§Why CasetextPricing

USA v. Winner

MEMORANDUM OF LAW in Support

45 Cited authorities

  1. Nixon v. Warner Communications, Inc.

    435 U.S. 589 (1978)   Cited 6,492 times   10 Legal Analyses
    Holding that "business information that might harm a litigant's competitive standing" can constitute a sufficient reason to preserve records under seal

  2. Press-Enterprise Co. v. Superior Court of California

    464 U.S. 501 (1984)   Cited 1,829 times   10 Legal Analyses
    Holding that media have a right of access to voir dire

  3. Richmond Newspapers, Inc. v. Virginia

    448 U.S. 555 (1980)   Cited 1,698 times   14 Legal Analyses
    Holding that criminaltrials must be open to the public

  4. Globe Newspaper Co. v. Superior Court

    457 U.S. 596 (1982)   Cited 1,513 times   4 Legal Analyses
    Holding that safeguarding well-being of minor is compelling and may justify closure of criminal trial from public access

  5. Press-Enterprise Co. v. Superior Court

    478 U.S. 1 (1986)   Cited 1,258 times   7 Legal Analyses
    Holding that a criminal proceeding may be closed to protect the accused's right to a fair trial only if doing so is "narrowly tailored to serve that interest," meaning that "there is a substantial probability that the defendant's right to a fair trial will be prejudiced by publicity that closure would prevent" and that "reasonable alternatives to closure cannot adequately protect the defendant's fair trial rights" (quoting Press-Enter. Co. v. Superior Ct., 464 U.S. 501, 510, 104 S.Ct. 819, 78 L.Ed.2d 629 (1984) )

  6. Sheppard v. Maxwell

    384 U.S. 333 (1966)   Cited 2,277 times   2 Legal Analyses
    Holding lawyers' communications to the press that "affect the fairness of a criminal trial [are] not only subject to regulation, but [are] highly censurable and worthy of disciplinary measures"

  7. U.S. v. Amodeo

    71 F.3d 1044 (2d Cir. 1995)   Cited 1,418 times   1 Legal Analyses
    Holding that district court abused its discretion by unsealing record

  8. Co. Doe v. Public Citizen

    749 F.3d 246 (4th Cir. 2014)   Cited 662 times   2 Legal Analyses
    Holding that the First Amendment also protects access to the judicial decision adjudicating a summary judgment motion

  9. Chicago Tribune Co. v. Bridgestone/Firestone, Inc.

    263 F.3d 1304 (11th Cir. 2001)   Cited 698 times
    Holding that "material filed with discovery motions is not subject to the common-law right of access, whereas discovery material filed in connection with pretrial motions that require judicial resolution of the merits is subject to the common-law right"

  10. Hartford Courant Co. v. Pellegrino

    380 F.3d 83 (2d Cir. 2004)   Cited 380 times   2 Legal Analyses
    Holding that there is a qualified First Amendment right of access to docket sheets from state court criminal and civil proceedings

  11. Section 2701 - Unlawful access to stored communications

    18 U.S.C. § 2701   Cited 1,372 times   135 Legal Analyses
    Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"

  12. Section 2703 - Required disclosure of customer communications or records

    18 U.S.C. § 2703   Cited 1,249 times   100 Legal Analyses
    Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"

  13. Section 1 - Repealed

    18 U.S.C. § 1   Cited 478 times   1 Legal Analyses
    Defining petty offenses as crimes "the penalty for which . . . does not exceed imprisonment for a period of six months or a fine of not more than $5,000 for an individual and $10,000 for a person other than an individual, or Page 838 both"

  14. Section 793 - Gathering, transmitting or losing defense information

    18 U.S.C. § 793   Cited 193 times   4 Legal Analyses
    Referring to § 793 "for the purpose aforesaid"

  15. Section 3123 - Issuance of an order for a pen register or a trap and trace device

    18 U.S.C. § 3123   Cited 127 times   3 Legal Analyses
    Requiring certification by the applicant "that the information likely to be obtained ... is relevant to an ongoing criminal investigation"

  16. Section 3121 - General prohibition on pen register and trap and trace device use; exception

    18 U.S.C. § 3121   Cited 125 times   9 Legal Analyses
    Granting the BOP unfettered discretion to designate the place of a prisoner's imprisonment, including placement in a community correctional facility

  17. Section 50.10 - Policy regarding obtaining information from or records of members of the news media; and regarding questioning, arresting, or charging members of the news media

    28 C.F.R. § 50.10   Cited 38 times
    Noting "the intent of this Section to protect freedom of the press, news gathering functions, and news media sources . . ."