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 21, 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 |
|---|---|
| 05/09/2017 | 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. |
| 05/15/2017 | Application (16A1100) granted by Justice Thomas extending the time to file until June 28, 2017. |
| 06/28/2017 | Petition for a writ of certiorari filed. (Response due July 31, 2017) |
| 07/28/2017 | Brief amicus curiae of Institute for Justice filed. |
| 07/28/2017 | Waiver of right of respondent Riviera Beach, FL to respond filed. |
| 07/31/2017 | Brief amicus curiae of First Amendment Foundation filed. |
| 08/09/2017 | DISTRIBUTED for Conference of 9/25/2017. |
| 08/10/2017 | Response Requested. (Due September 11, 2017) |
| 08/16/2017 | Order extending time to file response to petition to and including October 11, 2017. |
| 10/11/2017 | Brief of respondent Riviera Beach, FL in opposition filed. |
| 10/18/2017 | DISTRIBUTED for Conference of 11/3/2017. |
| 10/18/2017 | Reply of petitioner Fane Lozman filed. (Distributed) |
| 11/06/2017 | DISTRIBUTED for Conference of 11/9/2017. |
| 11/13/2017 | Petition GRANTED. |
| 12/19/2017 | Blanket Consent filed by Petitioner, Fane Lozman |
| 12/20/2017 | SET FOR ARGUMENT ON Tuesday, February 27, 2018 |
| 12/22/2017 | Joint appendix filed. |
| 12/22/2017 | Brief of petitioner Fane Lozman filed. |
| 12/27/2017 | Brief amici curiae of Roderick and Solange MacArthur Justice Center filed. |
| 12/27/2017 | Brief amici curiae of Marion B. Brechner First Amendment Project, et al. filed. |
| 12/29/2017 | Brief amici curiae of First Amendment Foundation, et al. filed. |
| 12/29/2017 | Brief amici curiae of Institute for Justice, et al. filed. |
| 12/29/2017 | Brief amicus curiae of Institute for Free Speech filed. |
| 12/29/2017 | Brief amici curiae of National Press Photographers Association and 25 Media and Free Speech Organizations filed. |
| 01/05/2018 | CIRCULATED |
| 01/09/2018 | Motion of respondent for an extension of time filed. |
| 01/10/2018 | Record requested from the U.S.C.A. 11th Circuit. |
| 01/11/2018 | 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. |
| 01/22/2018 | Record received from the U.S.D.C. Southern District of Florida (West Palm Beach) is electronic. |
| 01/24/2018 | Record from the U.S.D.C. Southern District of Florida. (1 Envelope). |
| 01/26/2018 | Brief of respondent Riviera Beach, FL filed. (Distributed) |
| 01/26/2018 | Brief amicus curiae of State of Alaska filed. (Distributed) |
| 01/29/2018 | Brief amicus curiae of United States filed. (Distributed) |
| 01/29/2018 | Brief amici curiae of District of Columbia, et al. filed. (Distributed) |
| 01/29/2018 | Brief amici curiae of National Association of Counties, et al. filed. (Distributed) |
| 02/02/2018 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/16/2018 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 02/16/2018 | Reply of petitioner Fane Lozman filed. (Distributed) |
| 02/27/2018 | 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.) |
| 06/18/2018 | 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. |
| 06/25/2018 | Statement of Printing Cost of Fane Lozman not accepted for filing. (August 03, 2018 - Document not meant for electronic filing.) |
| 07/20/2018 | JUDGMENT ISSUED. |
| 08/29/2018 | The record from the U.S.D.C. Southern Dist. of Florida has been returned. |