Supreme Court of the United States · Official docket →
Bryan Pesta v. Laura Bloomberg, Individually and as President, Cleveland State University, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-3947 · judgment November 4, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether in government employee speech cases the State must clear the Sullivan malice hurdle before proceeding to balancing, as this Court originally held in Pickering? Whether the Sullivan malice standard answers the question left open in Garcetti regarding academic freedom in a state university? Whether balancing was properly weighed here under any conceivable test, where no consideration was given to the fact that petitioner had produced a landmark scientific study within his field, but was stripped of tenure and fired anyway, allegedly for breaking obscure research rules for which respondents themselves were equally at fault, and for which violation no real disruption was demonstrated?
Counsel of record
For petitioner
Frederick Charles Kelly III
Law Office of Frederick C. Kelly, Esq.
For respondent
Karen Louise Giffen
Perez & Morris LLC
Case
Conference history
Distributed for 1 conference
Proceedings
- Jul 01 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 25 2026Waiver of right of respondent Lara Bloomberg, et al. to respond filed.
- Mar 30 2026Petition for a writ of certiorari filed. (Response due July 1, 2026)