U.S. Court of Appeals for the Second Circuit
Notable Opinions (4)
829 F.3d 197 (2d Cir. 2016)
Held that a U.S. warrant issued under the Stored Communications Act cannot compel Microsoft to produce customer emails stored on servers located in Ireland. The decision addressed the territorial reach of U.S. law enforcement in the cloud computing era and was later superseded by the CLOUD Act of 2018.
444 F.2d 544 (2d Cir. 1971)
Initially ruled against the New York Times in the Pentagon Papers case before the Supreme Court reversed. The Second Circuit's handling of the prior restraint issue in this expedited national security case shaped understanding of press freedom during wartime and government secrecy.
804 F.3d 202 (2d Cir. 2015)
Held that Google's digitization of copyrighted books for its Google Books search engine constitutes fair use under copyright law. The court found that Google's use was transformative because it provided a new and different purpose by enabling users to search for specific terms within millions of books.
703 F.3d 149 (2d Cir. 2012)
Held that the government's prosecution of a pharmaceutical sales representative for off-label drug promotion violated the First Amendment. Found that truthful, non-misleading speech about lawful drug uses is constitutionally protected, even when used to promote off-label prescribing by physicians.
Jurisdiction
The Second Circuit covers the following jurisdictions:
Court Information
- Seat
- New York City, New York
- Authorized Judgeships
- 13
- Circuit Number
- 2nd