Supreme Court of the United States · Official docket →
Nicholas Sandmann v. New York Times Company, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-5734, 22-5735, 22-5736, 22-5737, 22-5738 · judgment August 16, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Do statements conveying observed sensory impressions in factual, descriptive terms constitute protected “opinion” under the First Amendment to the Constitution of the United States?
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Did the United States Court of Appeals for the Sixth Circuit effectively eliminate the distinction between fact and opinion articulated in Milkovich v. Lorain Journal Company, 497 U.S. 1 (1990)?
Counsel of record
For petitioner
Todd Vanderveer McMurtry
Hemmer Wessels McMurtry PLLC
For respondent
Michael Patrick Abate
Kaplan Johnson Abate & Bird LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 25 2024Petition DENIED.
- Mar 06 2024DISTRIBUTED for Conference of 3/22/2024.
- Feb 21 2024Waiver of right of respondents ABC News, Inc.; ABC News Interactive, Inc., The Walt Disney Company to respond filed.
- Feb 21 2024Waiver of right of respondent New York Times Company to respond filed.
- Feb 21 2024Waiver of right of respondents Gannett Co., Inc. and Gannett Sattelite Information Network, LLC to respond filed.
- Feb 21 2024Waiver of right of respondents CBS News Inc., ViacomCBS Inc. (n/k/a Paramount Global), and CBS Interactive Inc. to respond filed.
- Feb 21 2024Waiver of right of respondent Rolling Stone, LLC and Penske Media Corporation to respond filed.
- Jan 26 2024Petition for a writ of certiorari filed. (Response due February 29, 2024)