Prior Restraint Against New York Times Should Be Vacated Immediately
Participated in an amicus brief (with the Reporters Committee and 62 other amici) filed with the Supreme Court of the State of New York Appellate Division, Second Department in Project Veritas v. New York Times Co. On Dec. 24, 2021, a New York trial court entered an order continuing a restraint on the New York Times and ordering it to return physical copies and destroy any electronic copies of the legal memoranda at issue in the case. The Times appealed that decision on Dec. 27, seeking an emergency stay of the portions ordering “immediate” action, which the appeals court granted. The amicus brief urges the appellate court to vacate the lower court’s order immediately. The brief highlights the dangers of the lower court’s decision, including its purported “attorney-client privilege exception” to prior restraints and its insertion of a “public concern” test into the prior restraint analysis.