No. 22-324
Michelle O’Connor-Ratcliff, et al. v. Christopher Garnier, et ux.
Tags: blocking-access circuit-split civil-rights first-amendment free-speech public-official social-media standing state-action
Key Terms:
SocialSecurity FirstAmendment
SocialSecurity FirstAmendment
Latest Conference:
2023-04-21
(distributed 3 times)
Question Presented (AI Summary)
Whether a public official engages in state action subject to the First Amendment by blocking an individual from the official's personal social-media account
Question Presented (OCR Extract)
QUESTION PRESENTED Whether a public official engages in state action subject to the First Amendment by blocking an individual from the official’s personal social-media account, when the official uses the account to feature their job and communicate about job-related matters with the public, but does not do so pursuant to any governmental authority or duty.
Docket Entries
2024-04-16
Judgment Issued.
2024-03-15
Judgment VACATED and case REMANDED for further proceedings consistent with the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-611_ap6c.pdf'>opinion</a> in Lindke v. Freed, 601 U. S. ____ (2024). <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-324_09m1.pdf'>Opinion</a> per curiam.
2023-10-31
Argued. For petitioners: Hashim M. Mooppan, Washington, D. C.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Pamela S. Karlan, Stanford, Cal.
2023-10-02
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2023-09-29
Record from the United States District Court for the Southern District of California received electronically and available with the Clerk. Sealed material available with the Clerk.
2023-09-29
Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and available on PACER.
2023-09-07
Reply of petitioners Michelle O’Connor-Ratcliff, et al. filed. (Distributed)
2023-09-06
CIRCULATED.
2023-09-06
Record requested from the United States Court of Appeals for the Ninth Circuit.
2023-09-06
SET FOR ARGUMENT on Tuesday, October 31, 2023.
2023-08-15
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2023-08-15
Brief amicus curiae of Manhattan Institute filed.
2023-08-15
Brief amicus curiae of American Atheists, Inc. filed.
2023-08-15
Brief amicus curiae of Foundation for Individual Rights and Expression filed.
2023-08-15
Brief amici curiae of The American Civil Liberties Union Foundation, et al. filed.
2023-08-15
Brief amicus curiae of Protect The First Foundation filed.
2023-08-15
Brief amici curiae of First Amendment Clinics, Citizens and Journalists filed.
2023-08-08
Brief of respondents Christopher Garnier and Kimberly Garnier filed.
2023-06-30
Brief amicus curiae of The State of Texas filed.
2023-06-30
Brief amici curiae of Local Government Legal Center, et al. supporting neither party filed.
2023-06-30
Brief amici curiae of NetChoice, et al. supporting neither party filed.
2023-06-30
Brief amicus curiae of California School Boards Association filed.
2023-06-30
Brief amici curiae of The State of Tennessee, et al. filed.
2023-06-30
Brief amicus curiae of United States filed.
2023-06-23
Joint appendix filed. (Statement of costs filed)
2023-06-23
Brief of petitioners Michelle O’Connor-Ratcliff and T.J. Zane filed.
2023-05-05
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 23, 2023. The time to file respondents' brief on the merits is extended to and including August 8, 2023.
2023-05-01
Motion for an extension of time filed.
2023-04-24
Petition GRANTED.
2023-04-17
DISTRIBUTED for Conference of 4/21/2023.
2023-03-22
DISTRIBUTED for Conference of 4/14/2023.
2023-03-14
Supplemental brief of petitioners Michelle O’Connor-Ratcliff and T.J. Zane filed.
2023-01-04
Rescheduled.
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-12-20
Reply of petitioners Michelle O’Connor-Ratcliff, et al. filed. (To be recovered - corrected version received and distributed December 27, 2022) (Distributed)
2022-12-16
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2022-12-13
Brief of respondents Christopher Garnier, et ux. in opposition filed.
2022-12-01
Motion to extend the time to file a response is granted and the time is further extended to and including December 13, 2022.
2022-11-29
Motion to extend the time to file a response from December 7, 2022 to December 13, 2022, submitted to The Clerk.
2022-11-03
Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2022.
2022-11-02
Motion to extend the time to file a response from November 7, 2022 to December 7, 2022, submitted to The Clerk.
2022-10-04
Petition for a writ of certiorari filed. (Response due November 7, 2022)
Attorneys
American Atheists, Inc.
California School Boards Association
Peter K. Fagen — Fagen Friedman & Fulfrost, LLP, Amicus
Peter K. Fagen — Fagen Friedman & Fulfrost, LLP, Amicus
Christopher Garnier and Kimberly Garnier
Cory Jay Briggs — Briggs Law Corporation, Respondent
Cory Jay Briggs — Briggs Law Corporation, Respondent
Pamela Susan Karlan — Respondent
Pamela Susan Karlan — Respondent
Electronic Frontier Foundation
First Amendment Clinics, Citizens and Journalists
Foundation for Individual Rights and Expression
Local Government Legal Center, National Association of Counties, National League of Cities, and the International Municipal Lawyers Association
Caroline Payseur Mackie — Poyner Spruill LLP, Amicus
Caroline Payseur Mackie — Poyner Spruill LLP, Amicus
Manhattan Institute
John J. Bursch — Alliance Defending Freedom, Amicus
John J. Bursch — Alliance Defending Freedom, Amicus
Michelle O’Connor-Ratcliff and T.J. Zane
Hashim M. Mooppan — Jones Day, Petitioner
Hashim M. Mooppan — Jones Day, Petitioner
NetChoice, the Cato Institute, Chamber of Progress and the Computer and Communications Industry Association
Protect The First Foundation
Gene Clayton Schaerr — Schaerr | Jaffe, Amicus
Gene Clayton Schaerr — Schaerr | Jaffe, Amicus
THE AMERICAN CIVIL LIBERTIES UNION FOUNDATION, THE AMERICAN CIVIL LIBERTIES UNION OF SOUTHERN CALIFORNIA, AND THE AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA
The State of Tennessee, et al.
The State of Texas
United States
Elizabeth B. Prelogar — Solicitor General, Amicus
Elizabeth B. Prelogar — Solicitor General, Amicus