No. 23A243

Vivek H. Murthy, Surgeon General, et al. v. Missouri, et al.

Lower Court: Fifth Circuit
Docketed: 2023-09-14
Status: Presumed Complete
Type: A
Amici (5) Experienced Counsel
Tags: content-moderation first-amendment free-speech government-speech injunction social-media
Key Terms:
AdministrativeLaw ERISA FirstAmendment HealthPrivacy Privacy JusticiabilityDoctri ClassAction
Latest Conference: N/A
Question Presented (AI Summary)

Whether the First Amendment prohibits the federal government from communicating with social media platforms regarding the removal or suppression of user-generated content, or whether such communications constitute protected government speech and permissible persuasion under the First Amendment

Question Presented (OCR Extract)

No question identified. :

Docket Entries

2023-10-20
Application (23A243) for stay presented to Justice Alito and by him referred to the Court is granted. The preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22–cv–01213, as modified by the United States Court of Appeals for the Fifth Circuit on October 3, 2023, case No. 23–30445, is stayed. The application for stay is also treated as a petition for a writ of certiorari, and the petition is granted on the questions presented in the application (case No. 23-411). The stay shall terminate upon the sending down of the judgment of this Court. Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting from grant of application for stay. (Detached <a href = 'https://www.supremecourt.gov/opinions/23pdf/23a243_7l48.pdf'>Opinion</a>)
2023-10-20
Application (23A243) referred to the Court.
2023-10-17
Brief amicus curiae of Michael Eugene Reznick filed.
2023-10-13
Order issued by Justice Alito: Upon consideration of the application of counsel for the applicant, the response, and the reply filed thereto, it is ordered that the preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22-cv-01213, is hereby administratively stayed until 5 p.m. (EDT) on Friday, October 20, 2023.
2023-10-10
Response to Applicants' Third Supplemental Memorandum Regarding Application for a Stay of Injunction filed.
2023-10-05
Third Supplemental Memorandum Regarding Emergency Application for a Stay filed.
2023-10-03
Supplemental Letter from Missouri, et al. filed.
2023-09-26
Second Supplemental Memorandum Regarding Emergency Application For A Stay filed.
2023-09-26
Letter to the Clerk filed by Missouri, et al.
2023-09-26
Supplemental Memorandum Regarding Emergency Application For A Stay filed.
2023-09-25
Supplemental Letter from Missouri, et al. filed.
2023-09-22
Order issued by Justice Alito: Upon further consideration of the application of counsel for the applicants, the response, and the reply filed thereto, it is ordered that the stay issued on September 14, 2023, is hereby extended until 11:59 p.m. (EDT) on Wednesday, September 27, 2023.
2023-09-21
Reply of applicant Vivek H. Murthy, et al. filed.
2023-09-20
Brief amicus curiae of Angela Reading filed.
2023-09-20
Brief amicus curiae of Kennedy Plaintiffs filed.
2023-09-20
Brief amicus curiae of Michael Benz filed.
2023-09-20
Response to application from respondent Missouri, et al. filed.
2023-09-19
2023-09-14
Application (23A243) for a stay, submitted to Justice Alito.
2023-09-14
Order issued by Justice Alito: UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22-cv-01213, is hereby administratively stayed until 11:59 p.m. (EDT) on Friday, September 22, 2023. It is further ordered that any response to the application be filed on or before Wednesday, September 20, 2023, by 4 p.m. (EDT).

Attorneys

Angela Reading
Thomas L. Brejcha Jr.Thomas More Society, Amicus
Brennan Tyler BrooksThomas More Society, Amicus
Jayanta Bhattacharya, Martin Kulldorff, Aaron Kheriaty, Jill Hines
Jenin YounesNew Civil Liberties Alliance, Respondent
Kennedy Plaintiffs
Mary HollandChildren's Health Defense, Amicus
Michael Benz
D. Adam CandeubAttorney at Law, Amicus
Michael Eugene Reznick
Michael E. ReznickLaw Offices of Michael E. Reznick, P.C., Amicus
Missouri, et al.
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Joshua Michael DivineOffice of the Missouri Attorney General, Respondent
State of Ohio
Michael Jason HendershotOhio Attorney General's Office, Amicus
Vivek H. Murthy, et al.
Elizabeth B. PrelogarSolicitor General, Petitioner