52 Cited authorities

United States v. Jones
565 U.S. 400 (2012) Cited 1,884 times 109 Legal Analyses
Holding that installation of a tracking device was "a physical intrusion would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted"
Buckley v. Valeo
424 U.S. 1 (1976) Cited 3,423 times 37 Legal Analyses
Holding that a public financing law does not "abridge, restrict, or censor" expression
Wall v. Kholi
562 U.S. 545 (2011) Cited 821 times 5 Legal Analyses
Holding "the phrase ‘collateral review’ in § 2244(d) means judicial review of a judgment in a proceeding that is not part of direct review"
United States v. Calandra
414 U.S. 338 (1974) Cited 3,174 times 12 Legal Analyses
Holding that the exclusionary rule provides that "evidence obtained in violation of the Fourth Amendment cannot be used in a criminal proceeding against the victim of the illegal search and seizure"
Roberts v. United States Jaycees
468 U.S. 609 (1984) Cited 2,014 times 7 Legal Analyses
Holding that infringement of the right to associate "may be justified by regulations adopted to serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms"
Albemarle Paper Co. v. Moody
422 U.S. 405 (1975) Cited 2,615 times 5 Legal Analyses
Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"
Kasten v. Saint-Gobain Performance Plastics
563 U.S. 1 (2011) Cited 626 times 42 Legal Analyses
Holding that “the phrase ‘any complaint’ suggests a broad interpretation”
Dolan v. Postal Service
546 U.S. 481 (2006) Cited 640 times 2 Legal Analyses
Holding that "negligent transmission" of postal matter "does not comprehend all negligence occurring in the course of mail delivery"
Forest Grove Sch. Dist. v. T.A.
557 U.S. 230 (2009) Cited 464 times
Holding these provisions give courts "discretion to reduce the amount of a reimbursement award if the equities so warrant"
United States v. Powell
379 U.S. 48 (1964) Cited 1,916 times 20 Legal Analyses
Holding that the government needs to show probable cause only when the taxpayer raises a substantial question that judicial enforcement constitutes an abuse of process
Section 2701 - Unlawful access to stored communications
18 U.S.C. § 2701 Cited 1,330 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"
Section 2703 - Required disclosure of customer communications or records
18 U.S.C. § 2703 Cited 1,214 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"
Section 2702 - Voluntary disclosure of customer communications or records
18 U.S.C. § 2702 Cited 346 times 24 Legal Analyses
Restricting use of Internet subscriber information without consent
Section 3127 - Definitions for chapter
18 U.S.C. § 3127 Cited 98 times 1 Legal Analyses
Defining pen register
Section 2709 - Counterintelligence access to telephone toll and transactional records
18 U.S.C. § 2709 Cited 45 times 8 Legal Analyses
Containing the NSL non-disclosure requirement mandating that "no [ECSP] . . . shall disclose to any person that the [FBI] has sought or obtained access to information or records under this section"
Section 1861 - Definitions
50 U.S.C. § 1861 Cited 33 times 6 Legal Analyses
Providing that "[n]o person shall disclose to any other person that the [FBI] has sought or obtained tangible things pursuant to an order under" Title V of FISA

First Unitarian Church of Los Angeles et al v. National Security Agency et al

52 Cited authorities

Holding that installation of a tracking device was "a physical intrusion would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted"

Holding that a public financing law does not "abridge, restrict, or censor" expression

Holding "the phrase ‘collateral review’ in § 2244(d) means judicial review of a judgment in a proceeding that is not part of direct review"

Holding that the exclusionary rule provides that "evidence obtained in violation of the Fourth Amendment cannot be used in a criminal proceeding against the victim of the illegal search and seizure"

Holding that infringement of the right to associate "may be justified by regulations adopted to serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms"

Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"

Holding that “the phrase ‘any complaint’ suggests a broad interpretation”

Holding that "negligent transmission" of postal matter "does not comprehend all negligence occurring in the course of mail delivery"

Holding these provisions give courts "discretion to reduce the amount of a reimbursement award if the equities so warrant"

Holding that the government needs to show probable cause only when the taxpayer raises a substantial question that judicial enforcement constitutes an abuse of process

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"

Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"

Restricting use of Internet subscriber information without consent

Defining pen register

Containing the NSL non-disclosure requirement mandating that "no [ECSP] . . . shall disclose to any person that the [FBI] has sought or obtained access to information or records under this section"

Providing that "[n]o person shall disclose to any other person that the [FBI] has sought or obtained tangible things pursuant to an order under" Title V of FISA