Lindke v. Freed
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-611 | 6th Cir. |
Oct 31, 2023 |
Mar 15, 2024 | 9-0 | Barrett | OT 2023 |
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 Justice Barrett on March 15, 2024.
SCOTUSblog Coverage
- Public officials can be held liable for blocking critics on social media (Amy Howe, March 15, 2024)
- Justices weigh rules for when public officials can block critics on social media (Amy Howe, October 31, 2023)
- Justices consider liability for officials who block critics on social media (Amy Howe, October 30, 2023)
- Major Second and First Amendment cases headline November sitting (Amy Howe, October 26, 2023)
- Supreme Court sets seven cases for November argument session (Amy Howe, September 6, 2023)
- Justices add two cases on liability of officials who block critics on social media (Amy Howe, April 24, 2023)
- Is it unconstitutional for an elected official to block critics on social media? (John Elwood, April 20, 2023)
| Date | Proceedings and Orders |
|---|---|
| Oct 04 2022 | Application (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 07 2022 | Application (22A291) granted by Justice Kavanaugh extending the time to file until January 2, 2023. |
| Dec 29 2022 | Petition for a writ of certiorari filed. (Response due February 3, 2023) |
| Jan 18 2023 | Motion to extend the time to file a response from February 3, 2023 to March 3, 2023, submitted to The Clerk. |
| Jan 19 2023 | Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2023. |
| Mar 03 2023 | Brief of respondent James R. Freed in opposition filed. |
| Mar 20 2023 | Reply of petitioner Kevin Lindke filed. (Distributed) |
| Mar 22 2023 | DISTRIBUTED for Conference of 4/14/2023. |
| Apr 17 2023 | DISTRIBUTED for Conference of 4/21/2023. |
| Apr 24 2023 | Petition GRANTED. |
| May 01 2023 | Motion for an extension of time to file the briefs on the merits filed. |
| May 08 2023 | Motion 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 2023 | Brief of petitioner Kevin Lindke filed. |
| Jun 23 2023 | Joint appendix filed. (Statement of costs filed) |
| Jun 30 2023 | Brief amicus curiae of The NRSC (also in 22-324) filed. VIDED. |
| Jun 30 2023 | Brief amici curiae of Amicus First Amendment Clinics, Citizens and Journalists filed. |
| Jun 30 2023 | Brief amici curiae of The American Civil Liberties Union and the ACLU of Michigan filed. |
| Jun 30 2023 | Brief amici curiae of NetChoice, et al. filed. |
| Jun 30 2023 | Brief amicus curiae of American Atheists, Inc. filed. |
| Jun 30 2023 | Brief amicus curiae of Foundation for Individual Rights and Expression filed. |
| Jun 30 2023 | Brief amici curiae of Local Government Legal Center, et al. supporting neither party. |
| Jun 30 2023 | Brief amici curiae of Electronic Frontier Foundation, et al. filed. (Reprinted and resubmitted on 7/13/23). |
| Jun 30 2023 | Brief amici curiae of Electronic Frontier Foundation, et al. filed (also in 22-324). VIDED. |
| Aug 08 2023 | Brief of respondent James R. Freed filed. |
| Aug 09 2023 | Brief amici curiae of Tennessee, et al. filed. |
| Aug 15 2023 | Brief amicus curiae of United States filed. |
| Aug 15 2023 | Brief amicus curiae of Texas filed. |
| Aug 15 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Sep 06 2023 | SET FOR ARGUMENT on Tuesday, October 31, 2023. |
| Sep 06 2023 | Record requested from the United States Court of Appeals for the Sixth Circuit. |
| Sep 06 2023 | CIRCULATED. |
| Sep 07 2023 | Record received electronically from the United States Court of Appeals for the Sixth Circuit. The remainder of the record is available on PACER. |
| Sep 07 2023 | Reply of petitioner Kevin Lindke filed. (Distributed) |
| Oct 02 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 31 2023 | Argued. 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 2024 | Judgment VACATED and case REMANDED. Barrett, J., delivered the opinion for a unanimous Court. |
| Apr 16 2024 | Judgment Issued. |
