Supreme Court Report

Supreme Court of the United States · Official docket →

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: the model weighted this down for a self-represented petitioner.

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

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, February 21, 2023 · Certiorari denied

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)