Skip to content

Flytenow, Inc. v. Federal Aviation Administration

Petition for certiorari denied on January 9, 2017

Docket No. Argument Opinion Vote Author Term
16-14 N/A N/A N/A N/A OT 2016

Issue: (1) What, if any, deference is due an agency's interpretation when it predominately interprets terms of common law in which courts, not administrative agencies, have special competence; (2) whether the circuit court erred when it held, in contravention of this Court's long-standing definition of "common carrier," that pilots who use the Internet to communicate are "common carriers" when those pilots do not earn a commercial profit or indiscriminately offer to share their travel plans with the general public, thus warranting remand; and (3) whether the circuit court erred in holding that the Federal Aviation Administration could, consistent with the First Amendment, lawfully discriminate against content-based Internet communications because of the message conveyed and the means chosen by pilots to convey it.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
05/10/2016Application (15A1168) to extend the time to file a petition for a writ of certiorari from May 24, 2016 to June 24, 2016, submitted to The Chief Justice.
05/12/2016Application (15A1168) granted by The Chief Justice extending the time to file until June 24, 2016.
06/24/2016Petition for a writ of certiorari filed. (Response due August 1, 2016)
06/27/2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
07/25/2016Brief amici curiae of Cato Institute, et al. filed.
07/29/2016Brief amici curiae of Southeastern Legal Foundation, et al. filed.
08/01/2016Waiver of right of respondent Federal Aviation Administration to respond filed.
08/10/2016DISTRIBUTED for Conference of September 26, 2016.
08/12/2016Response Requested . (Due September 12, 2016)
09/08/2016Order extending time to file response to petition to and including October 12, 2016.
09/29/2016Order further extending time to file response to petition to and including November 14, 2016.
11/14/2016Brief of respondent Federal Aviation Administration in opposition filed.
11/23/2016Reply of petitioner Flytenow, Inc. filed.
11/30/2016DISTRIBUTED for Conference of January 6, 2017.
01/09/2017Petition DENIED.