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Rodney Keister v. Stuart Bell, in His Official Capacity as President of the University of Alabama, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-11347 · judgment January 23, 2018


Certiorari denied · October 1, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Except in the unique setting of a military installation, this Court has never held that a public sidewalk running alongside a public street was anything but a traditional public forum. Here, the Eleventh Circuit reached a contrary result. The questions presented are:

  1. Does the presence of adjacent college campus buildings negate the First Amendment public forum status of a sidewalk running along a public street?

  2. Did the Eleventh Circuit err by holding that a virtual ban on leafletting and street preaching on a public sidewalk is not likely to violate the First Amendment right to free speech?

Counsel of record

For petitioner
Jay Alan Sekulow
American Center for Law and Justice

For respondent
Sybil Vogtle Newton
Starnes, Davis, Florie LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Motion for leave to file amici brief filed by Alliance Defending Freedom, et al. GRANTED.
  2. Oct 01 2018
    Petition DENIED.
  3. Aug 22 2018
    DISTRIBUTED for Conference of 9/24/2018.
  4. Aug 20 2018
    Reply of petitioner Rodney Keister filed.
  5. Aug 02 2018
    Brief of respondents Stuart Bell, et al. in opposition filed.
  6. Aug 02 2018
    Motion for leave to file amici brief filed by Alliance Defending Freedom, et al.
  7. Jul 02 2018
    Petition for a writ of certiorari filed. (Response due August 2, 2018)