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Saved Magazine, et al. v. Spokane Police Department, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-36073 · judgment December 9, 2021


Certiorari denied · May 16, 2022
Pre-decision estimate: 2% cert probability

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

Question presented

Police kept opposing protestors on separate sides of a street at an event called “Drag Queen Story Hour” held at a public library. A journalist for a periodical covering and seeking to interview protestors and counter-protestors had an oral exchange with one of the participants. Hearing the conversation, a police officer interrupted and stated to the journalist: You are not exercising your press rights. If you want to report the story you can . . . [I]t is not your job to answer his questions . . . [Y]ou are engaging on political topics . . . [Y]ou need to act like the press and not try to take a political view . . . you can’t . . . preach the Bible to people. I heard you say something about the Bible. 1. Are the expressive rights of freedom of speech and press in the context of dueling protests so well established and particularized that the shield of qualified immunity is pierced by a police officer’s contentbased censorship?

Counsel of record

For petitioner
Kevin T. Snider
Pacific Justice Institute

For respondent
Alanna E. Peterson
Pacifica Law Group

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 16 2022
    Petition DENIED.
  2. Apr 20 2022
    DISTRIBUTED for Conference of 5/12/2022.
  3. Mar 21 2022
    Waiver of right of respondent Spokane Police Department to respond filed.
  4. Mar 08 2022
    Petition for a writ of certiorari filed. (Response due April 11, 2022)