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 2.6× 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 petition citing three to ten dissents, 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
Case
Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Amicus briefs
3 cert-stage
Linked docket
22A663
Order
Order list, October 2, 2023 · Certiorari denied
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.