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1) 11 Night Hawk Ltd. v. Briarpatch Ltd.. L.P., No. 03 Civ. 1382 RWS, 2003 WL 23018833 (S.D.N.Y. Dec. 23, 2003) 10, 11 Oppenheimer Fund. Inc. v. Sanders 437 U.S. 340 (1978) 10 Patterson v. Burge. No. 03 C 4433, 2005 WL 43240 (N.D. III. Jan 6, 2005) 4.5 Persky v. Yeshiva Univ. No. 01 Civ. 4278 (
§ 79-h(b), (c).° But the Court need not even consider the scope of the reporter's privilege or if it has been waived. Without relying on an explicit First Amendment, common law or statutory privilege, under Rules 26 and 45, federal courts have nonetheless factored in the burden on First Amendment rights when an
1) 11 Night Hawk Ltd. v. Briarpatch Ltd.. L.P., No. 03 Civ. 1382 RWS, 2003 WL 23018833 (S.D.N.Y. Dec. 23, 2003) 10, 11 Oppenheimer Fund. Inc. v. Sanders 437 U.S. 340 (1978) 10 Patterson v. Burge. No. 03 C 4433, 2005 WL 43240 (N.D. III. Jan 6, 2005) 4.5 Persky v. Yeshiva Univ. No. 01 Civ. 4278 (
§ 79-h(b), (c).° But the Court need not even consider the scope of the reporter's privilege or if it has been waived. Without relying on an explicit First Amendment, common law or statutory privilege, under Rules 26 and 45, federal courts have nonetheless factored in the burden on First Amendment rights when an
e as mine with the exception of Artie Edelman and Bernie Beck, whose parents were better educated and more
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
dinner. My wife and I then attended a concert at Sanders Theater. At 5:30 on Saturday morning, I flew to
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
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