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Steve Wynn v. The Associated Press, et al.

Paid petition · Supreme Court of Nevada, No. 85804 · judgment September 5, 2024


Certiorari denied · March 24, 2025
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

In New York Times Co. v. Sullivan,1 this Court “overturn[ed] 200 years of libel law” to constitutionalize an actual-malice standard for public-official defamation plaintiffs. 2 This Court extended this actual-malice innovation to public figures in Curtis Publishing Co. v. Butts. 3 Compelled by this Court’s constitutional decisions in Sullivan and Curtis Publishing Co., States, like Nevada, have incorporated the actual-malice standard into their anti-SLAPP statutes. As a result, those States require public figure plaintiffs to prove the merits of their case— including actual malice—before any discovery occurs (or with only “limited” discovery). State courts are split over the application of the actual-malice standard’s clear and convincing evidence burden to public figure plaintiffs in anti-SLAPP cases and whether it violates a plaintiff’s right to a civil jury trial. These are the questions presented:

  1. Whether this Court should overturn Sullivan’s actual-malice standard or, at a minimum, overrule Curtis Publishing Co.’s expansion of it to public figures.

  2. 376 U.S. 254 (1964).

  3. Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749, 766 (1985) (White, J., concurring in the judgment).

  4. 388 U.S. 130 (1967).

Counsel of record

For petitioner
Jordan Tindle Smith
PISANELLI BICE PLLC

For respondent
Jay Ward Brown
Ballard Spahr LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
24A508

Proceedings

  1. Mar 24 2025
    Petition DENIED.
  2. Mar 05 2025
    DISTRIBUTED for Conference of 3/21/2025.
  3. Mar 03 2025
    Waiver of right of respondent The Associated Press, et al. to respond filed.
  4. Mar 03 2025
    Brief amicus curiae of Don Blankenship filed. (Distributed)
  5. Jan 31 2025
    Petition for a writ of certiorari filed. (Response due March 6, 2025)
  6. Nov 22 2024
    Application (24A508) granted by Justice Kagan extending the time to file until January 31, 2025.
  7. Nov 20 2024
    Application (24A508) to extend the time to file a petition for a writ of certiorari from December 4, 2024 to January 31, 2025, submitted to Justice Kagan.