Silveira v. Lockyer, 312 F.3d 1052, is a decision by the United States Court of Appeals for the Ninth Circuit ruling that the Second Amendment to the United States Constitution did not guarantee individuals the right to bear arms. The case involved a challenge to the constitutionality of the Roberti-Roos Assault Weapons Control Act of 1989 (AWCA), California legislation that banned the manufacture, sale, transportation, or importation of specified semi-automatic firearms. The plaintiffs alleged that various provisions of the AWCA infringed upon their individual constitutionally-guaranteed right to keep and bear arms.
Mary Margaret McKeown is a Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit based in San Diego. McKeown has served on the Ninth Circuit since her confirmation in 1998.
Stephen Roy Reinhardt was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit, with chambers in Los Angeles, California. He was the last federal appeals court judge in active service to have been appointed to his position by President Jimmy Carter.
Diarmuid Fionntain O'Scannlain is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. His chambers are located in Portland, Oregon.
Junger v. Daley is a court case brought by Peter Junger challenging restrictions on the export of encryption software outside of the United States.
John Doe v. Alberto R. Gonzales was a case in which the American Civil Liberties Union (ACLU), Library Connection, and several then-pseudonymous librarians, challenged Section 2709 of the Patriot Act; it was consolidated on appeal with a separate case, Doe v. Ashcroft.
United States v. Arnold, 533 F.3d 1003, is a United States court case in which the United States Court of Appeals for the Ninth Circuit held that the Fourth Amendment to the United States Constitution does not require government agents to have reasonable suspicion before searching laptops or other digital devices at the border, including international airports.
The Electronic Frontier Foundation (EFF) is an international non-profit advocacy and legal organization based in the United States.
United States v. Weitzenhoff, 35 F.3d 1275 is a legal opinion from the Ninth Circuit Court of Appeals that addresses the confusing mens rea requirement of a federal environmental law that imposed criminal sanctions on certain polluters. The main significance of the court's opinion was that it interpreted the word "knowingly" in the statute to mean a general awareness of the wrongfulness of one's actions or the likelihood of illegality, rather than an actual knowledge of the statute being violated. Circuit Court Judge Betty Binns Fletcher authored the majority's legal opinion in this case.
Nordyke v. King was a case in the United States Court of Appeals for the Ninth Circuit in which a ban of firearms on all public property and whether the Second Amendment should be applied to the state and local governments is to be decided. After several hearings at different levels of the federal court system, Alameda County, California promised that gun shows could be held on county property, essentially repudiating its ordinance.
Vernor v. Autodesk, Inc. was a case in the United States District Court for the Western District of Washington regarding the applicability of the first-sale doctrine to software sold under the terms of so-called "shrinkwrap licensing." The court held that when the transfer of software to the purchaser materially resembled a sale it was, in fact, a "sale with restrictions on use" giving rise to a right to resell the copy under the first-sale doctrine. As such, Autodesk could not pursue an action for copyright infringement against Vernor, who sought to resell used versions of its software on eBay. The decision was appealed to the United States Court of Appeals for the Ninth Circuit, which issued a decision on September 10, 2010, reversing the first-sale doctrine ruling and remanding for further proceedings on the misuse of copyright claim. The Ninth Circuit's decision asserted that its ruling was compelled by Ninth Circuit precedent, but observed that the policy considerations involved in the case might affect motion pictures and libraries as well as sales of used software.
Robert L. "Bob" Corn-Revere is an American First Amendment lawyer. Corn-Revere is the Chief Counsel at the Foundation for Individual Rights and Expression and was formerly a partner at Davis Wright Tremaine LLP in Washington, D.C. He is regularly listed as a leading First Amendment and media law practitioner by The Best Lawyers in America (Woodward/White), SuperLawyers Washington, D.C., and by Chambers USA . Best Lawyers in America named him as Washington, D.C.’s 2017 “Lawyer of the Year” in the areas of First Amendment Law and Litigation – First Amendment. He was again named as Best Lawyers’ “Lawyer of the Year” for First Amendment Law for 2019 and 2021, and in Media Law for 2022.
Navajo Nation v. United States Forest Service, 479 F.3d 1024, reversed after rehearing en banc, 535 F.3d 1058 was brought to the United States Court of Appeals for the Ninth Circuit in 2007. It was a case that was brought about by previous cases dealing with the expansion of the Snowbowl ski resort on the government-owned sacred lands of the Navajo peoples located in northern Arizona. In Navajo Nation v. U.S. Forest Service, the conflict escalated with the Federal government's use of artificial snow containing treated sewage on the sacred San Francisco Peaks, an area that is owned by the Federal government. The Navajo people, along with twelve other nations, made the appeal, citing that the use of sewage water violated the Religious Freedom Restoration Act.
Jewel v. National Security Agency, 673 F.3d 902, was a class action lawsuit argued before the District Court for the Northern District of California and the Court of Appeals for the Ninth Circuit, filed by Electronic Frontier Foundation (EFF) on behalf of American citizens who believed that they had been surveilled by the National Security Agency (NSA) without a warrant. The EFF alleged that the NSA's surveillance program was an "illegal and unconstitutional program of dragnet communications surveillance" and claimed violations of the Fourth Amendment.
United States v. Nosal, 676 F.3d 854 was a United States Court of Appeals for the Ninth Circuit decision dealing with the scope of criminal prosecutions of former employees under the Computer Fraud and Abuse Act (CFAA). The Ninth Circuit's first ruling established that employees have not "exceeded authorization" for the purposes of the CFAA if they access a computer in a manner that violates the company's computer use policies—if they are authorized to access the computer and do not circumvent any protection mechanisms.
Veeck v. Southern Bldg. Code Congress Int'l, Inc., 293 F.3d 791, was a 2002 en banc 9-6 decision of the United States Court of Appeals for the Fifth Circuit, about the scope of copyright protection for building codes and by implication other privately drafted laws adopted by states and municipal governments. A three-fifths majority of the court's fifteen judges held that copyright protection no longer applied to model codes once they were enacted into law.
Garcia v. Google, Inc., 786 F.3d 733, is an ongoing dispute that arose when Cindy Lee Garcia sued Google and its video-sharing website, YouTube, to have the controversial film, Innocence of Muslims, taken down from the site. A California district court denied Garcia's motion for preliminary injunction, but, on appeal, a panel of the United States Court of Appeals for the Ninth Circuit reversed the lower court's decision, ordered YouTube to take down all copies of Innocence of Muslims, and remanded the case to the district court for reconsideration. In May 2015, in an en banc opinion, the Ninth Circuit reversed the panel's decision, vacating the order for the preliminary injunction.
Reed v. Town of Gilbert, 576 U.S. 155 (2015), is a case in which the United States Supreme Court clarified when municipalities may impose content-based restrictions on signage. The case also clarified the level of constitutional scrutiny that should be applied to content-based restrictions on speech. In 2005, Gilbert, Arizona adopted a municipal sign ordinance that regulated the manner in which signs could be displayed in public areas. The ordinance imposed stricter limitations on signs advertising religious services than signs that displayed "political" or "ideological" messages. When the town's Sign Code compliance manager cited a local church for violating the ordinance, the church filed a lawsuit in which they argued the town's sign regulations violated its First Amendment right to the freedom of speech.
Marcia Clare Hofmann is an American attorney and US-UK Fulbright Scholar. Hofmann is known for her work as an advocate of electronic privacy and free expression, including defending individuals charged with high-profile computer crimes, such as Marcus Hutchins and Weev.
