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
By Rachel Cheong '19

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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Are Unpublished Opinions Inconsistent with the Right of Access?

November 19, 2018
By Katrin Marquez

By the end of their first week in law school, law students have all learned at least one thing: the Federal Rules of Civil Procedure (“FRCP”) are very important.

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