Junger v. Daley
Junger v. Daley
On September 2, 1997, an amended complaint was filed in the suit formerly known as Junger v. Christopher.On July 2, 1998, Judge Gwin granted summary judgment dissmissing the complaint on the ground that software is not expression that is protected by the First Amendment because it software is ``inherently functional'' and a ``device''.
On March 1, 1999, the American Civil Liberties Union of Ohio filed a brief for Professor Junger as plaintiff-appellant in his appeal to the United States Court of Appeal for the Sixth Circuit from Judge Gwin's judgment.
Documents Relating to the Case
- Initial press release
- Supplemental and Amended Complaint (Unpaginated and without attachments).
- Supplemental and Amended Complaint Mirrored from and with thanks to JYA/Urban Deadline (Paginated and with attachments).
- Commodity Classification Applications and Applications Referred to in
Complaint (Mirrored from and with thanks to JYA/Urban Deadline)
- Gino J. Scarselli to Tom Barbour, Office of General Counsel, Department of Commerce, Bureau of Export Administration, June 12, 1997, with Application No. 082060 to Bureau of Export Administration, June 12, 1997
- Gino J. Scarselli to Department of Commerce, Bureau of Export Adiministration, Application No. 082061, June 12, 1997
- Department of Commerce, Bureau of Export Administration to Gino J. Scarselli, July 3, 1997
- Department of Commerce, Bureau of Export Administration to Gino J. Scarselli, August 7, 1997
- Materials Not Classified as Encrytion Software
- HTML Page Containing Links to Sources of Crypto Software (This is the page that was submitted to the Department of Commerce and ruled not an export.) Additonal and updated links can be found on the Crypto Links Page.
- Motion for Summary Judgment
- Press Release of 10/16/97
- Motion for Summary Judgment and Brief in Support of Motion (Mirrored from and with thanks to JYA/Urban Deadline)
- Government's Cross Motion for Summary Judgment and Memorandum of Points and Authorities (Mirrored from and with thanks to JYA/Urban Deadline)
- Plaintiff's Reply Brief in Support of His Motion for Summary Judgment and in Opposition to the Defendant's Motion for Summary Judgment Mirrored from and with thanks to JYA/Urban Deadline)
- Reply Memorandum in Support of Defendants' Cross-Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment (Mirrored from and with thanks to JYA/Urban Deadline)
- Press Release of 03/26/1998
- Stipulation of Undisputed Facts (Mirrored from and with thanks to JYA/Urban Deadline)
- Press Release of 04/13/98
- Opinion and Order July 2, 1998 Granting Summary Judgment to Government (Mirrored from and with thanks to JYA/Urban Deadline)
- Press Release of July 8, 1998
- Press Release of July 18, 1998 Announcing Creation of SoftSpeech Discussion List
- Appeal to the 6th Circuit
- Brief for Plaintiff-Appellant Peter D. Junger (submitted by ACLU of Ohio) (Mirrored from and with thanks to JYA/Urban Deadline)
- Link to Amicus Brief of EPIC, et. al., in Support of Appellant
- Reply Brief for Defendant-Appellee William M. Daley, Secretary of Commerce (Mirrored from and with thanks to JYA/Urban Deadline)
- Reply Brief of Appellant Peter D. Junger (Mirrored from and with thanks to JYA/Urban Deadline)
