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Expert Analysis

If You Miss, Better Miss Well: In Re Clark

Law360, New York (July 6, 2012, 11:48 AM EDT) -- In the iconic film "The Good, The Bad and The Ugly," Tuco (Ugly) tells Blondie (Good), "If you miss, you had better miss very well." "Good" only ostensibly lives up to his title in the movie. So it is with In re Clark, ____ F.3d ____, (5th Cir. June 11, 2012), where the Fifth Circuit Court of Appeals has ruled that a reporter has constitutional standing to challenge a confidentiality order in a criminal case that restricts the speech of trial participants. However, the court also ruled that granting intervention in the case would be futile and denied all relief....

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