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Judge from SDNY throws out DNC "Hacking" Claim Against Russia and Trump Campaign


auburn41

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Wow, I figured this would be getting big headlines. 

https://lawprofessors.typepad.com/conlaw/2019/07/district-court-tosses-dncs-case-against-russia-trump-campaign-for-hacking-its-computers-distributing.html

The court dismissed the claims against Russia under the Foreign Sovereign Immunities Act. (The court said that exceptions to the FSIA don't apply because not all of Russia's activities occurred within the United States.) It dismissed the claims against the other defendants under the First Amendment. Here's the short version why:

the First Amendment prevents such liability in the same way [under Bartnicki v. Vopper, ed.] it would preclude liability for press outlets that publish materials of public interest despite defects in the way the materials were obtained so long as the disseminator did not participate in any wrongdoing in obtaining the materials in the first place. The plausible allegations against the remaining defendants are insufficient to hold them liable for the illegality that occurred in obtaining the materials from the DNC.

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