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Protecting News Media From Frivolous Lawsuits

Participated in an amicus brief (with other amici) filed with the U.S. Court of Appeals for the Fifth Circuit in Van Dyke v. Retzlaff. The brief argues that the Texas Citizens’ Participation Act (“TCPA”) should apply in federal court. The news media have a strong interest in ensuring that statutory protections against frivolous lawsuits [...]

By |2018-11-30T14:44:30+00:00November 28th, 2018|Law & Policy|0 Comments

Public’s Access to DEA Historical Data on Opiate Sales

Participated in an amicus brief (with other amici) filed with the U.S. Court of Appeals for the Sixth Circuit in the matter known as In Re: National Prescription Opiate Litigation. In the largest public-health lawsuit of our time, a federal district court issued a protective order barring the plaintiffs from disclosing key historical data [...]

By |2018-11-15T19:05:56+00:00November 13th, 2018|Law & Policy|Comments Off on Public’s Access to DEA Historical Data on Opiate Sales

Public Access to Judicial Records

Participated in an amicus brief (with other amici) filed with the U.S. Supreme Court on a petition for a writ of certiorari in Colorado Independent v. District Court. The brief urges the Court to grant certiorari because the Colorado Supreme Court’s rejection of a First Amendment right of access to judicial records inhibits public monitoring [...]

By |2018-10-30T13:06:21+00:00October 30th, 2018|Law & Policy|Comments Off on Public Access to Judicial Records

Probable Cause and First Amendment Retaliatory Arrest Claims

Participated in an amicus brief (with other amici) filed with the U.S. Supreme Court in Nieves v. Bartlett. The case deals with the question of whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law. The brief notes that where arrests of journalists are motivated by [...]

By |2018-10-11T14:33:51+00:00October 9th, 2018|Law & Policy|Comments Off on Probable Cause and First Amendment Retaliatory Arrest Claims

Fair Report Privilege for Official Documents and Proceedings

Participated in an amicus brief (with other amici) filed with the Minnesota Supreme Court in Larson v. Gannett Co., Inc. The brief argues that the Court should affirm the court of appeals decision that the fair report privilege applies to news coverage of official press releases and official press conferences. A decision to paraphrase [...]

By |2018-10-11T14:34:07+00:00October 2nd, 2018|Law & Policy|Comments Off on Fair Report Privilege for Official Documents and Proceedings

Pseudonymous Plaintiffs and Public’s First Amendment Right of Access

Participated in an amicus brief (with other amici) filed with the U.S. Court of Appeals for the Eleventh Circuit in National Rifle Association v. Bondi. This case questions whether civil litigants challenging the constitutionality of a state statute may do so anonymously because they fear harassment. The brief argues that permitting pseudonymous plaintiffs impinges [...]

By |2018-10-11T14:34:19+00:00September 28th, 2018|Law & Policy|Comments Off on Pseudonymous Plaintiffs and Public’s First Amendment Right of Access

Application of State Anti-SLAPP Statutes in Federal Courts

Participated in an amicus brief (with other amici) filed with the U.S. Court of Appeals for the Fifth Circuit in Rudkin v. Beasley Imports, Inc. The brief argues that a Texas anti-SLAPP statute should be applied in federal court for two reasons: (1) It would foster and protect the exercise of First Amendment freedoms [...]

By |2018-09-07T16:58:59+00:00September 5th, 2018|Law & Policy|Comments Off on Application of State Anti-SLAPP Statutes in Federal Courts

Public Access to Videotapes of Court Proceeding

Filed an amicus brief (with other amici) with the U.S. Court of Appeals for the Ninth Circuit in Perry v. Hollingsworth. The brief asks the court to uphold the most recent decision of the U.S. District Court for the Northern District of California that the videotape recordings of its 2010 bench trial over the [...]

By |2018-08-17T18:54:33+00:00August 8th, 2018|Law & Policy|Comments Off on Public Access to Videotapes of Court Proceeding

Prior Restraint of Published Newspaper Story

Participated as a signer, with other amici, in a letter asking the U.S. Court of Appeals for the Ninth Circuit to overturn a temporary restraining order issued by a federal district court. The order required the Los Angeles Times to remove information in a story already published. The letter called the restraining order “extraordinary” and “unconstitutional.” [...]

By |2018-07-17T16:24:30+00:00July 16th, 2018|Law & Policy|Comments Off on Prior Restraint of Published Newspaper Story

State Court Should Not Recognize ‘Defamation by Implication’

Filed an amicus brief (with other amici) in the Supreme Court of the State of Idaho in Verity v. USA TODAY.  The brief urges the court not to recognize a cause of action for “defamation by implication” based on the dissemination of concededly accurate facts about a matter of public concern.  The case involves a [...]

By |2018-04-26T17:50:52+00:00April 26th, 2018|Law & Policy|Comments Off on State Court Should Not Recognize ‘Defamation by Implication’