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 (key to color coding)
10/04/2022	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.
10/07/2022	Application (22A291) granted by Justice Kavanaugh extending the time to file until January 2, 2023.
12/29/2022	Petition for a writ of certiorari filed. (Response due February 3, 2023)
01/18/2023	Motion to extend the time to file a response from February 3, 2023 to March 3, 2023, submitted to The Clerk.
01/19/2023	Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2023.
03/03/2023	Brief of respondent James R. Freed in opposition filed.
03/20/2023	Reply of petitioner Kevin Lindke filed. (Distributed)
03/22/2023	DISTRIBUTED for Conference of 4/14/2023.
04/17/2023	DISTRIBUTED for Conference of 4/21/2023.
04/24/2023	Petition GRANTED.
05/01/2023	Motion for an extension of time to file the briefs on the merits filed.
05/08/2023	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.
06/23/2023	Brief of petitioner Kevin Lindke filed.
06/23/2023	Joint appendix filed. (Statement of costs filed)
06/30/2023	Brief amicus curiae of The NRSC (also in 22-324) filed. VIDED.
06/30/2023	Brief amici curiae of Amicus First Amendment Clinics, Citizens and Journalists filed.
06/30/2023	Brief amici curiae of The American Civil Liberties Union and the ACLU of Michigan filed.
06/30/2023	Brief amici curiae of NetChoice, et al. filed.
06/30/2023	Brief amicus curiae of American Atheists, Inc. filed.
06/30/2023	Brief amicus curiae of Foundation for Individual Rights and Expression filed.
06/30/2023	Brief amici curiae of Local Government Legal Center, et al. supporting neither party.
06/30/2023	Brief amici curiae of Electronic Frontier Foundation, et al. filed. (Reprinted and resubmitted on 7/13/23).
06/30/2023	Brief amici curiae of Electronic Frontier Foundation, et al. filed (also in 22-324). VIDED.
08/08/2023	Brief of respondent James R. Freed filed.
08/09/2023	Brief amici curiae of Tennessee, et al. filed.
08/15/2023	Brief amicus curiae of United States filed.
08/15/2023	Brief amicus curiae of Texas filed.
08/15/2023	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
09/06/2023	SET FOR ARGUMENT on Tuesday, October 31, 2023.
09/06/2023	Record requested from the United States Court of Appeals for the Sixth Circuit.
09/06/2023	CIRCULATED.
09/07/2023	Record received electronically from the United States Court of Appeals for the Sixth Circuit. The remainder of the record is available on PACER.
09/07/2023	Reply of petitioner Kevin Lindke filed. (Distributed)
10/02/2023	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/31/2023	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.)
03/15/2024	Judgment VACATED and case REMANDED. Barrett, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-611_ap6c.pdf'>opinion</a> for a unanimous Court.
04/16/2024	Judgment Issued.