Case: Bernstein v. U.S. Department of Justice

3:95-cv-00582 | U.S. District Court for the Northern District of California

Filed Date: Feb. 21, 1995

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On February 21, 1995, a PhD student in mathematics and cryptography at the University of California, Berkeley, filed this lawsuit in the U.S. District Court in the Northern District of California. The plaintiff sued the United States Government, including the U.S. State Department and the National Security Agency under the Administrative Procedure Act. The plaintiff, represented by attorneys from the First Amendment Project as well as private attorneys, asked the court for declaratory and injunctive relief from the government’s enforcement of the Arms Export Control and the International Traffic in Arms Regulations (ITAR). Specifically, the plaintiff claimed that the process for registering encryption algorithms as if they were physical weapons violated his First Amendment rights to free speech.

On April 15, 1996, Judge Marilyn H. Patel denied the defendant’s motion to dismiss on the basis that the claims that the plaintiff made were indeed justiciable. 922 F. Supp. 1426 (N.D. Cal. 1996). Most importantly, Judge Patel affirmed for the first time that source code was to be considered speech for the purposes of First Amendment claims.

On December 9, 1996, Judge Patel released another order granting in part and denying in part both the plaintiff’s and the defendants’ motions for summary judgement, neither of which materially affected the case. The holding of that case was that the ITAR effected an unconstitutional prior restraint on speech due to inadequate procedural safeguards. Just prior to the court's order, the government transferred jurisdiction over the export of nonmilitary encryption products to the Department of Commerce, and the plaintiff amended his complaint to include that department as a defendant in this matter.

On August 25, 1997, Judge Patel found that the regulations on encryptions were an unconstitutional prior restraint in violation of the First and enjoined the defendants from enforcing the regulations against the plaintiff or against anyone else who sought to use, discuss or publish the plaintiff's encryption program. 974 F. Supp. 1288 (N.D. Cal. 1997). On September 9, 1997, Judge Patel granted the defendant’s motion to stay the injunction pending appeal; on September 22 the Ninth Circuit agreed to expedite the appeal process. The Ninth Circuit held oral argument on December 8, 1997 and affirmed the trial court’s decision in an opinion released on May 6, 1999. 176 F.3d 1132 (9th Cir. 1999). However, the defendants petitioned for an en banc rehearing and it was granted, and the initial decision withdrawn. 192 F.3d 1308 (9th Cir. 1999).

Before the Ninth Circuit could hold a rehearing, the defendants once again changed the regulations at issue, and on April 11, 2000, the Ninth Circuit dismissed the case without prejudice and remanded it to the district court. The new regulations loosened up the government oversight of open source encryption software. However, the plaintiff filed an amended complaint based on his claim that the regulations were still too burdensome. Despite his new claims, on July 8, 2003, Judge Patel ruled against the plaintiff and granted summary judgement to the defendants, holding that the plaintiff did not have standing to bring this action.

This case is now closed.

Summary Authors

Kat Brausch (6/20/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10430068/parties/bernstein-v-us-dept-of-state/

Judge(s)

Bright, Myron H. (North Dakota)

Attorney for Plaintiff

Bernstein, Daniel (New York)

Cohn, Cindy A. (California)

Attorney for Defendant

Coppolino, Anthony J. (District of Columbia)

Expert/Monitor/Master/Other

Bauld, William A. (California)

Judge(s)

Bright, Myron H. (North Dakota)

Fletcher, Betty Binns (Washington)

Hug, Procter Ralph Jr. (Nevada)

Mills, Richard Henry (Illinois)

Nelson, Thomas G. (Idaho)

Patel, Marilyn Hall (California)

Attorney for Plaintiff

Bernstein, Daniel (New York)

Cohn, Cindy A. (California)

Corn-Revere, Robert (California)

Greene, David A (California)

Olson, Karl (California)

Pace, Sarah E. (Illinois)

Revere, Robert Corn (District of Columbia)

Tien, Lee (California)

Wheaton, James Russell (California)

Winter, Richard R. (Illinois)

Attorney for Defendant

Coppolino, Anthony J. (District of Columbia)

Garvey, Vincent M. (District of Columbia)

Hunger, Frank W. (District of Columbia)

Mueller, Robert S. III (California)

Snead, Jacqueline E. Coleman (District of Columbia)

Uitti, Mary Beth (California)

Other

Bauld, William A. (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:95-cv-00582	Docket Report	March 24, 2006	March 24, 2006 Docket
35 94-03129	Order / Opinion U.S. District Court for the Central District of California	April 17, 1996	April 17, 1996 Order/Opinion 922 F.Supp. 132
107 3:95-cv-00582	Memorandum and Opinion	Dec. 9, 1996	Dec. 9, 1996 Order/Opinion 945 F.Supp. 1279
139 3:95-cv-00582	Order / Opinion	Aug. 25, 1997	Aug. 25, 1997 Order/Opinion 974 F.Supp. 1288
97-16686	Order / Opinions [two concurring, one dissent] U.S. Court of Appeals for the Ninth Circuit	Dec. 8, 1997	Dec. 8, 1997 Order/Opinion 176 F.3d 1132
97-16686	Order U.S. Court of Appeals for the Ninth Circuit	Sept. 30, 1999	Sept. 30, 1999 Order/Opinion 192 F.3d 1308
169 3:95-cv-00582	Complaint	Jan. 7, 2002	Jan. 7, 2002 Complaint

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Bernstein v. Department of Justice Global Freedom of Expression	The U.S. Court of Appeals for the Ninth Circuit determined that regulatory restrictions on an individual’s ability to publish encryption source code was a violation of the First Amendment. Daniel Ber…	May 6, 1999	May 6, 1999 https://globalfreedomofexpression.columbia.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/10430068/bernstein-v-us-dept-of-state/

Last updated Aug. 21, 2026, 5:33 a.m.

Docket for: Bernstein v. US Dept. of State

ECF Number	Date	Description	Link
1	Feb. 21, 1995	COMPLAINT Summons(es) issued; Fee status pd entered on 2/21/95 in the amount of $120.00 (Receipt No. 35791) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 02/21/1995)	RECAP
2	Feb. 21, 1995	ORDER RE COURT PROCEDURE and SCHEDULE (ADR Pilot) by Judge Marilyn H. Patel : Proof of service to be filed by 4/7/95 ; counsels' case management statement to be filed by 6/13/95 ; initial case management conference will be held 9:30 6/23/95 (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 02/21/1995)	RECAP
3	Feb. 21, 1995	EX-PARTE APPLICATION before Judge Marilyn H. Patel by Plaintiff for order sealing exhibits to complaint [3:95-cv-00582] (gba, COURT STAFF) (Entered: 02/21/1995)	RECAP
	Feb. 21, 1995	RECEIVED Order (Plaintiff) re: [3-1] [3:95-cv-00582] (gba, COURT STAFF)
4	Feb. 27, 1995	ORDER by Judge Marilyn H. Patel granting plaintiff's motion for order sealing exhibits to complaint [3-1] (Date Entered: 2/27/95) (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 02/27/1995)	RECAP
5	Feb. 27, 1995	"FILED UNDER SEAL" EXHIBITS re complaint [1-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 02/27/1995)	RECAP
6	March 14, 1995	NOTICE by defendant US Dept. of State, defendant US Arms Control &, defendant US Dept. of Defense, defendant U.S. Dept. of Commer of appearance [3:95-cv-00582] (gba, COURT STAFF) (Entered: 03/14/1995)	RECAP
7	April 7, 1995	WAIVER OF SERVICE by defendant Gary M. Oncale, defendant William G. Robinson, defendant Michael Newlin, defendant Mark Koro, defendant Greg Stark served on 3/31/95 in response to the Request for Waiver sent on 3/3/95 [3:95-cv-00582] (gba, COURT STAFF) Modified on 04/10/1995 (Entered: 04/10/1995)	RECAP
8	April 14, 1995	WAIVER OF SERVICE by defendant US Dept. of Defense, defendant William B. Perry served on 4/12/95 [3:95-cv-00582] (gba, COURT STAFF) (Entered: 04/14/1995)	RECAP
9	April 19, 1995	ORDER by Judge Marilyn H. Patel denying related case notice (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 04/20/1995)	RECAP
10	May 2, 1995	ANSWER by defendants US Dept. of State, US Arms Control &, US Dept. of Defense, U.S. Dept. of Commer, National Security A, Warren G. Christopher, William B. Perry, Ronald Brown, J. M. McCONNELL, John B. Holum, William G. Robinson, Charles Ray, Gary M. Oncale, Michael Newlin, Mark Koro, Greg Stark to complaint [1-1] [3:95-cv-00582] (mcl, COURT STAFF) (Entered: 05/03/1995)	RECAP
11	May 19, 1995	CLERK'S NOTICE re ADR phone conference, 6/6/95, 9:45 a.m. [3:95-cv-00582] (pb, COURT STAFF) (Entered: 05/19/1995)	RECAP
12	May 25, 1995	MAIL [11-1] returned from Post Office addressed to Frank Hunger [3:95-cv-00582] (ab, COURT STAFF) (Entered: 05/25/1995)	RECAP
	June 6, 1995	Telephone conference with ADR director :SES [3:95-cv-00582] (ses, COURT STAFF)
13	June 13, 1995	JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:95-cv-00582] (gba, COURT STAFF) (Entered: 06/14/1995)	RECAP
14	June 13, 1995	STIPULATION and ORDER by Judge Marilyn H. Patel : Case Management Conference set for 9:30 6/30/95 ; (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 06/14/1995)	RECAP
15	June 30, 1995	MINUTES: (C/R not reported) INITIAL CASE MANAGEMENT CONFERENCE HELD. Matter was continued to 10/20/95 at 10:30 for motion ; (motion - 8/15/95, Opposition - 9/2/95 & Reply 10/6/95) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/05/1995)	RECAP
16	Aug. 15, 1995	NOTICE OF MOTION AND MOTION before Judge Marilyn H. Patel by defendant to dismiss (in their official capacities) with Notice set for 10/20/95 10:30 a.m. [3:95-cv-00582] (gba, COURT STAFF) (Entered: 08/16/1995)	RECAP
17	Aug. 15, 1995	MEMORANDUM of points and authorities by defendant in support of motion to dismiss (in their official capacities) [16-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 08/16/1995)	RECAP
18	Aug. 15, 1995	DECLARATION by Louis F. Giles on behalf of defendant re motion to dismiss (in their official capacities) [16-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 08/16/1995)	RECAP
19	Aug. 15, 1995	DECLARATION by William J. Lowell on behalf of defendant re motion to dismiss (in their official capacities) [16-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 08/16/1995)	RECAP
20	Aug. 22, 1995	EMERGENCY APPLICATION by Plaintiff for order allowing additional pages in opposition to motion to dismiss [3:95-cv-00582] (gba, COURT STAFF) (Entered: 08/23/1995)	RECAP
	Aug. 22, 1995	RECEIVED Order (Plaintiff) re: [20-1] [3:95-cv-00582] (gba, COURT STAFF)
21	Aug. 29, 1995	ORDER by Judge Marilyn H. Patel granting plaintiff's application to submit up to 45 pages in opposition to motion to dismiss [20-1] (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 08/31/1995)	RECAP
22	Sept. 22, 1995	OPPOSITION by Plaintiff to defendant's motion to dismiss (in their official capacities) [16-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/25/1995)	RECAP
23	Sept. 22, 1995	OBJECTIONS by Plaintiff to evidence [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/25/1995)	RECAP
24	Sept. 22, 1995	REQUEST FOR JUDICIAL NOTICE by Plaintiff [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/25/1995)	RECAP
25	Sept. 22, 1995	DECLARATION by Lee Tien on behalf of Plaintiff re request [24-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/25/1995)	RECAP
26	Sept. 22, 1995	DECLARATION by Cindy Cohn on behalf of Plaintiff re opposition [22-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/25/1995)	RECAP
27	Sept. 28, 1995	UNOPPOSED APPLICATION by defendant for an order allowing additional pages for reply in support of motion to dismiss [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/29/1995)	RECAP
28	Oct. 4, 1995	ORDER by Judge Marilyn H. Patel for leave to file reply brief not to exceed 25 pages (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/10/1995)	RECAP
29	Oct. 6, 1995	REPLY MEMORANDUM of points and authorities by defendant re motion to dismiss (in their official capacities) [16-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/10/1995)	RECAP
30	Oct. 6, 1995	REQUEST FOR JUDICIAL NOTICE by defendant [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/10/1995)	RECAP
31	Oct. 6, 1995	SECOND DECLARATION by Louis F. Giles on behalf of defendant re reply [29-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/10/1995)	RECAP
32	Oct. 20, 1995	MINUTES: (C/R Judith Dudeck) that the defendant's motion to dismiss (in their official capacities) [16-1] is submitted ; Court to issue order [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/27/1995)	RECAP
33	Nov. 2, 1995	REPORTER'S TRANSCRIPT; Date of proceedings: 10/20/95 (C/R: Judith N. Dudeck) minutes [32-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 11/02/1995)	RECAP
34	April 3, 1996	NOTICE by defendant of related decision [3:95-cv-00582] (ml, COURT STAFF) (Entered: 04/04/1996)	RECAP
35	April 15, 1996	OPINION by Judge Marilyn H. Patel denying defendant's motion to dismiss (in their official capacities) [16-1] (Date Entered: 4/17/96) (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 04/17/1996)	RECAP
36	May 24, 1996	CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:95-cv-00582] (ml, COURT STAFF) (Entered: 05/29/1996)	RECAP
37	June 5, 1996	MINUTES: (C/R Diane Skillman) Further case management conference - held ; Matter was continued to 9/20/96 at noon for cross-motions for summary judgment ; (Motions 45 pages - 7/19/96; Responsive memos 45 pages - 8/23/96) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 06/06/1996)	RECAP
	June 12, 1996	RECEIVED stipulation and notice voluntarily dismissing claims against defendants in their individual capacity submitted by Plaintiff, defendant [3:95-cv-00582] (gba, COURT STAFF)
38	June 18, 1996	STIPULATION and ORDER by Judge Marilyn H. Patel : dismissing claims brought against defendants with prejudice (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 06/19/1996)	RECAP
39	June 24, 1996	PROOF OF SERVICE by Plaintiff of order [38-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 06/27/1996)	RECAP
	July 11, 1996	RECEIVED Proposed briefing Order ( defendant) [3:95-cv-00582] (ml, COURT STAFF)
40	July 16, 1996	STIPULATION and ORDER by Judge Marilyn H. Patel : All motions will be heard by 12:00 9/20/96 ; Motions - 7/26/96, Opposition - 8/30/96 (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/16/1996)	RECAP
41	July 26, 1996	MOTION before Judge Marilyn H. Patel by defendant for summary judgment with Notice set for 9/20/96 12:00 [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
42	July 26, 1996	MEMORANDUM of points and authorities by defendant in support of motion for summary judgment [41-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
43	July 26, 1996	DECLARATION by William P. Crowell on behalf of defendant re motion for summary judgment [41-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
44	July 26, 1996	SECOND DECLARATION by William J. Lowell on behalf of defendant re motion for summary judgment [41-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
45	July 26, 1996	NOTICE by Plaintiff of association of attorney James R. Wheaton [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
46	July 26, 1996	NOTICE by Plaintiff of association of attorney Lee Tien [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
47	July 26, 1996	NOTICE by Plaintiff of association of attorney M. Edward Ross [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
48	July 26, 1996	NOTICE OF MOTION AND MOTION before Judge Marilyn H. Patel by Plaintiff for partial summary judgment or for summary adjudication of issues with Notice set for 9/20/96 12:00 [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
49	July 26, 1996	MEMORANDUM of points and authorities by Plaintiff in support of motion for partial summary judgment [48-1], of motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
50	July 26, 1996	DECLARATION by Philip R. Zimmerman on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
51	July 26, 1996	DECLARATION by Richard M. Stallman on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
52	July 26, 1996	DECLARATION by Bruce Schneier on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
53	July 26, 1996	DECLARATION by Peter D. Junger on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
54	July 26, 1996	DECLARATION by Lawrence Miller on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
55	July 26, 1996	DECLARATION by Michael Paul Johnson on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
56	July 26, 1996	DECLARATION by Dr. Paul Ginsparg on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
57	July 26, 1996	DECLARATION by Carl M. Ellison on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
58	July 26, 1996	DECLARATION by James T. Demberger on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
59	July 26, 1996	DECLARATION by Brian Behlendorf on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) Modified on 11/24/1999 (Entered: 07/29/1996)	RECAP
60	July 26, 1996	DECLARATION by Matthew Bishop on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
61	July 26, 1996	DECLARATION by Dr. Andrew W. Appel on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
62	July 26, 1996	DECLARATION by Harold Abelson on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
63	July 26, 1996	DECLARATION by on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
64	July 26, 1996	DECLARATION by Lee Tien on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
65	July 26, 1996	PROOF OF SERVICE by Plaintiff of declaration [64-1], declaration [63-1], declaration [62-1], declaration [61-1], declaration [60-1], declaration [72696-1], declaration [58-1], declaration [57-1], declaration [56-1], declaration [55-1], declaration [54-1], declaration [53-1], declaration [52-1], declaration [51-1], declaration [50-1], memorandum [49-1], motion for partial summary judgment [48-1], motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	RECAP
66	Aug. 30, 1996	OPPOSITION by Plaintiff to defendant's motion for summary judgment [41-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	RECAP
67	Aug. 30, 1996	DECLARATION by Matt Blaze on behalf of Plaintiff re opposition [66-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	RECAP
68	Aug. 30, 1996	DECLARATION by Cindy A. Cohn on behalf of Plaintiff re opposition [66-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	RECAP
69	Aug. 30, 1996	SECOND DECLARATION by Cindy A. Cohn on behalf of Plaintiff re opposition [66-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	RECAP
70	Aug. 30, 1996	PROOF OF SERVICE by Plaintiff of declaration [69-1], declaration [68-1], declaration [67-1], opposition [66-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	RECAP
71	Aug. 30, 1996	OPPOSITION by defendant to plaintiff's motion for partial summary judgment [48-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	RECAP
72	Aug. 30, 1996	DECLARATION by Charles Ray on behalf of defendant re opposition [71-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	RECAP
73	Aug. 30, 1996	DECLARATION by Anthony J. Coppolino on behalf of defendant re opposition [71-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	RECAP
74	Sept. 11, 1996	NOTICE of hearing by Plaintiff setting hearing on motion for preliminary injunction on 11/1/96 at 10:30 a.m. [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/11/1996)	RECAP
75	Sept. 11, 1996	JOINT STATEMENT of undisputed facts by Plaintiff, defendant in support of motion for partial summary judgment [48-1], in support of motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/11/1996)	RECAP
76	Sept. 13, 1996	EVIDENTIARY OBJECTIONS by defendant to plaintiff's documentary exhibits and declarations [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/13/1996)	RECAP
77	Sept. 13, 1996	EXHIBIT list with plaintiff's objections and index of objections re: cross motions for summary judgment by Plaintiff [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/16/1996)	RECAP
78	Sept. 13, 1996	DECLARATION by Charles Ray on behalf of defendant [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/16/1996)	RECAP
79	Sept. 13, 1996	DECLARATION by Anthony J. Coppolino on behalf of defendant [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/16/1996)	RECAP
80	Sept. 13, 1996	DECLARATION by William P. Crowell on behalf of defendant [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/16/1996)	RECAP
81	Sept. 13, 1996	SECOND DECLARATION by William J. Crowell on behalf of defendant [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/16/1996)	RECAP
82	Sept. 13, 1996	REPORTER'S TRANSCRIPT; Date of proceedings: 6/5/96 (C/R: Diane E. Skillman) minutes [37-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/16/1996)	RECAP
83	Sept. 20, 1996	MINUTES: (C/R Carl Pline) that the motion for partial summary judgment [48-1] is submitted, that the motion for summary adjudication of issues [48-2] is submitted, that the motion for summary judgment [41-1] is submitted [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/24/1996)	RECAP
84	Oct. 3, 1996	LETTER dated 9/24/96 from Cindy A. Cohn confirming that the hearing on motion for preliminary injunction has been continued from 11/1/96 to 11/8/96. [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/04/1996)	RECAP
85	Oct. 4, 1996	NOTICE OF MOTION AND MOTION before Judge Marilyn H. Patel by Plaintiff for preliminary injunction with Notice set for 11/8/96 10:30 [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	RECAP
86	Oct. 4, 1996	MEMORANDUM of points and authorities by Plaintiff in support of motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	RECAP
87	Oct. 4, 1996	DECLARATION by Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	RECAP
88	Oct. 4, 1996	DECLARATION by Robert V. Prior on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	RECAP
89	Oct. 4, 1996	DECLARATION by Margery B. Passett on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	RECAP
90	Oct. 4, 1996	DECLARATION by John Wanat on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	RECAP
91	Oct. 4, 1996	DECLARATION by Julie M. Smith on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	RECAP
92	Oct. 4, 1996	DECLARATION by Julia F. Kogan on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	RECAP
93	Oct. 4, 1996	PROOF OF SERVICE by Plaintiff of order received [0-0], declaration [92-1], declaration [91-1], declaration [90-1], declaration [89-1], declaration [88-1], declaration [87-1], memorandum [86-1], motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	RECAP
94	Oct. 4, 1996	REPORTER'S TRANSCRIPT; Date of proceedings: 9/20/96 (C/R: Carl Pline) minutes [83-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	RECAP
	Oct. 4, 1996	RECEIVED Proposed Order (Plaintiff) re: motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF)

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Case Details

State / Territory:

California

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Feb. 21, 1995

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A PhD candidate in mathematics at University of California at Berkeley working in the field of cryptography.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States Department of State

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Northern District of California 3:95-cv-00582

Central District of California 94-03129

U.S. Court of Appeals for the Ninth Circuit 97-16686

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Recommended Citation

Case Summary of Bernstein v. U.S. Department of Justice, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/13683/ (last updated 6/20/2016).