United States:
In Search Of An Effective Defense To Litigation Fishing Expeditions Into Private, Associational Political Speech
26 February 2015
WilmerHale
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Litigants should not make discovery demands that, if granted,
will violate their adversaries' First Amendment right
protecting private associational political speech, WilmerHale's
Jeffrey P. Schomig and Chesapeake Energy Corp.'s Reagan E.
Bradford say. To help curtail such fishing expeditions, the authors
argue that Congress should set an example by demanding that
government agencies refrain from subpoenaing associational
membership lists and protected, private political speech without
first making a prima facie showing that the association or speech
was likely used in furtherance of a crime.
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article
This article was co-authored by Jeffrey P. Schomig, along with
Reagan E. Bradford of Chesapeake Energy Corp., published in
Bloomberg BNA's The United States Law Week on February 24,
2015.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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