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American Freedom Defense Initiative, et al. v. Washington Metropolitan Area Transit Authority, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 17-7059 · judgment August 17, 2018

Certiorari denied · June 3, 2019
Pre-decision estimate: 6% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Questions presented

The D.C. Circuit’s opinion conflicts with this Court’s precedent on an issue of exceptional importance: the freedom to express a viewpoint free from government censorship. Additionally, there is conflict in the United States courts of appeals regarding the application of the First Amendment to the display of public-issue advertisements on government transit authority property. This Court’s review is warranted.

  1. Is the Washington Metropolitan Area Transit Authority’s advertising space a public forum for Petitioner’s “Support Free Speech” ads such that Respondents’ rejection of the ads violates the First Amendment?

  2. Regardless of the forum question, is Respondents’ rejection of Petitioners’ “Support Free Speech” ads unreasonable and viewpoint based in violation of the First Amendment?

Counsel of record

For petitioner
Robert Joseph Muise
American Freedom Law Center

For respondent
Donald B. Verrilli Jr.
Munger, Tolles & Olson LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 03 2019
    Petition DENIED.
  2. May 14 2019
    DISTRIBUTED for Conference of 5/30/2019.
  3. May 06 2019
    Reply of petitioners American Freedom Defense Initiative, et al. filed.
  4. Apr 26 2019
    Brief of respondents Washington Metropolitan Area Transit Authority, et al. in opposition filed.
  5. Mar 12 2019
    Motion to extend the time to file a response is granted and the time is extended to and including April 26, 2019.
  6. Mar 08 2019
    Motion to extend the time to file a response from March 27, 2019 to April 26, 2019, submitted to The Clerk.
  7. Feb 25 2019
    Response Requested. (Due March 27, 2019)
  8. Feb 13 2019
    DISTRIBUTED for Conference of 3/1/2019.
  9. Feb 06 2019
    Waiver of right of respondents Washington Metropolitan Area Transit Authority, et al. to respond filed.
  10. Jan 28 2019
    Petition for a writ of certiorari filed. (Response due March 4, 2019)