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Unpublished Paper
Ten Years After: Bartnicki v. Vopper as a Laboratory for First Amendment Advocacy and Analysis
ExpressO (2011)
  • Eric B Easton, University of Baltimore School of Law
Abstract
Ten Years After: Bartnicki v. Vopper as a Laboratory for First Amendment Advocacy and Analysis is a retrospective article that focuses on the litigation process involved in that case and the differences among the district, circuit, and high court opinions. The district court case was a battle of controlling precedents, the circuit court case selected among established doctrinal choices, and the Supreme Court decision came down to a delicate balancing test between the values at issue. Beyond analyzing the decisions, the article also explores the influence of the principal players in the litigation: the excellent regional media lawyer who took the case to the Third Circuit; the nationally renown media defense star who argued the case before the U.S. Supreme Court; the press amici, mobilized by the New York Times and led by another media defense star; and the United States as an 800-pound gorilla intervening in this civil litigation.
Keywords
  • First Amendment,
  • newsgathering,
  • wiretapping statutes
Disciplines
Publication Date
February 20, 2011
Citation Information
Eric B Easton. "Ten Years After: Bartnicki v. Vopper as a Laboratory for First Amendment Advocacy and Analysis" ExpressO (2011)
Available at: http://works.bepress.com/eric_easton/3/