About this blog

Case Disclosed is a blog written by students, supervising attorneys, directors, alumni, and friends of the Media Freedom & Information Access Clinic.

The views expressed on this blog belong to the author(s) and do not represent the views of Yale Law School or the Media Freedom and Information Access Clinic (MFIA).

Case Disclosed

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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Data Gathering and the Right to Petition

January 2, 2019

As of the time of writing, the California Spotted Owl, Tricolored Bat, Narrow-foot Hygrotus Diving Beetle, and close to 150 other animal species are awaiting official determinations by the U.S. Fish and Wildlife Service as to whether they qualify as endangered.

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The First Challenge To FOSTA Was Dismissed — Along With The First Amendment’s Unique Standing Doctrine

December 27, 2018
By Anna Windemuth '20

A few months ago, the Electronic Frontier Foundation (EFF) sued the government on First and Fifth Amendment grounds for enacting the Allow States and Victims to Fight Online Sex Trafficking Act.

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Twenty-First Century First Amendment: Public Forums in the Digital Age

October 29, 2018
By Isabel Farhi '19

In 2017, the Supreme Court recognized in Packingham v. North Carolina that “[w]hile in the past there may have been difficulty in identifying the most important places (in a spatial sense) for the exchange of views, today the answer is clear. It is cyberspace . . . and social media in particular.”

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