Participated in comments (with other media organizations) to the U.S. Department of the Interior, taking issue with the agency’s proposed updates to its regulations implementing the Freedom of Information Act (FOIA). The comments pointed out a number of ways in which the proposed rule would place additional unwarranted and illegal burdens on requesters. In [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]