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Rodney Keister v. Stuart Bell, in His Official Capacity as President of the University of Alabama, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-12152 · judgment March 25, 2022
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below.
Questions presented
Petitioner Rodney Keister sought to evangelize at the intersection of sidewalks open to the public, owned by the City of Tuscaloosa, but adjacent to the University of Alabama. Both university and private buildings line the streets forming the intersection, the sidewalks of which the city maintains as public rightsof-way. Despite the public nature of the intersection, the University, which handles certain maintenance and policing functions for those sidewalks, has forbade Keister from attempting to speak with passersby without securing its permission. Although this Court has consistently held that public sidewalks are “prototypical” examples of traditional public forums, the Eleventh Circuit here ruled that this sidewalk is not a public forum. In doing so, the court expressly deferred to the University’s “intent” to limit and control expressive activity on the sidewalks, notwithstanding the broad right of public access to traverse them. The Questions Presented are:
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Whether the Eleventh Circuit erred in relying on the government’s (or its delegee’s) intent to regulate speech in determining that public sidewalks adjacent to government buildings are not traditional public forums, in conflict with decisions by this Court and numerous circuits?
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Whether the status of a public sidewalk as a protected traditional public forum should be determined by the text, history, and tradition of the First Amendment rather than by an indeterminate multi-factor balancing test?
Counsel of record
For petitioner
Erik S. Jaffe
Schaerr | Jaffe LLP
For respondent
Sybil Vogtle Newton
Starnes, Davis, Florie LLP
Proceedings
- Mar 20 2023Petition DENIED.
- Mar 01 2023DISTRIBUTED for Conference of 3/17/2023.
- Mar 01 2023Reply of petitioner Rodney Keister filed. (Distributed)
- Feb 10 2023Brief of respondents Stuart Bell, in His Official Capacity as President of the University of Alabama, et al. in opposition filed.
- Jan 05 2023Motion to extend the time to file a response is granted and the time is extended to and including February 13, 2023.
- Dec 20 2022Motion to extend the time to file a response from January 13, 2023 to February 13, 2023, submitted to The Clerk.
- Dec 14 2022Response Requested. (Due January 13, 2023)
- Dec 07 2022DISTRIBUTED for Conference of 1/6/2023.
- Nov 23 2022Brief amicus curiae of Foundation for Individual Rights and Expression filed.
- Nov 23 2022Brief amicus curiae of Young America's Foundation filed.
- Nov 22 2022Brief amicus curiae of American Center for Law and Justice filed.
- Nov 21 2022Brief amicus curiae of Center for Constitutional Jurisprudence filed.
- Nov 18 2022Brief amicus curiae of Foundation for Moral Law filed.
- Nov 16 2022Brief amicus curiae of Southeastern Legal Foundation filed.
- Oct 21 2022Petition for a writ of certiorari filed. (Response due November 25, 2022)
- Sep 14 2022Application (22A112) granted by Justice Thomas extending the time to file until October 24, 2022.
- Sep 08 2022Application (22A112) to extend further the time from September 24, 2022 to October 24, 2022, submitted to Justice Thomas.
- Aug 09 2022Application (22A112) granted by Justice Thomas extending the time to file until September 24, 2022.
- Aug 05 2022Application (22A112) to extend the time to file a petition for a writ of certiorari from August 24, 2022 to October 23, 2022, submitted to Justice Thomas.