MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss . MOTION for Summary Judgment ., 16 MOTION for Summary Judgment . and Reply in Support of Plaintiff's Motion for Summary Judgment. Document
407 U.S. 297 (1972) Cited 1,391 times 6 Legal Analyses
Holding that no warrant exception existed for "domestic security" surveillance but explicitly stating that the Court had "not addressed, and express[ed] no opinion as to, the issues which may be involved with respect to activities of foreign powers or their agents"
420 U.S. 469 (1975) Cited 948 times 5 Legal Analyses
Holding that a radio station could not constitutionally be held liable for broadcasting the name of a rape victim, because the victim's name was contained in public records
515 U.S. 593 (1995) Cited 382 times 9 Legal Analyses
Holding that "if the defendant lacks knowledge that his actions are likely to affect the judicial proceeding, he lacks the requisite intent to obstruct"
494 U.S. 624 (1990) Cited 128 times 1 Legal Analyses
Holding state confidentiality law unconstitutional "insofar as [it] prohibits a grand jury witness from disclosing his own testimony after the term of the grand jury has ended," but leaving in place "that part of the . . . statute which prohibited] the witness from disclosing the testimony of another witness" (emphasis omitted
Holding that although government could rely on an exemption it raised for the first time in the district court, it could not do so for the first time in the appellate court because otherwise there would be prejudice to requesting party who had had no opportunity to challenge and test the agency's evidence with respect to the applicability of the exemption
18 U.S.C. § 2703 Cited 1,216 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"
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"