The Supreme Court today dismissed First American v. Edwards, a challenge to the ability of plaintiffs to sue for a violation of statutory rights established by Congress. The lower court ruled that the plaintiffs had standing because "[t]he injury required by Article III can exist solely by virtue of statutes creating legal rights, . . .." The Supreme Court held that its decision to review the case was "improvidently granted," which means that the lower court opinion stands. EPIC filed a "friend of the court" brief, responding to briefs from several prominent Internet companies that supported the challenge. EPIC argued that Congress must maintain the power to define injuries and provide remedies, and that this was particularly important for privacy protection. For more information, see EPIC: First American v. Edwards.
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Communications Law and Policy
Jerry Kang and Alan Butler