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Carter Page v. Oath Inc.

Paid petition · Supreme Court of Delaware, No. 79, 2021 · judgment January 19, 2022

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.

Questions presented

  1. Does couching factual claims in qualified language and in the passive voice suffice to render them “true or substantially true” under the First Amendment relevant to defamation claims?

  2. Does the First Amendment require that the burden of proof to establish that statements are “false” be placed on a public-figure plaintiff in a defamation suit?

Counsel of record

For petitioner
Jeffrey Allen Standen
Hemmer DeFrank Wessels PLLC

For respondent
Elbert Lin
Hunton Andrews Kurth LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. May 16 2022
    Petition DENIED.
  2. May 09 2022
    Brief amicus curiae of America First Legal Foundation filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  3. Apr 26 2022
    DISTRIBUTED for Conference of 5/12/2022.
  4. Apr 25 2022
    Waiver of right of respondent Oath Inc. to respond filed.
    Main Document
  5. Apr 19 2022
    Petition for a writ of certiorari filed. (Response due May 23, 2022)
    PetitionAppendixCertificate of Word CountProof of Service