Free speech after 9/11
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Keywords: freedom of speech , counter-terrorism , terrorism , United States , United Kingdom , Australia. Forgot password? Don't have an account? All Rights Reserved. OSO version 0. University Press Scholarship Online. Sign in. Not registered?
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Free Speech After 9/11 - Oxford Scholarship
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Update newsletter preferences. In Detroit Free Press v. But the 3rd Circuit upheld the directive, citing compelling national-security concerns, in North Jersey Media Group v. Despite the conflict in the circuit court holdings, the Supreme Court denied an appeal from the 3rd Circuit by the North Jersey Media Group May 27, On Oct.
When the request was substantially denied by the agencies, citing security concerns, plaintiffs filed suit.
The district judge ordered the government to release the names of the detainees and their attorneys, while denying access to information about the dates and locations of arrest, detention and release. That decision was Center for National Security Studies v. Department of Justice, F.
Civil Liberties After 9-11: The ACLU Defends Freedom
District Court On appeal, the U. Circuit Court of Appeals for the District of Columbia reversed the district court decision June 17, In a 2-to-1 opinion , the court held that the information was properly withheld from the press under the national-security exemptions in the Freedom of Information Act.
The arrest and indictment of Zacarias Moussaoui on terrorism charges has spawned several access opinions.
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On Nov. In , the U. District Court for the Southern District of New York ordered the release of photos from the Abu Ghraib prison with all personal identifying information removed.
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The Defense Department appealed that order, but withdrew the appeal when the photos in question were leaked and published on the Internet. In , the district court ordered the release of those photos, and the DOD appealed to the 2nd U. Circuit Court of Appeals.
In the 2nd Circuit case, DOD v. The court rejected this argument on the grounds that it was premised on a flawed statutory interpretation of FOIA exemption 7 F. Further, since all identifying information had been redacted from the photos, no discernible privacy interest would be compromised by release.