Packingham v. North Carolina
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-1194 | N.C. | Feb 27, 2017 | Jun 19, 2017 | 8-0 | Kennedy | OT 2016 |
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
- Opinion analysis: Court invalidates ban on social media for sex offenders (Amy Howe, June 19, 2017)
- A "view" from the courtroom: A clash of laws (Mark Walsh, June 19, 2017)
- Argument analysis: Justices skeptical about social media restrictions for sex offenders (Amy Howe, February 27, 2017)
- Argument preview: Court to consider social media access for sex offenders (Amy Howe, February 24, 2017)
- Court adds five new cases, including transgender bathroom dispute, to docket (Amy Howe, October 28, 2016)
| Date | Proceedings and Orders |
|---|---|
| 01/15/2016 | 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. |
| 01/20/2016 | Application (15A757) granted by The Chief Justice extending the time to file until March 21, 2016. |
| 03/21/2016 | Petition for a writ of certiorari filed. (Response due April 22, 2016) |
| 04/06/2016 | Waiver of right of respondent North Carolina to respond filed. |
| 04/19/2016 | DISTRIBUTED for Conference of May 12, 2016. |
| 04/20/2016 | Brief amici curiae of Profs. Ashutosh Bhagwat, et al. filed. (Distributed) |
| 04/28/2016 | Response Requested . (Due May 31, 2016) |
| 05/26/2016 | Order extending time to file response to petition to and including June 30, 2016. |
| 06/30/2016 | Brief of respondent North Carolina in opposition filed. |
| 07/20/2016 | DISTRIBUTED for Conference of September 26, 2016. |
| 07/22/2016 | Reply of petitioner Lester Gerard Packingham filed. (Distributed) |
| 10/03/2016 | DISTRIBUTED for Conference of October 7, 2016. |
| 10/11/2016 | DISTRIBUTED for Conference of October 14, 2016. |
| 10/24/2016 | DISTRIBUTED for Conference of October 28, 2016. |
| 10/28/2016 | Petition GRANTED. |
| 11/16/2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the respondent. |
| 11/18/2016 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 15, 2016. |
| 12/12/2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner. |
| 12/15/2016 | Brief of petitioner Lester Gerard Packingham filed. |
| 12/15/2016 | Joint appendix filed. (Statement of costs filed) |
| 12/21/2016 | Brief amici curiae of The Reporters Committee for Freedom of the Press and the Thomas Jefferson Center for Protection of Free Expression filed. |
| 12/22/2016 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. |
| 12/22/2016 | Brief amici curiae of Cato Institute, et al. filed. |
| 12/22/2016 | SET FOR ARGUMENT on Monday, February 27, 2017. |
| 12/22/2016 | Brief amici curiae of Association for the Treatment of Sexual Abusers, et al. filed. |
| 12/22/2016 | Brief amici curiae of Electronic Frontier Foundation, et al. filed. |
| 12/22/2016 | Brief amici curiae of Electronic Privacy Information Center (EPIC), et al. filed. |
| 12/30/2016 | Record requested from the Supreme Court of North Carolina |
| 01/17/2017 | Brief of respondent North Carolina filed. (Distributed) |
| 01/18/2017 | CIRCULATED. |
| 01/23/2017 | Brief amici curiae of State of Louisiana,and Twelve Other States filed. (Distributed) |
| 01/24/2017 | Brief amici curiae of Stop Child Predators, and Shared Hope International filed. (Distributed) |
| 01/24/2017 | Brief amici curiae of Council of State Governments, et al. filed. |
| 01/31/2017 | Record received from the Supreme Court of North Carolina and North Carolina Court of Appeals. The record is electronic. |
| 02/16/2017 | Reply of petitioner Lester Gerard Packingham filed. (Distributed) |
| 02/27/2017 | Argued. For petitioner: David T. Goldberg, Stanford, Cal. For respondent: Robert C. Montgomery, Senior Deputy Attorney General, Raleigh, N. C. |
| 06/19/2017 | 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. |
| 07/21/2017 | MANDATE ISSUED. |
| 07/21/2017 | JUDGMENT ISSUED. |