curiae of The State of Texas, et al. filed.
2021-07-21
Brief amicus curiae of Association of Governing Boards of Universities and Colleges filed.
2021-07-21
Brief amicus curiae of United States filed.
2021-07-20
Brief amicus curiae of Foundation for Individual Rights in Education in support of neither party filed.
2021-07-19
Brief amici curiae of Texas Association of School Boards Legal Assistance Fund, et al. filed.
2021-07-14
Joint appendix filed. (Statement of costs filed)
2021-07-14
Brief of petitioner Houston Community College System filed.
2021-06-24
Blanket Consent filed by Respondent, David Buren Wilson
2021-06-24
Blanket Consent filed by Petitioner, Houston Community College System
2021-06-04
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 14, 2021. The time to file respondent's brief on the merits is extended to and including September 17, 2021.
2021-06-01
Motion for an extension of time to file the briefs on the merits filed.
2021-04-26
Petition GRANTED.
2021-04-19
DISTRIBUTED for Conference of 4/23/2021.
2021-03-31
Reply of petitioner Houston Community College System filed. (Distributed)
2021-03-31
DISTRIBUTED for Conference of 4/16/2021.
2021-03-26
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
2021-03-22
Brief of respondent David Buren Wilson in opposition filed.
2021-02-01
Motion to extend the time to file a response is granted and the time is further extended to and including March 22, 2021.
2021-01-29
Motion to extend the time to file a response from February 12, 2021 to March 22, 2021, submitted to The Clerk.
2021-01-13
Brief amicus curiae of Texas Association of School Boards Legal Assistance Fund filed.
2020-12-31
Motion to extend the time to file a response is granted and the time is extended to and including February 12, 2021.
2020-12-30
Motion to extend the time to file a response from January 13, 2021 to February 12, 2021, submitted to The Clerk.
2020-12-11
Petition for a writ of certiorari filed. (Response due January 13, 2021)

Attorneys

American Civil Liberties Union, Institute for Free Speech, and The Rutherford Institute
Emerson James SykesAmerican Civil Liberties Union, Amicus
American Jewish Committee
Gregory E. OstfeldGreenbert Traurig, LLP, Amicus
Association of Governing Boards of Universities and Colleges
Jessica Lynn EllsworthHogan Lovells US, LLP, Amicus
David Buren Wilson
Michael B. KimberlyMCDERMOTT WILL & EMERY, Respondent
Foundation for Individual Rights in Education
Eugene VolokhUCLA School of Law, Amicus
Houston Community College System
Richard A. MorrisRogers, Morris & Grover, L.L.P., Petitioner
Texas Association of School Boards Legal Assistance Fund, et al.
Meredith Prykryl WalkerWalsh Gallegos Trevino Russo & Kyle P.C., Amicus
The State of Texas, The District of Columbia and Fifteen Additional States
Judd Edward Stone IITexas Attorney General's Office, Amicus
United States
Edwin Smiley KneedlerU.S. Department of Justice, Amicus