Dirty Secrets: The First Amendment in Protective-Order Litigation

Date

2014

Authors

Benham, Dustin B.

Journal Title

Journal ISSN

Volume Title

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Abstract

Courts are split on whether the First Amendment significantly restricts a judge’s power to issue protective orders during pretrial discovery. This article contends that the First Amendment should provide significantly more protection for litigant speech during pretrial discovery.

Description

Keywords

First Amendment, protective order, Rule 26, product liability, free speech, discovery, discovery sharing, pretrial discovery

Citation

Dustin B. Benham, Dirty Secrets: The First Amendment in Protective-Order Litigation, 35 Cardozo L. Rev. 1781 (2013-2014).