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Coral Ridge Ministries Media, Inc., dba D. James Kennedy Ministries v. Southern Poverty Law Center
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-14125 · judgment July 28, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In New York Times v. Sullivan, this Court upended common law defamation jurisprudence creating a more-often-than-not insurmountable bar for a public figure to plead and prove a defamation claim—the “actual-malice” standard. The term “public figure” was later expanded to explicitly include non-elected public officials in Curtis Publishing Co. v. Butts. Since the “actual malice” standard, particularly as applied to nonelected public officials, conflicts with the correct, original understanding of the First Amendment, this Court should untangle defamation claims from the clutches of the First Amendment and ensure a public figure’s right to assert a common law defamation claim for redress for reputational harm remains protected. 1. Whether this Court should reconsider Sullivan’s “actual-malice” standard or, at a minimum, cabin Sullivan’s “actual malice” standard to speech concerning public officials and be eliminated altogether for private public figures.
Counsel of record
For petitioner
David Charles Gibbs III
The National Center for Life & Liberty, Inc.
For respondent
Chad Russell Bowman
Ballard Spahr LLP
Argument & decision
Decided June 27, 2022.
Proceedings
- Jun 27 2022Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion)
- Jun 21 2022DISTRIBUTED for Conference of 6/23/2022.
- Jun 14 2022Rescheduled.
- Jun 13 2022DISTRIBUTED for Conference of 6/16/2022.
- Jun 07 2022Rescheduled.
- Jun 06 2022DISTRIBUTED for Conference of 6/9/2022.
- Jun 01 2022Rescheduled.
- May 31 2022DISTRIBUTED for Conference of 6/2/2022.
- May 24 2022Rescheduled.
- May 23 2022DISTRIBUTED for Conference of 5/26/2022.
- May 17 2022Rescheduled.
- May 16 2022DISTRIBUTED for Conference of 5/19/2022.
- May 10 2022Rescheduled.
- May 09 2022DISTRIBUTED for Conference of 5/12/2022.
- Apr 27 2022Rescheduled.
- Apr 25 2022DISTRIBUTED for Conference of 4/29/2022.
- Apr 20 2022Rescheduled.
- Apr 18 2022DISTRIBUTED for Conference of 4/22/2022.
- Apr 12 2022Rescheduled.
- Apr 11 2022DISTRIBUTED for Conference of 4/14/2022.
- Mar 30 2022Rescheduled.
- Mar 28 2022DISTRIBUTED for Conference of 4/1/2022.
- Mar 23 2022Rescheduled.
- Mar 21 2022DISTRIBUTED for Conference of 3/25/2022.
- Mar 17 2022Rescheduled.
- Mar 08 2022Petitioner letter with opinion received. (Distributed)
- Feb 23 2022DISTRIBUTED for Conference of 3/18/2022.
- Feb 22 2022Reply of petitioner Coral Ridge Ministries Media, Inc., d.b.a. D. James Kennedy Ministries filed. (Distributed)
- Feb 09 2022Brief of respondent Southern Poverty Law Center in opposition filed.
- Jan 10 2022Response Requested. (Due February 9, 2022)
- Jan 05 2022DISTRIBUTED for Conference of 1/21/2022.
- Dec 30 2021Brief amici curiae of Public Advocate of the United States, et al. filed. (Distributed)
- Dec 30 2021Brief amicus curiae of National Religious Broadcasters filed. (Distributed)
- Dec 29 2021Brief amici curiae of Regina Caeli and True Freedom Ministries filed. (Distributed)
- Dec 28 2021Brief amici curiae of The Family Action Council of Tennessee and Constitutional Government Defense Fund filed.
- Dec 17 2021Waiver of right of respondent Southern Poverty Law Center to respond filed.
- Dec 07 2021Waiver of right of respondents Amazon.com, Inc. and AmazonSmile Foundation to respond filed.
- Nov 24 2021Petition for a writ of certiorari filed. (Response due December 30, 2021)
- Oct 22 2021Application (21A94) granted by Justice Thomas extending the time to file until November 26, 2021.
- Oct 14 2021Application (21A94) to extend the time to file a petition for a writ of certiorari from October 26, 2021 to November 26, 2021, submitted to Justice Thomas.