No. 22-611
Kevin Lindke v. James R. Freed
Tags: civil-rights constitutional-scrutiny first-amendment free-speech government-duty government-official public-forum public-official social-media state-action
Latest Conference:
2023-04-21
(distributed 2 times)
Question Presented (from Petition)
Whether a public official's social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office.
Question Presented (AI Summary)
Whether a public official's social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office
Docket Entries
2024-04-16
Judgment Issued.
2024-03-15
Judgment VACATED and case REMANDED. Barrett, J., delivered the opinion for a unanimous Court.
2023-10-31
Argued. For petitioner: Allon Kedem, Washington, D. C. For respondent: Victoria R. Ferres, Port Huron, Mich.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
2023-10-02
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2023-09-07
Reply of petitioner Kevin Lindke filed. (Distributed)
2023-09-07
Record received electronically from the United States Court of Appeals for the Sixth Circuit. The remainder of the record is available on PACER.
2023-09-06
SET FOR ARGUMENT on Tuesday, October 31, 2023.
2023-09-06
Record requested from the United States Court of Appeals for the Sixth Circuit.
2023-09-06
CIRCULATED.
2023-08-15
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2023-08-15
Brief amicus curiae of Texas filed.
2023-08-15
Brief amicus curiae of United States filed.
2023-08-09
Brief amici curiae of Tennessee, et al. filed.
2023-08-08
Brief of respondent James R. Freed filed.
2023-06-30
Brief amicus curiae of American Atheists, Inc. filed.
2023-06-30
Brief amici curiae of Electronic Frontier Foundation, et al. filed. (Reprinted and resubmitted on 7/13/23).
2023-06-30
Brief amici curiae of Local Government Legal Center, et al. supporting neither party.
2023-06-30
Brief amicus curiae of Foundation for Individual Rights and Expression filed.
2023-06-30
Brief amici curiae of NetChoice, et al. filed.
2023-06-30
Brief amici curiae of The American Civil Liberties Union and the ACLU of Michigan filed.
2023-06-30
Brief amici curiae of Amicus First Amendment Clinics, Citizens and Journalists filed.
2023-06-23
Joint appendix filed. (Statement of costs filed)
2023-06-23
Brief of petitioner Kevin Lindke filed.
2023-05-08
Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 23, 2023. The time to file respondent's brief on the merits is extended to and including August 8, 2023.
2023-05-01
Motion for an extension of time to file the briefs on the merits filed.
2023-04-24
Petition GRANTED.
2023-04-17
DISTRIBUTED for Conference of 4/21/2023.
2023-03-22
DISTRIBUTED for Conference of 4/14/2023.
2023-03-20
Reply of petitioner Kevin Lindke filed. (Distributed)
2023-03-03
Brief of respondent James R. Freed in opposition filed.
2023-01-19
Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2023.
2023-01-18
Motion to extend the time to file a response from February 3, 2023 to March 3, 2023, submitted to The Clerk.
2022-12-29
Petition for a writ of certiorari filed. (Response due February 3, 2023)
2022-10-07
Application (22A291) granted by Justice Kavanaugh extending the time to file until January 2, 2023.
2022-10-04
Application (22A291) to extend the time to file a petition for a writ of certiorari from November 3, 2022 to January 2, 2023, submitted to Justice Kavanaugh.
Attorneys
American Atheists, Inc.
Amicus First Amendment Clinics, Citizens and Journalists
Electronic Frontier Foundation, Knight First Amendment Institute at Columbia University and Woodhull Freedom Foundation
Foundation for Individual Rights and Expression
James R. Freed
Victoria Read Ferres — Fletcher, Fealko, Shoudy & Francis, P.C., Respondent
Kevin Lindke
Allon Kedem — Arnold & Porter Kaye Scholer LLP, Petitioner
Local Government Legal Center, National Association of Counties, National League of Cities, and the International Municipal Lawyers Association
Caroline Payseur Mackie — Poyner Spruill LLP, Amicus
NetChoice, the Cato Institute, Chamber of Progress and the Computer and Communications Industry Association
THE AMERICAN CIVIL LIBERTIES UNION AND THE AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN
The NRSC
Jeremy Joseph Broggi — Wiley Rein LLP, Amicus
The State of Tennessee, et al.
The State of Texas
United States
Elizabeth B. Prelogar — Solicitor General, Amicus