Court Order Prohibiting Reference to Documents Is Prior Restraint
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the New York Appellate Division in Center on Privacy & Technology v. New York City Police Dept. This case arises out of a public records request that CPT made to the NYPD under New York’s Freedom of Information Law. The NYPD claimed after the fact that it had disclosed certain documents inadvertently, and the Supreme Court ordered CPT to return some of those records. The Supreme Court’s order had the effect of prohibiting CPT from publicly acknowledging NYPD as the source of the information in the records. CPT now intends to seek leave from the Appellate Division to appeal to the New York Court of Appeals. The amicus brief argues that leave to appeal should be granted because the Supreme Court’s order is an unconstitutional prior restraint.