Meenakshi Krishnan

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The Foreign Intelligence Surveillance Court and the Petition Clause: Rethinking the First Amendment Right of Access

Drawing on recent litigation seeking access to Foreign Intelligence Surveillance Court opinions, this Essay proposes anchoring the First Amendment right of access not just in the Speech, Press, and Assembly Clauses, but also the Petition Clause. Framed this way, access doctrine vindicates both public and individual rights.