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Peter Brimelow v. The New York Times Company
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-66 · judgment October 21, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the Sullivan Malice rule should be abandoned, especially where it serves to spare government policy from criticism and shelters a powerful media entity which deliberately acted to narrow debate – in favor of governmental policy – on topics of vital public importance, such as race, intelligence, and crime? Whether Brimelow appropriately pleaded Sullivan Malice where he showed a cumulative and repeating pattern that included wilful disregard of well established scientific evidence, failure to seek corroboration from obvious sources, reliance upon a highly questionable source with a reputation for persistent inaccuracies, ill will, and the continued violation of several of the New York Times’s own journalistic standards?
Counsel of record
For petitioner
Frederick Charles Kelly III
Law Office of Frederick C. Kelly, Esq.
For respondent
Dana Green
The New York Times Company, Legal Dept.
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 28 2022Petition DENIED.
- Feb 09 2022DISTRIBUTED for Conference of 2/25/2022.
- Jan 31 2022Waiver of right of respondent The New York Times Company to respond filed.
- Jan 19 2022Petition for a writ of certiorari filed. (Response due February 22, 2022)