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Joachim Martillo v. Twitter, Inc., et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 21-1921 · judgment October 4, 2022


Certiorari denied · February 21, 2023
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 digital personal literary property, which a Defendant carries in the form of a post, com­ ment, or tweet, is “other property” according to M.G.L. Chapter 159 § 1.

  2. Whether a 2022 social medium platform is a com­ mon law common carrier.

  3. Whether the public has a Constitutional right, a) which guarantees non-discriminatory com­ mon carriage, b) which was long-established at the time the original thirteen colonial states ratified the US Constitution, and c) which is confirmed by US Constitution Amendment DC.

  4. Whether Amendment I gives a 2022 social me­ dium platform, which is unequivocally a message common carrier, a Constitutional right to refuse message common carriage of digital personal liter­ ary property from any member of the public to any member of the public.

  5. Whether “hosting” (bailment) of digital personal literary property in a backend server constitutes speech of a 2022 social medium platform.

  6. Whether it is allowable for a Court to use a logical fallacy in interpretation of a statute.

  7. Whether a 2022 social medium platform is a 1996 Interactive Computer Service (ICS) as an ICS is defined in 47 U.S. Code § 230. ’; •

Counsel of record

For petitioner
Joachim Carlo Santos Martillo

For respondent
Sopen Bharat Shah
Perkins Coie LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Jan 18 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Dec 21 2022
    Waiver of right of respondent A Medium Corporation to respond filed.
  4. Dec 15 2022
    Blanket Consent filed by Petitioner, Joachim Martillo
  5. Dec 07 2022
    Petition for a writ of certiorari filed. (Response due January 9, 2023)