Broadcast Ban’s Restriction on Speech Should Be Invalidated
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Fourth Circuit in Soderberg v. Carrion. This case concerns the Maryland Code of Criminal Procedure’s “Broadcast Ban,” which prohibits recording or broadcasting proceedings in a trial court or before a grand jury. The plaintiffs are journalists and community groups that possess recordings routinely made available by Maryland courts themselves. The district court dismissed the plaintiffs’ challenge of the ban’s constitutionality, holding that the Broadcast Ban is a reasonable “time, place, and manner” regulation. The amicus brief argues that medium-specific regulations on speech, like the Broadcast Ban, should be invalidated even if the Court construes the Broadcast Ban as a content-neutral regulation.