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First Amendment and Common Law Presumption of Access

Participated in an amicus brief (with other amici) filed with the U.S. Court of Appeals for the Fifth Circuit in Bradley v. Ackal. At issue is whether a court order sealing a settlement between the Iberia Parish Sheriff’s Office and the minor child of an alleged victim of an unlawful officer-involved shooting violates the [...]

By |2019-02-08T16:09:44-05:00February 6th, 2019|Law & Policy|Comments Off on First Amendment and Common Law Presumption of Access

Interior Dept. Proposed Rule Updates Inconsistent With FOIA

Participated in comments (with other media organizations) to the U.S. Department of the Interior, taking issue with the agency’s proposed updates to its regulations implementing the Freedom of Information Act (FOIA). The comments pointed out a number of ways in which the proposed rule would place additional unwarranted and illegal burdens on requesters. In [...]

By |2019-02-04T11:15:04-05:00January 28th, 2019|Law & Policy|Comments Off on Interior Dept. Proposed Rule Updates Inconsistent With FOIA

Standards for Court Review of Agency Denial of FOIA Request

Participated in an amicus brief (with other amici) filed with the U.S. Court of Appeals for the Second Circuit in ACLU v. Central Intelligence Agency. The brief notes the intent of Congress that courts can and must conduct a de novo review of all claims of exemptions under the Freedom of Information Act, including [...]

By |2019-01-09T15:47:57-05:00December 22nd, 2018|Law & Policy|Comments Off on Standards for Court Review of Agency Denial of FOIA Request

Public’s Interest in Disclosure of Dept. of Homeland Security Records

Participated in an amicus brief (with other amici) filed with the U.S. Court of Appeals for the Ninth Circuit in ACLU of Arizona v. U.S. Dept. of Homeland Security. The case involved a Freedom of Information Act request by the American Civil Liberties Union of Arizona that was denied by the U.S. Department of [...]

By |2019-01-09T15:52:17-05:00December 21st, 2018|Law & Policy|Comments Off on Public’s Interest in Disclosure of Dept. of Homeland Security Records

Constitutionality of Transit Advertising Policy

Participated in an amicus brief (with other amici) filed with the U.S. Court of Appeals for the Third Circuit in Northeastern Pennsylvania Freethought Society v. County of Lackawanna Transit System. The case involved the advertising policy of the transit system (“COLTS”), which the brief argued was unreasonable, vague, imprecise, and amounted to an unconstitutional [...]

By |2019-01-03T16:54:32-05:00December 18th, 2018|Law & Policy|Comments Off on Constitutionality of Transit Advertising Policy

Public Access to Summary Judgment Documents

Participated in an amicus brief (with other amici) filed with the U.S. Court of Appeals for the Second Circuit in Giuffre v. Maxwell. The brief urged the court to reverse a district court order denying access to judicial documents sought by the Miami Herald in this case. The brief noted that the district court [...]

By |2019-01-03T16:54:58-05:00December 17th, 2018|Law & Policy|Comments Off on Public Access to Summary Judgment Documents

Maintaining Limits on Personal Jurisdiction in Federal Courts

Participated in an amicus brief (with other amici) filed with the U.S. Court of Appeals for the Sixth Circuit in Kent v. Hennelly. This case concerned whether, under the boundaries of constitutional due process, a federal court may exercise personal jurisdiction over a defamation defendant who merely posts speech online about a plaintiff who [...]

By |2018-12-27T19:06:26-05:00December 5th, 2018|Law & Policy|Comments Off on Maintaining Limits on Personal Jurisdiction in Federal Courts

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 |2018-11-30T14:44:30-05:00November 28th, 2018|Law & Policy|Comments Off on Protecting News Media From Frivolous Lawsuits

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