The Basis for Noerr-Pennington Immunity: An Argument that Federal Antitrust Law, not the First Amendment, Defines the Boundaries of Noerr-Pennington

ÄúCongress shall make no law . . . abridging . . . the right of the people . . . to petition the government for a redress of grievances.‚ÄĚ While perhaps not as famous as its fellow First Amendment freedoms of speech, press and assembly, the Supreme Court has maintained that the right to petition is one of ‚Äúthe most precious of the liberties safeguarded by the Bill of Rights.‚ÄĚ To this day, however, it remains one of the least defined First Amendment rights. Few Supreme Court cases address the right to petition and the majority of cases that deal with the right to petition address it in the narrow context of a defendant‚Äôs claim to petitioning immunity.

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