No. 21-974

Sylvia Borunda Firth, et al. v. Tony K. McDonald, et al.

Lower Court: Fifth Circuit
Docketed: 2022-01-06
Status: Denied
Type: Paid
Tags: administrative-agency civil-rights first-amendment free-speech free-speech-clause government-speech judicial-department keller-v-state-bar overrule-precedent state-bar
Latest Conference: 2022-04-01
Related Cases: 21-800 (Vide)
Question Presented (from Petition)

1. Whether the State Bar of Texas, which is "a public corporation and an administrative agency of the judicial department of [the Texas] government," Tex. Gov't Code Ann. § 81.011(a), qualifies as a government agency for purposes of the government speech doctrine, such that the State Bar of Texas's speech is "not subject to scrutiny under the [First Amendment's] Free Speech Clause," Pleasant Grove City v. Summum, 555 U.S. 460, 464 (2009).

2. To the extent that this Court's case law—including Keller v. State Bar of California, 496 U.S. 1 (1990)—precludes applying the government speech doctrine to the State Bar of Texas's speech, whether that precedent should be overruled.

Question Presented (AI Summary)

Whether the State Bar of Texas qualifies as a government agency for purposes of the government speech doctrine

Docket Entries

2022-04-04
Petition DENIED.
2022-03-16
DISTRIBUTED for Conference of 4/1/2022.
2022-03-14
Reply of petitioners Sylvia Firth, et al. filed. (Distributed)
2022-02-28
Brief of respondents Tony McDonald, et al. in opposition filed.
2022-01-27
Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022.
2022-01-26
Motion to extend the time to file a response from February 7, 2022 to February 28, 2022, submitted to The Clerk.
2021-12-30
Petition for a writ of certiorari filed. (Response due February 7, 2022)

Attorneys

Sylvia Firth, et al.
Thomas S. LeatherburyVinson & Elkins LLP, Petitioner
Tony McDonald, et al.
Jeffrey Matthew HarrisConsovoy McCarthy PLLC, Respondent