OR · 42usc1983:deprivation.first-amendment
Pesci v. Budz (11th Cir. 2019) is an actual First Amendment merits ruling, rejecting a civil detainee’s newsletter challenge under a modified Turner test. This is a scoped civil-detention speech example, not a universal test for retaliatory arrest or public-employee speech. The unrelated Olivier/Heck passage is removed.
Exact element source
to the deprivation of any rights, privileges, or immunities secured by the Constitution and lawsSource:
docroot/ir/usc/title42.jsonl#title42_sec1983; Unicode character offsets [306:402] (end exclusive); SHA-256 88fe01322b9d94860a669ec452f558146e2745845070bc43583671ce12acb2bb.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| Unclassified route provisional; 5 observed cases | no definition yet | 0 Satisfied 0; not satisfied 0; excluded context 5 | 0 | Used only in non-merits blocks (5). Excluded context examples:Olivier v. City of Brandon — 607 U.S. ___ (2026) · Supreme Court of the United States · 2026 — not reached · basis not recorded (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · not counted Thompson v. Community Action of Greater Wilmington, Inc. — 567 F. Supp. 1159 (1983) · United States District Court for the District of Delaware · 1983 — not reached · basis not recorded (42usc1983: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · not counted Kamenesh v. City of Miami — 772 F. Supp. 583 (1991) · United States District Court for the Southern District of Florida · 1991 — not reached · basis not recorded (42usc1983: author: Fable · not independently reviewed) · applied/merits · not counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| Olivier v. City of Brandon — 607 U.S. ___ (2026) · Supreme Court of the United States · 2026 — not reached (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Deprivation of First Amendment rights (free speech, retaliation, free exercise, petition) | not_reached Excluded from merits counts applied / merits party: Gabriel Olivier, street preacher previously convicted under the ordinance; count: First Amendment challenge to the protest-area ordinance, declaratory and injunctive relief only; subject: party=Gabriel Olivier, street preacher previously convicted under the ordinance; count=First Amendment challenge to the protest-area ordinance, declaratory and injunctive relief only First Amendment merits not addressed; the case is remanded after reversal of the Heck dismissal. | Unspecified route | No source quotation recorded for this block. |
| Thompson v. Community Action of Greater Wilmington, Inc. — 567 F. Supp. 1159 (1983) · United States District Court for the District of Delaware · 1983 — not reached (42usc1983: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) | Deprivation of First Amendment rights (free speech, retaliation, free exercise, petition) | not_reached Excluded from merits counts applied / meritsAlleged retaliatory firing of a whistleblowing comptroller who went to the news media after internal reports of financial irregularities were ignored; merits never reached. | Unspecified route | No source quotation recorded for this block. |
| Kamenesh v. City of Miami — 772 F. Supp. 583 (1991) · United States District Court for the Southern District of Florida · 1991 — not reached (42usc1983: author: Fable · not independently reviewed) | Deprivation of First Amendment rights (free speech, retaliation, free exercise, petition) | not_reached Excluded from merits counts applied / meritsFirst Amendment and equal protection claims not challenged in the motion. | Unspecified route | No source quotation recorded for this block. |
| Lindke v. Freed — 601 U.S. 187 (2024) · Supreme Court of the United States · 2024 — not reached (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Deprivation of First Amendment rights (free speech, retaliation, free exercise, petition) | not_reached Excluded from merits counts rule-announced / merits party: Kevin Lindke, the blocked commenter; count: First Amendment claim for deleting comments and blocking on Facebook; subject: party=Kevin Lindke, the blocked commenter; count=First Amendment claim for deleting comments and blocking on Facebook Merits of the First Amendment claim not reached: the case was remanded on the threshold state-action inquiry. | Unspecified route | No source quotation recorded for this block. |
| O'Connor-Ratcliff v. Garnier — 601 U.S. 205 (2024) · Supreme Court of the United States · 2024 — not reached (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Deprivation of First Amendment rights (free speech, retaliation, free exercise, petition) | not_reached Excluded from merits counts applied / merits party: Christopher and Kimberly Garnier, parents blocked from the trustees' pages; count: First Amendment claim for deleting comments and blocking on Facebook and Twitter; subject: party=Christopher and Kimberly Garnier, parents blocked from the trustees' pages; count=First Amendment claim for deleting comments and blocking on Facebook and Twitter Merits of the First Amendment claim not reached; the judgment was vacated on the state-action question alone. | Unspecified route | No source quotation recorded for this block. |
Court interpretations
interpretation
Apart from the narrowed universe of justifications, Turner and its progeny govern Pesci's case.
Pesci v. Budz — 935 F.3d 1159 · United States Court of Appeals for the Eleventh Circuit · 2019 (42usc1983: author: unavailable · not independently reviewed)
Apart from the narrowed universe of justifications, Turner and its progeny govern Pesci's case.Source:
docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/1159-01; Unicode character offsets [15083:15178] (end exclusive); SHA-256 5e7ada89811b9486d6394a114ef8545ff5043a13bf962e80aafb7b55f07e916b.Pesci v. Budz (11th Cir. 2019) is an actual First Amendment merits ruling, rejecting a civil detainee’s newsletter challenge under a modified Turner test. This is a scoped civil-detention speech example, not a universal test for retaliatory arrest or public-employee speech. The unrelated Olivier/Heck passage is removed.
interpretation
we hold that the 2010 ban on Duck Soup does not violate the First Amendment.
Pesci v. Budz — 935 F.3d 1159 · United States Court of Appeals for the Eleventh Circuit · 2019 (42usc1983: author: unavailable · not independently reviewed)
we hold that the 2010 ban on Duck Soup does not violate the First Amendment.Source:
docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/1159-01; Unicode character offsets [34023:34099] (end exclusive); SHA-256 5e7ada89811b9486d6394a114ef8545ff5043a13bf962e80aafb7b55f07e916b.Pesci v. Budz (11th Cir. 2019) is an actual First Amendment merits ruling, rejecting a civil detainee’s newsletter challenge under a modified Turner test. This is a scoped civil-detention speech example, not a universal test for retaliatory arrest or public-employee speech. The unrelated Olivier/Heck passage is removed.