Jeffery v. City of New York

(1) Whether the constitutionality of the largest mass curfew in American history can be determined at the pleading stage, in the absence of record evidence, based solely upon the government"s declaration of an emergency; and (2) whether the factual predicate required to scrutinize an abridgment of fundamental rights can be exclusively supplied by judicially noticing "facts" contained in news and media coverage.