Common Law and First Amendment Govern Access to Court Records

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 CNN v. FBI.  The case stems from CNN’s FOIA request to the FBI for the Comey memos.  It concerns access to a sealed declaration the FBI submitted in the [...]

By |2020-04-21T14:26:22-04:00April 10th, 2020|Law & Policy|Comments Off on Common Law and First Amendment Govern Access to Court Records

Status of Producer as Public Figure At Issue in Defamation Lawsuit

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the New York Supreme Court Appellate Division in Gottwald v. Sebert.  The case involves a defamation lawsuit brought by music producer Dr. Luke against artist Kesha over statements made by Kesha and others in her employ about Kesha’s allegations that [...]

By |2020-04-21T14:27:09-04:00April 9th, 2020|Law & Policy|Comments Off on Status of Producer as Public Figure At Issue in Defamation Lawsuit

State Court’s Expansive View of Security Records Contrary to Precedent

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the Supreme Court of Ohio in Welsh-Huggins v. Office of the Prosecuting Attorney.  This case concerns a request by an AP reporter for surveillance camera footage of a shooting targeting a judge outside an Ohio courthouse.  A special master of [...]

By |2020-04-22T14:19:07-04:00April 8th, 2020|Law & Policy|Comments Off on State Court’s Expansive View of Security Records Contrary to Precedent

Federal Rule Should Allow Option of Disclosing Grand Jury Materials

Participated in a letter (with the Reporters Committee and other media groups) sent to the Administrative Office of the U.S. Courts’ Committee on Rules of Practice and Procedure.  The letter recommends that Rule 6(e) of the Federal Rules of Criminal Procedure be amended to make clear that district courts may exercise their inherent supervisory [...]

By |2020-04-22T14:17:24-04:00April 7th, 2020|Law & Policy|Comments Off on Federal Rule Should Allow Option of Disclosing Grand Jury Materials

First Amendment Creates Right of Access to Juror Questionnaires

Participated in an amicus brief (with the Reporters Committee and other media groups) filed with the U.S. District Court for the District of Columbia in In re Juror Questionnaires in United States v. Stone.  The case involves a motion filed by a social media activist seeking access to the juror questionnaires in the Roger [...]

By |2020-03-24T16:13:55-04:00March 19th, 2020|Law & Policy|Comments Off on First Amendment Creates Right of Access to Juror Questionnaires

D.C. Anti-SLAPP Act Should Apply in Federal Court

Participated in an amicus brief (with the Reporters Committee and other media groups) filed with the U.S. Court of Appeals for the D.C. Circuit in Tah v. Global Witness Publishing, Inc.  The case raises the issue of whether the D.C. Anti-SLAPP Act applies in federal court.  The case concerns a defamation action brought by [...]

By |2020-03-24T16:12:10-04:00March 18th, 2020|Law & Policy|Comments Off on D.C. Anti-SLAPP Act Should Apply in Federal Court

Seeking Prior Restraint Is Not Legitimate Petitioning Activity

Participated in an amicus brief (with the Reporters Committee and other media groups) filed with the Supreme Court of the State of New Mexico in The New Mexican v. Public Service Co. of New Mexico and BHP Billiton New Mexico Coal, Inc. (“PNM” and “BHP”).  The case involves a prior restraint to prohibit The [...]

By |2020-03-24T16:09:08-04:00March 16th, 2020|Law & Policy|Comments Off on Seeking Prior Restraint Is Not Legitimate Petitioning Activity

Government Consultant Records Should Not Fall Under FOIA Exemption

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Ninth Circuit sitting en banc in Rojas v. FAA.  This case concerns a FOIA request made to the FAA by Rojas, an unsuccessful job applicant, for records from a consulting firm related to [...]

By |2020-03-09T19:36:33-04:00March 5th, 2020|Law & Policy|Comments Off on Government Consultant Records Should Not Fall Under FOIA Exemption

Disclosure Provision in Penal Code Should Override CPRA Exemptions

Participated in a letter (with the Reporters Committee and other media groups) sent to the Supreme Court of California regarding the case Becerra v. Superior Court.  The letter urges the court to depublish Part D of the California Court of Appeal’s decision in this case because it is contrary to the legislature’s purpose and [...]

By |2020-03-09T19:36:43-04:00February 28th, 2020|Law & Policy|Comments Off on Disclosure Provision in Penal Code Should Override CPRA Exemptions

First Amendment, Common Law Right of Access to Victim Letters

Participated in a letter (with the Reporters Committee and other media groups) sent to Judge Denny Chin of the U.S. Court of Appeals for the Second Circuit regarding the case United States v. Madoff.  The letter asks that the court make available to the public any letters or communications from victims submitted in conjunction [...]

By |2020-03-10T22:19:09-04:00February 25th, 2020|Law & Policy|Comments Off on First Amendment, Common Law Right of Access to Victim Letters
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