The Electronic Frontier Foundation (EFF) has issued a serious warning about recent proposals that could significantly modify the regulations that govern amicus curiae filings in U.S. federal courts. These filings, also known as “amicus briefs,” allow third parties to offer perspectives on a case without acting as representatives of any of the involved parties, and are essential for enriching judicial analysis with different points of view.
The suggestions from the U.S. Judicial Conference include changes to Federal Rule of Appellate Procedure 29, which could limit the ability to submit these documents. One of the most alarming proposals is to discourage the submission of amicus briefs that repeat issues already addressed by the parties in litigation. This could lead to a decrease in the quantity and diversity of filings in cases, jeopardizing the enrichment of judicial debate. EFF has used these documents to delve into critical issues that, while they may have been mentioned, require a more thorough analysis that is often not addressed in the parties’ arguments.
A representative example is the case “United States v. Cano,” where EFF submitted an amicus brief addressing privacy issues in digital devices in relation to the Fourth Amendment. The Ninth Circuit Court took this analysis into account when overturning the conviction, demonstrating the impact that amicus briefs have on judicial decisions. Likewise, in the case “NetChoice, LLC v. Attorney General of Florida,” an EFF amicus brief influenced the discussion on content moderation on social media, underscoring the importance of these contributions to jurisprudence.
Additionally, it has been proposed that individuals or entities wishing to submit an amicus brief must obtain formal approval from the court, eliminating the ability to do so with the simple authorization of both parties, which could significantly complicate the process and discourage the participation of organizations with limited resources.
EFF has expressed its concerns to the Judicial Conference, urging that these modifications be dismissed, as they could limit the diversity of voices in judicial proceedings and negatively impact citizens’ digital rights in the long run. The organization believes that amicus briefs are crucial in defending these rights and that any restrictions on their use could have harmful repercussions in the pursuit of justice. In response to this situation, EFF has called on the community to join in support of their cause to ensure the continued defense of digital rights in the courts.
Source: MiMub in Spanish
