Supreme Court of the United States · Official docket →
Richard Leake, et al. v. James T. Drinkard, Individually and in His Official Capacity as Assistant City Administrator of the City of Alpharetta, GA, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-13868 · judgment September 28, 2021
Before the decision, modestly above the 4.1% base rate. The model weighted this up for an Eleventh Circuit decision below, a petition citing three to ten dissents, and a petition filed soon after the judgment below.
Questions presented
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Whether the District Court and Eleventh Circuit Court of Appeals erred when applying the “Government Speech” doctrine to limit the speech of private citizens and organizations participating in government sponsored parades on the basis of flags which such participants wish to display in an objective historical context, which occur on public streets and are open to all participants that have submitted proper applications, in violation of the First Amendment to the United States Constitution.
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Whether the District Court and Eleventh Circuit Court of Appeals impermissibly expanded the “Government Speech” doctrine to limit the use of historic flags upon which the local government has imposed a particular meaning, and which can be used to ban any symbol the government wishes to restrict thereafter in violation of the First Amendment to the United States Constitution.
Counsel of record
For petitioner
H. Edward Phillips III
The Law Office of H. Edward Phillips, PLLC
For respondent
Michael David Stacy
Bovis, Kyle, Burch and Medlin, LLC
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 4, 2022 · Certiorari denied
Proceedings
- Apr 04 2022Petition DENIED.
- Mar 16 2022DISTRIBUTED for Conference of 4/1/2022.
- Mar 14 2022Reply of petitioners Richard Leake, et al. filed. (Distributed)
- Feb 28 2022Brief of respondents James Drinkard, et al. in opposition filed.
- Jan 20 2022Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022, for all respondents.
- Jan 19 2022Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk.
- Dec 27 2021Petition for a writ of certiorari filed. (Response due January 28, 2022)