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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


Certiorari denied · February 28, 2022
Pre-decision estimate: 3% cert probability

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

  1. Feb 28 2022
    Petition DENIED.
  2. Feb 09 2022
    DISTRIBUTED for Conference of 2/25/2022.
  3. Jan 31 2022
    Waiver of right of respondent The New York Times Company to respond filed.
  4. Jan 19 2022
    Petition for a writ of certiorari filed. (Response due February 22, 2022)