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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’

Right of Public Access to Newly Filed Civil Complaints

Filed an amicus brief (with other amici) with the U.S. Court of Appeals for the Seventh Circuit in Courthouse News Service v. Brown.  The brief argues that the public has a First Amendment right to contemporaneous access to newly filed civil complaints at the time of filing.  Contemporaneous access benefits the public by promoting greater understanding [...]

By |2018-04-23T15:30:06+00:00April 19th, 2018|Law & Policy|Comments Off on Right of Public Access to Newly Filed Civil Complaints

Protection of Journalists’ Records Stored Outside the United States

Filed an amicus brief (with other amici) in the U.S. Supreme Court in United States v. Microsoft Corp.  The brief stresses that journalists must be able to protect sensitive reporting materials in the modern digital newsroom, which resides in the cloud.  The brief notes that expanding the U.S. government’s ability to reach electronic records [...]

By |2018-04-23T14:46:38+00:00January 22nd, 2018|Law & Policy|Comments Off on Protection of Journalists’ Records Stored Outside the United States

Extension of Video Privacy Protection Act to Mobile Application

Filed an amicus brief (with other amici) with the U.S. Court of Appeals for the First Circuit in Yershov v. Gannett.  The case involved the sharing of an anonymous device code with a data analytics provider used by USA Today.  The brief argued that the district court panel relied on a highly technical reading [...]

By |2018-03-18T15:53:00+00:00May 17th, 2016|Law & Policy|Comments Off on Extension of Video Privacy Protection Act to Mobile Application