Supreme Court Report

Supreme Court of the United States · Official docket →

Rodric David v. Tony Kazal, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-55413 · judgment September 15, 2021


Certiorari denied · April 18, 2022
Pre-decision estimate: 7% cert probability (95% interval 5%–10%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and counsel who has filed here before.

Question presented

Did the Ninth Circuit impermissibly disregard this Court’s holding in Agency for Int’l Dev. v. All. for Open Soc’y Int’l, Inc., 140 S. Ct. 2082, 2086 (2020) (“Open Society”) (“First, it is long settled as a matter of American constitutional law that foreign citizens outside U. S. territory do not possess rights under the U. S. Constitution.”), when it held that two foreign nationals with no connections to the United States, located and acting overseas, had a First Amendment right to direct harassing speech into the United States at unwilling recipients, rendering them immune from liability under California’s anti-stalking law?

Counsel of record

For petitioner
Caleb Edward Mason
Werksman Jackson and Quinn LLP

For respondent
Hyland Hunt
Deutsch Hunt PLLC

Case

Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, April 18, 2022 · Certiorari denied

Proceedings

  1. Apr 18 2022
    Petition DENIED.
  2. Mar 29 2022
    DISTRIBUTED for Conference of 4/14/2022.
  3. Mar 23 2022
    Waiver of right of respondent Tony Kazal, et al. to respond filed.
  4. Feb 17 2022
    Petition for a writ of certiorari filed. (Response due March 24, 2022)