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First Amendment › Criminal Investigations

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Melito & Adolfsen

A Grand Jury Would Indict A Ham Sandwich (but not the person who throws it)!

Melito & Adolfsen on

In New York, there has been an expression among prosecutors that a grand jury would indict a ham sandwich.  As silly as that sounds in light of the serious nature of an indictment, the expression itself is an indictment of...more

Fox Rothschild LLP

The U.S. Supreme Court Creates a Problem it Sought to Solve

Fox Rothschild LLP on

With a few exceptions the Supreme Courts of the United States both in Washington and 50 state capitals are courts of “limited jurisdiction.” That is to say that they don’t hold trials and they essentially determine what cases...more

Womble Bond Dickinson

U.S. Customs Opens Mass Searches of Data on Confiscated Traveler Smartphones, Computers

Womble Bond Dickinson on

I am an advocate of providing law enforcement officers the newest technology to do their jobs well. If there is a recording of an event, the police should be able to use it. If a stingray can capture cell phone...more

Womble Bond Dickinson

The Constitution Protects Faces in the Crowd

Womble Bond Dickinson on

Unlimited law enforcement application of facial recognition software to surveillance footage is an unreasonable search and a violation of Constitutional rights for people in a peaceful crowd. An officer should need to...more

Womble Bond Dickinson

Take Video, But Secure a Warrant to Run Facial Recognition Software

Womble Bond Dickinson on

Last week’s tech company announcements about facial recognition software startled me, but probably not for the reason you might imagine. Amazon, IBM and Microsoft all boosted their socially conscious credibility by moving...more

Womble Bond Dickinson

Surveillance Society Meets Political Protest

Womble Bond Dickinson on

You are being watched. And in these trying times of COVID-19 and major political protests, surveillance matters. It seems everyone is making judgments about whether we protect ourselves or society when we leave the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2020 #2

Shook, Hardy & Bacon L.L.P. on

LEGISLATION, REGULATIONS & STANDARDS - France to Ban Mass Culling of Male Chicks - France’s agriculture minister has reportedly announced that the country will prohibit the mass culling of male chicks shortly after they...more

Ballard Spahr LLP

News Organizations Win Release of Search Warrant Materials in Michael Cohen Cases

Ballard Spahr LLP on

Holding that search warrants issued under the Stored Communications Act are subject to a "common law presumption of access," the chief judge of the U.S. District Court for the District of Columbia has unsealed five search...more

Fenwick & West LLP

Court Says Glassdoor Must Disclose Anonymous Reviewers’ Information in Grand Jury Proceedings

Fenwick & West LLP on

In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more

Jackson Walker

U.S. Attorney General Announces Plans to Pursue Leak Investigations

Jackson Walker on

Earlier this month, U.S. Attorney General Jeff Sessions signaled a potential sea change in the Department of Justice’s treatment of the news media. Sessions proclaimed that the Justice Department will pursue leak...more

CMCP - California Minority Counsel Program

Controversy on Controversy: Developments in First Amendment Doctrine Respecting Compelled Commercial Disclosures

CMCP - California Minority Counsel Program on

The First Amendment is well known as a limit on state power to restrain speech. Attempts to censor a newspaper, film, or video game, or to limit discussion in a public forum, are subject to the most exacting — and often...more

Latham & Watkins LLP

Are Changes in Store for the Stored Communications Act?

Latham & Watkins LLP on

Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

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