FORBES MEDIA LLC; Thomas Brewster, Plaintiffs-Appellants,
v.
UNITED STATES of America, Defendant-Appellee.
In re: Application of Forbes Media and Thomas Brewster To Unseal Court Records,
Forbes Media LLC; Thomas Brewster, Petitioners-Appellants,
v.
United States of America, Respondent-appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted August 12, 2022 San Francisco, California.
Filed March 13, 2023.
Attorney(s) appearing for the Case
Grayson Clary (argued) and Katie Townsend , Reporters Committee for Freedom of the Press, Washington, D.C.; Jean-Paul Jassy , Jassy Vick Carolan LLP, Los Angeles, California; Ambika Kumar , Davis Wright Tremaine LLP, Seattle, Washington; for Plaintiffs-Appellants.
Joshua K. Handell (argued), Attorney, Appellate Section, Criminal Division; Lisa H. Miller , Deputy Assistant Attorney General; Kenneth A. Polite Jr. , Assistant Attorney General; United States Department of Justice; Washington, D.C.; Matthew M. Yelovich , Assistant United States Attorney; Stephanie M. Hinds , United States Attorney for the Northern District of California; Office of the United States Attorney; San Francisco, California; Teal L. Miller , Assistant United States Attorney; Nicholas W. Brown , United States Attorney for the Western District of Washington; Office of the United States Attorney; Seattle, Washington; for Defendant-Appellee.
Mason A. Kortz , Cyber Law Clinic, Harvard Law School, Cambridge, Massachusetts, for Amicus Curiae Restore the Fourth.
Aaron Mackey and Jennifer Lynch , Electronic Frontier Foundation, San Francisco, California; Brett Max Kaufman , American Civil Liberties Foundation, New York, New York; Jennifer Stisa Granick , American Civil Liberties Foundation, San Francisco, California; Jacob A. Snow , ACLU Foundation of Northern California, San Francisco, California; Riana Pfefferkorn , Stanford Internet Observatory, Stanford, California; for Amici Curiae the Electronic Frontier Foundation, American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Northern California, and Riana Pfefferkorn.
Before: Johnnie B. Rawlinson, Bridget S. Bade, and Daniel A. Bress, Circuit Judges.
OPINION
BRESS, Circuit Judge:
Under the All Writs Act, federal courts may order private parties to provide technical assistance to law enforcement to aid in the execution of arrest warrants. We are asked to decide whether the First Amendment or the common law creates a right of public access to third-party technical assistance proceedings...
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