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Joe Ribakoff v. City of Long Beach, California, et al.

Paid petition · Court of Appeal of California, Second Appellate District, No. B279462 · judgment August 24, 2018


Certiorari denied · May 28, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Question presented

The questions presented in this matter are: 1)Is a rule abridging speech by members of the public at an open public meeting of a city government a presumptively unconstitutional content-based speech regulation under the 15t Amendment if it does not also apply to 'staff' and government invite speakers when the justification for distinction between public and non-public speakers is that 'staff' and invite speakers are experts, while public speakers just create "the potential for endless discussion" [Appendix , pages 38-391 i.e. that the public - speaker's "speech is not worth it" United States v. Stevens 559 US 460, (2010)? 2) Does a state court have the power to cure a facially unconstitutional speech regulation of its 1st Amendment infirmities by rewriting it to constitutional standards, or, do separation of powers the constitutional order that - requires the legislature to legislate and the judiciary to adjudicate bar not just the federal court from rewriting - such a law (Stevens 559 US at), but also the state courts. Ask alternatively, can a state court make a facially unconstitutional state law into a facially constitutional one without ever changing the statute's face?

Counsel of record

For petitioner
Joe Ribakoff

For respondent
—

Case

Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, May 28, 2019 · Certiorari denied

Proceedings

  1. May 28 2019
    Petition DENIED.
  2. May 07 2019
    DISTRIBUTED for Conference of 5/23/2019.
  3. Mar 19 2019
    Petition for a writ of certiorari filed. (Response due April 22, 2019)