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Brian Davison v. Facebook, Inc., et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1273 · judgment August 7, 2019

Certiorari denied · February 24, 2020
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. Whether a person has standing to sue the government for a delegation of censorship authority to a private party when his speech on a topic of public importance has been suppressed without due process in a private forum hosting government interaction with citizens?

  2. Whether a private forum hosting government interaction with citizens may disallow speech that the government cannot disallow?

Counsel of record

For petitioner
Tillman J. Breckenridge
Stris & Maher LLP

For respondent
Kenneth Winn Allen
Kirkland & Ellis LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Jan 15 2020
    DISTRIBUTED for Conference of 2/21/2020.
  3. Jan 02 2020
    Waiver of right of respondent Loudoun County School Board to respond filed.
  4. Dec 31 2019
    Waiver of right of respondent Facebook, Inc. to respond filed.
  5. Dec 06 2019
    Petition for a writ of certiorari filed. (Response due January 8, 2020)