| No. 19-1241 Vide 19-1231 | |
| Title: | National Association of Broadcasters, et al., Petitioners v. Prometheus Radio Project, et al. |
| Docketed: | April 22, 2020 |
| Linked with 19A889 | |
| Lower Ct: | United States Court of Appeals for the Third Circuit |
| Case Numbers: | (17-1107, 17-1109, 17-1110, 17-1111, 18-1092, 18-1669, 18-1670, 18-1671, 18-2943, 18-3335) |
| Decision Date: | September 23, 2019 |
| Rehearing Denied: | November 20, 2019 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Feb 07 2020 | Application (19A889) to extend the time to file a petition for a writ of certiorari from February 18, 2020 to March 19, 2020, submitted to Justice Alito. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Feb 12 2020 | Application (19A889) granted by Justice Alito extending the time to file until March 19, 2020. |
| Mar 09 2020 | Application (19A889) to extend further the time from March 19, 2020 to April 18, 2020, submitted to Justice Alito. |
| Written RequestProof of Service | |
| Mar 12 2020 | Application (19A889) granted by Justice Alito extending the time to file until April 18, 2020. |
| Apr 17 2020 | Petition for a writ of certiorari filed. (Response due May 22, 2020) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| May 05 2020 | Motion to extend the time to file a response from May 22, 2020 to July 21, 2020, submitted to The Clerk. |
| Main Document | |
| May 06 2020 | Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020. |
| May 12 2020 | Motion of Benton Institute for Broadband & Society, et al. to extend the time to file a response from May 22, 2020 to July 21, 2020, submitted to The Clerk. |
| Main Document | |
| May 13 2020 | Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020, for all respondents. |
| May 20 2020 | Brief amicus curiae of Gray Television, Inc. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of ServiceProof of Service | |
| May 22 2020 | Brief amici curiae of ABC Television Affiliates Association, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 22 2020 | Brief amicus curiae of The International Center for Law and Economics filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jul 20 2020 | Waiver of right of respondent Independent Television Group to respond filed. |
| Main Document | |
| Jul 21 2020 | Brief of respondents Prometheus Radio Project, et al. in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 22 2020 | Waiver of right of respondents Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc. to respond filed. |
| Main Document | |
| Jul 30 2020 | Motion of petitioners to delay distribution of the petition for a writ of certiorari under Rule 15.5 from August 5, 2020 to August 19, 2020, submitted to The Clerk. |
| Main Document | |
| Aug 03 2020 | Motion to delay distribution of the petition for a writ certiorari until August 19, 2020, granted. |
| Aug 19 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Aug 19 2020 | Reply of petitioners National Association of Broadcasters, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-1231 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Oct 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1231. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1231. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Nov 25 2020 | SET FOR ARGUMENT on Tuesday, January 19, 2021. VIDED. |
| Dec 03 2020 | Record requested from the U.S.C.A. 3rd Circuit. |
| Dec 08 2020 | CIRCULATED |
| Dec 23 2020 | The record received from the U.S.C.A. 3rd Circuit, for case numbers 19-1231 & 19-1241 (Consolidated). The record has been filed electronically for both case numbers. |
| Jan 19 2021 | Argued. For petitioners in 19-1231: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For petitioners in 19-1241: Helgi C. Walker, Washington, D. C. For respondents: Ruthanne M. Deutsch, Washington, D. C. VIDED. |
| Apr 01 2021 | Judgment REVERSED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED. |
| May 03 2021 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Helgi C. Walker Counsel of Record | Gibson, Dunn & Crutcher LLP 1050 Connecticut Avenue, NW Washington, DC 20036 hwalker@gibsondunn.com | 202-887-3599 |
| Party name: National Association of Broadcasters | ||
| Attorneys for Respondents | ||
| Ruthanne Mary Deutsch Counsel of Record | Deutsch Hunt, PLLC 300 New Jersey Ave., NW, Suite 900 Washington, DC 20001 rdeutsch@deutschhunt.com | 2028686915 |
| Party name: Prometheus Radio Project; Media Mobilizing Project; Free Press; Office of Communication, Inc. of the United Church of Christ, et al. | ||
| Jack N. Goodman Counsel of Record | Law Offices of Jack N Goodman 1200 New Hampshire Ave, NW Suite 600 Washington, DC 20036 jack@jackngoodman.com | 2027762045 |
| Party name: Independent Television Group | ||
| Dennis Lane Counsel of Record | Stinson LLP 1775 Pennsylvania Ave., NW. Suite 800 Washington, DC 20006 dennis.lane@stinson.com | 202572-9906 |
| Party name: Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc. | ||
| Elizabeth B. Prelogar Counsel of Record | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Federal Communications Commission, et al. | ||
| Other | ||
| Corbin Knight Barthold Counsel of Record | TechFreedom 110 Maryland Ave NE Suite 205 Washington, DC 20002 cbarthold@techfreedom.org | 9257886847 |
| Party name: TechFreedom | ||
| Harold Feld Counsel of Record | Public Knowledge 1818 N St., NW Suite 410 Washington, DC 20036 hfeld@publicknowledge.org | 202-559-1044 |
| Party name: Public Knowledge | ||
| Lawrence Jay Spiwak Counsel of Record | Phoenix Center for Advanced Legal & Economic Public Policy Studies 5335 Wisconsin Avenue, NW Suite 440 Washington, DC 20015 lspiwak@phoenix-center.org | (202) 274-0235 |
| Party name: Phoenix Center for Advanced Legal & Economic Public Policy Studies | ||
| William J. Kolasky Jr. Counsel of Record | Hughes Hubbard & Reed LLP 1775 "I" Street, NW Washington, DC 20006 kolasky@hugheshubbard.com | 202-721-4771 |
| Party name: The International Center for Law and Economics | ||
| David Edward Mills Counsel of Record | Suite 500 1255 23rd Street Washington, DC 20037 dmills@cooley.com | 2028427800 |
| Party name: Gray Television, Inc. | ||
| Mark J. Prak Counsel of Record | Brooks, Pierce, McLendon, Humphrey and Leonard LLP 1600 Wells Fargo Capitol Center 150 Fayetteville Street Raleigh, NC 27601 mprak@brookspierce.com | (919) 839-0300 |
| Party name: ABC Television Affiliates Association, CBS Television Network Affiliates Association, FBC Television Affiliates Association, and NBC Television Affiliates | ||
| Andrew Jay Schwartzman Counsel of Record | Andrew Jay Schwartzman 1341 G Steet NW Fifth Floor Washington, DC 20005 andyschwartzman@gmail.com | 2022412408 |
| Party name: Benton Institute for Broadband & Society, National Hispanic Media Coalition, National Organization for Women Foundation, Media Alliance and Media Counsel Hawai’i. | ||