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Vugo, Inc. v. City of New York, New York

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-807 · judgment July 16, 2019

Certiorari denied · April 27, 2020

Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a dissent in the court below (flagged in the petition), and a business petitioner, and down for a state or local-government respondent.

Question presented

In Reed v. Town of Gilbert, this Court clarified that content-based restrictions are those that apply to particular speech because of the topic discussed or the idea or message expressed, and reaffirmed that content-based restrictions on speech require strict scrutiny review. Government restrictions on commercial speech that do not apply to non-commercial speech are content-based. Should strict scrutiny review apply in such a challenge?

Counsel of record

For petitioner
Jeffrey Michael Schwab
Liberty Justice Center

For respondent
Richard Paul Dearing
City of New York

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

Apr 27 2020
Petition DENIED.
Apr 08 2020
DISTRIBUTED for Conference of 4/24/2020.
Apr 06 2020
Reply of petitioner Vugo, Inc. filed. (Distributed)
Mar 20 2020
Brief of respondent City of New York in opposition filed.
Jan 21 2020
Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2020.
Jan 21 2020
Brief amici curiae of Goldwater Institute & Cato Institute filed.
Jan 17 2020
Brief amicus curiae of Pacific Legal Foundation filed.
Jan 16 2020
Motion to extend the time to file a response from January 21, 2020 to March 20, 2020, submitted to The Clerk.
Dec 18 2019
Petition for a writ of certiorari filed. (Response due January 21, 2020)