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Packingham v. North Carolina

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Docket No. Op. Below Argument Opinion Vote Author Term
15-1194 N.C. Feb 27, 2017 Jun 19, 2017 8-0 Kennedy OT 2016

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, was among the counsel to the petitioner at the cert stage in this case.

Holding: The North Carolina statute, which makes it a felony for a registered sex offender "to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages," impermissibly restricts lawful speech in violation of the First Amendment.

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Kennedy on June 19, 2017. Justice Alito filed an opinion concurring in the judgment, in which Chief Justice Roberts and Justice Thomas joined. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 15 2016Application (15A757) to extend the time to file a petition for a writ of certiorari from February 4, 2016 to March 21, 2016, submitted to The Chief Justice.
Jan 20 2016Application (15A757) granted by The Chief Justice extending the time to file until March 21, 2016.
Mar 21 2016Petition for a writ of certiorari filed. (Response due April 22, 2016)
Apr 6 2016Waiver of right of respondent North Carolina to respond filed.
Apr 19 2016DISTRIBUTED for Conference of May 12, 2016.
Apr 20 2016Brief amici curiae of Profs. Ashutosh Bhagwat, et al. filed. (Distributed)
Apr 28 2016Response Requested . (Due May 31, 2016)
May 26 2016Order extending time to file response to petition to and including June 30, 2016.
Jun 30 2016Brief of respondent North Carolina in opposition filed.
Jul 20 2016DISTRIBUTED for Conference of September 26, 2016.
Jul 22 2016Reply of petitioner Lester Gerard Packingham filed. (Distributed)
Oct 3 2016DISTRIBUTED for Conference of October 7, 2016.
Oct 11 2016DISTRIBUTED for Conference of October 14, 2016.
Oct 24 2016DISTRIBUTED for Conference of October 28, 2016.
Oct 28 2016Petition GRANTED.
Nov 16 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the respondent.
Nov 18 2016The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 15, 2016.
Dec 12 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner.
Dec 15 2016Brief of petitioner Lester Gerard Packingham filed.
Dec 15 2016Joint appendix filed. (Statement of costs filed)
Dec 21 2016Brief amici curiae of The Reporters Committee for Freedom of the Press and the Thomas Jefferson Center for Protection of Free Expression filed.
Dec 22 2016Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
Dec 22 2016Brief amici curiae of Cato Institute, et al. filed.
Dec 22 2016SET FOR ARGUMENT on Monday, February 27, 2017.
Dec 22 2016Brief amici curiae of Association for the Treatment of Sexual Abusers, et al. filed.
Dec 22 2016Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Dec 22 2016Brief amici curiae of Electronic Privacy Information Center (EPIC), et al. filed.
Dec 30 2016Record requested from the Supreme Court of North Carolina
Jan 17 2017Brief of respondent North Carolina filed. (Distributed)
Jan 18 2017CIRCULATED.
Jan 23 2017Brief amici curiae of State of Louisiana,and Twelve Other States filed. (Distributed)
Jan 24 2017Brief amici curiae of Stop Child Predators, and Shared Hope International filed. (Distributed)
Jan 24 2017Brief amici curiae of Council of State Governments, et al. filed.
Jan 31 2017Record received from the Supreme Court of North Carolina and North Carolina Court of Appeals. The record is electronic.
Feb 16 2017Reply of petitioner Lester Gerard Packingham filed. (Distributed)
Feb 27 2017Argued. For petitioner: David T. Goldberg, Stanford, Cal. For respondent: Robert C. Montgomery, Senior Deputy Attorney General, Raleigh, N. C.
Jun 19 2017Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in the judgment, in which Roberts, C. J., and Thomas, J., joined. Gorsuch, J., took no part in the consideration or decision of the case.
Jul 21 2017MANDATE ISSUED.
Jul 21 2017JUDGMENT ISSUED.