In Re: Application of Isaac Levi Pilant

The American Civil Liberties Union, New York Civil Liberties Union, and Human Rights First seek leave to file an amici curiae brief in support of Respondents’ opposition to Petitioner’s Application for Discovery Pursuant to 28 U.S.C. § 1782. The brief presents argument about the scope of protections offered by the First Amendment and reporter’s privilege in the context of discovery requests under 28 U.S.C. § 1782, and why those protections apply to Respondents’ associational, expressive, petitioning, and information-gathering activity. The brief also explains how, even if application of these privileges were uncertain, the Court has broad discretion under Section 1782 to deny a discovery request because it is overly burdensome and intrusive, and designed to circumvent U.S. policies and First Amendment interests. The protective measures imbedded in the U.S. government’s sanctions framework, as well as the longstanding judicial and legislative commitment to safeguard a fundamental public interest in free speech and a free press, counsel in favor of denying the discovery application here.