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Interpretation of Wiretapping Statutes Implicates First Amendment

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the Michigan Supreme Court in AFT Michigan v. Project Veritas.  The case involves whether Michigan’s wiretapping statutes prohibit recording a conversation without the consent of all parties to the conversation.  The amicus brief urges the Michigan Supreme Court to adopt the [...]

By |2021-03-03T20:43:32-04:00February 24th, 2021|Law & Policy|Comments Off on Interpretation of Wiretapping Statutes Implicates First Amendment

Persistent Surveillance Infringes on Media’s First Amendment Rights

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 United States v. Moore-Bush.  The First Circuit recently granted rehearing en banc in the case – a drug prosecution matter – to reconsider whether 24/7 camera surveillance of a particular [...]

By |2021-03-03T20:42:04-04:00February 11th, 2021|Law & Policy|Comments Off on Persistent Surveillance Infringes on Media’s First Amendment Rights

Late Intervention Contravenes FOIA Goals and Timely Newsgathering

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 Center for Investigative Reporting v. Department of Labor.  This case concerns a FOIA request made to the Labor Dept. by CIR for employment diversity reports of certain federal contractors.  Nearly [...]

By |2021-03-03T20:40:26-04:00February 3rd, 2021|Law & Policy|Comments Off on Late Intervention Contravenes FOIA Goals and Timely Newsgathering

Narrow Definition of Judicial Records Would Imperil Newsgathering

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Eleventh Circuit in Callahan v. United Network for Organ Sharing.  This case concerns the common-law right of access to judicial documents.  The underlying suit was brought by certain hospitals and patients against UNOS, [...]

By |2021-02-17T01:50:48-04:00January 27th, 2021|Law & Policy|Comments Off on Narrow Definition of Judicial Records Would Imperil Newsgathering

Free Expression Should Generally Outweigh Right To Be Forgotten

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the European Court of Human Rights in Biancardi v. Italy.  The case involves the “right to be forgotten,” which gives users the ability to request that search engines de-list or de-index search results on the basis of a person’s name.  [...]

By |2020-12-29T18:56:58-04:00December 28th, 2020|Law & Policy|Comments Off on Free Expression Should Generally Outweigh Right To Be Forgotten

Requests for Non-Disclosure Orders Require Strict Scrutiny

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Second Circuit in Microsoft Corp. v. U.S.  In 2019, Microsoft challenged a government order under the Stored Communications Act prohibiting the company from telling anyone that it had received a search warrant for [...]

By |2021-02-17T01:50:03-04:00December 21st, 2020|Law & Policy|Comments Off on Requests for Non-Disclosure Orders Require Strict Scrutiny

Hyperlinking Is Not Republication for Statute-of-Limitations Purposes

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the Delaware Supreme Court in Perlman v. Vox Media, Inc.  The case arises from a defamation action that Perlman and two of his companies filed against Vox Media after publication of two online articles in 2012 and a third article [...]

By |2020-12-29T18:55:12-04:00December 7th, 2020|Law & Policy|Comments Off on Hyperlinking Is Not Republication for Statute-of-Limitations Purposes

Dispersal Orders Cannot Infringe Journalists’ First Amendment Rights

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 Index Newspapers v. U.S. Marshals Service.  The case involves an appeal by the Department of Homeland Security to overturn a district court’s injunction prohibiting the use of dispersal orders against [...]

By |2020-12-28T20:56:01-04:00November 23rd, 2020|Law & Policy|Comments Off on Dispersal Orders Cannot Infringe Journalists’ First Amendment Rights

First Amendment Right To Record Bail Hearings Should Be Upheld

Participated in an amicus brief in support of a petition for rehearing en banc (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Third Circuit in Philadelphia Bail Fund v. Arraignment Court Magistrate Judges.  The case involves the constitutionality of certain Pennsylvania court rules that prohibit groups [...]

By |2020-12-28T20:54:42-04:00November 19th, 2020|Law & Policy|Comments Off on First Amendment Right To Record Bail Hearings Should Be Upheld

Photographer’s First Amendment Rights Violated by New York Police

Participated with the Reporters Committee and 22 other media organizations and outlets in a letter to the New York City mayor and law enforcement officials concerning the arrest of Chae Kihn, an independent photographer who was tackled by multiple NYPD officers, arrested, and charged with obstructing traffic in the lawful course of her reporting.  [...]

By |2020-11-19T14:25:57-04:00November 6th, 2020|Law & Policy|Comments Off on Photographer’s First Amendment Rights Violated by New York Police
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