No. 21-394

D. F. Pace v. Emily Baker-White, et al.

Lower Court: Third Circuit
Docketed: 2021-09-13
Status: Denied
Type: Paid
Response Waived
Tags: actual-malice civil-rights defamation due-process first-amendment free-speech internet-speech new-york-times-sullivan standing technological-advances
Latest Conference: 2021-10-29
Question Presented (from Petition)

1. Whether the Court should revisit the "actual malice" doctrine of New York Times Co. v. Sullivan and its progeny in light of the advent of technological advances creating internet speech never imagined by our Founders or the Court and whether the same level of "breathing space" deemed necessary in 1964 continues to be necessary for Twenty-First Century speech.

2. Whether the District Court reversibly erred by ruling Petitioner failed to state any facially plausible claims under the law of Pennsylvania, and dismissing the same with prejudice, on the basis that the Plain View Project communications were inactionable opinions, as a matter of law, as the controlling law rather compels the conclusion that the requisite elements of Petitioner's well-pleaded claims, including as to actual malice, were and are amply stated and established to preclude such dismissal, and the Complaint must, therefore, be reinstated.

Question Presented (AI Summary)

Whether the Court should revisit the 'actual malice' doctrine of New York Times Co. v. Sullivan

Docket Entries

2021-11-01
Petition DENIED.
2021-10-06
DISTRIBUTED for Conference of 10/29/2021.
2021-10-04
Waiver of right of respondent Emily Baker-White, et al. to respond filed.
2021-09-09
Petition for a writ of certiorari filed. (Response due October 13, 2021)

Attorneys

D.F. Pace, Esquire
James Edwin Beasley Jr.The Beasley Firm, LLC, Petitioner
Emily Baker-White, et al.
Michael K. TwerskyFox Rothschild LLP, Respondent