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23 Jun 2021, 2:46 pm by Susan Landau
U.S. defendants can request access to the evidence, but there is, as Judge Stephen Smith has detailed, increasing deference in federal courts to so-called "law enforcement privilege"—the withholding of information about evidence-gathering techniques during a trial—can extend to software and prevent its examination for errors. [read post]
23 Jun 2021, 2:46 pm by Susan Landau
U.S. defendants can request access to the evidence, but there is, as Judge Stephen Smith has detailed, increasing deference in federal courts to so-called "law enforcement privilege"—the withholding of information about evidence-gathering techniques during a trial—can extend to software and prevent its examination for errors. [read post]
18 Jun 2021, 1:20 pm by Jim Oleske
Joined by Justice Brett Kavanaugh in full and Justice Stephen Breyer in part, Barrett expresses an openness to revisiting Smith in an appropriate case, but critically, she challenges the “prevailing assumption” that overruling Smith should mean adopting a “categorical strict scrutiny regime” for incidental burdens on religious practices. [read post]
17 Jun 2021, 10:04 am by Amy Howe
Chief Justice John Roberts wrote for the court, in an opinion that was joined by Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh and Amy Coney Barrett. [read post]
6 Jun 2021, 4:17 pm by INFORRM
  The Guardian has a piece The case in courtroom 18D: Ben Roberts-Smith defamation case set for momentous 12-week trial. [read post]
15 Apr 2021, 7:13 am by Jim Oleske
Supporters argued that the theory had roots in Smith itself (specifically its explanation of the earlier Sherbert v. [read post]
14 Apr 2021, 4:07 pm by INFORRM
Over-vigorous application of a statutory offence might be greeted in similar terms to those employed by the Lord Chief Justice in the Twitter Joke Trial case (Chambers v DPP), an appeal from conviction under s.127 of the Communications Act 2003: “The 2003 Act did not create some newly minted interference with the first of President Roosevelt’s essential freedoms – freedom of speech and expression. [read post]
24 Feb 2021, 4:28 pm by INFORRM
Dr Robin Callender Smith is Honorary Professor of Media Law at Queen Mary, University of London’s Centre for Commercial Law Studies. [read post]
22 Jan 2021, 8:26 am by Eugene Volokh
Forte, Andrew Geronimo, Raymond Ku, Stephen Lazarus, Kevin Francis O'Neill, Margaret Christine Tarkington, Aaron H. [read post]