Making a Shambles of the First Amendment
Did Judge Wood carefully analyze legal issues correctly? Was his reasoning coherent, logical, and based on a correct application of law? Did he cite legal authority carefully and responsibly?
January 06, 2022 at 10:00 AM
8 minute read
Constitutional LawThe decision by a Westchester judge barring The New York Times from publishing information about a notorious right-wing organization, Project Veritas, and ordering The Times to destroy information it already had published, has been described as "dangerous," "outrageous," "jaw-dropping," and "unheard of." Judge Charles Wood's issuance of a prior restraint on the press—ironically on the 50th anniversary of the Supreme Court's landmark decision in New York Times Co. v. United States (the Pentagon Papers case), which held unconstitutional any prior restraint on the press except when publication could result in direct, immediate, and irreparable damage to the Nation—is unprecedented. But as far as I can tell, no commentator has fully examined the asserted legal and constitutional basis for his decision. Did Judge Wood carefully analyze legal issues correctly? Was his reasoning coherent, logical, and based on a correct application of law? Did he cite legal authority carefully and responsibly?
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllThe Broken Agreement With KSM, and Civilian Prosecutions
Sidley Austin Scores Landmark Civil Rights Verdict Against Prolonged Solitary Confinement in State Prisons
Legal Scholars: There's Not Much Adams Could Do if Hochul Chooses to Remove Him
Law Firms Mentioned
Trending Stories
- 1The Law Firm Disrupted: Playing the Talent Game to Win
- 2GlaxoSmithKline Settles Most Zantac Lawsuits for $2.2B
- 3BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 4Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 5Inside Track: Late-Career In-House Leaders Offer Words to Live by
Who Got The Work
Eleanor M. Lackman of Mitchell Silberberg & Knupp has entered an appearance for Canon, the Japanese camera maker, and the Brooklyn Nets in a pending trademark infringement lawsuit. The case, filed Sept. 16 in California Central District Court by T-Rex Law on behalf of technology company Phinge Corporation, pursues claims against the defendants for their ongoing use of the 'Netaverse' mark. The suit contends that the defendants' use of the mark in connection with a virtual reality platform will likely create consumer confusion. The case, assigned to U.S. District Judge Consuelo B. Marshall, is 2:24-cv-07917, Phinge Corporation v. Yankees Entertainment and Sports Network, LLC et al.
Who Got The Work
Fox Rothschild partner Glenn S. Grindlinger has entered an appearance for Garage Management Company in a pending lawsuit over alleged wage-and-hour violations. The case was filed Aug. 31 in New York Southern District Court by the Abdul Hassan Law Group on behalf of a manual worker who contends that he was not properly compensated for overtime hours worked. The case, assigned to U.S. District Judge Analisa Torres, is 1:24-cv-06610, Bailey v. Garage Management Company LLC.
Who Got The Work
Veronica M. Keithley of Stoel Rives has entered an appearance for Husky Terminal and Stevedoring LLC in a pending environmental lawsuit. The suit, filed Aug. 12 in Washington Western District Court by Kampmeier & Knutsen on behalf of Communities for a Healthy Bay, seeks to declare that the defendant has violated the Clean Water Act by releasing stormwater discharges on Puget Sound and Commencement Bay. The case, assigned to U.S. District Judge Benjamin H. Settle, is 3:24-cv-05662, Communities for a Healthy Bay v. Husky Terminal and Stevedoring LLC.
Who Got The Work
Caroline Pignatelli of Cooley has entered an appearance for law firm Cooley, partner Matt Hallinan, retired partner Michael Tu and a pair of Cooley associates in a pending fraud lawsuit related to the firm's representation of startup company Carbon IQ and founder Benjamin Cantey. The case, filed Sept. 26 in New Jersey District Court by the DalCortivo Law Offices on behalf of Gould Ventures and member Jason Gould, contends that the defendants deliberately or recklessly concealed critical information from the plaintiffs regarding fraud allegations against Cantey. Gould claims that he would not have accepted a position on Carbon IQ's board of directors or made a 2022 investment in the company if the fraud allegations had been disclosed. The case, assigned to U.S. District Judge Robert Kirsch, is 3:24-cv-09485, Gould Ventures, LLC et al v. Cooley, LLP et al.
Who Got The Work
Attorneys from Skadden, Arps, Slate, Meagher & Flom have stepped in to represent PDD Holdings, the operator of online marketplaces Pinduoduo and Temu, in a pending securities class action. The case, filed Sept. 30 in New York Eastern District Court by Labaton Keller Sucharow and VanOverbeke, Michaud & Timmony, contends that the defendants concealed information that rendered the growth of PDD unsustainable and posed substantial risks to PDD’s business, including merchant policies that made it unprofitable for vendors to do business on PDD platforms; malware issues on PDD applications; and PDD’s failure to implement effective compliance systems. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-06881, Macomb County Retiree Health Care Fund v. Pdd Holdings Inc. et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250