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Electronic Frontier Foundation v. Office of the Director of National Intelligence et al

MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction

44 Cited authorities

  1. New York Times Co. v. Sullivan

    376 U.S. 254 (1964)   Cited 6,910 times   36 Legal Analyses
    Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice

  2. U.S. Dept. of Justice v. Reporters Committee

    489 U.S. 749 (1989)   Cited 1,918 times   1 Legal Analyses
    Holding that disclosure of "[o]fficial information that sheds light on an agency's performance of its statutory duties falls squarely within [FOIA's] statutory purpose"

  3. National Archives and Records Admin. v. Favish

    541 U.S. 157 (2004)   Cited 829 times
    Holding that "[g]iven FOIA's pro-disclosure purpose," a less stringent standard whereby a requester need only "produce evidence that would warrant a belief by a reasonable person" "is more faithful to the statutory scheme" in some contexts

  4. Cornelius v. Naacp Legal Defense Ed. Fund

    473 U.S. 788 (1985)   Cited 1,546 times
    Holding that a charitable fundraising drive conducted in a federal workplace was a nonpublic forum

  5. Kos Pharmaceuticals, Inc. v. Andrx Corp.

    369 F.3d 700 (3d Cir. 2004)   Cited 1,020 times   3 Legal Analyses
    Holding that “ ‘trademark infringement amounts to irreparable injury as a matter of law’ ” (quoting S & R Corp. v. Jiffy Lube Int'l, Inc., 968 F.2d 371, 378 (3d Cir.1992))

  6. Oglesby v. U.S. Dept. of Army

    920 F.2d 57 (D.C. Cir. 1990)   Cited 1,544 times
    Holding that FOIA administrative exhaustion requirement is jurisdictional

  7. Board of Education v. Pico ex rel. Pico

    457 U.S. 853 (1982)   Cited 451 times   5 Legal Analyses
    Holding that while school boards "rightly possess significant discretion to determine the content of their school libraries . . . that discretion may not be exercised in a narrowly partisan or political manner"

  8. Vaughn v. Rosen

    484 F.2d 820 (D.C. Cir. 1973)   Cited 1,964 times   1 Legal Analyses
    Holding that an indexing system was necessary in FOIA cases to " assure that a party's right to information is not submerged beneath governmental obfuscation and mischaracterization, and permit the Court system effectively and efficiently to evaluate the factual nature of disputed information."

  9. Sierra On-Line, Inc. v. Phoenix Software

    739 F.2d 1415 (9th Cir. 1984)   Cited 823 times
    Holding that good faith is put at issue by choice of infringing phrase when other phrases were available because it may indicate "an intent to trade on [mark holder's] good will and product identity"

  10. Senate of Puerto Rico v. U.S. Dept of Justice

    823 F.2d 574 (D.C. Cir. 1987)   Cited 490 times
    Holding that the district court did not abuse its discretion in permitting the Government to invoke other FOIA exemptions after its initial reliance on 7 "collapse[d]," and leaving open the question of whether the conclusion of law-enforcement proceedings constitutes a "substantial change in the factual context of the case" sufficient to invoke an appellate court's section 2106 discretion to remand

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,681 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,390 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,408 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  14. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,169 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  15. Section 16.5 - Timing of responses to requests

    28 C.F.R. § 16.5   Cited 45 times
    Regarding timing of responses to requests and permitting multitrack processing