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Manhattan Community Access Corp. v. Halleck

Docket No. Argument Opinion Vote Author Term
17-1702 Feb 25, 2019 Jun 17, 2019 5-4 Kavanaugh OT 2018

Holding: Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.

Judgment: Reversed in part and remanded, 5-4, in an opinion by Justice Kavanaugh on June 17, 2019. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer and Kagan joined.

DateProceedings and Orders (key to color coding)
06/21/2018Petition for a writ of certiorari filed. (Response due July 25, 2018)
07/18/2018Motion to extend the time to file a response from July 25, 2018 to August 24, 2018, submitted to The Clerk.
07/18/2018Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2018.
07/20/2018Blanket Consent received from counsel for Petitioners, Manhattan Community Access Corporation, et al. filed.
07/25/2018Brief amicus curiae of The Cato Institute filed.
07/25/2018Motion for leave to file amicus brief filed by Chicago Access Corporation.
08/22/2018Brief of respondents Deedee Halleck, et al. in opposition filed.
09/04/2018Reply of petitioners Manhattan Community Access Corporation, et al. filed.
09/05/2018DISTRIBUTED for Conference of 9/24/2018.
10/01/2018DISTRIBUTED for Conference of 10/5/2018.
10/09/2018DISTRIBUTED for Conference of 10/12/2018.
10/12/2018Motion for leave to file amicus brief filed by Chicago Access Corporation GRANTED.
10/12/2018Petition GRANTED.
10/24/2018Joint motion of the parties for an extension of time to file the briefs on the merits filed.
11/08/2018Joint supplement to motion for extension of time filed.
11/15/2018Joint motion of the parties to file the brief on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 4, 2018. The time to file respondents' brief on the merits is extended to and including January 11, 2019. The reply brief is to be filed in compliance with Rule 25.3.
12/04/2018Brief of petitioners Manhattan Community Access Corporation, et al. filed.
12/04/2018Joint appendix filed.
12/11/2018Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
12/11/2018Brief amicus curiae of The Cato Institute filed.
12/11/2018Brief amicus curiae of Internet Association in support of neither party filed.
12/11/2018Brief amicus curiae of Chicago Access Corporation filed.
12/11/2018Brief amicus curiae of NCTA – The Internet & Television Association in support of neither party filed.
12/11/2018Brief amici curiae of Pacific Legal Foundation and TechFreedom filed.
12/11/2018Brief amicus curiae of Electronic Frontier Foundation in support of neither party filed.
12/21/2018SET FOR ARGUMENT on Monday, February 25, 2019.
01/11/2019Record requested from the U.S.C.A. 2nd Circuit.
01/11/2019Brief of respondents DeeDee Halleck, et al. filed. (Distributed)
01/14/2019Record request from the U.S.C.A. 2nd Circuit is electronic.
01/15/2019CIRCULATED
01/18/2019Brief amici curiae of The Alliance for Community Media, et al. filed. (Distributed)
01/18/2019Brief amicus curiae of National Police Accountability Project filed. (Distributed)
01/18/2019Brief amicus curiae of Knight First Amendment Institute at Columbia University filed. (Distributed)
01/18/2019Brief amici curiae of New York County Lawyers Association filed. (Distributed)
01/18/2019Brief amici curiae of THE AMERICAN CIVIL LIBERTIES UNION, NEW YORK CIVIL LIBERTIES UNION, AND NATIONAL COALITION AGAINST CENSORSHIP, filed. (Distributed)
02/11/2019Reply of petitioners Manhattan Community Access Corporation, et al. filed. (Distributed)
02/25/2019Argued. For petitioners: Michael B. de Leeuw, New York, N. Y. For respondents: Paul W. Hughes, Washington, D. C.
06/17/2019Adjudged to be REVERSED IN PART and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined.
07/19/2019JUDGMENT ISSUED.