Supreme Court of the United States · Official docket →
Kevin Lindke v. James R. Freed
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-2977 · judgment June 27, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Courts have increasingly been called upon to determine whether a public official who selectively blocks access to his or her social media account has engaged in state action subject to constitutional scrutiny. To answer that question, most circuits consider a broad range of factors, including the account's appearance and purpose. But in the decision below, the court of appeals rejected the relevance of any consideration other than whether the official was performing a "duty of his office" or invoking the "authority of his office." App. 5a. The question presented is: Whether a public official's social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office.
Counsel of record
For petitioner
Allon Kedem
Arnold & Porter Kaye Scholer LLP
For respondent
Victoria Read Ferres
Fletcher, Fealko, Shoudy & Francis, P.C.
Case
Conference history
Distributed for 2 conferences
Amicus briefs
12 merits
(9 supporting pet./neither, 3 respondent)
Argument & decision
Argued October 31, 2023 — Allon Kedem · Victoria R. Ferres. Audio and transcript
Decided March 15, 2024. Opinion by Barrett.
Proceedings
- Apr 16 2024Judgment Issued.
- Mar 15 2024Judgment VACATED and case REMANDED. Barrett, J., delivered the opinion for a unanimous Court.
- Oct 31 2023Argued. For petitioner: Allon Kedem, Washington, D. C. For respondent: Victoria R. Ferres, Port Huron, Mich.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- Oct 02 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Sep 07 2023Record received electronically from the United States Court of Appeals for the Sixth Circuit. The remainder of the record is available on PACER.
- Sep 07 2023Reply of petitioner Kevin Lindke filed. (Distributed)
- Sep 06 2023SET FOR ARGUMENT on Tuesday, October 31, 2023.
- Sep 06 2023Record requested from the United States Court of Appeals for the Sixth Circuit.
- Sep 06 2023CIRCULATED.
- Aug 15 2023Brief amicus curiae of United States filed.
- Aug 15 2023Brief amicus curiae of Texas filed.
- Aug 15 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Aug 09 2023Brief amici curiae of Tennessee, et al. filed.
- Aug 08 2023Brief of respondent James R. Freed filed.
- Jun 30 2023Brief amicus curiae of The NRSC (also in 22-324) filed. VIDED.
- Jun 30 2023Brief amici curiae of Amicus First Amendment Clinics, Citizens and Journalists filed.
- Jun 30 2023Brief amici curiae of The American Civil Liberties Union and the ACLU of Michigan filed.
- Jun 30 2023Brief amici curiae of NetChoice, et al. filed.
- Jun 30 2023Brief amicus curiae of American Atheists, Inc. filed.
- Jun 30 2023Brief amicus curiae of Foundation for Individual Rights and Expression filed.
- Jun 30 2023Brief amici curiae of Local Government Legal Center, et al. supporting neither party.
- Jun 30 2023Brief amici curiae of Electronic Frontier Foundation, et al. filed. (Reprinted and resubmitted on 7/13/23).
- Jun 30 2023Brief amici curiae of Electronic Frontier Foundation, et al. filed (also in 22-324). VIDED.
- Jun 23 2023Brief of petitioner Kevin Lindke filed.
- Jun 23 2023Joint appendix filed. (Statement of costs filed)
- May 08 2023Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 23, 2023. The time to file respondent's brief on the merits is extended to and including August 8, 2023.
- May 01 2023Motion for an extension of time to file the briefs on the merits filed.
- Apr 24 2023Petition GRANTED.
- Apr 17 2023DISTRIBUTED for Conference of 4/21/2023.
- Mar 22 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 20 2023Reply of petitioner Kevin Lindke filed. (Distributed)
- Mar 03 2023Brief of respondent James R. Freed in opposition filed.
- Jan 19 2023Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2023.
- Jan 18 2023Motion to extend the time to file a response from February 3, 2023 to March 3, 2023, submitted to The Clerk.
- Dec 29 2022Petition for a writ of certiorari filed. (Response due February 3, 2023)
- Oct 07 2022Application (22A291) granted by Justice Kavanaugh extending the time to file until January 2, 2023.
- Oct 04 2022Application (22A291) to extend the time to file a petition for a writ of certiorari from November 3, 2022 to January 2, 2023, submitted to Justice Kavanaugh.