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Manhattan Community Access Corporation, et al. v. DeeDee Halleck, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-4155 · judgment February 9, 2018

Decided · June 17, 2019
Pre-decision estimate: 8% cert probability (95% interval 6%–12%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether the Second Circuit erred in rejecting this Court's state actor tests and instead creating a per se rule that private operators of public access channels are state actors subject to constitutional liability.

  2. Whether the Second Circuit erred in holding- contrary to the Sixth and D.C. Circuitsthat private entities operating public access television stations are state actors for constitutional purposes where the state has no control over the private entity's board or operations.

Counsel of record

For petitioner
Michael B. de Leeuw
Cozen O'Connor

For respondent
Paul Whitfield Hughes
McDermott Will & Emery

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage · 12 merits
(7 supporting pet./neither, 5 respondent)

Argument & decision

Argued February 25, 2019 — Michael B. de Leeuw · Paul W. Hughes. Audio and transcript

Decided June 17, 2019. Opinion by Kavanaugh.

Proceedings

  1. Jul 19 2019
    JUDGMENT ISSUED.
  2. Jun 17 2019
    Adjudged to be REVERSED IN PART and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined.
  3. Feb 25 2019
    Argued. For petitioners: Michael B. de Leeuw, New York, N. Y. For respondents: Paul W. Hughes, Washington, D. C.
  4. Feb 11 2019
    Reply of petitioners Manhattan Community Access Corporation, et al. filed. (Distributed)
  5. Jan 18 2019
    Brief amici curiae of The Alliance for Community Media, et al. filed. (Distributed)
  6. Jan 18 2019
    Brief amicus curiae of National Police Accountability Project filed. (Distributed)
  7. Jan 18 2019
    Brief amicus curiae of Knight First Amendment Institute at Columbia University filed. (Distributed)
  8. Jan 18 2019
    Brief amici curiae of New York County Lawyers Association filed. (Distributed)
  9. Jan 18 2019
    Brief amici curiae of THE AMERICAN CIVIL LIBERTIES UNION, NEW YORK CIVIL LIBERTIES UNION, AND NATIONAL COALITION AGAINST CENSORSHIP, filed. (Distributed)
  10. Jan 15 2019
    CIRCULATED
  11. Jan 14 2019
    Record request from the U.S.C.A. 2nd Circuit is electronic.
  12. Jan 11 2019
    Record requested from the U.S.C.A. 2nd Circuit.
  13. Jan 11 2019
    Brief of respondents DeeDee Halleck, et al. filed. (Distributed)
  14. Dec 21 2018
    SET FOR ARGUMENT on Monday, February 25, 2019.
  15. Dec 11 2018
    Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
  16. Dec 11 2018
    Brief amicus curiae of The Cato Institute filed.
  17. Dec 11 2018
    Brief amicus curiae of Internet Association in support of neither party filed.
  18. Dec 11 2018
    Brief amicus curiae of Chicago Access Corporation filed.
  19. Dec 11 2018
    Brief amicus curiae of NCTA – The Internet & Television Association in support of neither party filed.
  20. Dec 11 2018
    Brief amici curiae of Pacific Legal Foundation and TechFreedom filed.
  21. Dec 11 2018
    Brief amicus curiae of Electronic Frontier Foundation in support of neither party filed.
  22. Dec 04 2018
    Brief of petitioners Manhattan Community Access Corporation, et al. filed.
  23. Dec 04 2018
    Joint appendix filed.
  24. Nov 15 2018
    Joint motion of the parties to file the brief on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 4, 2018. The time to file respondents' brief on the merits is extended to and including January 11, 2019. The reply brief is to be filed in compliance with Rule 25.3.
  25. Nov 08 2018
    Joint supplement to motion for extension of time filed.
  26. Oct 24 2018
    Joint motion of the parties for an extension of time to file the briefs on the merits filed.
  27. Oct 12 2018
    Motion for leave to file amicus brief filed by Chicago Access Corporation GRANTED.
  28. Oct 12 2018
    Petition GRANTED.
  29. Oct 09 2018
    DISTRIBUTED for Conference of 10/12/2018.
  30. Oct 01 2018
    DISTRIBUTED for Conference of 10/5/2018.
  31. Sep 05 2018
    DISTRIBUTED for Conference of 9/24/2018.
  32. Sep 04 2018
    Reply of petitioners Manhattan Community Access Corporation, et al. filed.
  33. Aug 22 2018
    Brief of respondents Deedee Halleck, et al. in opposition filed.
  34. Jul 25 2018
    Brief amicus curiae of The Cato Institute filed.
  35. Jul 25 2018
    Motion for leave to file amicus brief filed by Chicago Access Corporation.
  36. Jul 20 2018
    Blanket Consent received from counsel for Petitioners, Manhattan Community Access Corporation, et al. filed.
  37. Jul 18 2018
    Motion to extend the time to file a response from July 25, 2018 to August 24, 2018, submitted to The Clerk.
  38. Jul 18 2018
    Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2018.
  39. Jun 21 2018
    Petition for a writ of certiorari filed. (Response due July 25, 2018)