Packingham v. North Carolina
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-1194 | N.C. |
Feb 27, 2017 Tr.Aud. |
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
- A "view" from the courtroom: A clash of laws (Mark Walsh)
- Opinion analysis: Court invalidates ban on social media for sex offenders (Amy Howe)
- Argument analysis: Justices skeptical about social media restrictions for sex offenders (Amy Howe)
- Argument preview: Court to consider social media access for sex offenders (Amy Howe)
- Court adds five new cases, including transgender bathroom dispute, to docket (Amy Howe)
| Date | Proceedings and Orders |
|---|---|
| Jan 15 2016 | Application (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 2016 | Application (15A757) granted by The Chief Justice extending the time to file until March 21, 2016. |
| Mar 21 2016 | Petition for a writ of certiorari filed. (Response due April 22, 2016) |
| Apr 6 2016 | Waiver of right of respondent North Carolina to respond filed. |
| Apr 19 2016 | DISTRIBUTED for Conference of May 12, 2016. |
| Apr 20 2016 | Brief amici curiae of Profs. Ashutosh Bhagwat, et al. filed. (Distributed) |
| Apr 28 2016 | Response Requested . (Due May 31, 2016) |
| May 26 2016 | Order extending time to file response to petition to and including June 30, 2016. |
| Jun 30 2016 | Brief of respondent North Carolina in opposition filed. |
| Jul 20 2016 | DISTRIBUTED for Conference of September 26, 2016. |
| Jul 22 2016 | Reply of petitioner Lester Gerard Packingham filed. (Distributed) |
| Oct 3 2016 | DISTRIBUTED for Conference of October 7, 2016. |
| Oct 11 2016 | DISTRIBUTED for Conference of October 14, 2016. |
| Oct 24 2016 | DISTRIBUTED for Conference of October 28, 2016. |
| Oct 28 2016 | Petition GRANTED. |
| Nov 16 2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the respondent. |
| Nov 18 2016 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 15, 2016. |
| Dec 12 2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner. |
| Dec 15 2016 | Brief of petitioner Lester Gerard Packingham filed. |
| Dec 15 2016 | Joint appendix filed. (Statement of costs filed) |
| Dec 21 2016 | Brief amici curiae of The Reporters Committee for Freedom of the Press and the Thomas Jefferson Center for Protection of Free Expression filed. |
| Dec 22 2016 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. |
| Dec 22 2016 | Brief amici curiae of Cato Institute, et al. filed. |
| Dec 22 2016 | SET FOR ARGUMENT on Monday, February 27, 2017. |
| Dec 22 2016 | Brief amici curiae of Association for the Treatment of Sexual Abusers, et al. filed. |
| Dec 22 2016 | Brief amici curiae of Electronic Frontier Foundation, et al. filed. |
| Dec 22 2016 | Brief amici curiae of Electronic Privacy Information Center (EPIC), et al. filed. |
| Dec 30 2016 | Record requested from the Supreme Court of North Carolina |
| Jan 17 2017 | Brief of respondent North Carolina filed. (Distributed) |
| Jan 18 2017 | CIRCULATED. |
| Jan 23 2017 | Brief amici curiae of State of Louisiana,and Twelve Other States filed. (Distributed) |
| Jan 24 2017 | Brief amici curiae of Stop Child Predators, and Shared Hope International filed. (Distributed) |
| Jan 24 2017 | Brief amici curiae of Council of State Governments, et al. filed. |
| Jan 31 2017 | Record received from the Supreme Court of North Carolina and North Carolina Court of Appeals. The record is electronic. |
| Feb 16 2017 | Reply of petitioner Lester Gerard Packingham filed. (Distributed) |
| Feb 27 2017 | Argued. For petitioner: David T. Goldberg, Stanford, Cal. For respondent: Robert C. Montgomery, Senior Deputy Attorney General, Raleigh, N. C. |
| Jun 19 2017 | Judgment 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 2017 | MANDATE ISSUED. |
| Jul 21 2017 | JUDGMENT ISSUED. |
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