Note how the court says that when the determination is easy to make, the extraordinary procedural safeguards are not needed.

The question is not whether ex parte seizures of infringing copies require extraordinary safeguards. (Indeed, not one bit of infringing speech was blocked by the seizures.) The question is whether an ex parte seizure that results in non-infringing content being suppressed requires extraordinary safeguards.

And the answer is: yes, it does. Since you brought up child pornography (big surprise), it should be noted that government actions targeting child pornography, that also result in the removal of material that is not child pornography, have repeatedly found to be unconstitutional. For example:

The Act and Informal Notice process are not prior restraints in the traditional sense. They do not prevent speech from reaching the market place but remove material already available on the Internet from circulation. Alexander v. United States, 509 U.S. 544 (1993) (“The term ‘prior restraint’ describes orders forbidding certain communications that are issued before the communications occur.”) However, they are administrative prior restraints as that term has been interpreted by the Supreme Court. According to the Court, “only a judicial determination in an adversary proceeding ensures the necessary sensitivity to freedom of expression, only a procedure requiring a judicial determination suffices to impose a valid final restraint.” Freedman v. Maryland, 380 U.S. 51, 58 (U.S. 1965). Thus, if material protected by the First Amendment is removed from circulation without these procedural protections, the seizure is invalid as a prior restraint. […]

Based on the decision in Bantam Books and Fort Wayne Books, this Court concludes the procedural protections provided by the Act are inadequate. These cases require a court to make a final determination that material is child pornography after an adversary hearing before the material is completely removed from circulation. Under the Act, a judge is only required to make a finding of probable cause, he can make this determination ex parte, and there is no requirement that the publisher or distributor receive notice or an opportunity to be heard.

– CDT v. Pappert

The key in determining the constitutionality of a law that “spills over” from a legitimate governmental interest-such as the effort against child pornography-onto protected material is whether the legislation is “narrowly drawn” to avoid as much interference with protected material as possible while furthering the legitimate governmental interest. […]

The 1988 Act created a civil forfeiture scheme. 18 U.S.C. ? 2254. In addition to providing for forfeiture of “[a]ny visual depiction” of pornography involving minors, the provision authorizes forfeiture of any “[a]ny property, real, or personal, used or intended to be used to commit or to promote the commission” of the offense. Id. ? 2254(a). Like the law at issue in Fort Wayne Books, the 1988 Act “allow[s] prosecutors to cast wide nets and seize, upon a showing that two obscene materials have been sold, or even just exhibited, all a store’s books, magazines, films, and video-tapes – the obscene, those nonobscene yet sexually explicit, even those devoid of sexual reference.” Id. at 937 (Stevens, J., concurring in part and dissenting in part). The section provides for seizure and forfeiture procedures according to customs laws and the Supplemental Rules for Certain Admiralty and Maritime Claims (“Admiralty Rules”). See id. ? 2254(b), (d). For a number of reasons, the Court concludes that aspects of the civil forfeiture provision are unconstitutional.

Under this scheme, an authorized federal agent may seize property based on a showing of “probable cause,” which for seizure purposes has been held to be “a reasonable ground for belief of guilt, supported by less than prima facie proof but more than mere suspicion.” United States v. Twenty-Two Thousand Two Hundred Eighty Seven Dollars,709 F.2d 442, 446-47 (6th Cir.1983) (citation omitted). A warrant may be issued by filing ex parte a complaint with the clerk of the court, who may in turn issue the warrant without referring the matter to a judge or magistrate. Admiralty Rule C(3). Thus, it is clear that a large amount of assets-books, printing presses, films, etc.-may be seized based solely on an ex parte showing of probable cause.18 The Supreme Court has clearly stated, however, that “while the general rule under the Fourth Amendment is that any and all contraband, instrumentalities, and evidence of crimes may be seized on probable cause (and even without a warrant in various circumstances), it is otherwise when materials presumptively protected by the First Amendment are involved.” Fort Wayne Books, 109 S.Ct. at 927. Indeed, the Supreme Court cases “firmly hold that mere probable cause to believe that a legal violation has transpired is not adequate to remove books or films from circulation.” Fort Wayne Books, 109 S.Ct. at 929 (citing, e.g., Heller v. New York,413 U.S. 483, 93 S.Ct. 2789, 37 L.Ed.2d 745 (1973)). First Amendment material may not be taken out of circulation completely until there has been a “judicial determination of the obscenity issue in an adversary proceeding.” Fort Wayne Books, 109 S.Ct. at 927 (quoting Heller, 413 U.S. at 492-93, 93 S.Ct. at 2794-95); see Marcus v. Search Warrant,367 U.S. 717, 81 S.Ct. 1708, 6 L.Ed.2d 1127 (1961). The First Amendment’s presumption for expressive materials must apply whether the alleged offense is child pornography or obscenity.

– American Library Association V. Thornburgh

Finally, the Government says that the possibility of producing images by using computer imaging makes it very difficult for it to prosecute those who produce pornography by using real children. Experts, we are told, may have difficulty in saying whether the pictures were made by using real children or by using computer imaging. The necessary solution, the argument runs, is to prohibit both kinds of images. The argument, in essence, is that protected speech may be banned as a means to ban unprotected speech. This analysis turns the First Amendment upside down.

The Government may not suppress lawful speech as the means to suppress unlawful speech. Protected speech does not become unprotected merely because it resembles the latter. The Constitution requires the reverse. “[T]he possible harm to society in permitting some unprotected speech to go unpunished is outweighed by the possibility that protected speech of others may be muted … .” Broadrick v. Oklahoma, 413 U. S., at 612. The overbreadth doctrine prohibits the Government from banning unprotected speech if a substantial amount of protected speech is prohibited or chilled in the process.

In sum, ?2256(8)(B) covers materials beyond the categories recognized in Ferber and Miller, and the reasons the Government offers in support of limiting the freedom of speech have no justification in our precedents or in the law of the First Amendment. The provision abridges the freedom to engage in a substantial amount of lawful speech. For this reason, it is overbroad and unconstitutional.

– Ashcroft v. Free Speech Coalition

In sum: yes, those “extraordinary procedural safeguards” are necessary in child pornography cases, too. And there is no doubt that it is far, far easier to determine whether something is child pornography, than it is to determine whether something is infringing. After all, an authorized MP3 on a filesharing site, looks no different than an infringing MP3 on a filesharing site.

Furthermore, ex parte intellectual property seizures have often been overturned for being overbroad – though almost always on due process grounds. Examples:

Thus, the district court abused its discretion in issuing the ex parte order of inventory and impoundment. The court was required to apply the standard provided in Fed.R.Civ.P. 65(b) for granting ex parte relief, because neither 17 U.S.C. Sec. 503(a) nor the Copyright Rules authorizes the copying of business records, which the district court’s order permitted. Plaintiff did not make a sufficient showing of at least one prerequisite for obtaining an ex parte order under Fed.R.Civ.P. 65(b); namely, why notice should not have been required. Plaintiff did not sufficiently show that it was necessary to proceed ex parte and that there were no less extreme remedies available. Plaintiff’s assertion that defendants would conceal evidence if given notice because defendants allegedly misappropriated trade secrets and infringed plaintiff’s copyrights is insufficient to establish that notice to the defendants would have rendered fruitless further prosecution of the action. Because plaintiff failed to comply with Fed.R.Civ.P. 65(b), the district court’s ex parte order of inventory and impoundment was an abuse of discretion. Therefore, the district court’s order denying defendants’ motion to vacate that ex parte order was, likewise, an abuse of discretion.

For the reasons stated, the district court’s order denying defendants’ motion to vacate the order granting plaintiff’s request for immediate ex parte order of inventory and impoundment is REVERSED, and this case is REMANDED for further action consistent with this opinion. The district court is ORDERED to immediately return to defendants all items taken from defendants pursuant to the ex parte order of inventory and impoundment, including all photocopies and electronic copies made, but the district court may condition the return of these items by such safeguards as it deems necessary to prevent the secretion, alteration, or destruction of the returned items.

– First Technology Safety Systems v. Depinet

In June 1984, Mrs. Cho purchased twelve small plastic dolls from a wholesaler. Unknown to her, these dolls were similar to a copyrighted character called “Gizmo” in a Warner movie. The Chos were not familiar with either the movie or the characters. On June 27, 1984, a private investigator for Warner visited the store and purchased six of these small figures for $15. […]

When Warner’s investigator returned with news of his purchase, Warner’s attorneys promptly prepared a complaint against Dae Rim and “John Doe”, together with motion papers for what was designated a “Temporary Restraining Order, Seizure and Impoundment Order and Order to Show Cause for Preliminary Injunction and Accelerated Discovery.” The complaint alleged that Warner owns copyrights for two characters in its movie “Gremlins”, one called “Gizmo”, the other called “Stripe”, and that the defendants willfully and knowingly offered for sale, distributed and publicly displayed “various products” bearing the likenesses of both characters. […]

Fed.R.Civ.P. 65 prescribes the method for securing preliminary injunctive relief, but specifically provides that “no preliminary injunction shall be issued without notice to the adverse party.” While Rule 65 permits the grant of a temporary restraining order without notice, such an order, as is indicated by the very word “restraining”, should issue only for the purpose of preserving the status quo and preventing irreparable harm and for just so long as is necessary to hold a hearing. Granny Goose Foods, Inc. v. Brotherhood of Teamsters, 415 U.S. 423, 439, 94 S.Ct. 1113, 1124, 39 L.Ed.2d 435 (1974). “The purpose of a temporary restraining order is to preserve an existing situation in statu quo until the court has an opportunity to pass upon the merits of the demand for a preliminary injunction.” Pan American World Airways, Inc. v. Flight Engineers’ Int’l Ass’n, 306 F.2d 840, 842-43 (2d Cir.1962). An order issued without notice directing an agent of plaintiff’s attorney to search a defendant’s premises, seize goods, documents and records and deliver them to the attorney, is not an order aimed at maintaining the status quo. See Punnett v. Carter, 621 F.2d 578, 582 (3d Cir.1980); United States v. Spectro Foods Corp., 544 F.2d 1175, 1180-82 (3d Cir.1976); Warner Bros. Pictures, Inc. v. Gittone, 110 F.2d 292, 293 (3d Cir.1940). […]

For all of the foregoing reasons, we agree with Judge Wyatt that the seizure conducted by Warner’s attorneys and their agents was improper. We also agree that the “search” conducted by the agents was not authorized by 17 U.S.C. Sec. 503, and that the “discovery” of defendants’ documents and records without notice was not authorized by either section 503 or Fed.R.Civ.P. 34. See American Can Co. v. Mansukhani, 742 F.2d 314, 323-24 (7th Cir.1984).

Judge Wyatt made numerous findings of fact which led him to conclude that the action was conducted in a “vexatious”, “oppressive” and “unreasonable” manner. 677 F.Supp. at 771-73. These factual findings were not clearly erroneous, and they fully supported Judge Wyatt’s conclusions.
– Warner Bros. Inc. v. Dae Rim Trading, Inc., 877 F.2d 1120 (2d Cir. 1989)

I’m sure I could dig up more, but you’re the one with Lexis-Nexus access.

If there isn’t a case where First Amendment overbreadth doctrine hasn’t applied to copyright seizures, it’s because I couldn’t find even one copyright seizure case where speech that was not even allegedly infringing was suppressed. The ICE seizures are unprecedented in that regard.