Legal Opinion
Bernstein v. United States Department of Justice
Court of Appeals for the Ninth Circuit
Decided May 6, 1999No. 97-16686PublishedCited by 7 opinions
1Opinion of the Court
Opinion by Judge FLETCHER; Concurrence by Judge BRIGHT; Dissent by Judge T.G. NELSON.
FLETCHER, Circuit Judge:
The government defendants appeal the grant of summary judgment to the plaintiff, Professor Daniel J. Bernstein (“Bernstein”), enjoining the enforcement of certain Export Administration Regulations (“EAR”) that limit Bernstein’s ability to distribute encryption software. We find that the EAR regulations (1) operate as a prepublication licensing scheme that burdens scientific expression, (2) vest boundless discretion in government officials, and (3) lack adequate procedural safeguards.…
2Cases cited32 opinions
- Buckley v. ValeoSupreme Court of the United States · 1976
- United States v. O'BrienSupreme Court of the United States · 1968
- FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990
- Nebraska Press Assn. v. StuartSupreme Court of the United States · 1976
- Whalen v. RoeSupreme Court of the United States · 1977
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3Cited by7 opinions
- Universal City Studios, Inc. v. CorleyCourt of Appeals for the Second Circuit · 2001
- Universal City Studios, Inc. v. ReimerdesDistrict Court, S.D. New York · 2000
- Universal City Studios, Inc. v. ReimerdesDistrict Court, S.D. New York · 2000
- Bernstein v. United States Department Of JusticeCourt of Appeals for the Ninth Circuit · 1999
- Bernstein v. United States Department of JusticeCourt of Appeals for the Ninth Circuit · 1999
2 more not listed; retrieve them via the Exa API.