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Manhattan Community Access Corp. v. Halleck

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Docket No. Op. Below Argument Opinion Vote Author Term
17-1702 2d Cir. Feb 25, 2019 Jun 17, 2019 5-4 Kavanaugh OT 2018

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 Justice Kavanaugh on June 17, 2019. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 21 2018Petition for a writ of certiorari filed. (Response due July 25, 2018)
Jul 18 2018Motion to extend the time to file a response from July 25, 2018 to August 24, 2018, submitted to The Clerk.
Jul 18 2018Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2018.
Jul 20 2018Blanket Consent received from counsel for Petitioners, Manhattan Community Access Corporation, et al. filed.
Jul 25 2018Brief amicus curiae of The Cato Institute filed.
Jul 25 2018Motion for leave to file amicus brief filed by Chicago Access Corporation.
Aug 22 2018Brief of respondents Deedee Halleck, et al. in opposition filed.
Sep 04 2018Reply of petitioners Manhattan Community Access Corporation, et al. filed.
Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.
Oct 01 2018DISTRIBUTED for Conference of 10/5/2018.
Oct 09 2018DISTRIBUTED for Conference of 10/12/2018.
Oct 12 2018Motion for leave to file amicus brief filed by Chicago Access Corporation GRANTED.
Oct 12 2018Petition GRANTED.
Oct 24 2018Joint motion of the parties for an extension of time to file the briefs on the merits filed.
Nov 08 2018Joint supplement to motion for extension of time filed.
Nov 15 2018Joint 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 04 2018Brief of petitioners Manhattan Community Access Corporation, et al. filed.
Dec 04 2018Joint appendix filed.
Dec 11 2018Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
Dec 11 2018Brief amicus curiae of The Cato Institute filed.
Dec 11 2018Brief amicus curiae of Internet Association in support of neither party filed.
Dec 11 2018Brief amicus curiae of Chicago Access Corporation filed.
Dec 11 2018Brief amicus curiae of NCTA – The Internet & Television Association in support of neither party filed.
Dec 11 2018Brief amici curiae of Pacific Legal Foundation and TechFreedom filed.
Dec 11 2018Brief amicus curiae of Electronic Frontier Foundation in support of neither party filed.
Dec 21 2018SET FOR ARGUMENT on Monday, February 25, 2019.
Jan 11 2019Record requested from the U.S.C.A. 2nd Circuit.
Jan 11 2019Brief of respondents DeeDee Halleck, et al. filed. (Distributed)
Jan 14 2019Record request from the U.S.C.A. 2nd Circuit is electronic.
Jan 15 2019CIRCULATED
Jan 18 2019Brief amici curiae of The Alliance for Community Media, et al. filed. (Distributed)
Jan 18 2019Brief amicus curiae of National Police Accountability Project filed. (Distributed)
Jan 18 2019Brief amicus curiae of Knight First Amendment Institute at Columbia University filed. (Distributed)
Jan 18 2019Brief amici curiae of New York County Lawyers Association filed. (Distributed)
Jan 18 2019Brief amici curiae of THE AMERICAN CIVIL LIBERTIES UNION, NEW YORK CIVIL LIBERTIES UNION, AND NATIONAL COALITION AGAINST CENSORSHIP, filed. (Distributed)
Feb 11 2019Reply of petitioners Manhattan Community Access Corporation, et al. filed. (Distributed)
Feb 25 2019Argued. For petitioners: Michael B. de Leeuw, New York, N. Y. For respondents: Paul W. Hughes, Washington, D. C.
Jun 17 2019Adjudged 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 2019JUDGMENT ISSUED.