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Speech First, Inc. v. Sands

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Petition for writ of certiorari granted, judgment with respect to the Bias Policy claims vacated, and case remanded to the U.S. Court of Appeals for the 4th Circuit with instructions to dismiss those claims as moot under United States v. Munsingwear, Inc.
Docket No. Op. Below Argument Opinion Vote Author Term
23-156 4th Cir. N/A N/A N/A N/A OT 2023

Issue: Whether university bias-response teams — official entities that solicit, track, and investigate reports of bias; ask to meet with perpetrators; and threaten to refer students for formal discipline — objectively chill students’ speech in violation of the First Amendment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 14 2023Petition for a writ of certiorari filed. (Response due September 18, 2023)
Aug 30 2023Motion to extend the time to file a response from September 18, 2023 to October 18, 2023, submitted to The Clerk.
Aug 31 2023Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2023.
Sep 14 2023Brief amicus curiae of Foundation for Moral Law filed.
Sep 15 2023Brief amicus curiae of Southeastern Legal Foundation filed.
Sep 15 2023Brief amici curiae of Liberty Justice Center filed.
Sep 18 2023Brief amicus curiae of Foundation for Individual Rights and Expression filed.
Sep 18 2023Brief amicus curiae of The Buckeye Institute filed.
Sep 18 2023Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed.
Sep 18 2023Brief amicus curiae of Parents Defending Education filed.
Sep 18 2023Brief amici curiae of Americans for Prosperity Foundation, et al. filed.
Sep 18 2023Brief amici curiae of Alumni Free Speech Alliance, et al. filed.
Sep 18 2023Brief amici curiae of Alliance Defending Freedom, et al. filed.
Oct 18 2023Brief of respondent Timothy Sands, in his individual capacity and official capacity as President of Virginia Polytechnic Institute, et al. in response filed.
Oct 18 2023Lodging proposal letter under Rule 32.3 of respondent filed.
Oct 26 2023Reply of petitioner Speech First, Inc. filed.
Nov 01 2023DISTRIBUTED for Conference of 11/17/2023.
Nov 27 2023DISTRIBUTED for Conference of 12/1/2023.
Dec 01 2023Rescheduled.
Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
Jan 02 2024DISTRIBUTED for Conference of 1/5/2024.
Jan 08 2024DISTRIBUTED for Conference of 1/12/2024.
Jan 16 2024DISTRIBUTED for Conference of 1/19/2024.
Feb 09 2024DISTRIBUTED for Conference of 2/16/2024.
Feb 20 2024DISTRIBUTED for Conference of 2/23/2024.
Feb 26 2024DISTRIBUTED for Conference of 3/1/2024.
Mar 04 2024Petition GRANTED. The judgment with respect to the Bias Policy claims is VACATED, and the case is remanded to the United States Court of Appeals for the Fourth Circuit with instructions to dismiss those claims as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Justice Jackson, dissenting: I would deny the petition. In my view, the party seeking vacatur has not established equitable entitlement to that remedy. See Acheson Hotels, LLC v. Laufer, 601 U. S. ___ (2023) (Jackson, J., concurring in the judgment). Justice Thomas, with whom Justice Alito joins, dissenting. (Detached Opinion).
Apr 05 2024Judgment Issued.