Posted by Social Science Research Network
Noerr-Pennington Immunity and the Alien Tort Statute Aaron Brecher (Lane Powell PC)
Abstract: To what extent should a court risk chilling the right to petition the government by allowing evidence of unpopular petitioning to prove the violation of customary international law? In two recent lower court cases, plaintiffs alleging human rights abuses brought suit in federal court under the Alien Tort Statute (“ATS”) based on petitioning activity, using such activity to show the connection to U.S. territory required for an ATS claim to go forward.
This draft Essay argues that courts should not allow the use of evidence of First Amendment-protected petitioning to support a claim for which the ATS provides jurisdiction. Courts can accomplish this shift by extending the Noerr-Pennington doctrine, originally developed in antitrust law. Despite the potential to restrict a remedy for serious human rights abuses, this proposed doctrinal shift will safeguard constitutionally protected activity, keep faith with the Supreme Court’s command that the scope of ATS claims be kept narrow, and help police the Supreme Court’s recent announcement that the ATS doesn’t give rise to liability for extraterritorial conduct.
Featured News
Redfin Settles $9.2M Commission Inflation Lawsuits
May 7, 2024 by
CPI
DOJ Supports Colorado’s Efforts to Block Kroger-Albertsons Merger
May 7, 2024 by
CPI
Japan Considers Regulation of AI Developers
May 7, 2024 by
CPI
European Commission Extends Decision Deadline for Ita-Lufthansa Merger
May 7, 2024 by
CPI
UK, US and Australia Sanction Senior Leader of LockBit Cybercrime Gang
May 7, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI