Wikimedia Foundation v. NSA/CSS’s Empirical Analysis
2021
Citation profile
Relationships
Applies 18 U.S.C. § 2712 (§ 223 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001) · 50 U.S.C. § 1801 (§ 101 of the Foreign Intelligence Surveillance Act of 1978) · 50 U.S.C. § 1806 (§ 106 of the Foreign Intelligence Surveillance Act of 1978) · 50 U.S.C. § 1809 (§ 109 of the Foreign Intelligence Surveillance Act of 1978) · 50 U.S.C. § 1810 (§ 110 of the Foreign Intelligence Surveillance Act of 1978) · 50 U.S.C. § 1881a
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Bell Atlantic Corp. v. Twombly · Lujan v. Defenders of Wildlife · Daubert v. Merrell Dow Pharmaceuticals, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“for the first type of scenario (the very subject of litigation is a state secret). Not so. The standard is that dismissal is required when any attempt to proceed would risk or require disclosure of privileged information -- and the case law bears out examples of circumstances in which dismissal would protect against that risk (like when a plaintiff cannot prove the prima facie elements of a claim without the use of privileged evidence, or a defendant can't properly - 33 - Bottom line:”
1 later decision quote this exact passage · from the majority“Circumstances in which any valid defense would require resort to privileged materials are those in which 'state secrets are so central to [the] proceeding that it cannot be litigated without threatening their disclosure.'”
1 later decision quote this exact passage · from the majority“'it would be a mockery of justice . . .' to permit Wikimedia to substantiate its claims by presenting its half of the evidence to the factfinder as if it were the whole”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.