O'Connor-Ratcliff v. Garnier, 601 U.S. ___ (2024)
Two members of the Poway Unified School District Board of Trustees used their public Facebook pages to post content related to their positions, while also communicating with their constituents there. The Facebook pages indicated their official positions. One member also operated a public Twitter page similarly. A couple with children attending schools in the school district posted numerous comments on the social media posts of the Trustees. The Trustees deleted the comments and eventually blocked the couple from commenting. The couple sued for an alleged First Amendment violation under 42 U.S.C. §1983.
The trial court ruled that the trustees had acted under color of state law in blocking the couple. The Ninth Circuit affirmed, finding that there was a close nexus between their use of the social media pages and their official positions.
The Supreme Court vacated the Ninth Circuit's judgment, explaining that it had developed a different approach to this issue in a companion case that it had used to resolve a Circuit split. It remanded the case to the Ninth Circuit for further proceedings consistent with the opinion in the companion case.
The Supreme Court sent a 42 U.S.C. §1983 case back to the Ninth Circuit with instructions to follow an approach that the Supreme Court developed in a companion case.
Judgment VACATED and case REMANDED for further proceedings consistent with the opinion in Lindke v. Freed, 601 U. S. ____ (2024). Opinion per curiam. |
Argued. For petitioners: Hashim M. Mooppan, Washington, D. C.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Pamela S. Karlan, Stanford, Cal. |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and available on PACER. |
Record from the United States District Court for the Southern District of California received electronically and available with the Clerk. Sealed material available with the Clerk. |
Reply of Michelle O’Connor-Ratcliff and T.J. Zane submitted. |
Reply of petitioners Michelle O’Connor-Ratcliff, et al. filed. (Distributed) |
SET FOR ARGUMENT on Tuesday, October 31, 2023. |
Record requested from the United States Court of Appeals for the Ninth Circuit. |
CIRCULATED. |
Brief amicus curiae of Manhattan Institute filed. |
Amicus brief of First Amendment Clinics, Citizens and Journalists submitted. |
Amicus brief of Protect The First Foundation submitted. |
Amicus brief of THE AMERICAN CIVIL LIBERTIES UNION FOUNDATION, THE AMERICAN CIVIL LIBERTIES UNION OF SOUTHERN CALIFORNIA, AND THE AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA submitted. |
Amicus brief of Foundation for Individual Rights and Expression submitted. |
Amicus brief of Manhattan Institute submitted. |
Amicus brief of American Atheists, Inc. submitted. |
Motion of United States for leave to participate in oral argument and for divided argument submitted. |
Brief amicus curiae of Protect The First Foundation filed. |
Brief amici curiae of First Amendment Clinics, Citizens and Journalists filed. |
Brief amicus curiae of American Atheists, Inc. filed. |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
Brief amici curiae of THE AMERICAN CIVIL LIBERTIES UNION FOUNDATION, et al. filed. |
Brief amicus curiae of Foundation for Individual Rights and Expression filed. |
Brief of Christopher Garnier and Kimberly Garnier submitted. |
Brief of respondents Christopher Garnier and Kimberly Garnier filed. |
Amicus brief of Electronic Frontier Foundation submitted. |
Amicus brief of Local Government Legal Center, National Association of Counties, National League of Cities, and the International Municipal Lawyers Association submitted. |
Brief amici curiae of The State of Tennessee, et al. filed. |
Amicus brief of The State of Tennessee, et al. submitted. |
Brief amicus curiae of California School Boards Association filed. |
Amicus brief of NetChoice, the Cato Institute, Chamber of Progress and the Computer and Communications Industry Association submitted. |
Amicus brief of The State of Texas submitted. |
Brief amici curiae of NetChoice, the Cato Institute, Chamber of Progress and the Computer and Communications Industry Association filed. |
Brief amicus curiae of United States filed. |
Amicus brief of The NRSC submitted. |
Amicus brief of California School Boards Association submitted. |
Brief amici curiae of NetChoice, et al. supporting neither party filed. |
Brief amicus curiae of The NRSC filed (also in 22-611). VIDED. |
Brief amici curiae of Local Government Legal Center, et al. supporting neither party filed. |
Brief amici curiae of Electronic Frontier Foundation, et al. filed (also in 22-611). VIDED. |
Brief amici curiae of Electronic Frontier Foundation, et al. filed. VIDED. |
Brief amicus curiae of The State of Texas filed. |
Brief amicus curiae of The NRSC filed. (also in 22-611) |
Brief amici curiae of Local Government Legal Center, National Association of Counties, National League of Cities, and the International Municipal Lawyers Association filed. |
Joint Appendix submitted. |
Brief of Michelle O’Connor-Ratcliff and T.J. Zane submitted. |
Joint appendix filed. (Statement of costs filed) |
Brief of petitioners Michelle O’Connor-Ratcliff and T.J. Zane filed. |
Joint appendix filed. (Statement of costs filed) |
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 23, 2023. The time to file respondents' brief on the merits is extended to and including August 8, 2023. |
Motion of Michelle O’Connor-Ratcliff and T.J. Zane for an extension of time submitted. |
Motion for an extension of time filed. |
Petition GRANTED. |
DISTRIBUTED for Conference of 4/21/2023. |
DISTRIBUTED for Conference of 4/14/2023. |
Supplemental brief of petitioners Michelle O’Connor-Ratcliff and T.J. Zane filed. |
Rescheduled. |
DISTRIBUTED for Conference of 1/6/2023. |
Reply of petitioners Michelle O’Connor-Ratcliff, et al. filed. (To be recovered - corrected version received and distributed December 27, 2022) (Distributed) |
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
Brief of respondents Christopher Garnier, et ux. in opposition filed. |
Motion to extend the time to file a response is granted and the time is further extended to and including December 13, 2022. |
Motion to extend the time to file a response from December 7, 2022 to December 13, 2022, submitted to The Clerk. |
Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2022. |
Motion to extend the time to file a response from November 7, 2022 to December 7, 2022, submitted to The Clerk. |
Petition for a writ of certiorari filed. (Response due November 7, 2022) |