No. 22-939

Robert Frese v. John M. Formella, Attorney General of New Hampshire

Lower Court: First Circuit
Docketed: 2023-03-28
Status: Denied
Type: Paid
Amici (3) Experienced Counsel
Tags: civil-procedure civil-rights criminal-prosecution defamation due-process first-amendment free-speech public-official standing vagueness vagueness-doctrine
Key Terms:
AdministrativeLaw FirstAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Whether the First Amendment tolerates
criminal prosecution for alleged defamation of a public
official.

2. Whether New Hampshire's common law of
civil defamation is too vague to define a criminal
restriction on speech, particularly where the state
authorizes police departments to initiate prosecutions
without the participation of a licensed attorney.

Question Presented (AI Summary)

Whether the First Amendment tolerates criminal prosecution for alleged defamation of a public official

Docket Entries

2023-10-02
Petition DENIED.
2023-06-28
DISTRIBUTED for Conference of 9/26/2023.
2023-06-27
2023-06-08
Brief of respondent John M. Formella, Attorney General of New Hampshire in opposition filed.
2023-04-27
Brief amicus curiae of Foundation for Individual Rights and Expression filed.
2023-04-27
2023-04-27
Brief amici curiae of University of Virginia School of Law First Amendment Clinic, et al. filed.
2023-04-19
Motion to extend the time to file a response is granted and the time is extended to and including June 12, 2023.
2023-04-17
Motion to extend the time to file a response from April 27, 2023 to June 12, 2023, submitted to The Clerk.
2023-03-23
Petition for a writ of certiorari filed. (Response due April 27, 2023)
2023-01-24
Application (22A663) granted by Justice Jackson extending the time to file until March 23, 2023.
2023-01-19
Application (22A663) to extend the time to file a petition for a writ of certiorari from February 6, 2023 to March 23, 2023, submitted to Justice Jackson.

Attorneys

Foundation for Individual Rights And Expression
Joshua Tyler MorrisFoundation for Individual Rights and Expression, Amicus
Institute for Free Speech
Daniel Roy Ortiz — Amicus
John Formella
Anthony Jordan GaldieriNew Hampshire Department of Justice, Respondent
Robert Frese
Brian M. HaussAmerican Civil Liberties Union Foundation, Petitioner
University of Virginia School of Law First Amendment Clinic & Floyd Abrams Institute for Freedom of Expression Media Freedom and Information Access Clinic
Lin Frederick WeeksUVA Law First Amendment Clinic, Amicus