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Byron Johnson v. Kaija Freborg

Paid petition · Supreme Court of Minnesota, No. A21-1531 · judgment September 20, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 11% cert probability (95% interval 7%–18%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition citing three to ten dissents, and a dissent in the court below.

Question presented

Where one private figure accuses another private figure of sexual assault in an online posting, is that “a matter of public concern” under the First Amendment?

Counsel of record

For petitioner
Scott Michael Flaherty
Taft Stettinius & Holllister LLP

For respondent
Alan King
Goetz & Eckland, P.A.

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 20, 2024 · Certiorari denied

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 24 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Jan 11 2024
    Waiver of right of respondent Kaija Freborg to respond filed.
  4. Dec 19 2023
    Petition for a writ of certiorari filed. (Response due January 22, 2024)