On Tuesday, April 2, 2019, the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University filed a lawsuit in the United States District Court, District of Maryland, on behalf of five former federal employees challenging the constitutionality of prepublication review. Former government and intelligence agency employees must submit manuscripts and drafts for government review before publication due to a lifelong obligation to keep national security secrets for as long as the information is considered classified by the government. The lawsuit alleges violations of both the First Amendment and the Fifth Amendment.
Articles Tagged with fifth amendment
California Judge Rules That Cops Cannot Force You to Unlock your iPhone with Your Finger or Your Face
In what will potentially become a landmark decision, the U.S. District Court for the Northern District of California gave the order as a part of a denial of a search warrant for a property in Oakland.
Posted in:
Criminal Law, Privacy
Federal Judge Rules White House Must Restore Press Credentials for CNN’s Jim Acosta
A federal district court judge in the District of Columbia today ruled that the White House must restore the press credentials of Jim Acosta, a CNN journalist. Acosta had reportedly engaged in a heated exchange with the president during a news conference last week over the president's regular disparagement of mainstream news as "fake news." CNN filed the lawsuit on Tuesday, November 13, arguing that the revocation violated Acosta's rights to free speech and due process, and seeking a preliminary injunction to reinstate Acosta's press credentials.
Posted in:
Free Speech
Florida Courts Split on Right of Criminal Suspect to Withhold iPhone Passcode
Two Florida district courts have reached clashing conclusions on whether a suspect in a criminal case can invoke the Fifth Amendment to withhold their iPhone passcode from law enforcement. In the older case, State of Florida v. Stahl, the court ruled that a criminal suspect does not have this right under the Constitution. (This case involved…
Minor Whose Driving Resulted in Someone’s Death Cannot Be Forced to Reveal Passcode
October 24, 2018 -- The 4th District appellate court ruled in G.A.Q.L. v State of Florida that an intoxicated minor involved in a car crash that killed someone cannot be forced to reveal the passcode to his iPhone. The teen, known as G.A.Q.L., was allowed to plead the Fifth Amendment clause, shielding him from self-incrimination. He had been found with a blood alcohol level of 0.086, which is over the legal limit, at the hospital after the car crash had occurred.
