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United States of America v. Rojadirecta.org et al

REPLY MEMORANDUM OF LAW in Support re: 41 MOTION to Dismiss NOTICE OF CLAIMANT PUERTO 80 PROJECTS, S.L.U.'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT.. Document

35 Cited authorities

  1. New York Times Co. v. Sullivan

    376 U.S. 254 (1964)   Cited 6,926 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. Reno v. American Civil Liberties Union

    521 U.S. 844 (1997)   Cited 991 times   13 Legal Analyses
    Holding parts of § 223 unconstitutional under the First Amendment

  3. Va. Pharmacy Bd. v. Va. Consumer Council

    425 U.S. 748 (1976)   Cited 1,735 times   5 Legal Analyses
    Holding society and consumers both have a strong interest "in the free flow of commercial information"

  4. Virginia v. American Booksellers Assn

    484 U.S. 383 (1988)   Cited 800 times   1 Legal Analyses
    Holding that plaintiffs pleaded Article III injury where they alleged "actual and well-founded fear that the law will be enforced against them," explaining that "alleged danger of this statute is . . . one of self-censorship; a harm that can be realized even without an actual prosecution"

  5. Alexander v. United States

    509 U.S. 544 (1993)   Cited 543 times   8 Legal Analyses
    Holding that in personam criminal forfeiture is subject to the Excessive Fines Clause

  6. Red Lion Broadcasting Co. v. Federal Communications Commission

    395 U.S. 367 (1969)   Cited 1,181 times   2 Legal Analyses
    Holding that a court must give “great weight” to amendments to a statute that clarify its proper construction

  7. New York Times Co. v. United States

    403 U.S. 713 (1971)   Cited 863 times   3 Legal Analyses
    Holding that a claim of potential harm to national security does not provide the executive branch with unconstrained authority to override the freedom of the press

  8. Lo-Ji Sales, Inc. v. New York

    442 U.S. 319 (1979)   Cited 592 times   3 Legal Analyses
    Holding that officers' inspection of items located behind an enclosed display case constituted a search because it was more intrusive than that of an ordinary customer

  9. Arcara v. Cloud Books, Inc.

    478 U.S. 697 (1986)   Cited 273 times   1 Legal Analyses
    Holding that “the First Amendment is not implicated by the enforcement of” laws “directed at unlawful conduct having nothing to do with ... expressive activity”

  10. Marcus v. Search Warrant

    367 U.S. 717 (1961)   Cited 567 times   1 Legal Analyses
    Striking down a search warrant authorizing seizure of "obscene materials" because it was impossible to execute warrant "with any realistic expectation that the obscene might be accurately separated from the constitutionally protected"

  11. Section 983 - General rules for civil forfeiture proceedings

    18 U.S.C. § 983   Cited 2,801 times   8 Legal Analyses
    Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"

  12. Section 506 - Criminal offenses

    17 U.S.C. § 506   Cited 274 times   13 Legal Analyses
    Criminalizing fraudulent use of copyright notice

  13. Section 2323 - Forfeiture, destruction, and restitution

    18 U.S.C. § 2323   Cited 79 times   1 Legal Analyses
    Authorizing criminal forfeiture of property or proceeds related to a § 2320 offense, under the procedures outlined in 21 U.S.C. 853