John Jones v. Lyudmyla Pyankovska
FirstAmendment Privacy JusticiabilityDoctri
Does the First Amendment right to petition the government extend to insulate an attorney from liability under the Omnibus Crime Control and Safe Streets Act when presenting recordings relevant to a child custody proceeding?
QUESTION PRESENTED Does the First Amendment to the United States Constitution’s protection of the right to petition the government extend to insulate an attorney, presenting to a court in a custody proceeding recordings made by one parent of private conversations of the other parent with their minor child, from liability under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 18 U.S.C. 2510, et seq., when the attorney did not have any involvement in the unlawful recording and the recordings are directly relevant to the determination of the child’s best interest in the custody proceeding?