§Why CasetextPricing

New York Times Company et al v. U.S. Department of Justice

Cross MOTION for Partial Summary Judgment

41 Cited authorities

  1. Katz v. United States

    389 U.S. 347 (1967)   Cited 12,516 times   74 Legal Analyses
    Holding that failure to recognize a reasonable expectation of privacy in a telephone booth would "ignore the vital role that the public telephone has come to play in private communication"

  2. Smith v. Maryland

    442 U.S. 735 (1979)   Cited 2,147 times   54 Legal Analyses
    Holding that use of pen register was not a "search" for Fourth Amendment purposes

  3. Nat'l Labor Relations Bd. v. Sears, Roebuck & Co.

    421 U.S. 132 (1975)   Cited 2,048 times   7 Legal Analyses
    Holding that FOIA does not compel agencies to write or create material to explain disclosed documents

  4. Dept. of Air Force v. Rose

    425 U.S. 352 (1976)   Cited 1,671 times   1 Legal Analyses
    Holding that although "redaction cannot eliminate all risks of identifiability," it was a "familiar technique" and sufficient to protect the identities of Air Force Academy cadets described in summaries of disciplinary proceedings

  5. United States v. Miller

    425 U.S. 435 (1976)   Cited 1,127 times   44 Legal Analyses
    Holding that the government could obtain bank records through a subpoena

  6. United States v. New York Telephone Co.

    434 U.S. 159 (1977)   Cited 894 times   6 Legal Analyses
    Holding Rule 41 broad enough to authorize installation and use of pen registers

  7. Morissette v. United States

    342 U.S. 246 (1952)   Cited 2,280 times   15 Legal Analyses
    Holding that it is a defense to a charge of "knowingly converting" federal property that one did not know that what one was doing was a conversion

  8. Brayton v. Office of the United States Trade Representative

    641 F.3d 521 (D.C. Cir. 2011)   Cited 574 times
    Holding that even if the plaintiff was eligible to receive attorney fees, he was not entitled to an award because the government's initial position refusing the FOIA request was legally correct

  9. Coastal States Gas Corp. v. Dept. of Energy

    617 F.2d 854 (D.C. Cir. 1980)   Cited 1,186 times   2 Legal Analyses
    Holding that when agency auditors communicate information from third parties to the agency's regional counsel and ask for legal advice, the regional counsel's written responses containing "neutral, objective analyses of agency regulations" are not privileged

  10. Mead Data Cent., v. U.S. Dept. of Air Force

    566 F.2d 242 (D.C. Cir. 1977)   Cited 1,201 times
    Holding that attorney-client privilege is consistent with exemption contained in section 552(b) of the FOIA

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

    5 U.S.C. § 552   Cited 12,209 times   557 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

  12. Section 2510 - Definitions

    18 U.S.C. § 2510   Cited 4,265 times   79 Legal Analyses
    Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

  13. Section 1801 - Definitions

    50 U.S.C. § 1801   Cited 280 times   10 Legal Analyses
    Defining "United States person" to be a "citizen of the United States, an alien lawfully admitted for permanent residence" or certain unincorporated associations or corporations with ties to the United States

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

    18 U.S.C. § 3121   Cited 122 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

  15. Section 3127 - Definitions for chapter

    18 U.S.C. § 3127   Cited 98 times   1 Legal Analyses
    Defining pen register

  16. Section 1802 - Electronic surveillance authorization without court order; certification by Attorney General; reports to Congressional committees; transmittal under seal; duties and compensation of communication common carrier; applications; jurisdiction of court

    50 U.S.C. § 1802   Cited 31 times

    (a) (1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that- (A) the electronic surveillance is solely directed at- (i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as

  17. Section 1841 - Definitions

    50 U.S.C. § 1841   Cited 3 times

    As used in this subchapter: (1) The terms "foreign power", "agent of a foreign power", "international terrorism", "foreign intelligence information", "Attorney General", "United States person", "United States", "person", and "State" shall have the same meanings as in section 1801 of this title. (2) The terms "pen register" and "trap and trace device" have the meanings given such terms in section 3127 of title 18. (3) The term "aggrieved person" means any person- (A) whose telephone line was subject