No. 23-423

Susan Porter v. Kelly Martinez, in Her Official Capacity as Sheriff of San Diego County, et al.

Lower Court: Ninth Circuit
Docketed: 2023-10-23
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: categorical-ban content-neutral expressive-conduct first-amendment free-speech government-restriction less-restrictive-alternatives traffic-safety
Latest Conference: 2024-02-23 (distributed 2 times)
Question Presented (from Petition)

1. Whether the government may categorically ban expressive conduct, such as expressive honking of car horns, in the name of traffic safety without presenting any evidence that its ban furthers that interest.

2. Whether the government may categorically ban expressive conduct, such as expressive honking of car horns, where the government had not tried—or at least seriously considered—using less restrictive measures to address its traffic safety concerns.

Question Presented (AI Summary)

Whether the government may categorically ban expressive conduct, such as expressive honking of car horns, in the name of traffic safety without presenting any evidence that its ban furthers that interest

Docket Entries

2024-02-26
Petition DENIED.
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2024-02-06
2024-01-22
2024-01-19
Brief of respondent Kelly Martinez, in Her Official Capacity as Sheriff of San Diego County, in opposition filed.
2023-12-06
Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2024, for all respondents.
2023-12-04
Motion of respondent Sean Duryee to extend the time to file a response from December 21, 2023 to January 22, 2024, submitted to The Clerk.
2023-11-21
Response Requested. (Due December 21, 2023)
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-11-01
Waiver of right of respondent Kelly Martinez to respond filed.
2023-10-27
Waiver of right of respondent Sean Duryee to respond filed.
2023-10-19
Petition for a writ of certiorari filed. (Response due November 22, 2023)
2023-08-02
Application (23A91) granted by Justice Kagan extending the time to file until October 19, 2023.
2023-07-27
Application (23A91) to extend the time to file a petition for a writ of certiorari from August 20, 2023 to October 19, 2023, submitted to Justice Kagan.

Attorneys

Erwin Chemerinsky
David A. O'NeilDebevoise & Plimpton LLP, Amicus
Kelly Martinez
Jeffrey Patrick MichalowskiQuarles & Brady LLP, Respondent
Sean Duryee
Samuel Thomas HarbourtCalifornia Department of Justice, Respondent
Sharon L. O'GradyCalifornia Department of Justice, Respondent
Susan Porter
Thomas R. BurkeDavis Wright Tremaine LLP, Petitioner