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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+00:00December 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+00:00December 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+00:00December 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+00:00December 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+00:00December 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+00:00November 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+00:00November 13th, 2018|Law & Policy|Comments Off on Public’s Access to DEA Historical Data on Opiate Sales

Public Access to Judicial Records

Participated in an amicus brief (with other amici) filed with the U.S. Supreme Court on a petition for a writ of certiorari in Colorado Independent v. District Court. The brief urges the Court to grant certiorari because the Colorado Supreme Court’s rejection of a First Amendment right of access to judicial records inhibits public monitoring [...]

By |2018-10-30T13:06:21+00:00October 30th, 2018|Law & Policy|Comments Off on Public Access to Judicial Records

Probable Cause and First Amendment Retaliatory Arrest Claims

Participated in an amicus brief (with other amici) filed with the U.S. Supreme Court in Nieves v. Bartlett. The case deals with the question of whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law. The brief notes that where arrests of journalists are motivated by [...]

By |2018-10-11T14:33:51+00:00October 9th, 2018|Law & Policy|Comments Off on Probable Cause and First Amendment Retaliatory Arrest Claims

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