Skip to content

Speech First, Inc. v. Sands

Petition for writ of certiorari granted, judgment with respect to the Bias Policy claims vacated, and case remanded to the U.S. Court of Appeals for the 4th Circuit with instructions to dismiss those claims as moot under United States v. Munsingwear, Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
23-156 4th Cir. N/A N/A N/A N/A OT 2023

Issue: Whether university bias-response teams " official entities that solicit, track, and investigate reports of bias; ask to meet with perpetrators; and threaten to refer students for formal discipline " objectively chill students" speech in violation of the First Amendment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
08/14/2023Petition for a writ of certiorari filed. (Response due September 18, 2023)
08/30/2023Motion to extend the time to file a response from September 18, 2023 to October 18, 2023, submitted to The Clerk.
08/31/2023Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2023.
09/14/2023Brief amicus curiae of Foundation for Moral Law filed.
09/15/2023Brief amicus curiae of Southeastern Legal Foundation filed.
09/15/2023Brief amici curiae of Liberty Justice Center filed.
09/18/2023Brief amicus curiae of Foundation for Individual Rights and Expression filed.
09/18/2023Brief amicus curiae of The Buckeye Institute filed.
09/18/2023Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed.
09/18/2023Brief amicus curiae of Parents Defending Education filed.
09/18/2023Brief amici curiae of Americans for Prosperity Foundation, et al. filed.
09/18/2023Brief amici curiae of Alumni Free Speech Alliance, et al. filed.
09/18/2023Brief amici curiae of Alliance Defending Freedom, et al. filed.
10/18/2023Brief of respondent Timothy Sands, in his individual capacity and official capacity as President of Virginia Polytechnic Institute, et al. in response filed.
10/18/2023Lodging proposal letter under Rule 32.3 of respondent filed.
10/26/2023Reply of petitioner Speech First, Inc. filed.
11/01/2023DISTRIBUTED for Conference of 11/17/2023.
11/27/2023DISTRIBUTED for Conference of 12/1/2023.
12/01/2023Rescheduled.
12/01/2023DISTRIBUTED for Conference of 12/8/2023.
01/02/2024DISTRIBUTED for Conference of 1/5/2024.
01/08/2024DISTRIBUTED for Conference of 1/12/2024.
01/16/2024DISTRIBUTED for Conference of 1/19/2024.
02/09/2024DISTRIBUTED for Conference of 2/16/2024.
02/20/2024DISTRIBUTED for Conference of 2/23/2024.
02/26/2024DISTRIBUTED for Conference of 3/1/2024.
03/04/2024Petition GRANTED. The judgment with respect to the Bias Policy claims is VACATED, and the case is remanded to the United States Court of Appeals for the Fourth Circuit with instructions to dismiss those claims as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Justice Jackson, dissenting: I would deny the petition. In my view, the party seeking vacatur has not established equitable entitlement to that remedy. See Acheson Hotels, LLC v. Laufer, 601 U. S. ___ (2023) (Jackson, J., concurring in the judgment). Justice Thomas, with whom Justice Alito joins, dissenting. (Detached Opinion).
04/05/2024Judgment Issued.