No. 21-1113

Brock Fredin v. Lindsey E. Middlecamp, et al.

Lower Court: Eighth Circuit
Docketed: 2022-02-11
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights district-court first-amendment free-speech inherent-judicial-powers inherent-powers injunctive-relief prior-restraint public-officials
Latest Conference: 2022-03-25
Question Presented (from Petition)

On November 10, 2021, the Eighth Circuit ignored two-hundred and fifty years of First Amendment precedent and issued a breathtakingly unconstitutional 10-1 en banc order restricting Petitioner's free speech and his right to petition while threatening "detainment" if Petitioner refuses to comply.

Even more astonishing, the Eighth Circuit did not stop at merely directing Petitioner to remove existing content. Instead, the Eighth Circuit issued an en banc order affirming a wide-sweeping prior restraint on Petitioner's free speech by prohibiting him from publishing any content about the district court, the district court's staff, Respondents, Respondents' counsel and any future counsel retained by Respondents for five (5) years. No Court - either state or federal — has even come close to being so brazen or flippant towards the First Amendment and its protections.

As shown below, the Eighth Circuit's November 10, 2021 en banc order, which affirms the district court's November 23, 2020 order directing Petitioner from prospectively publishing content is facially unconstitutional and a blatant abuse of discretion. As such, the district court's November 23, 2020 order is void and must immediately be reversed pursuant to 28 U.S.C. § 1292(a)(1) and (a)(3).

The Question Presented Is:

1. Did the District Court have the authority under its inherent powers to issue a wide-sweeping injunction to restrict speech for a period of five (5) years?

Question Presented (AI Summary)

Did the District Court have the authority under its inherent powers to issue a wide-sweeping injunction to restrict speech for a period of five (5) years?

Docket Entries

2022-03-28
Petition DENIED.
2022-03-09
DISTRIBUTED for Conference of 3/25/2022.
2022-02-28
Waiver of right of respondents Lindsey Middelcamp, Catherine Schaefer, Grace Miller to respond filed.
2022-02-24
Waiver of right of respondent Jamie Kreil to respond filed.
2022-02-08
Petition for a writ of certiorari filed. (Response due March 14, 2022)

Attorneys

Brock Fredin
Brock Fredin — Petitioner
Jamie Kreil
J. Haynes HansenRobins Kaplan LLP, Respondent
Lindsey Middelcamp, Catherine Schaefer, Grace Miller
K. Jon BreyerKutak Rock, Respondent