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Ross Abbott, et al. v. Harris Pastides, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1853 · judgment August 16, 2018

Certiorari denied · March 4, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, counsel who has filed here before, and a Fourth Circuit decision below.

Questions presented

i

  1. Whether a student and student organizations investigated for possibly violating a public university’s regulations governing on-campus speech have standing to bring a First Amendment challenge to the vagueness and overbreadth of the regulations where the university declined either to clarify the regulations or disavow future enforcement?

  2. Whether a public university’s anti-harassment policy violates the First Amendment where it authorizes the university to restrict speech based on broad, vague, and undefined terms, and does not require that prohibited speech be objectively offensive?

  3. Whether a public university violates the First Amendment when its campus speech regulations lack any process for screening insubstantial or frivolous complaints and its investigative procedures impose burdens on speakers, including a gag order, during pendency of the investigation?

  4. Whether university officials are entitled to qualified immunity when they enforce university anti-discrimination policies by placing the burden on speakers to justify their engagement in controversial speech?

Counsel of record

For petitioner
Robert Lawrence Corn-Revere
Foundation for Individual Rights and Expression

For respondent
Kenneth P. Woodington
Davidson & Wren, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 04 2019
    Motion for leave to file amici brief filed by First Amendment Clinics at Duke Law, et al. GRANTED.
  2. Mar 04 2019
    Motion for leave to file amici brief filed by the South Carolina ACLU, et al. GRANTED.
  3. Mar 04 2019
    Petition DENIED.
  4. Feb 13 2019
    DISTRIBUTED for Conference of 3/1/2019.
  5. Feb 11 2019
    Reply of petitioners Ross Abbott, et al. filed. (Distributed)
  6. Jan 30 2019
    Brief of respondents Harris Pastides, et al. in opposition filed.
  7. Jan 04 2019
    Response in opposition to motion to file amici curiae brief of South Carolina ACLU, et al. from respondents Harris Pastides, et al. filed.
  8. Jan 03 2019
    Response of Pastides, et al. to motion not accepted for filing. (January 08, 2019)
  9. Jan 03 2019
    Response in opposition to motion to file amici curiae brief of First Amendment Clinics at Duke Law, et al. from respondents Harris Pastides, et al. filed.
  10. Dec 28 2018
    Motion for leave to file amici brief filed by The South Carolina ACLU, et al.
  11. Dec 26 2018
    Amicus brief of FIRST AMENDMENT CLINICS AT DUKE LAW AND ARIZONA STATE UNIVERSITY LAW not accepted for filing. (December 28, 2018)(Corrected version submitted)
  12. Dec 26 2018
    Motion for leave to file amici brief filed by First Amendment Clinics at Duke Law, et al. (12/27/2018)
  13. Dec 21 2018
    Motion to extend the time to file a response is granted and the time is extended to and including January 30, 2019.
  14. Dec 19 2018
    Motion to extend the time to file a response from December 31, 2018 to January 30, 2019, submitted to The Clerk.
  15. Dec 18 2018
    Blanket Consent filed by Petitioners, Ross Abbott, et al..
  16. Nov 21 2018
    Petition for a writ of certiorari filed. (Response due December 31, 2018)