No. 23-156

Speech First, Inc. v. Timothy Sands, Individually and in His Official Capacity as President of Virginia Polytechnic Institute and State University

Lower Court: Fourth Circuit
Docketed: 2023-08-17
Status: Judgment Issued
Type: Paid
Amici (10)Relisted (9) Experienced Counsel
Tags: bias-response-team bias-response-teams chilling-effect circuit-split first-amendment free-speech protected-speech student-rights university-administration
Key Terms:
FirstAmendment Privacy JusticiabilityDoctri
Latest Conference: 2024-03-01 (distributed 9 times)
Question Presented (from Petition)

Whether bias-response teams objectively chill students' speech.

Question Presented (AI Summary)

Do bias-response teams objectively chill students' free speech?

Docket Entries

2024-04-05
Judgment Issued.
2024-03-04
Petition GRANTED. The judgment with respect to the Bias Policy claims is VACATED, and the case is remanded to the United States Court of Appeals for the Fourth Circuit with instructions to dismiss those claims as moot. See <i>United States</i> v. <i>Munsingwear, Inc.</i>, 340 U. S. 36 (1950). Justice Jackson, dissenting: I would deny the petition. In my view, the party seeking vacatur has not established equitable entitlement to that remedy. See <i>Acheson Hotels, LLC</i> v. <i>Laufer</i>, 601 U. S. ___ (2023) (Jackson, J., concurring in the judgment). Justice Thomas, with whom Justice Alito joins, dissenting. (<a href = 'https://www.supremecourt.gov/opinions/23pdf/23-156_6j36.pdf'>Detached Opinion</a>).
2024-02-26
DISTRIBUTED for Conference of 3/1/2024.
2024-02-20
DISTRIBUTED for Conference of 2/23/2024.
2024-02-09
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
DISTRIBUTED for Conference of 1/19/2024.
2024-01-08
DISTRIBUTED for Conference of 1/12/2024.
2024-01-02
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-12-01
Rescheduled.
2023-11-27
DISTRIBUTED for Conference of 12/1/2023.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-26
2023-10-18
Lodging proposal letter under Rule 32.3 of respondent filed.
2023-10-18
Brief of respondent Timothy Sands, in his individual capacity and official capacity as President of Virginia Polytechnic Institute, et al. in response filed.
2023-09-18
2023-09-18
2023-09-18
Brief amici curiae of Americans for Prosperity Foundation, et al. filed.
2023-09-18
2023-09-18
Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed.
2023-09-18
2023-09-18
Brief amicus curiae of Foundation for Individual Rights and Expression filed.
2023-09-15
2023-09-15
2023-09-14
2023-08-31
Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2023.
2023-08-30
Motion to extend the time to file a response from September 18, 2023 to October 18, 2023, submitted to The Clerk.
2023-08-14
Petition for a writ of certiorari filed. (Response due September 18, 2023)

Attorneys

Alliance Defending Freedom; The Manhattan Institute
Gordon Dwyer ToddSidley Austin,LLP, Amicus
Alumni Free Speech Alliance, et al.
Gary Michael LawkowskiDhillon Law Group, Amicus
Americans for Prosperity Foundation and Defense of Freedom Institute for Policy Studies
Cynthia Fleming CrawfordAmericans for Prosperity Foundation, Amicus
Foundation for Individual Rights and Expression
Abigail Eden SmithFoundation for Individual Rights and Expression, Amicus
Foundation for Moral Law
John Allen EidsmoeFoundation for Moral Law, Amicus
Liberty Justice Center
Jacob H. HuebertLiberty Justice Center, Amicus
Parents Defending Education
Christopher E. MillsSpero Law LLC, Amicus
Southeastern Legal Foundation
Celia Howard O'LearySoutheastern Legal Foundation, Amicus
Speech First, Inc.
John Michael ConnollyConsovoy McCarthy PLLC, Petitioner
The Buckeye Institute
Jay Randall CarsonThe Buckeye Institute, Amicus
Timothy Sands, in his individual capacity and official capacity as President of Virginia Polytechnic Institute and State University
William Henry HurdEckert Seamans Cherin & Mellott, LLC, Respondent
Wisconsin Institute for Law & Liberty, Inc.
Richard Michael EsenbergWisconsin Institute for Law & Liberty, Amicus