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 injun…

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


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)

Attorneys(s) for Plaintiff

Bernstein, Daniel (New York)

Cohn, Cindy A. (California)

Olson, Karl (California)

Pace, Sarah E. (Illinois)

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)

Attorneys(s) for Plaintiff

Bernstein, Daniel (New York)

Cohn, Cindy 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)

Attorneys(s) 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 Attorney(s)

Bauld, William A. (California)

Documents in the Clearinghouse

Document

Docket Report

March 24, 2006 Docket
35

Order / Opinion

U.S. District Court for the Central District of California

922 F.Supp. 132

April 17, 1996 Order/Opinion
107

Memorandum and Opinion

945 F.Supp. 1279

Dec. 9, 1996 Order/Opinion
139

Order / Opinion

974 F.Supp. 1288

Aug. 25, 1997 Order/Opinion

Order / Opinions [two concurring, one dissent]

U. S. Court of Appeals for the Ninth Circuit

176 F.3d 1132

Dec. 8, 1997 Order/Opinion

Order

U. S. Court of Appeals for the Ninth Circuit

192 F.3d 1308

Sept. 30, 1999 Order/Opinion
169

Complaint

Jan. 7, 2002 Complaint

Resources

Title Description 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 https://globalfreedomofexpression.columbia.edu/cases/bernstein-v-department-of-justice/

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

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)

Feb. 21, 1995
2

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)

Feb. 21, 1995
3

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)

Feb. 21, 1995

RECEIVED Order (Plaintiff) re: [3−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 02/21/1995)

Feb. 21, 1995
4

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)

Feb. 27, 1995
5

"FILED UNDER SEAL" EXHIBITS re complaint [1−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 02/27/1995)

Feb. 27, 1995
6

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)

March 14, 1995
7

RETURN OF SERVICE executed upon defendant US Dept. of State, defendant National Security A, defendant Warren G. Christopher, defendant J. M. McCONNELL, defendant US Dept. of Defense, defendant William B. Perry, defendant U.S. Dept. of Commer, defendant Ronald Brown, defendant US Arms Control &, defendant John B. Holum on 3/3/95 of summons and complaint by certified mail return receipt requested [3:95−cv−00582] (gba, COURT STAFF) (Entered: 04/10/1995)

April 7, 1995
7

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)

April 7, 1995
8

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)

April 14, 1995
9

ORDER by Judge Marilyn H. Patel denying related case notice (cc: all counsel) [3:95−cv−00582] (gba, COURT STAFF) (Entered: 04/20/1995)

April 19, 1995
10

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)

May 2, 1995
11

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)

May 19, 1995

Telephone conference with ADR director :SES [3:95−cv−00582] (ses, COURT STAFF) (Entered: 06/06/1995)

June 6, 1995
13

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:95−cv−00582] (gba, COURT STAFF) (Entered: 06/14/1995)

June 13, 1995
14

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)

June 13, 1995
15

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)

June 30, 1995
16

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)

Aug. 15, 1995
17

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)

Aug. 15, 1995
18

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)

Aug. 15, 1995
19

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)

Aug. 15, 1995
20

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)

Aug. 22, 1995

RECEIVED Order (Plaintiff) re: [20−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 08/23/1995)

Aug. 22, 1995
21

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)

Aug. 29, 1995
22

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)

Sept. 22, 1995
23

OBJECTIONS by Plaintiff to evidence [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/25/1995)

Sept. 22, 1995
24

REQUEST FOR JUDICIAL NOTICE by Plaintiff [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/25/1995)

Sept. 22, 1995
25

DECLARATION by Lee Tien on behalf of Plaintiff re request [24−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/25/1995)

Sept. 22, 1995
26

DECLARATION by Cindy Cohn on behalf of Plaintiff re opposition [22−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/25/1995)

Sept. 22, 1995
27

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)

Sept. 28, 1995
28

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)

Oct. 4, 1995
29

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)

Oct. 6, 1995
31

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)

Oct. 6, 1995
32

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)

Oct. 20, 1995
33

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)

Nov. 2, 1995
34

NOTICE by defendant of related decision [3:95−cv−00582] (ml, COURT STAFF) (Entered: 04/04/1996)

April 3, 1996
35

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)

April 15, 1996
36

CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:95−cv−00582] (ml, COURT STAFF) (Entered: 05/29/1996)

May 24, 1996
37

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)

June 5, 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) (Entered: 06/12/1996)

June 12, 1996
38

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)

June 18, 1996
39

PROOF OF SERVICE by Plaintiff of order [38−2] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 06/27/1996)

June 24, 1996

RECEIVED Proposed briefing Order ( defendant) [3:95−cv−00582] (ml, COURT STAFF) (Entered: 07/11/1996)

July 11, 1996
40

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)

July 16, 1996
41

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)

July 26, 1996
42

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)

July 26, 1996
43

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)

July 26, 1996
44

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)

July 26, 1996
45

NOTICE by Plaintiff of association of attorney James R. Wheaton [3:95−cv−00582] (gba, COURT STAFF) (Entered: 07/29/1996)

July 26, 1996
46

NOTICE by Plaintiff of association of attorney Lee Tien [3:95−cv−00582] (gba, COURT STAFF) (Entered: 07/29/1996)

July 26, 1996
48

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)

July 26, 1996
49

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)

July 26, 1996
50

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)

July 26, 1996
51

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)

July 26, 1996
52

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)

July 26, 1996
53

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)

July 26, 1996
54

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)

July 26, 1996
55

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)

July 26, 1996
56

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)

July 26, 1996
57

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)

July 26, 1996
58

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)

July 26, 1996
59

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)

July 26, 1996
60

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)

July 26, 1996
61

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)

July 26, 1996
62

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)

July 26, 1996
63

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)

July 26, 1996
65

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)

July 26, 1996
66

OPPOSITION by Plaintiff to defendant's motion for summary judgment [41−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/03/1996)

Aug. 30, 1996
67

DECLARATION by Matt Blaze on behalf of Plaintiff re opposition [66−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/03/1996)

Aug. 30, 1996
68

DECLARATION by Cindy A. Cohn on behalf of Plaintiff re opposition [66−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/03/1996)

Aug. 30, 1996
69

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)

Aug. 30, 1996
70

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)

Aug. 30, 1996
71

OPPOSITION by defendant to plaintiff's motion for partial summary judgment [48−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/03/1996)

Aug. 30, 1996
72

DECLARATION by Charles Ray on behalf of defendant re opposition [71−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/03/1996)

Aug. 30, 1996
73

DECLARATION by Anthony J. Coppolino on behalf of defendant re opposition [71−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/03/1996)

Aug. 30, 1996
74

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)

Sept. 11, 1996
75

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)

Sept. 11, 1996
76

EVIDENTIARY OBJECTIONS by defendant to plaintiff's documentary exhibits and declarations [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/13/1996)

Sept. 13, 1996
77

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)

Sept. 13, 1996
78

DECLARATION by Charles Ray on behalf of defendant [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/16/1996)

Sept. 13, 1996
79

DECLARATION by Anthony J. Coppolino on behalf of defendant [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/16/1996)

Sept. 13, 1996
80

DECLARATION by William P. Crowell on behalf of defendant [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/16/1996)

Sept. 13, 1996
81

SECOND DECLARATION by William J. Crowell on behalf of defendant [3:95−cv−00582] (gba, COURT STAFF) (Entered: 09/16/1996)

Sept. 13, 1996
82

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)

Sept. 13, 1996
83

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,

Sept. 20, 1996
85

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)

Oct. 4, 1996
86

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)

Oct. 4, 1996
87

DECLARATION by Plaintiff re motion for preliminary injunction [85−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 10/07/1996)

Oct. 4, 1996
88

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)

Oct. 4, 1996
89

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)

Oct. 4, 1996
90

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)

Oct. 4, 1996
91

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)

Oct. 4, 1996
92

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)

Oct. 4, 1996

RECEIVED Proposed Order (Plaintiff) re: motion for preliminary injunction [85−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 10/07/1996)

Oct. 4, 1996
93

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)

Oct. 4, 1996
94

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)

Oct. 4, 1996
95

SECOND DECLARATION by Anthony J. Coppolino on behalf of defendant [3:95−cv−00582] (gba, COURT STAFF) (Entered: 10/18/1996)

Oct. 18, 1996
96

OPPOSITION by defendant to plaintiff's motion for preliminary injunction [85−1] [3:95−cv−00582] (gba, COURT STAFF) (Entered: 10/21/1996)

Oct. 18, 1996
97

REPLY by Plaintiff to opposition to motion for preliminary injunction [85−1] [3:95−cv−00582] (ml, COURT STAFF) (Entered: 10/29/1996)

Oct. 25, 1996
98

DECLARATION by Cindy A. Cohm on behalf of Plaintiff re motion reply [97−1] [3:95−cv−00582] (ml, COURT STAFF) (Entered: 10/29/1996)

Oct. 25, 1996

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

United States Department of State, Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None