Lozman v. City of Riviera Beach, Florida
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-21 | 11th Cir. | Feb 27, 2018 | Jun 18, 2018 | 8-1 | Kennedy | OT 2017 |
Holding: The existence of probable cause for Fane Lozman’s arrest for disrupting a city council meeting does not bar his First Amendment retaliatory arrest claim under the circumstances of this case.
Judgment: Vacated and remanded, 8-1, in an opinion by Justice Kennedy on June 18, 2018. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
- OT2017 #30: "Most Ambitious Crossovers" (First Mondays, June 25, 2018)
- Opinion analysis: With facts like these … (Heidi Kitrosser, June 19, 2018)
- A "view" from the courtroom: Down to the last few matches (Mark Walsh, June 18, 2018)
- OT2017 #16: "Robots in Ireland" (First Mondays, March 5, 2018)
- Argument analysis: Justices weigh threats to free speech against constraints on local policing (Heidi Kitrosser, February 28, 2018)
- Argument preview: Justices to consider whether probable cause defeats claims of retaliatory arrest for First-Amendment-protected expression (Heidi Kitrosser, February 21, 2018)
- OT2017 #14: "Justice for Stormy" (First Mondays, February 19, 2018)
- OT2017 #10: "Under the Heat Lamp" (First Mondays, January 8, 2018)
- Court releases February calendar (Amy Howe, December 20, 2017)
- OT2017 #7: “Keys to a Valet” (First Mondays, November 27, 2017)
- Court grants review in three new cases (Amy Howe, November 13, 2017)
- Petition of the day (Aurora Barnes, August 8, 2017)
| Date | Proceedings and Orders |
|---|---|
| May 09 2017 | Application (16A1100) to extend the time to file a petition for a writ of certiorari from May 29, 2017 to June 28, 2017, submitted to Justice Thomas. |
| May 15 2017 | Application (16A1100) granted by Justice Thomas extending the time to file until June 28, 2017. |
| Jun 28 2017 | Petition for a writ of certiorari filed. (Response due July 31, 2017) |
| Jul 28 2017 | Brief amicus curiae of Institute for Justice filed. |
| Jul 28 2017 | Waiver of right of respondent Riviera Beach, FL to respond filed. |
| Jul 31 2017 | Brief amicus curiae of First Amendment Foundation filed. |
| Aug 09 2017 | DISTRIBUTED for Conference of 9/25/2017. |
| Aug 10 2017 | Response Requested. (Due September 11, 2017) |
| Aug 16 2017 | Order extending time to file response to petition to and including October 11, 2017. |
| Oct 11 2017 | Brief of respondent Riviera Beach, FL in opposition filed. |
| Oct 18 2017 | DISTRIBUTED for Conference of 11/3/2017. |
| Oct 18 2017 | Reply of petitioner Fane Lozman filed. (Distributed) |
| Nov 06 2017 | DISTRIBUTED for Conference of 11/9/2017. |
| Nov 13 2017 | Petition GRANTED. |
| Dec 19 2017 | Blanket Consent filed by Petitioner, Fane Lozman |
| Dec 20 2017 | SET FOR ARGUMENT ON Tuesday, February 27, 2018 |
| Dec 22 2017 | Joint appendix filed. |
| Dec 22 2017 | Brief of petitioner Fane Lozman filed. |
| Dec 27 2017 | Brief amici curiae of Roderick and Solange MacArthur Justice Center filed. |
| Dec 27 2017 | Brief amici curiae of Marion B. Brechner First Amendment Project, et al. filed. |
| Dec 29 2017 | Brief amici curiae of First Amendment Foundation, et al. filed. |
| Dec 29 2017 | Brief amici curiae of Institute for Justice, et al. filed. |
| Dec 29 2017 | Brief amicus curiae of Institute for Free Speech filed. |
| Dec 29 2017 | Brief amici curiae of National Press Photographers Association and 25 Media and Free Speech Organizations filed. |
| Jan 05 2018 | CIRCULATED |
| Jan 09 2018 | Motion of respondent for an extension of time filed. |
| Jan 10 2018 | Record requested from the U.S.C.A. 11th Circuit. |
| Jan 11 2018 | Motion to extend the time to file respondent's brief on the merits granted, and the time is extended to and including January 26, 2018. Amicus briefs in support of respondent are to be filed on or before January 29, 2018. |
| Jan 22 2018 | Record received from the U.S.D.C. Southern District of Florida (West Palm Beach) is electronic. |
| Jan 24 2018 | Record from the U.S.D.C. Southern District of Florida. (1 Envelope). |
| Jan 26 2018 | Brief of respondent Riviera Beach, FL filed. (Distributed) |
| Jan 26 2018 | Brief amicus curiae of State of Alaska filed. (Distributed) |
| Jan 29 2018 | Brief amicus curiae of United States filed. (Distributed) |
| Jan 29 2018 | Brief amici curiae of District of Columbia, et al. filed. (Distributed) |
| Jan 29 2018 | Brief amici curiae of National Association of Counties, et al. filed. (Distributed) |
| Feb 02 2018 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Feb 16 2018 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Feb 16 2018 | Reply of petitioner Fane Lozman filed. (Distributed) |
| Feb 27 2018 | Argued. For petitioner: Pamela S. Karlan, Stanford, Cal. For respondent: Shay Dvoretzky, Washington, D. C.; and Jeffrey B. Wall, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Jun 18 2018 | Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a dissenting opinion. |
| Jun 25 2018 | Statement of Printing Cost of Fane Lozman not accepted for filing. (August 03, 2018 - Document not meant for electronic filing.) |
| Jul 20 2018 | JUDGMENT ISSUED. |
| Aug 29 2018 | The record from the U.S.D.C. Southern Dist. of Florida has been returned. |
