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Joseph A. Kennedy v. Bremerton School District
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-35801 · judgment August 23, 2017
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent.
Question presented
This Court observed almost 50 years ago that “[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969) (emphasis added). But in the decision below, the Ninth Circuit not only argued that teachers shed their First Amendment rights at the schoolhouse gate, but made it circuit law. In particular, the court held that any “demonstrative communication” by a public school teacher or coach that occurs “at school or a school function” and “in the general presence of students” is entitled to no First Amendment protection at all. Applying that sweeping categorical rule, the court held that a public high school football coach could be fired for engaging in the most personal of expressive gestures, kneeling at midfield to say a brief, quiet prayer by himself after games, because he undertook this “demonstrative religious activity” in the vicinity of students. The question presented is: Whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Michael B. Tierney
Tierney & Correa
Argument & decision
Decided January 22, 2019.
Proceedings
- Jan 22 2019Petition DENIED. Statement of Justice Alito, with whom Justice Thomas, Justice Gorsuch, and Justice Kavanaugh join, respecting the denial of certiorari. (Detached Opinion)
- Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
- Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
- Dec 20 2018DISTRIBUTED for Conference of 1/4/2019.
- Dec 03 2018DISTRIBUTED for Conference of 12/7/2018.
- Nov 26 2018DISTRIBUTED for Conference of 11/30/2018.
- Nov 13 2018DISTRIBUTED for Conference of 11/16/2018.
- Nov 05 2018DISTRIBUTED for Conference of 11/9/2018.
- Oct 29 2018DISTRIBUTED for Conference of 11/2/2018.
- Oct 22 2018DISTRIBUTED for Conference of 10/26/2018.
- Oct 09 2018DISTRIBUTED for Conference of 10/12/2018.
- Oct 02 2018Rescheduled.
- Oct 01 2018DISTRIBUTED for Conference of 10/5/2018.
- Sep 20 2018Rescheduled.
- Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.
- Sep 05 2018Reply of petitioner Joseph A. Kennedy filed. (Distributed)
- Aug 21 2018Brief of respondent Bremerton School District in opposition filed.
- Aug 01 2018Brief amicus curiae of The Texas High School Coaches Association filed.
- Aug 01 2018Brief amici curiae of Members of Congress filed.
- Aug 01 2018Brief amicus curiae of Robert Cleckler Bowden filed.
- Aug 01 2018Brief amici curiae of Arizona, et al. filed.
- Aug 01 2018Brief amici curiae of Billy Graham Evangelistic Association, et al. filed.
- Jul 31 2018Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2018.
- Jul 27 2018Motion to extend the time to file a response from August 1, 2018 to August 31, 2018, submitted to The Clerk.
- Jul 24 2018Brief amicus curiae of Foundation for Moral Law filed.
- Jul 23 2018Brief amicus curiae of Thomas More Society filed.
- Jul 03 2018Blanket Consent filed by Petitioner, Joseph A. Kennedy.
- Jun 25 2018Petition for a writ of certiorari filed. (Response due August 1, 2018)
- May 15 2018Application (17A1086) granted by Justice Kennedy extending the time to file until June 24, 2018.
- May 10 2018Application (17A1086) to extend further the time from May 25, 2018 to June 24, 2018, submitted to Justice Kennedy.
- Apr 10 2018Application (17A1086) granted by Justice Kennedy extending the time to file until May 25, 2018.
- Apr 09 2018Application (17A1086) to extend the time to file a petition for a writ of certiorari from April 25, 2018 to May 25, 2018, submitted to Justice Kennedy.