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Manhattan Community Access Corp. v. Halleck

Docket No.17-1702
Op. Below2d Cir.
ArgumentFeb 25, 2019

Holding

Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.

Judgment

Reversed in part and remanded, 5-4, in an opinion by Brett Kavanaugh on Jun 17, 2019. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer and Kagan joined.

Proceedings & orders timeline

Jun 21, 2018
Petition for a writ of certiorari filed. (Response due July 25, 2018)
Jul 18, 2018
Motion to extend the time to file a response from July 25, 2018 to August 24, 2018, submitted to The Clerk.
Jul 18, 2018
Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2018.
Jul 20, 2018
Blanket Consent received from counsel for Petitioners, Manhattan Community Access Corporation, et al. filed.
Jul 25, 2018
Brief amicus curiae of The Cato Institute filed.
Jul 25, 2018
Motion for leave to file amicus brief filed by Chicago Access Corporation.
Aug 22, 2018
Brief of respondents Deedee Halleck, et al. in opposition filed.
Sep 4, 2018
Reply of petitioners Manhattan Community Access Corporation, et al. filed.
Sep 5, 2018
DISTRIBUTED for Conference of 9/24/2018.
Oct 1, 2018
DISTRIBUTED for Conference of 10/5/2018.
Oct 9, 2018
DISTRIBUTED for Conference of 10/12/2018.
Oct 12, 2018
Motion for leave to file amicus brief filed by Chicago Access Corporation GRANTED.
Oct 12, 2018
Petition GRANTED.
Oct 24, 2018
Joint motion of the parties for an extension of time to file the briefs on the merits filed.
Nov 8, 2018
Joint supplement to motion for extension of time filed.
Nov 15, 2018
Joint motion of the parties to file the brief on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 4, 2018. The time to file respondents' brief on the merits is extended to and including January 11, 2019. The reply brief is to be filed in compliance with Rule 25.3.
Dec 4, 2018
Brief of petitioners Manhattan Community Access Corporation, et al. filed.
Dec 4, 2018
Joint appendix filed.
Dec 11, 2018
Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
Dec 11, 2018
Brief amicus curiae of The Cato Institute filed.
Dec 11, 2018
Brief amicus curiae of Internet Association in support of neither party filed.
Dec 11, 2018
Brief amicus curiae of Chicago Access Corporation filed.
Dec 11, 2018
Brief amicus curiae of NCTA – The Internet & Television Association in support of neither party filed.
Dec 11, 2018
Brief amici curiae of Pacific Legal Foundation and TechFreedom filed.
Dec 11, 2018
Brief amicus curiae of Electronic Frontier Foundation in support of neither party filed.
Dec 21, 2018
SET FOR ARGUMENT on Monday, February 25, 2019.
Jan 11, 2019
Record requested from the U.S.C.A. 2nd Circuit.
Jan 11, 2019
Brief of respondents DeeDee Halleck, et al. filed. (Distributed)
Jan 14, 2019
Record request from the U.S.C.A. 2nd Circuit is electronic.
Jan 15, 2019
CIRCULATED
Jan 18, 2019
Brief amici curiae of The Alliance for Community Media, et al. filed. (Distributed)
Jan 18, 2019
Brief amicus curiae of National Police Accountability Project filed. (Distributed)
Jan 18, 2019
Brief amicus curiae of Knight First Amendment Institute at Columbia University filed. (Distributed)
Jan 18, 2019
Brief amici curiae of New York County Lawyers Association filed. (Distributed)
Jan 18, 2019
Brief amici curiae of THE AMERICAN CIVIL LIBERTIES UNION, NEW YORK CIVIL LIBERTIES UNION, AND NATIONAL COALITION AGAINST CENSORSHIP, filed. (Distributed)
Feb 11, 2019
Reply of petitioners Manhattan Community Access Corporation, et al. filed. (Distributed)
Feb 25, 2019
Argued. For petitioners: Michael B. de Leeuw, New York, N. Y. For respondents: Paul W. Hughes, Washington, D. C.
Jun 17, 2019
Adjudged to be REVERSED IN PART and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined.
Jul 19, 2019
JUDGMENT ISSUED.

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