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Martinez v. United States

Motion to proceed in forma pauperis and petition for a writ of certiorari granted, judgment vacated and case remanded for further consideration in light of Elonis v. United States on June 8, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
13-8837 11th Cir. N/A N/A N/A N/A OT 2014

Issue: (1) Whether the First Amendment protects political speech that is uttered without the subjective or specific intent to threaten or intimidate; or, in the alternative, (2) whether 18 U.S.C. § 875(c), which makes it a federal offense to “transmit[] in interstate or foreign commerce any communication containing . . . any threat to injure the person of another,” is facially overbroad.

DateProceedings and Orders (key to color coding)
Feb 21 2014Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2014)
Mar 19 2014Order extending time to file response to petition to and including April 28, 2014.
Apr 28 2014Brief of respondent United States in opposition filed.
May 14 2014DISTRIBUTED for Conference of May 29, 2014.
May 27 2014DISTRIBUTED for Conference of May 29, 2014.
Jun 2 2014DISTRIBUTED for Conference of June 5, 2014.
Jun 9 2014DISTRIBUTED for Conference of June 12, 2014.
Jun 1 2015DISTRIBUTED for Conference of June 4, 2015.
Jun 8 2015Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Elonis v. United States, 575 U. S. ___ (2015).
Jul 10 2015JUDGMENT ISSUED.