Case Disclosed

Warrantless Border Searches of Electronic Devices Constitutional

March 8, 2021
By Jackson Busch ’22

The First Circuit ruled this month that warrantless searches of electronic devices at the border do not violate the First or Fourth Amendments. 

The American Civil Liberties Union (ACLU) and Electronic Frontier Foundation (EFF) filed suit on behalf of eleven plaintiffs whose electronic devices had been searched by Customs and Border Protection (CBP) or Immigration and Customs Enforcement (ICE), either at the physical border or upon arrival from an international flight.

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Back to Basics: Why Partisan Gerrymandering Violates the First Amendment

March 12, 2019
By Simon Brewer

MFIA filed an amicus brief opposing partisan gerrymandering on behalf of the Floyd Abrams Institute for Freedom of Expression at Yale Law School.

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The Unreasonableness of "Reasonable" Prepublication Review, Part 1

February 11, 2019
By Katrin Marquez '20

In 1931, the landmark decision Near v. Minnesota established that, as a general matter, prior restraints—“government action[s] that prohibit[] speech or other expression before the speech happens”—are unconstitutional under the First Amendment. As with most First Amendment jurisprudence, the decision recognized that there could be exceptional circumstances in which prior restraints may be allowable, notably in the context of national security.

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