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Brian Davison v. Deborah Rose, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-1683 · judgment December 3, 2021


Certiorari denied · October 3, 2022
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Whether a forum and scrutiny analysis are required when considering First Amendment infringement claims involving the government barring citizen speech on publicly owned property?

  2. Whether blanket prohibitions on future speech by speakers within the internal class for limited or designated public forums must be narrowly tailored to restrain no more speech than is necessary per Madsen vs. Women’s Health Ctr., 512 US 753 (1994)?

  3. Whether the government’s prohibition of “personal attacks” while allowing personal compliments within a limited public forum is viewpoint neutral?

  4. Whether government’s prohibition of “discriminatory” speech against groups on its social media pages, when used as limited public forums, is viewpoint neutral?

  5. Whether pre-deprivation due process is required for First Amendment speech infringements in limited public forums when a speaker presents no immediate risk of disruption under Zinermon vBurch, 494 U.S. 113 (1990)?

  6. Whether a plaintiff has the right of return to litigate Constitutional claims in federal court, via an England reservation, under a stay pending the conclusion of state litigation filed before the initiation of the federal lawsuit?

Counsel of record

For petitioner
Brian Davison

For respondent
Heather K. Bardot
McGavin, Boyce, Bardot, Thorsen & Katz, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jul 20 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jul 06 2022
    Brief of respondents Deborah Rose, et al. in opposition filed.
  4. Apr 04 2022
    Petition for a writ of certiorari filed. (Response due July 7, 2022)