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Second Circuit Review: First Amendment Heightened Scrutiny Analysis

May 25, 2022

Litigation of counsel Martin Flumenbaum and firm Chairman Brad Karp’s latest Second Circuit Review column, “First Amendment Heightened Scrutiny Analysis,” appeared in the May 25 issue of the New York Law Journal. The authors discuss the court’s recent decision in Cornelio v. Connecticut, in which an individual plaintiff successfully challenged Connecticut’s Disclosure Requirement statute under the First Amendment. The statute requires individuals convicted of certain criminal sexual offenses and offenses against minors to disclose all “internet communication identifiers” to law enforcement. The judges, finding that intermediate scrutiny applied to the Disclosure Requirement, reversed the lower court’s grant of the government’s motion to dismiss and held that the statute plausibly violated the First Amendment. They also held that the government, in its motion to dismiss, failed to meet its burden of proving that the requirement advanced an important governmental interest and was narrowly tailored to serve that interest. Litigation associate Sherry Maria Tanious assisted in the preparation of this column.

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