Supreme Court of the United States · Official docket →
Robert Frese v. John M. Formella, Attorney General of New Hampshire
Paid petition · United States Court of Appeals for the First Circuit, No. 21-1068 · judgment November 8, 2022
Before the decision, about 2× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Questions presented
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Whether the First Amendment tolerates criminal prosecution for alleged defamation of a public official.
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Whether New Hampshire’s common law of civil defamation is too vague to define a criminal restriction on speech, particularly where the state authorizes police departments to initiate prosecutions without the participation of a licensed attorney.
Counsel of record
For petitioner
Brian M. Hauss
American Civil Liberties Union Foundation
For respondent
Anthony Jordan Galdieri
New Hampshire Department of Justice
Proceedings
- Oct 02 2023Petition DENIED.
- Jun 28 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 27 2023Reply of petitioner Robert Frese filed. (Distributed)
- Jun 08 2023Brief of respondent John M. Formella, Attorney General of New Hampshire in opposition filed.
- Apr 27 2023Brief amicus curiae of Foundation for Individual Rights and Expression filed.
- Apr 27 2023Brief amicus curiae of Institute For Free Speech filed.
- Apr 27 2023Brief amici curiae of University of Virginia School of Law First Amendment Clinic, et al. filed.
- Apr 19 2023Motion to extend the time to file a response is granted and the time is extended to and including June 12, 2023.
- Apr 17 2023Motion to extend the time to file a response from April 27, 2023 to June 12, 2023, submitted to The Clerk.
- Mar 23 2023Petition for a writ of certiorari filed. (Response due April 27, 2023)
- Jan 24 2023Application (22A663) granted by Justice Jackson extending the time to file until March 23, 2023.
- Jan 19 2023Application (22A663) to extend the time to file a petition for a writ of certiorari from February 6, 2023 to March 23, 2023, submitted to Justice Jackson.