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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|0 Comments

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

Common Law Presumption of Access Applies to Search Warrants

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 United States v. Schulte. This case concerns public access to certain search warrants and affidavits in the criminal prosecution of Joshua Schulte, a former CIA employee accused of illegally accessing [...]

By |2019-06-14T15:05:05-04:00June 11th, 2019|Law & Policy|Comments Off on Common Law Presumption of Access Applies to Search Warrants

Maryland’s Online Electioneering Act Violates First Amendment

Participated in an amicus brief (with the News Media Alliance and other amici) filed with the U.S. Court of Appeals for the Fourth Circuit in Washington Post v. David J. McManus, Jr. The brief states the district court correctly held that Maryland’s Online Electioneering Transparency and Accountability Act violates traditional First Amendment principles. The [...]

By |2019-06-13T16:11:24-04:00June 7th, 2019|Law & Policy|Comments Off on Maryland’s Online Electioneering Act Violates First Amendment

Fees Would Hinder Public and Media Access to Police Videos

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the California Supreme Court in National Lawyers Guild, San Francisco Bay Area Chapter v. City of Hayward. The case involves a request by the lawyers’ guild for written and electronic police records, including police body-worn camera (BWC) footage. The city [...]

By |2019-06-04T15:32:00-04:00May 31st, 2019|Law & Policy|Comments Off on Fees Would Hinder Public and Media Access to Police Videos

Improper Seizure of Journalist’s Work Product and Materials

Participated in an amicus letter (with the Reporters Committee and other amici) filed with the Superior Court of the State of California for the County of San Francisco in In Re: Ex Parte Application of Non-Party Journalist Bryan Carmody. The brief supports a motion by Carmody to compel the return of protected work product, [...]

By |2019-05-28T14:19:54-04:00May 21st, 2019|Law & Policy|Comments Off on Improper Seizure of Journalist’s Work Product and Materials

Search and Seizure of Journalists’ Work Products at Issue in U.K. Case

Participated in an intervenors/amicus brief (with the Reporters Committee and other amici) filed with the Belfast High Court in In re Fine Point Films & Trevor Birney. The case concerns filmmakers Trevor Birney and Barry McCaffrey, who were arrested for referencing an unpublished draft of a government report they received anonymously in their film [...]

By |2019-05-21T17:13:53-04:00May 16th, 2019|Law & Policy|Comments Off on Search and Seizure of Journalists’ Work Products at Issue in U.K. Case

Transit System Ad Policy Is Unconstitutionally Vague

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Third Circuit in CIR v. SEPTA. This case concerns a policy of the Southeastern Pennsylvania Transportation Authority (“SEPTA”) that bans certain advertisements on the Philadelphia-area transit system based on their content. The brief [...]

By |2019-05-21T17:13:03-04:00May 14th, 2019|Law & Policy|Comments Off on Transit System Ad Policy Is Unconstitutionally Vague

Public Has First Amendment Right To Photograph Police Performance

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Tenth Circuit in Frasier v. Evans. The case deals with the fact that members of the public possess a qualified right, grounded in the First Amendment, to photograph and record police in public [...]

By |2019-05-08T15:16:14-04:00May 6th, 2019|Law & Policy|Comments Off on Public Has First Amendment Right To Photograph Police Performance