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

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)

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Documents in the Clearinghouse

Document

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. 922

107

3:95-cv-00582

Memorandum and Opinion

Dec. 9, 1996

Dec. 9, 1996

Order/Opinion

945 F.Supp. 945

139

3:95-cv-00582

Order / Opinion

Aug. 25, 1997

Aug. 25, 1997

Order/Opinion

974 F.Supp. 974

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 176

97-16686

Order

U.S. Court of Appeals for the Ninth Circuit

Sept. 30, 1999

Sept. 30, 1999

Order/Opinion

192 F.3d 192

169

3:95-cv-00582

Complaint

Jan. 7, 2002

Jan. 7, 2002

Complaint

Resources

Docket

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

Last updated March 27, 2024, 3:07 a.m.

ECF Number Description Date Link 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

Feb. 21, 1995

PACER
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

Feb. 21, 1995

PACER
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

Feb. 21, 1995

PACER

RECEIVED Order (Plaintiff) re: [3-1] [3:95-cv-00582] (gba, COURT STAFF)

Feb. 21, 1995

Feb. 21, 1995

PACER
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

Feb. 27, 1995

PACER
5

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

Feb. 27, 1995

Feb. 27, 1995

PACER
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

March 14, 1995

PACER
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

April 7, 1995

PACER
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

April 14, 1995

PACER
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

April 19, 1995

PACER
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

May 2, 1995

PACER
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

May 19, 1995

PACER
12

MAIL [11-1] returned from Post Office addressed to Frank Hunger [3:95-cv-00582] (ab, COURT STAFF) (Entered: 05/25/1995)

May 25, 1995

May 25, 1995

PACER

Telephone conference with ADR director :SES [3:95-cv-00582] (ses, COURT STAFF)

June 6, 1995

June 6, 1995

PACER
13

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

June 13, 1995

June 13, 1995

PACER
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

June 13, 1995

PACER
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

June 30, 1995

PACER
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

Aug. 15, 1995

PACER
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

Aug. 15, 1995

PACER
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

Aug. 15, 1995

PACER
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

Aug. 15, 1995

PACER
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

Aug. 22, 1995

PACER

RECEIVED Order (Plaintiff) re: [20-1] [3:95-cv-00582] (gba, COURT STAFF)

Aug. 22, 1995

Aug. 22, 1995

PACER
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

Aug. 29, 1995

PACER
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

Sept. 22, 1995

PACER
23

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

Sept. 22, 1995

Sept. 22, 1995

PACER
24

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

Sept. 22, 1995

Sept. 22, 1995

PACER
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

Sept. 22, 1995

PACER
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

Sept. 22, 1995

PACER
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

Sept. 28, 1995

PACER
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

Oct. 4, 1995

PACER
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

Oct. 6, 1995

PACER
30

REQUEST FOR JUDICIAL NOTICE by defendant [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/10/1995)

Oct. 6, 1995

Oct. 6, 1995

PACER
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

Oct. 6, 1995

PACER
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

Oct. 20, 1995

PACER
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

Nov. 2, 1995

PACER
34

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

April 3, 1996

April 3, 1996

PACER
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

April 15, 1996

PACER
36

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

May 24, 1996

May 24, 1996

PACER
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

June 5, 1996

PACER

RECEIVED stipulation and notice voluntarily dismissing claims against defendants in their individual capacity submitted by Plaintiff, defendant [3:95-cv-00582] (gba, COURT STAFF)

June 12, 1996

June 12, 1996

PACER
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

June 18, 1996

PACER
39

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

June 24, 1996

June 24, 1996

PACER

RECEIVED Proposed briefing Order ( defendant) [3:95-cv-00582] (ml, COURT STAFF)

July 11, 1996

July 11, 1996

PACER
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

July 16, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
46

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

July 26, 1996

July 26, 1996

PACER
47

NOTICE by Plaintiff of association of attorney M. Edward Ross [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)

July 26, 1996

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
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

July 26, 1996

PACER
64

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)

July 26, 1996

July 26, 1996

PACER
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

July 26, 1996

PACER
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

Aug. 30, 1996

PACER
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

Aug. 30, 1996

PACER
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

Aug. 30, 1996

PACER
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

Aug. 30, 1996

PACER
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

Aug. 30, 1996

PACER
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

Aug. 30, 1996

PACER
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

Aug. 30, 1996

PACER
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

Aug. 30, 1996

PACER
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

Sept. 11, 1996

PACER
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

Sept. 11, 1996

PACER
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

Sept. 13, 1996

PACER
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

Sept. 13, 1996

PACER
78

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

Sept. 13, 1996

Sept. 13, 1996

PACER
79

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

Sept. 13, 1996

Sept. 13, 1996

PACER
80

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

Sept. 13, 1996

Sept. 13, 1996

PACER
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

Sept. 13, 1996

PACER
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

Sept. 13, 1996

PACER
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, COURT STAFF) (Entered: 09/24/1996)

Sept. 20, 1996

Sept. 20, 1996

PACER
84

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)

Oct. 3, 1996

Oct. 3, 1996

PACER
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

Oct. 4, 1996

PACER
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

Oct. 4, 1996

PACER
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

Oct. 4, 1996

PACER
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

Oct. 4, 1996

PACER
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

Oct. 4, 1996

PACER
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

Oct. 4, 1996

PACER
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

Oct. 4, 1996

PACER
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

Oct. 4, 1996

PACER

RECEIVED Proposed Order (Plaintiff) re: motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF)

Oct. 4, 1996

Oct. 4, 1996

PACER
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

Oct. 4, 1996

PACER
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

Oct. 4, 1996

PACER

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

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

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None