No. 21-1229

Saved Magazine, et al. v. Spokane Police Department, et al.

Lower Court: Ninth Circuit
Docketed: 2022-03-10
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-rights content-based-censorship content-based-restrictions due-process dueling-protests first-amendment free-speech freedom-of-speech press-freedom public-forum qualified-immunity
Latest Conference: 2022-05-12
Question Presented (from Petition)

Police kept opposing protestors on separate sides of a street at an event called "Drag Queen Story Hour" held at a public library. A journalist for a periodical covering and seeking to interview protestors and counter-protestors had an oral exchange with one of the participants. Hearing the conversation, a police officer interrupted and stated to the journalist:

You are not exercising your press rights. If you want to report the story you can . . . [I]t is not your job to answer his questions . . . [Y]ou are engaging on political topics . . . [Y]ou need to act like the press and not try to take a political view . . . you can't . . . preach the Bible to people. I heard you say something about the Bible.

1. Are the expressive rights of freedom of speech and press in the context of dueling protests so well established and particularized that the shield of qualified immunity is pierced by a police officer's content-based censorship?

Question Presented (AI Summary)

Are the expressive rights of freedom of speech and press in the context of dueling protests so well established and particularized that the shield of qualified immunity is pierced by a police officer's content-based censorship?

Docket Entries

2022-05-16
Petition DENIED.
2022-04-20
DISTRIBUTED for Conference of 5/12/2022.
2022-03-21
Waiver of right of respondent Spokane Police Department to respond filed.
2022-03-08
Petition for a writ of certiorari filed. (Response due April 11, 2022)

Attorneys

Saved Magazine, et al.
Kevin T. SniderPacific Justice Institute, Petitioner
Spokane Police Department
Alanna E. PetersonPacifica Law Group, Respondent