No. 21-839

Thomas H. Oehmke v. Patrick Andrew Guinan

Lower Court: Michigan
Docketed: 2021-12-07
Status: Denied
Type: Paid
Response Waived
Tags: actual-malice civil-rights constitutional-protection defamation first-amendment free-speech malicious-reporting qualified-privilege
Key Terms:
FirstAmendment Privacy
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Qualified Privilege for FBI Crime Tips

Question Presented (OCR Extract)

QUESTIONS PRESENTED First Amendment constitutional protections for free speech, as applied by this Court in New York . : Times Co. us. Sullivan, 376 U.S. 254 (1964) require a federal rule that imposes liability for defamation on a ; : speaker who knowingly and maliciously relates a false . criminal report to law enforcement. The Majority Rule, as applied in 34 jurisdictions : (by 31 State courts and 3 Federal Circuits), grants a qualified privilege to relators of crime reports made in : good faith and without actual malice. Differently here, the Michigan Supreme Court followed the Minority Rule (adhered to in only 4 other States) upholding absolute immunity for a relator who ; knowingly and. maliciously makes a false crime report to the FBI. : The questions presented are: ; Qualified Privilege for FBI Crime Tips : Under the First Amendment, should there be a qualified privilege (instead of absolute immunity) for . relators who post FBI Internet online crime tips? : Liability for Maliciously False Tips Under the standard of qualified privilege, should . there be liability for relators who post FBI Internet crime tips when the “facts” posted are knowingly false ; ; or made with reckless disregard for truth or falsity? ;

Docket Entries

2022-02-22
Petition DENIED.
2022-01-19
DISTRIBUTED for Conference of 2/18/2022.
2021-12-15
Waiver of right of respondent Patrick Andrew Guinan, a/k/a Guinan, Jr. to respond filed.
2021-12-03
Petition for a writ of certiorari filed. (Response due January 6, 2022)

Attorneys

Patrick Andrew Guinan, a/k/a Guinan, Jr.
Jeffrey C. GerishPlunkett Cooney, Respondent
Thomas H. Oehmke
Thomas Harold OehmkeThomas H. Oehmke, Petitioner