No. 23-389

Colleen Reilly, et al. v. City of Harrisburg, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2023-10-12
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: content-based content-neutrality first-amendment free-speech monell monell-liability rule-30b6-testimony speech-restriction standing viewpoint-based viewpoint-discrimination
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2024-02-16 (distributed 2 times)
Question Presented (AI Summary)

whether-the-test-for-content-neutrality-should-be-overruled

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the test for content neutrality set forth in Hill v. Colorado, 530 U.S. 703 (2000), should be overruled in light of this Court’s holding in Reed v. Town of Gilbert, 576 U.S. 155 (2015), and McCullen v. Coakley, 573 U.S. 464 (2014), that laws restricting speech on the basis of its function or purpose are facially content-based. 2. Whether a local government can escape First Amendment liability under Monell even though its single enforcement of a speech-restrictive ordinance chills the petitioner from further speaking, and the government’s designated Rule 30(b)(6) witnesses and its counsel repeatedly confirm through binding admissions that the ordinance operates as a content and viewpoint-based restriction. 3. Whether a federal court may disregard the unrebutted testimony of a government’s Rule 30(b)(6) witnesses, corroborated by written and oral admissions of counsel, that its ordinance restricts speech based on content and viewpoint, and notwithstanding this evidence provide a limiting construction that the ordinance does not restrict speech based on content or viewpoint. i

Docket Entries

2024-02-20
Petition DENIED.
2024-01-31
DISTRIBUTED for Conference of 2/16/2024.
2024-01-30
2024-01-16
Brief of respondents City of Harrisburg, Pennsylvania, et al. in opposition filed.
2023-12-06
Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2024. See Rule 30.1.
2023-12-05
Motion to extend the time to file a response from December 14, 2023 to January 15, 2024, submitted to The Clerk.
2023-11-14
Response Requested. (Due December 14, 2023)
2023-11-08
DISTRIBUTED for Conference of 12/1/2023.
2023-11-06
Waiver of right of respondent City of Harrisburg, et al. to respond filed.
2023-10-10
Petition for a writ of certiorari filed. (Response due November 13, 2023)

Attorneys

City of Harrisburg, et al.
Maureen Murphy McBrideLamb McErlane PC, Respondent
Maureen Murphy McBrideLamb McErlane PC, Respondent
Colleen Reilly, et al.
Mathew D. Staver — Petitioner
Mathew D. Staver — Petitioner