Case: Knight First Amendment Institute at Columbia University v. Trump

1:17-cv-05205 | U.S. District Court for the Southern District of New York

Filed Date: July 11, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This case addressed First Amendment claims concerning President Donald J. Trump’s blocking of Twitter users from his account.On July 11, 2017, the Knight First Amendment Institute at Columbia University, as well as various political writers and professors, filed this suit in the U.S. District Court for the Southern District of New York. The plaintiffs sued President Donald J. Trump, White House Press Secretary Sean M. Spicer, and other agents of the executive branch alleging First Amendment vio…

This case addressed First Amendment claims concerning President Donald J. Trump’s blocking of Twitter users from his account.

On July 11, 2017, the Knight First Amendment Institute at Columbia University, as well as various political writers and professors, filed this suit in the U.S. District Court for the Southern District of New York. The plaintiffs sued President Donald J. Trump, White House Press Secretary Sean M. Spicer, and other agents of the executive branch alleging First Amendment violations. The plaintiffs argued that President Trump’s Twitter account was a public forum and alleged that by blocking Twitter users who had criticized President Trump or his policies, the defendants had unconstitutionally limited those users’ right to free speech. The plaintiffs, represented by private counsel and the ACLU, sought declaratory and injunctive relief as well as attorneys’ fees and costs. The case was assigned to Judge Naomi Reice Buchwald.

On October 13, 2017, the defendants moved for summary judgment, arguing that the district court lacked jurisdiction over the plaintiffs’ claims, that the plaintiffs could not establish a state action, and that blocking the individual plaintiffs did not violate the public forum doctrine.

On November 3, 2017, the plaintiffs responded with a cross-motion for summary judgment, arguing that the @realDonaldTrump Twitter account was a designated public forum and that blocking the individual plaintiffs was an unconstitutional viewpoint discrimination.

On May 23, 2018, the Court granted in part and denied in part both motions for summary judgment. Judge Buchwald concluded that the court had jurisdiction but found that the plaintiffs lacked standing to sue Sarah Huckabee Sanders and Hope Hicks, two other press officials in the Trump Administration. Thus, the two were dismissed as defendants. Next, the Court found that the type of speech the plaintiffs sought to engage in was protected by the First Amendment and that the @realDonaldTrump Twitter account was susceptible to analysis under the public forum doctrine. Lastly, Judge Buchwald concluded that the viewpoint-based exclusion, or blocking, of a Twitter user from the account was proscribed by the First Amendment and could not be justified by the President’s personal interests. 302 F. Supp. 3d 541.

On June 4, 2018, the defendants appealed this decision to the United States Court of Appeals for the Second Circuit. A panel consisting of Judges Barrington D. Parker, Peter W. Hall, and Christopher F. Droney upheld the district court's ruling in a July 9, 2019 decision. They found that the President's Twitter account was not a private platform and produced government speech as part of a public forum. Under this classification, discrimination based on viewpoint was not permissible, and blocking the Twitter users amounted to viewpoint discrimination. The panel added that "workarounds" such as logging out of Twitter to see the President's tweets without the ability to comment placed an unfair burden on expression, too. Therefore, the President was no longer allowed to block Twitter users from the @realDonaldTrump Twitter account. 928 F.3d 226.

The defendants applied for a rehearing en banc after this opinion was filed, but Judge Parker denied their motion on March 23, 2020, reiterating the positions held in the previous opinion. Circuit Judges Michael Park and Richard Sullivan dissented, questioning the broadening of the scope of public forum doctrine to include Twitter accounts. They also contested the decision that a government official using Twitter amounted to government speech. 953 F.3d 216.

Trump petitioned the U.S. Supreme Court in August 2020. However, after President Biden's inauguration (Jan. 2020), President Biden was substituted as petitioner. On April 5, 2021, the Supreme Court granted certiorari. The Second Circuit’s judgment from July 9, 2019, (928 F.3d 226) was vacated and the case was remanded to the Second Circuit with instructions to dismiss the case as moot. In a concurring statement, Justice Thomas’ elaborated that United States v. Munsingwear allowed the Court to vacate the Second Court’s decision because of a change in Presidential administration. Additionally, Thomas wrote that the “more glaring concern must perforce be the dominant digital platforms themselves” and their influence over speech. 141 S.Ct. 1220.

On June 9, 2021, plaintiffs moved for attorney fees. Plaintiffs argued that they were entitled under the Equal Access to Justice Act (EAJA) as they had secured a ruling that “materially altered the legal relationship of the parties and also achieved the benefit Plaintiffs sought.” This was referencing the District Court’s ruling on May 23, 2018. Notably, plaintiffs sought only a portion of the fees that they claimed the EAJA entitled them to. Specifically, plaintiffs declined to pursue many of the costs associated with their private counsel. Instead, plaintiffs mainly sought to be compensatedfor their “distinctive knowledge or specialized skill in the areas of the First Amendment and constitutional law,” citing an apparent “limited availability” for qualified experts in that area. The motion included a chart of costs sought which totaled approximately $717,000. As of July 6, 2021, this motion is pending.

This case is ongoing.

Summary Authors

Jake Parker (7/20/2018)

Sichun Liu (3/4/2019)

Ellen Aldin (6/23/2020)

Eric Gripp (7/6/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6087955/parties/knight-first-amendment-institute-at-columbia-university-v-trump/


Judge(s)

Bianco, Joseph Frank (New York)

Buchwald, Naomi Reice (New York)

Cabranes, José Alberto (Connecticut)

Chin, Denny (New York)

Droney, Christopher Fitzgerald (New York)

Hall, Peter W. (Vermont)

Katzmann, Robert A. (New York)

Lohier, Raymond Joseph Jr. (New York)

Park, Michael Hun (New York)

Parker, Barrington Daniels Sr. (District of Columbia)

Judge(s)

Bianco, Joseph Frank (New York)

Buchwald, Naomi Reice (New York)

Cabranes, José Alberto (Connecticut)

Chin, Denny (New York)

Droney, Christopher Fitzgerald (New York)

Hall, Peter W. (Vermont)

Katzmann, Robert A. (New York)

Lohier, Raymond Joseph Jr. (New York)

Park, Michael Hun (New York)

Parker, Barrington Daniels Sr. (District of Columbia)

Pooler, Rosemary S. (New York)

Sullivan, Richard Joseph (New York)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Amunson, Jessica Ring (District of Columbia)

Bhagwat, Ashutosh (District of Columbia)

Chemerinsky, Erwin (California)

DeCell, Caroline M. (New York)

Fallow, Katherine A. (District of Columbia)

Greene, David Allen (California)

Jaffer, Jameel (New York)

Johnson, Tassity S. (District of Columbia)

Krishnan, Meenakshi (District of Columbia)

Lakier, Genevieve (District of Columbia)

Leinwand, Tali Ravit (New York)

Lidsky, Lyrissa (District of Columbia)

Marshak, Amy (District of Columbia)

McCord, Mary B. (District of Columbia)

Norton, Helen L. (District of Columbia)

Shanor, Amanda (District of Columbia)

Stone, Geoffrey R (District of Columbia)

Tribe, Laurence (Massachusetts)

Tushnet, Rebecca (District of Columbia)

Attorneys(s) for Defendant

Baer, Michael Hendry (District of Columbia)

Halainen, Daniel (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Knapp, Cody Taylor (District of Columbia)

McIntosh, Scott R. (District of Columbia)

Mooppan, Hashim M. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Utrecht, Jennifer (District of Columbia)

Womack, Eric R. (District of Columbia)

Other Attorney(s)

Backer, Dan (Virginia)

Burgess, Brian (District of Columbia)

Geltzer, Joshua A. (District of Columbia)

Golder, Chad (District of Columbia)

Kim, Andrew (District of Columbia)

Miller−Ziegler, Rachel G (District of Columbia)

Stoltz, Mitchell L. (California)

Verrilli, Donald B. Jr. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

June 9, 2021 Docket
1

Complaint

Knight First Amendment Institute v. Trump

July 11, 2017 Complaint
21

Re: Knight First Amendment Institute at Columbia University, et al. v. Trump, et al., No. 17-cv-5205 (NRB)

Aug. 11, 2017 Pleading / Motion / Brief
72

Memorandum and Order

302 F.Supp.3d 541

May 23, 2018 Order/Opinion
103

Opinion

U. S. Court of Appeals for the Second Circuit

953 F.3d 216

March 23, 2020 Order/Opinion
104

Opinion

U. S. Court of Appeals for the Second Circuit

928 F.3d 226

April 1, 2020 Order/Opinion
79

Affirmed Motion for Attorney Fees

April 10, 2020 Order/Opinion

Opinion of the Court

Biden v. Knight First Amendment Institute at Columbia University

Supreme Court of the United States

141 S.Ct. 1220

April 5, 2021 Order/Opinion

Resources

Title Description External URL

Knight Institute v. Trump

Knight First Amendment Institute at Columbia University

On July 11, 2017, the Knight Institute filed a lawsuit in federal court against President Trump and his aides for blocking seven people from the @realDonaldTrump Twitter account based on their critic… May 29, 2020 https://knightcolumbia.org/cases/knight-institute-v-trump

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6087955/knight-first-amendment-institute-at-columbia-university-v-trump/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Daniel Scavino, Sean M Spicer, Donald J. Trump. (Filing Fee $ 400.00, Receipt Number 0208-13881127)Document filed by Brandon Neely, Philip Cohen, Joseph Papp, Rebecca Buckwalter, Nicholas Pappas, Holly Figueroa, Knight First Amendment Institute at Columbia University, Eugene Gu.(Jaffer, Jameel) (Entered: 07/11/2017)

July 11, 2017 RECAP
2

CIVIL COVER SHEET filed. (Jaffer, Jameel) (Entered: 07/11/2017)

July 11, 2017 RECAP
3

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Knight First Amendment Institute at Columbia University.(Jaffer, Jameel) (Entered: 07/11/2017)

July 11, 2017 RECAP
4

REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, re: 1 Complaint,. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas. (Jaffer, Jameel) (Entered: 07/11/2017)

July 11, 2017 RECAP
5

REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Scavino, re: 1 Complaint,. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas. (Jaffer, Jameel) (Entered: 07/11/2017)

July 11, 2017 RECAP
6

REQUEST FOR ISSUANCE OF SUMMONS as to Sean M. Spicer, re: 1 Complaint,. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas. (Jaffer, Jameel) (Entered: 07/11/2017)

July 11, 2017 PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (kl)

July 12, 2017 PACER

Case Opening Initial Assignment Notice

July 12, 2017 PACER

Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (kl)

July 12, 2017 PACER

Case Designation

July 12, 2017 PACER

Case Designated ECF. (kl)

July 12, 2017 PACER

Case Designated ECF

July 12, 2017 PACER
7

ELECTRONIC SUMMONS ISSUED as to Donald J. Trump. (kl) (Main Document 7 replaced on 7/12/2017) (kl). (Entered: 07/12/2017)

July 12, 2017 PACER
8

ELECTRONIC SUMMONS ISSUED as to Daniel Scavino. (kl) (Entered: 07/12/2017)

July 12, 2017 PACER
9

ELECTRONIC SUMMONS ISSUED as to Sean M Spicer. (kl) (Entered: 07/12/2017)

July 12, 2017 PACER
10

AFFIDAVIT OF SERVICE. Donald J. Trump served on 7/14/2017, answer due 8/4/2017. Service was made by Mail. Document filed by Brandon Neely; Philip Cohen; Joseph Papp; Rebecca Buckwalter; Nicholas Pappas; Holly Figueroa; Knight First Amendment Institute at Columbia University; Eugene Gu. (Jaffer, Jameel) (Entered: 07/27/2017)

July 27, 2017 RECAP
11

AFFIDAVIT OF SERVICE. Sean M Spicer served on 7/14/2017, answer due 8/4/2017. Service was made by Mail. Document filed by Brandon Neely; Philip Cohen; Joseph Papp; Rebecca Buckwalter; Nicholas Pappas; Holly Figueroa; Knight First Amendment Institute at Columbia University; Eugene Gu. (Jaffer, Jameel) (Entered: 07/27/2017)

July 27, 2017 PACER
12

AFFIDAVIT OF SERVICE. Daniel Scavino served on 7/14/2017, answer due 8/4/2017. Service was made by Mail. Document filed by Brandon Neely; Philip Cohen; Joseph Papp; Rebecca Buckwalter; Nicholas Pappas; Holly Figueroa; Knight First Amendment Institute at Columbia University; Eugene Gu. (Attachments: # 1 Supplement Delivery Confirmation)(Jaffer, Jameel) (Entered: 07/27/2017)

1 Supplement Delivery Confirmation

View on PACER

July 27, 2017 PACER
13

LETTER MOTION for Conference re: Motion for a Preliminary Injunction addressed to Judge Naomi Reice Buchwald from Jameel Jaffer dated 8/8/2017. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas.(Jaffer, Jameel) (Entered: 08/08/2017)

Aug. 8, 2017 RECAP
14

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jessica Ring Amunson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13992015. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Certificate of Good Standing (District of Columbia), # 2 Certificate of Good Standing (Maryland), # 3 Text of Proposed Order)(Amunson, Jessica) Modified on 8/8/2017 (jc). (Entered: 08/08/2017)

1 Certificate of Good Standing (District of Columbia)

View on PACER

2 Certificate of Good Standing (Maryland)

View on PACER

3 Text of Proposed Order

View on PACER

Aug. 8, 2017 PACER

Notice Regarding Deficient Motion to Appear Pro Hac vice

Aug. 8, 2017 PACER
15

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Tassity S. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13992063. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Certificate of Good Standing (Connecticut), # 2 Text of Proposed Order)(Johnson, Tassity) Modified on 8/8/2017 (jc). (Entered: 08/08/2017)

1 Certificate of Good Standing (Connecticut)

View on PACER

2 Text of Proposed Order

View on PACER

Aug. 8, 2017 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 14 MOTION for Jessica Ring Amunson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13992015. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Attorney Affidavit or Declaration - see Local Rule 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit or Declaration - attach Proposed Order. (jc)

Aug. 8, 2017 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 15 MOTION for Tassity S. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13992063. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reasons: 1) missing Attorney Affidavit or Declaration - see Local Rule 1.3; and 2) missing Certificate of Good Standing from Maryland Court of Appeals. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit or Declaration - attach Proposed Order. (jc)

Aug. 8, 2017 PACER
16

NOTICE OF APPEARANCE by Michael Hendry Baer on behalf of Daniel Scavino, Sean M Spicer, Donald J. Trump. (Baer, Michael) (Entered: 08/08/2017)

Aug. 8, 2017 PACER
17

MOTION for Jessica Ring Amunson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Declaration in Support of Motion for Admission Pro Hac Vice, # 2 Certificate of Good Standing (District of Columbia), # 3 Certificate of Good Standing (Maryland), # 4 Text of Proposed Order)(Amunson, Jessica) (Entered: 08/08/2017)

1 Declaration in Support of Motion for Admission Pro Hac Vice

View on PACER

2 Certificate of Good Standing (District of Columbia)

View on PACER

3 Certificate of Good Standing (Maryland)

View on PACER

4 Text of Proposed Order

View on PACER

Aug. 8, 2017 PACER
18

MOTION for Tassity S. Johnson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Declaration in Support of Motion for Admission Pro Hac Vice, # 2 Certificate of Good Standing (Connecticut), # 3 Text of Proposed Order)(Johnson, Tassity) (Entered: 08/08/2017)

1 Declaration in Support of Motion for Admission Pro Hac Vice

View on PACER

2 Certificate of Good Standing (Connecticut)

View on PACER

3 Text of Proposed Order

View on PACER

Aug. 8, 2017 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Tassity S. Johnson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., 17 MOTION for Jessica Ring Amunson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Aug. 9, 2017 PACER

Notice Regarding Pro Hac Vice Motion

Aug. 9, 2017 PACER
19

ORDER FOR ADMISSION PRO HAC VICE granting 18 Motion for Tassity S. Johnson to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 8/9/2017) (cf) (Entered: 08/10/2017)

Aug. 9, 2017 PACER
20

ORDER FOR ADMISSION PRO HAC VICE: granting 17 Motion for Jessica Ring Amunson to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 8/9/2017) (ap) (Entered: 08/10/2017)

Aug. 9, 2017 PACER
21

LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from Michael Baer dated 08/11/2017 re: 13 LETTER MOTION for Conference re: Motion for a Preliminary Injunction addressed to Judge Naomi Reice Buchwald from Jameel Jaffer dated 8/8/2017. . Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump. (Baer, Michael) (Entered: 08/11/2017)

Aug. 11, 2017 RECAP
22

NOTICE OF APPEARANCE by Alexander Abraham Abdo on behalf of Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas. (Abdo, Alexander) (Entered: 08/14/2017)

Aug. 14, 2017 RECAP

Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference held on 8/15/2017. (ade)

Aug. 15, 2017 PACER

Telephone Conference

Aug. 15, 2017 PACER
23

JOINT LETTER addressed to Judge Naomi Reice Buchwald from Jameel Jaffer dated 08/31/2017 re: Knight First Amendment Institute, et al. v. Trump, et al., Case No. 17-CV-5205 (NRB). Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas.(Jaffer, Jameel) (Entered: 08/31/2017)

Aug. 31, 2017 RECAP
24

NOTICE OF APPEARANCE by Daniel Halainen on behalf of Daniel Scavino, Sean M Spicer, Donald J. Trump. (Halainen, Daniel) (Entered: 09/07/2017)

Sept. 7, 2017 PACER
25

JOINT LETTER addressed to Judge Naomi Reice Buchwald from Daniel Halainen dated 09/08/2017 re: Knight First Amendment Institute, et al. v. Trump, et al., Case No. 17-cv-5205 (NRB). Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump.(Halainen, Daniel) (Entered: 09/08/2017)

Sept. 8, 2017 RECAP
26

MEMO ENDORSEMENT: on re: 25 Letter filed by Daniel Scavino, Sean M Spicer, Donald J. Trump. ENDORSEMENT: Application Granted., Daniel Scavino answer due 9/29/2017; Sean M Spicer answer due 9/29/2017; Donald J. Trump answer due 9/29/2017. (Signed by Judge Naomi Reice Buchwald on 9/11/2017) (ama) (Entered: 09/12/2017)

Sept. 11, 2017 RECAP
27

JOINT LETTER addressed to Judge Naomi Reice Buchwald from Jameel Jaffer dated September 15, 2017 re: an update on the status of negotiations as to a joint stipulation of facts. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas.(Jaffer, Jameel) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
28

JOINT LETTER MOTION for Conference re: proposed summary judgment briefing schedule addressed to Judge Naomi Reice Buchwald from Michael H. Baer dated 09/25/2017. Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump. (Attachments: # 1 Stipulation)(Baer, Michael) (Entered: 09/25/2017)

1 Stipulation

View on RECAP

Sept. 25, 2017 RECAP

Notice Regarding Deleted Document

Sept. 25, 2017 PACER

***DELETED DOCUMENT. Deleted document number [28-1] Stipulation Attachment pursuant to Order 32 filed on 10/3/2017. (mro)

Sept. 25, 2017 PACER
29

ORDER: terminating 28 Letter Motion for Conference. The parties proposed schedule and page limits are acceptable to the Court. Motion due by 10/13/2017. Response due by 11/13/2017. Cross Motion due by 11/3/2017. Reply due by 11/22/2017. (Signed by Judge Naomi Reice Buchwald on 9/26/2017) (ap) (Entered: 09/26/2017)

Sept. 26, 2017 RECAP

Set/Reset Deadlines

Sept. 26, 2017 PACER

Set/Reset Deadlines: Cross Motions due by 11/3/2017. Motions due by 10/13/2017. Responses due by 11/13/2017. Replies due by 11/22/2017. (ap)

Sept. 26, 2017 PACER
30

JOINT LETTER MOTION for Leave to File Stipulation addressed to Judge Naomi Reice Buchwald from Michael H. Baer dated 09/28/2017. Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump. (Attachments: # 1 Stipulation)(Baer, Michael) (Entered: 09/28/2017)

1 Stipulation

View on RECAP

Sept. 28, 2017 RECAP
31

NOTICE OF APPEARANCE by Katherine Amy Fallow on behalf of Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas. (Fallow, Katherine) (Entered: 10/02/2017)

Oct. 2, 2017 PACER
32

ORDER granting 30 Letter Motion for Leave to File Document. So ordered. (Signed by Judge Naomi Reice Buchwald on 10/3/2017) (mro) (Entered: 10/03/2017)

Oct. 3, 2017 PACER
33

NOTICE of Filing Exhibits to Stipulation. Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Baer, Michael) (Entered: 10/13/2017)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

Oct. 13, 2017 RECAP
34

MOTION for Summary Judgment . Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump.(Baer, Michael) (Entered: 10/13/2017)

Oct. 13, 2017 RECAP
35

MEMORANDUM OF LAW in Support re: 34 MOTION for Summary Judgment . . Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump. (Baer, Michael) (Entered: 10/13/2017)

Oct. 13, 2017 RECAP
36

RULE 56.1 STATEMENT. Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump. (Baer, Michael) (Entered: 10/13/2017)

Oct. 13, 2017 RECAP
37

LETTER addressed to Judge Naomi Reice Buchwald from Michael H. Baer dated October 13, 2017 re: Motion for Summary Judgment. Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump.(Baer, Michael) (Entered: 10/13/2017)

Oct. 13, 2017 RECAP
38

MOTION for Joshua Geltzer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14294232. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amici First Amendment Scholars. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order, # 3 Affidavit)(Geltzer, Joshua) (Entered: 10/27/2017)

1 Exhibit Certificate of Good Standing

View on PACER

2 Text of Proposed Order

View on PACER

3 Affidavit

View on PACER

Oct. 27, 2017 PACER

Notice Regarding Pro Hac Vice Motion

Oct. 27, 2017 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 38 MOTION for Joshua Geltzer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14294232. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Oct. 27, 2017 PACER
39

JOINT LETTER MOTION for Extension of Time to include a date for any amicus briefs to be filed, adjusting the remaining deadlines. addressed to Judge Naomi Reice Buchwald from Jameel Jaffer dated October 27, 2017. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas.(Jaffer, Jameel) (Entered: 10/27/2017)

Oct. 27, 2017 PACER
40

ORDER granting 39 Letter Motion for Extension of Time. So Ordered. Motions due by 10/13/2017.. (Signed by Judge Naomi Reice Buchwald on 10/30/2017) (js) (Entered: 10/31/2017)

Oct. 30, 2017 PACER

Set/Reset Deadlines

Oct. 30, 2017 PACER

Set/Reset Deadlines: Cross Motions due by 11/3/2017. Responses due by 11/17/2017 Replies due by 12/1/2017. (js)

Oct. 30, 2017 PACER
41

ORDER FOR ADMISSION PRO HAC VICE: granting 38 Motion for Joshua Geltzer to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Naomi Reice Buchwald on 10/30/2017) (js) (Entered: 10/31/2017)

Oct. 30, 2017 PACER
42

CROSS MOTION for Summary Judgment . Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas.(Jaffer, Jameel) (Entered: 11/03/2017)

Nov. 3, 2017 PACER
43

MEMORANDUM OF LAW in Support re: 42 CROSS MOTION for Summary Judgment . Plaintiffs' Memorandum In Support of Cross-Motion for Summary Judgment and In Opposition to Defendants' Motion for Summary Judgment. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas. (Jaffer, Jameel) (Entered: 11/03/2017)

Nov. 3, 2017 RECAP
44

LETTER addressed to Judge Naomi Reice Buchwald from Jameel Jaffer dated November 3, 2017 re: Cross-Motion For Summary Judgment. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas.(Jaffer, Jameel) (Entered: 11/03/2017)

Nov. 3, 2017 PACER
45

RULE 56.1 STATEMENT. Document filed by Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas. (Jaffer, Jameel) (Entered: 11/03/2017)

Nov. 3, 2017 PACER
46

RESPONSE re: 36 Rule 56.1 Statement . Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas. (Jaffer, Jameel) (Entered: 11/03/2017)

Nov. 3, 2017 RECAP
47

BRIEF . Document filed by Amici First Amendment Scholars.(Geltzer, Joshua) (Entered: 11/06/2017)

Nov. 6, 2017 RECAP
48

Amicus Curiae APPEARANCE entered by Mitchell L. Stoltz on behalf of Electronic Frontier Foundation.(Stoltz, Mitchell) (Entered: 11/06/2017)

Nov. 6, 2017 PACER
49

BRIEF of Amicus Curiae. Document filed by Electronic Frontier Foundation.(Stoltz, Mitchell) (Entered: 11/06/2017)

Nov. 6, 2017 RECAP
50

NOTICE OF APPEARANCE by Brian Timothy Burgess on behalf of Amici Curiae Federal Courts Scholars. (Burgess, Brian) (Entered: 11/06/2017)

Nov. 6, 2017 PACER
51

BRIEF AMICI CURIAE. Document filed by Amici Curiae Federal Courts Scholars.(Burgess, Brian) (Entered: 11/06/2017)

Nov. 6, 2017 RECAP
52

MOTION for Andrew Kim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14347628. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amici Curiae Federal Courts Scholars. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Text of Proposed Order)(Kim, Andrew) (Entered: 11/09/2017)

1 Affidavit

View on PACER

2 Exhibit 1

View on PACER

3 Text of Proposed Order

View on PACER

Nov. 9, 2017 PACER

Notice Regarding Pro Hac Vice Motion

Nov. 9, 2017 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 52 MOTION for Andrew Kim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14347628. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)

Nov. 9, 2017 PACER
53

ORDER ADMITTING COUNSEL PRO HAC VICE granting 52 Motion for Andrew Kim to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 11/9/2017) (kgo) (Entered: 11/09/2017)

Nov. 9, 2017 PACER
54

MEMORANDUM OF LAW in Opposition re: 42 CROSS MOTION for Summary Judgment . Defendants' Memorandum of Law in Opposition to Plaintiffs' Cross-Motion for Summary Judgment and Reply Memorandum in Further Support of Defendants' Motion for Summary Judgment. Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump. (Baer, Michael) (Entered: 11/17/2017)

Nov. 17, 2017 RECAP
55

RESPONSE re: 45 Rule 56.1 Statement . Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump. (Baer, Michael) (Entered: 11/17/2017)

Nov. 17, 2017 PACER
56

REPLY MEMORANDUM OF LAW in Support re: 42 CROSS MOTION for Summary Judgment . . Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas. (Jaffer, Jameel) (Entered: 12/01/2017)

Dec. 1, 2017 RECAP
57

LETTER addressed to Judge Naomi Reice Buchwald from Jameel Jaffer dated December 21, 2017 re: the government's concession concerning the President's tweets. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas.(Jaffer, Jameel) (Entered: 12/21/2017)

Dec. 21, 2017 RECAP
58

LETTER addressed to Judge Naomi Reice Buchwald from Michael Baer dated December 26, 2017 re: Plaintiffs' December 21, 2017 Letter. Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump.(Baer, Michael) (Entered: 12/26/2017)

Dec. 26, 2017 RECAP
59

ORDER: Oral argument on the pending cross-motions for summary judgment shall be held on March 8, 2018, at 11:00 A.M., at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 21A. SO ORDERED., ( Oral Argument set for 3/8/2018 at 11:00 AM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 1/08/2018) (ama) (Entered: 01/08/2018)

Jan. 8, 2018 RECAP
60

LETTER addressed to Judge Naomi Reice Buchwald from Jameel Jaffer dated January 23, 2018 re: Notice of Supplemental Authority. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas. (Attachments: # 1 Exhibit A)(Jaffer, Jameel) (Entered: 01/23/2018)

1 Exhibit A

View on PACER

Jan. 23, 2018 RECAP
61

LETTER addressed to Judge Naomi Reice Buchwald from Daniel Halainen dated January 26, 2018 re: Plaintiffs' January 23, 2018 Letter. Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump.(Halainen, Daniel) (Entered: 01/26/2018)

Jan. 26, 2018 RECAP
62

NOTICE OF CHANGE OF ADDRESS by Alexander Abraham Abdo on behalf of Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas. New Address: Knight First Amendment Institute at Columbia University, 475 Riverside Drive, Suite 302, New York, NY, United States 10115, (646) 745-8500. (Abdo, Alexander) (Entered: 01/30/2018)

Jan. 30, 2018 RECAP
63

LETTER addressed to Judge Naomi Reice Buchwald from Jameel Jaffer dated February 26, 2018 re: Counsel for Plaintiffs division of time during the March 8, 2018 oral argument on the pending cross-motions for summary judgment. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas.(Jaffer, Jameel) (Entered: 02/26/2018)

Feb. 26, 2018 RECAP
64

MEMO ENDORSEMENT: on re: 63 Letter, filed by Joseph Papp, Brandon Neely, Knight First Amendment Institute at Columbia University, Eugene Gu, Philip Cohen, Nicholas Pappas, Holly Figueroa, Rebecca Buckwalter. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 3/1/2018) (ap) (Entered: 03/01/2018)

March 1, 2018 RECAP
65

LETTER addressed to Judge Naomi Reice Buchwald from Michael H. Baer dated March 6, 2018 re: Defendants' summary judgment briefing. Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump.(Baer, Michael) (Entered: 03/06/2018)

March 6, 2018 RECAP

Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Oral Argument held on 3/8/2018 re: 42 CROSS MOTION for Summary Judgment 34 MOTION for Summary Judgment. (ade)

March 8, 2018 PACER

Oral Argument

March 8, 2018 PACER
66

LETTER addressed to Jameel Jaffer, Esq., Katherine Fallow, Esq., Michel Baer, Esq., from Hon. Naomi Reice Buchwald, United States District Judge dated 3/13/2018 re: At oral argument, the government stated that the blocking of Twitter users on the @POTUS and @WhiteHouse accounts would "likely would run afoul of the First Amendment but not because of public forum doctrine" and that "it is probably true that government cannot block individuals purely on the basis of viewpoint from a government account like the @POTUS account," Hr'g Tr. 26:19-20, 29:16-18. We understood the totality of the government's position to be that the First Amendment prohibits the blocking of users from those accounts. We neglected, however, to address the impact of this position on the question currently before the Court-whether such blocking may occur on the @RealDonaldTrump account. Accordingly, we request that the government submit, by March 28, a letter brief of no more than five pages clarifying its position. If the government continues to take the position that users may not be blocked from the @POTUS and @WhiteHouse accounts, it should explain all of the ways in which the First Amendment analysis differs for those two accounts on the one hand and the @RealDonaldTrump account on the other. If the government no longer takes the position that such blocking is unconstitutional, it should explain why such blocking is in fact permissible. The plaintiffs may submit a responsive letter within seven days of the government's letter. (ama) (Entered: 03/13/2018)

March 13, 2018 RECAP
67

LETTER addressed to Judge Naomi Reice Buchwald from Jameel Jaffer dated March 16, 2018 re: the relevance of the D.C. Circuit's decision in Swan v. Clinton. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas.(Jaffer, Jameel) (Entered: 03/16/2018)

March 16, 2018 RECAP
68

TRANSCRIPT of Proceedings re: CONFERENCE held on 3/8/2018 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018.(McGuirk, Kelly) (Entered: 03/23/2018)

March 23, 2018 RECAP
69

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/8/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/23/2018)

March 23, 2018 RECAP
70

LETTER addressed to Judge Naomi Reice Buchwald from Michael H. Baer dated March 28, 2018 re: the Court's March 13, 2018 letter. Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump.(Baer, Michael) (Entered: 03/28/2018)

March 28, 2018 RECAP
71

LETTER addressed to Judge Naomi Reice Buchwald from Jameel Jaffer dated April 4, 2018 re: the Court's March 13, 2018 letter and Defendants' March 28, 2018 response. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas.(Jaffer, Jameel) (Entered: 04/04/2018)

April 4, 2018 RECAP
72

MEMORANDUM AND ORDER: granting in part and denying in part 34 Motion for Summary Judgment; granting in part and denying in part 42 Motion for Summary Judgment. We conclude that we have jurisdiction to entertain this dispute. Plaintiffs have established legal injuries that are traceable to the conduct of the President and Daniel Scavino and, despite defendants' suggestions to the contrary, their injuries are redressable by a favorable judicial declaration. Plaintiffs lack standing, however, to sue Sarah Huckabee Sanders, who is dismissed as a defendant. Hope Hicks is also dismissed as a defendant, in light of her resignation as White House Communications Director. Turning to the merits of plaintiffs' First Amendment claim, we hold that the speech in which they seek to engage is protected by the First Amendment and that the President and Scavino exert governmental control over certain aspects of the @realDonaldTrump account, including the interactive space of the tweets sent from the account. That interactive space is susceptible to analysis under the Supreme Court's forum doctrines, and is properly characterized as a designated public forum. The viewpoint-based exclusion of the individual plaintiffs from that designated public forum is proscribed by the First Amendment and cannot be justified by the President's personal First Amendment interests. In sum, defendants' motion for summary judgment is granted in part and denied in part, and plaintiffs' cross-motion for summary judgment is granted in part and denied in part. The Clerk of the Court is directed to terminate the motions pending at docket entries 34 and 42. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 5/23/2018) (ama) (Entered: 05/23/2018)

May 23, 2018 RECAP
73

NOTICE OF APPEAL from 72 Order on Motion for Summary Judgment,,,,,,,,,,,,,,,. Document filed by Daniel Scavino, Donald J. Trump. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Baer, Michael) (Entered: 06/04/2018)

June 4, 2018 RECAP

Appeal Fee Due

June 4, 2018 PACER

Appeal Fee Due: for 73 Notice of Appeal. Appeal fee due by 6/18/2018. (tp)

June 4, 2018 PACER

State / Territory: New York

Case Type(s):

Presidential/Gubernatorial Authority

Key Dates

Filing Date: July 11, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Knight First Amendment Institute at Columbia University and various political writers and professors.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President of the United States (Washington, D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Access to public accommodations - governmental

Type of Facility:

Government-run