In 2019, former national security officials filed suit challenging the government's prepublication review process under the First Amendment, claiming the ambiguous and vague standards place too much discretionary power in reviewing officials who can discriminate against low-ranking critics, while quickly clearing favorable material by senior officials. The case was dismissed by a district court, and the Fourth Circuit affirmed in 2021, drawing on Snepp for the conclusion that the plaintiffs voluntarily signed the agreements and therefore knowingly waived their First Amendment rights.
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