Epstein Secrets

on law 'a general right to inspect and copy public records and documents,"' such a right "is not absolute." Salemme, 985 F.Supp. at 194-95, quoting Nixon v. Warner Communications, 435 U.S. 589, 597, 98 S.Ct. 1306, 1312, 55 L.Ed.2d 570 (1978). Instead, "'judicial documents are presumptively available

uments now at issue is appropriate even under the less stringent common law standard for justifying impoundment, it is not necessary to engage in a First Amendment analysis as well. Salemme, 985 F.Supp. at 195, n.4. When applicable, the First Amendment right of access precludes sealing of documents and/or the

has observed that the executive branch "has exclusive authority and absolute discretion to decide whether to prosecute a case," United States v. Nixon, 418 U.S. 683, 693, 94 S.Ct. 3090, 41 L.Ed2d 1039 (1974), and the Gov- ernment therefore argues that courts lack jurisdiction to enjoin a criminal

gious organizations on federal income tax returns stated cause of action for dis- crimination among religions prohibited by establishment clause of First Amendment. 26 U.S.C.A. § 170; Fed.Rules Civ.Proc. Rule 12(b)(6), 28 U.S.C.A.; U.S.C.A. Conan. Amend. 1. 4. Constitutional Law 4=,84(I) Establishment claus

tion of JFK, to the forced resignation of Richard Nixon, to the Chappaquiddick investigation of Ted Kenne

f, the frequency and promiscuousness of its invocation — little more than a caricature of logical argumentation. From the beginning of my career as a First Amendment lawyer, I have taken aim at this analogy, both in my writings and in my cases. In my view, it is one of the least persuasive, though most influential

418 4.2.12 WC: 191694 as “so proud” and so “endowed with intelligence,” but who “have in the main given their acquiescence or their support to the Nixon ethos” which has led to the death, maiming, and displacement of “some six million Southeast Asians.” Berrigan referred to the ironic figure of 6 mill

gions or “cults.” The difficult question of how to balance freedom of religion with the equally important freedom from religion—the two sides of the First Amendment coin—is never going to be neatly resolved in a pluralistic democracy; it is an ongoing tight rope walk that requires sensitivity from all sides. It a

The Supreme Court has indicated a number of relevant factors that this Court considers in resolving the balancing test. Writing for the majority in Nixon, Justice Powell stated that this Court Alook[s] to whether the records are sought for such illegitimate purposes as to promote public scandal or ga

rted not only by the Eleventh Circuit cases cited throughout this pleading but also by the Supreme Court, which upheld a protective order against a First Amendment challenge finding that information learned during the discovery process is not subject to public release in part because of the risk that informati