This Court has recognized an exception to the mootness doctrine where “collateral consequences” flow from the challenged action. Carafas v. LaVallee, 391 U.S. 234, 237-38 (1968). The Eighth and Federal Circuits have held that injury to reputation alone cannot meet the “collateral consequences” exception. The First, Second, Third, Sixth, Seventh, Ninth, and Eleventh Circuits, along with a number of state courts of last resort, have held that reputation alone can meet the “collateral consequences” exception. The D.C. Circuit and the Fifth Circuit follow a third approach, where repu¬ta-tional harm alone is sufficient if it is a “direct effect” of the otherwise moot action, but not if it is a “lingering effect” of the action.
The questions presented are:
Journalist and Petitioner