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Government Edicts Doctrine Can Be Grounded in First Amendment

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Supreme Court in Georgia v. Public.Resource.Org.  The brief concurred with the Eleventh Circuit that Georgia cannot copyright its official code, and by extension, the annotations to that code.  The brief argued that the government edicts doctrine at issue [...]

By |2019-10-18T17:42:51-04:00October 16th, 2019|Law & Policy|0 Comments

Massachusetts Wiretapping Statute Collides With First Amendment

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the First Circuit in Martin v. Rollins.  The brief argued that the First Amendment protects the right to gather and publish news on matters of public interest – including the activities of government officials [...]

By |2019-10-18T17:05:50-04:00October 4th, 2019|Law & Policy|Comments Off on Massachusetts Wiretapping Statute Collides With First Amendment

Supreme Court Urged To Provide Live Audio Access to Oral Argument

Participated in a letter (with the Reporters Committee and other news media organizations) sent to U.S. Supreme Court Chief Justice John G. Roberts, Jr.  The letter requested that the Court provide live audio access to oral argument in a number of upcoming cases regarding nondiscrimination and the DACA immigration plan, citing strong nationwide interest [...]

By |2019-10-18T17:43:29-04:00October 3rd, 2019|Law & Policy|Comments Off on Supreme Court Urged To Provide Live Audio Access to Oral Argument

Reporters Must Be Protected From Excessive Defamation Liability

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the New York Appellate Division, First Department, in Rainbow v. WPIX.  The case involved a media outlet that misidentified a public school teacher accused of bullying.  The teacher, Starlight Rainbow, appealed after the trial court ruled in favor of the [...]

By |2019-10-18T17:02:01-04:00October 2nd, 2019|Law & Policy|Comments Off on Reporters Must Be Protected From Excessive Defamation Liability

California Statute Should Be Construed Broadly in Favor of Access

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the Court of Appeal, State of California in Becerra v. Superior Court for the City and County of San Francisco. This is a California Public Records Act (CPRA) case in which the First Amendment Coalition and KQED submitted a CPRA [...]

By |2019-09-26T15:58:02-04:00September 18th, 2019|Law & Policy|Comments Off on California Statute Should Be Construed Broadly in Favor of Access

Congress Should Not Rush To Expand Identity Protection Act

Participated with other media organizations in a letter from the Reporters Committee to members of Congress expressing concern about the proposed dramatic expansion of the Intelligence Identities Protection Act of 1982 (“IIPA”), one of the few laws that criminalizes the publication of truthful information about government activities. The letter notes that the bill expanding [...]

By |2019-09-06T19:01:39-04:00August 8th, 2019|Law & Policy|Comments Off on Congress Should Not Rush To Expand Identity Protection Act

D.C. Circuit Has Chance To Apply FOIA Foreseeable Harm Standard

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the District of Columbia Circuit in Machado Amadis v. Dept. of Justice. The case presents the first opportunity for the D.C. Circuit to address the Freedom of Information Act’s new foreseeable harm standard, which [...]

By |2019-08-08T12:46:05-04:00August 6th, 2019|Law & Policy|Comments Off on D.C. Circuit Has Chance To Apply FOIA Foreseeable Harm Standard

EPA’s Rule Changes Would Undermine Freedom of Information Act

Participated in a letter (with the Reporters Committee and other news media organizations) sent to the Environmental Protection Agency (EPA) regarding EPA’s proposed changes to its FOIA regulations. The letter notes that the proposed rule contains provisions that would undermine the Freedom of Information Act, are impermissible under clear and binding D.C. Circuit Court [...]

By |2019-07-11T13:59:29-04:00July 9th, 2019|Law & Policy|Comments Off on EPA’s Rule Changes Would Undermine Freedom of Information Act

Statute Outlawing Undercover Investigations Is Unconstitutional

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Eighth Circuit in ALDF v. Reynolds. This case concerns the Iowa “ag-gag” statute, which criminalizes “agricultural production facility fraud” – gaining access to a facility under false pretenses to report on health and [...]

By |2019-07-03T14:43:52-04:00June 27th, 2019|Law & Policy|Comments Off on Statute Outlawing Undercover Investigations Is Unconstitutional

First Amendment Right of Access Applies to Contempt Proceedings

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Ninth Circuit in two related cases, Washington Post v. U.S. Dept. of Justice and ACLU v. U.S. Dept. of Justice. The case concerns motions to unseal a contempt proceeding that the DOJ reportedly [...]

By |2019-07-01T15:54:10-04:00June 19th, 2019|Law & Policy|Comments Off on First Amendment Right of Access Applies to Contempt Proceedings