No. 23-282

Cynthia Stepien, on Behalf of Herself and Her Minor Child, et al. v. Phil Murphy, Governor of New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2023-09-22
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-rights due-process first-amendment free-speech pandemic-masking school-restrictions schoolchildren speech-protection state-intrusion
Key Terms:
FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2023-11-17
Question Presented (AI Summary)

Whether the First Amendment protects schoolchildren from forced masking that eliminates communication, speech, and association

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Court of Appeals erred in refusing to hear the merits of a First Amendment challenge to the forced masking of schoolchildren where the evidence demonstrated the absence of virtually all communication, speech and association among schoolchildren during the period of forced masking. 2. Whether the Court’s holdings following Tinker recognize a First Amendment right to protection from state intrusion into ordinary or common speech that is non-political and whether schoolchildren are protected from the absolute loss of such rights by the effect of forced masking and isolation.

Docket Entries

2023-11-20
Petition DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-24
Waiver of right of respondent Governor of New Jersey, et al. to respond filed.
2023-09-05
Petition for a writ of certiorari filed. (Response due October 23, 2023)
2023-07-24
Application (22A1121) granted by Justice Alito extending the time to file until September 3, 2023.
2023-07-20
Application (22A1121) to extend further the time from August 4, 2023 to September 3, 2023, submitted to Justice Alito.
2023-06-28
Application (22A1121) granted by Justice Alito extending the time to file until August 4, 2023.
2023-06-24
Application (22A1121) to extend the time to file a petition for a writ of certiorari from July 5, 2023 to September 3, 2023, submitted to Justice Alito.

Attorneys

Cynthia Stepien, et al.
Bruce Ira AfranAttorney at Law, Petitioner
Bruce Ira AfranAttorney at Law, Petitioner
Governor of New Jersey, et al.
Daniel M. VannellaOffice of the New Jersey Attorney General, Respondent
Daniel M. VannellaOffice of the New Jersey Attorney General, Respondent