Lindke v. Freed
Holding
A public official who prevents someone from commenting on the official's social-media page engages in state action under 42 U.S.C. § 1983 only if the official both (1) possessed actual authority to speak on the state's behalf on a particular matter, and (2) purported to exercise that authority when speaking in the relevant social-media posts.
Judgment
Vacated and remanded, 9-0, in an opinion by Amy Coney Barrett on Mar 15, 2024.
Oct 4, 2022Application (22A291) to extend the time to file a petition for a writ of certiorari from November 3, 2022 to January 2, 2023, submitted to Justice Kavanaugh.
Oct 7, 2022Application (22A291) granted by Justice Kavanaugh extending the time to file until January 2, 2023.
Dec 29, 2022Petition for a writ of certiorari filed. (Response due February 3, 2023)Jan 18, 2023Motion to extend the time to file a response from February 3, 2023 to March 3, 2023, submitted to The Clerk.Jan 19, 2023Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2023.
Mar 3, 2023Brief of respondent James R. Freed in opposition filed.Mar 20, 2023Reply of petitioner Kevin Lindke filed. (Distributed)Mar 22, 2023DISTRIBUTED for Conference of 4/14/2023.
Apr 17, 2023DISTRIBUTED for Conference of 4/21/2023.
Apr 24, 2023Petition GRANTED.
May 1, 2023Motion for an extension of time to file the briefs on the merits filed.May 8, 2023Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 23, 2023. The time to file respondent's brief on the merits is extended to and including August 8, 2023.
Jun 23, 2023Brief of petitioner Kevin Lindke filed.Jun 23, 2023Joint appendix filed. (Statement of costs filed)Jun 30, 2023Brief amicus curiae of The NRSC (also in 22-324) filed. VIDED.Jun 30, 2023Brief amici curiae of Amicus First Amendment Clinics, Citizens and Journalists filed.Jun 30, 2023Brief amici curiae of The American Civil Liberties Union and the ACLU of Michigan filed.Jun 30, 2023Brief amici curiae of NetChoice, et al. filed.Jun 30, 2023Brief amicus curiae of American Atheists, Inc. filed.Jun 30, 2023Brief amicus curiae of Foundation for Individual Rights and Expression filed.Jun 30, 2023Brief amici curiae of Local Government Legal Center, et al. supporting neither party.Jun 30, 2023Brief amici curiae of Electronic Frontier Foundation, et al. filed. (Reprinted and resubmitted on 7/13/23).
Jun 30, 2023Brief amici curiae of Electronic Frontier Foundation, et al. filed (also in 22-324). VIDED.Aug 8, 2023Brief of respondent James R. Freed filed.Aug 9, 2023Brief amici curiae of Tennessee, et al. filed.Aug 15, 2023Brief amicus curiae of United States filed.Aug 15, 2023Brief amicus curiae of Texas filed.Aug 15, 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Sep 6, 2023SET FOR ARGUMENT on Tuesday, October 31, 2023.
Sep 6, 2023Record requested from the United States Court of Appeals for the Sixth Circuit.
Sep 6, 2023CIRCULATED.
Sep 7, 2023Record received electronically from the United States Court of Appeals for the Sixth Circuit. The remainder of the record is available on PACER.
Sep 7, 2023Reply of petitioner Kevin Lindke filed. (Distributed)Oct 2, 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 31, 2023Argued. For petitioner: Allon Kedem, Washington, D. C. For respondent: Victoria R. Ferres, Port Huron, Mich.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Mar 15, 2024Judgment VACATED and case REMANDED. Barrett, J., delivered the opinion for a unanimous Court.
Apr 16, 2024Judgment Issued.Recommended Citation: Lindke v. Freed, SCOTUSblog, https://www.scotusblog.com/cases/lindke-v-freed/