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Reason
Reason
Politics
Eugene Volokh

Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case

From an order today in Doe v. Roe 1, by Judges Barry Silverman and Eric Miller (9th Cir.):

The motion to intervene filed by Eugene Volokh (Docket Entry No. [22]) for the sole purpose of seeking reconsideration of the court's September 1, 2022 order, and no opposition having been filed, is granted. The motion for reconsideration (included in Docket Entry No. [22]), asking the court to make a redacted version of the opening brief available to the public, is granted. Within 21 days of this order, appellant must submit for public filing a redacted version of the opening brief that redacts appellee's name and identifying information. The page numbering and citations in the public brief must remain the same as in the sealed brief….

The case is an appeal of the decision I wrote about in "Media Outlets Forbidden from Identifying Recently Released Drug Cartel Ex-Boss as Plaintiff in Privacy Lawsuit" (though there are procedural twists in the case that might keep that decision from being fully reviewed). Here's an excerpt of the Appellate Commissioner's decision that I was appealing:

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