No. 21-213

Nathaniel Borrell Dyer v. Atlanta Independent School System

Lower Court: Eleventh Circuit
Docketed: 2021-08-13
Status: Denied
Type: Paid
Tags: due-process first-amendment free-speech limited-public-forum protected-speech public-figures public-forum satirical-flyer satirical-speech viewpoint-discrimination
Key Terms:
ERISA DueProcess FirstAmendment Jurisdiction
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Whether Atlanta Independent School System violated Mr. Dyer's First Amendment right to free-speech by categorically banning him from using protected-speech in a limited-public-forum because of a satirical-flyer depicting public-figures

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW On February 8, 2018, Atlanta Independent School System (AISS) attached a scanned version of Mr. Dyer’s satirical flyer to a suspension letter which banned him from public comment for one year. AISS stated, “Specifically, you ; passed out flyers to audience members that contained the phrase “unnigged coming soon” and that contained a picture : . of Superintendent Carstarphen wearing a photoshopped football jersey with the name “FALCOONS” on it. These ‘ insulting references are completely outside the bounds of civility and, as before, were offensive to the Board, our Superintendent, and our staff and community.” This court has stated “giving offense is a viewpoint.” Matal v. Tam, 582 US _ (2017). We have said time and again that : “the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers.” Street v. New York, 394 U. S. 576, 592 (1969). (‘If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of ; an idea simply because society finds the idea itself offensive or disagreeable”); Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 55-56 (1988). The questions presented are: : 1. Whether Atlanta Independent School System violated ; Mr. Dyer’s First Amendment right to free speech by : categorically banning him from using protected speech : in a limited public forum because of a satirical flyer depicting public figures and elected officials which AISS found to be offensive? : 2. Whether AISS violated Mr. Dyer’s Fourteenth Amendment due process rights by categorically banning him from engaging in public comment at school board meetings while instructing him not to set foot on any AISS property or have any communication with AISS officials and staff, without providing him a way to contest the suspension? a

Docket Entries

2021-11-15
Petition DENIED.
2021-11-09
Reply of petitioner Nathaniel Borrell Dyer filed.
2021-10-27
DISTRIBUTED for Conference of 11/12/2021.
2021-10-13
Brief of respondent Atlanta Independent School System in opposition filed.
2021-09-03
Motion to extend the time to file a response from September 13, 2021 to October 13, 2021, submitted to The Clerk.
2021-09-03
Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.
2021-08-05
Petition for a writ of certiorari filed. (Response due September 13, 2021)

Attorneys

Atlanta Independent School System
Brandon Oliver MoulardNelson Mullins Riley & Scarborough, LLP, Respondent
Brandon Oliver MoulardNelson Mullins Riley & Scarborough, LLP, Respondent
Nathaniel Borrell Dyer
Nathaniel Borrell Dyer — Petitioner
Nathaniel Borrell Dyer — Petitioner