
Lawsuit
Edgar v. Haines
A lawsuit challenging the government's system of "prepublication review"
On April 2, 2019, the Knight Institute and the ACLU filed a lawsuit challenging the constitutionality of “prepublication review,” a far-reaching system of censorship that prohibits millions of intelligence-agency employees and military personnel from publishing or speaking about topics related to their government service without first obtaining government approval.
The Knight Institute and the ACLU represent five former public servants who are arguing that this broken system violates the First Amendment right of authors to convey and of the public to hear, in a timely manner, the opinions of former government employees on issues of public importance. It also argues that the system of prepublication review violates the Fifth Amendment because it fails to provide former employees with fair notice of what they can and cannot publish without prior review, and it invites arbitrary and discriminatory enforcement by censors. On April 16, 2020, the district court granted the government's motion to dismiss, holding that the government's sweeping system of prepublication review is constitutional.
The lawsuit is based in part on a series of FOIA requests submitted by the Knight Institute and the ACLU between 2016 and 2018. Those requests are now the subject of separate litigation.
Status: Oral argument scheduled for May 4, 2021 at 2pm.
Case Information: Edgar v. Haines, No. 8:19-cv-985-GJH (D. Md.), No. 20-1568 (4th Cir.).
Featured
Analysis
The Government’s System of Censoring Its Former Employees Is Unconstitutional
Lawsuit argues government’s process for reviewing writings by millions of former government employees violates First Amendment
Press Statements
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Knight Institute Comments on U.S. v. Bolton
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Knight Institute Comments on Reports that White House Will Sue to Block Publication of John Bolton’s Book
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Knight Institute, ACLU to Appeal Court Ruling in Lawsuit Challenging Constitutionality of Far-Reaching Government Censorship System
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Knight Institute Comments on White House’s Review of John Bolton’s Upcoming Book
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Knight Institute, ACLU Challenge Constitutionality of Far-Reaching Government Censorship System
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Groups Ask Senators to End Publication Delay of Former NCIS Agent's Book on Torture
Analysis
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How a New Administration—and a New Congress—Can Fix Prepublication Review: A Roadmap for Reform
By Alex Abdo , Jameel Jaffer , Meenakshi Krishnan & Ramya Krishnan -
Podcast: Freedom of Speech, National Security and the Perils of Silencing Former Officials
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A District Court Endorses a Broken Prepublication Review System
By Alex Abdo , Jameel Jaffer , Meenakshi Krishnan & Ramya Krishnan -
New Documents Point to Special Treatment for Favored Officials
By Meenakshi Krishnan
Legal Filings
Click to highlight response chains
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KEY DOCUMENTS
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4th Cir.
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D. Md.
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Opinion (granting government's motion to dismiss)
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Government's Reply
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Amicus Brief of the Center for Ethics and Rule of Law (in support of Plaintiffs)
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Plaintiffs' Opposition
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Declaration of Alex Abdo with Appendix
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Government's Motion to Dismiss
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Declaration of Antoinette B. Shiner with CIA Secrecy Agreement
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Complaint
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