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Reed v. Town of Gilbert, Arizona

Docket No.13-502
Op. Below9th Cir.
ArgumentJan 12, 2015

Holding

The provisions of a municipality"s sign code that impose more stringent restrictions on signs directing the public to the meeting of a non-profit group than on signs conveying other messages are content-based regulations of speech that cannot survive strict scrutiny.

Judgment

Reversed and remanded, 9-0, in an opinion by Clarence Thomas on Jun 18, 2015. Justice Alito filed a concurring opinion in which Justices Kennedy and Sotomayor joined. Justice Breyer filed an opinion concurring in the judgment. Justice Kagan filed an opinion concurring in the judgment, in which Justices Ginsburg and Breyer joined.

Proceedings & orders timeline

Oct 21, 2013
Petition for a writ of certiorari filed. (Response due November 20, 2013)
Oct 31, 2013
Waiver of right of respondents Town of Gilbert, Arizona, et al. to respond filed.
Nov 19, 2013
Motion for leave to file amici brief filed by Professors Ashutosh Bhagwat, et al.
Nov 26, 2013
DISTRIBUTED for Conference of December 13, 2013.
Nov 26, 2013
Response Requested . (Due December 26, 2013)
Dec 14, 2013
Order extending time to file response to petition to and including February 24, 2014.
Feb 19, 2014
Brief of respondents Town of Gilbert, Arizona, and Adam Adams in opposition filed.
Mar 5, 2014
DISTRIBUTED for Conference of March 21, 2014.
Mar 5, 2014
Reply of petitioners Clyde Reed, et al. filed. (Distributed)
Jun 30, 2014
DISTRIBUTED for Conference of June 30, 2014.
Jul 1, 2014
Motion for leave to file amici brief filed by Professors Ashutosh Bhagwat, et al. GRANTED.
Jul 1, 2014
Petition GRANTED.
Jul 9, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 18, 2014
The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 15, 2014.
Aug 1, 2014
The time to file respondents' brief on the merits is extended to and including October 31, 2014.
Sep 2, 2014
The time to file respondents' brief on the merits is further extended to and including November 14, 2014.
Sep 15, 2014
Joint appendix filed. (Statement of costs filed.)
Sep 15, 2014
Brief of petitioners Clyde Reed, et al. filed.
Sep 22, 2014
Brief amicus curiae of the United States filed.
Sep 22, 2014
Brief amicus curiae of General Conference of Seventh-Day Adventists filed.
Sep 22, 2014
Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Sep 22, 2014
Brief amicus curiae of Justice and Freedom Fund filed.
Sep 22, 2014
Brief amici curiae of Christian Legal Society, et al. filed.
Sep 22, 2014
Brief amici curiae of Robert Wilson, et al. filed.
Sep 22, 2014
Brief amici curiae of State of West Virginia, et al. filed.
Sep 22, 2014
Brief amicus curiae of Pacific Legal Foundation filed.
Sep 22, 2014
Brief amicus curiae of Family Research Council filed.
Sep 22, 2014
Brief amici curiae of Liberty Counsel and National Hispanic Christian Leadership Council filed.
Sep 22, 2014
Brief amicus curiae of Christian Life Commission of the Missouri Baptist Convention filed.
Sep 22, 2014
Brief amicus curiae of The American Center for Law and Justice filed.
Oct 9, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 14, 2014
Brief of respondents Town of Gilbert, Arizona, et al. filed.
Nov 21, 2014
SET FOR ARGUMENT ON Monday, January 12, 2015.
Nov 21, 2014
Brief amici curiae of National League of Cities, et al., filed.
Dec 2, 2014
CIRCULATED.
Dec 2, 2014
Record requested from U.S.C.A. 9th Circuit.
Dec 2, 2014
Record received from U.S.C.A. 9th Circuit, the record is electronic and located on PACER.
Dec 2, 2014
Record received from U.S.D.C. District of Arizona, the record is electronic and located on PACER.
Dec 15, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 15, 2014
Reply of petitioners Clyde Reed, et al. filed. (Distributed)
Jan 12, 2015
Argued. For petitioners: David A. Cortman, Lawrenceville, Ga. For United States as amicus curiae: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Philip W. Savrin, Atlanta, Ga.
Mar 3, 2015
Letter from counsel for the petitioners filed. (Distributed)
Jun 18, 2015
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Alito, and Sotomayor, JJ., joined. Alito, J., filed a concurring opinion, in which Kennedy and Sotomayor, JJ., joined. Breyer, J., filed an opinion concurring in the judgment. Kagan, J., filed an opinion concurring in the judgment, in which Ginsburg and Breyer, JJ., joined.
Jul 20, 2015
JUDGMENT ISSUED.

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