Borough of Duryea v. Guarnieri
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 09-1476 | 3d Cir. | Mar 22, 2011 | Jun 20, 2011 | 8-1 | Kennedy | OT 2010 |
Holding: A government employer's allegedly retaliatory actions against an employee do not give rise to liability under the First Amendment's Petition Clause unless the employee's petition relates to a matter of public concern.
Judgment: Vacated and remanded, 8-1, in an opinion by Justice Anthony Kennedy on June 20, 2011. Justice Scalia filed an opinion concurring in the judgment in part and dissenting in part.
SCOTUSblog Coverage
- Opinion analysis: Limits on "Petition Clause" (Lyle Denniston, June 20, 2011)
- Argument recap: Giving meaning to the Petition and Speech Clauses (Daniel Bell, March 25, 2011)
- Argument preview: A tale of two clauses (Daniel Bell, March 22, 2011)
- Court to rule on child interviews (Lyle Denniston, October 12, 2010)
Briefs and Documents
Merits Briefs
- Brief for Petitioners Borough of Duryea, Pennsylvania, et al.
- Brief for Respondent Charles J. Guarnieri, Jr.
- Reply brief for Petitioner Borough of Duryea, Pennsylvania
Amicus Briefs
- Brief for the States of Florida, Alabama, Colorado, Delaware, Hawaii, Illinois, Indiana, Louisiana, Maine, Michigan, Mississippi, New Jersey, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming in Support of Petitioner
- Brief for the National School Boards Association in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the State and Local Legal Center in Support of Petitioner
- Brief for the American Civil Liberties Union and the ACLU of Pennsylvania in Support of Respondent
- Brief for the American Federation of Labor and the Congress of Industrial Organization in Support of Respondent
- Brief for the Justice and Freedom Fund in Support of Respondent
- Brief for the National Fraternal Order of Police, the National Troopers Coalition and the Pennsylvania Troopers Association in Support of Respondent
Certiorari-stage documents
- Opinion below (3d Circuit)
Merits Briefs
- Brief for Petitioners Borough of Duryea, Pennsylvania, et al.
- Brief for Respondent Charles J. Guarnieri, Jr.
- Reply brief for Petitioner Borough of Duryea, Pennsylvania
Amicus Briefs
- Brief for the States of Florida, Alabama, Colorado, Delaware, Hawaii, Illinois, Indiana, Louisiana, Maine, Michigan, Mississippi, New Jersey, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming in Support of Petitioner
- Brief for the National School Boards Association in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the State and Local Legal Center in Support of Petitioner
- Brief for the American Civil Liberties Union and the ACLU of Pennsylvania in Support of Respondent
- Brief for the American Federation of Labor and the Congress of Industrial Organization in Support of Respondent
- Brief for the Justice and Freedom Fund in Support of Respondent
- Brief for the National Fraternal Order of Police, the National Troopers Coalition and the Pennsylvania Troopers Association in Support of Respondent
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