No. 21-1156

Rodric David v. Tony Kazal, et al.

Lower Court: Ninth Circuit
Docketed: 2022-02-22
Status: Denied
Type: Paid
Response Waived
Tags: anti-stalking-law civil-rights constitutional-law due-process extraterritorial-application first-amendment foreign-nationals free-speech ninth-circuit standing territorial-jurisdiction
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2022-04-14
Question Presented (AI Summary)

Did the Ninth Circuit impermissibly disregard this Court's holding in Agency for Int' Dev. v. All. for Open Soc'y Int'l, Inc.

Question Presented (OCR Extract)

QUESTION PRESENTED Did the Ninth Circuit impermissibly disregard this Court’s holding in Agency for Int? Dev. v. All. for Open Soc’y Int'l, Inc., 140 S. Ct. 2082, 2086 (2020) (“Open Society”) (First, it is long settled as a matter of American constitutional law that foreign citizens outside U. S. territory do not possess rights under the U. S. Constitution.”), when it held that two foreign nationals with no connections to the United States, located and acting overseas, had a First Amendment right to direct harassing speech into the United States at unwilling recipients, rendering them immune from liability under California’s anti-stalking law?

Docket Entries

2022-04-18
Petition DENIED.
2022-03-29
DISTRIBUTED for Conference of 4/14/2022.
2022-03-23
Waiver of right of respondent Tony Kazal, et al. to respond filed.
2022-02-17
Petition for a writ of certiorari filed. (Response due March 24, 2022)

Attorneys

Rodric David
Caleb Edward MasonWerksman Jackson and Quinn LLP, Petitioner
Tony Kazal, et al.
Hyland HuntDeutsch Hunt PLLC, Respondent