Dirty Secrets: The First Amendment in Protective-Order Litigation
Date
2014
Authors
Benham, Dustin B.
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Journal ISSN
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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).