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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

DHS Targeting Harms First Amendment Rights, Undermines Press Freedom

Participated as part of a coalition of 103 media, journalism, civil liberties, and other groups in a letter to the Department of Homeland Security (DHS). The letter expresses deep concern over reports of surveillance and targeting of journalists, activists, and lawyers by DHS. Customs and Border Protection (CBP) reportedly created dossiers and targeted individuals [...]

By |2019-05-01T15:03:51-04:00May 1st, 2019|Law & Policy|Comments Off on DHS Targeting Harms First Amendment Rights, Undermines Press Freedom

Correct Application of Actual Malice Standard Would Protect Publisher

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the Supreme Court of North Carolina in Desmond v. News and Observer Publishing Co. The case involved a series of articles delving into alleged errors made by an employee of the State Bureau of Investigation Crime Lab. The brief noted [...]

By |2019-05-01T15:00:17-04:00April 29th, 2019|Law & Policy|Comments Off on Correct Application of Actual Malice Standard Would Protect Publisher

Fair Report Privilege Protects Publication of Allegations in ‘Steele Dossier’

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 Gubarev v. BuzzFeed, Inc. The brief argued that New York’s fair report privilege bars a defamation action against BuzzFeed for publishing an indisputably true and fair article about allegations (prominently [...]

By |2019-04-30T13:26:56-04:00April 26th, 2019|Law & Policy|Comments Off on Fair Report Privilege Protects Publication of Allegations in ‘Steele Dossier’

Access of the Media and Public to State Legislative Records

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the Supreme Court for the State of Washington in Associated Press v. Washington State Legislature. The brief emphasizes the importance of access to legislative records by the media and the public, including the records of individual legislators, staff complaints against [...]

By |2019-04-30T13:26:32-04:00April 25th, 2019|Law & Policy|Comments Off on Access of the Media and Public to State Legislative Records

Pre-Trial Conference Should Be Open to Press and Public

Participated in a letter (with the Reporters Committee and other media groups) sent to a federal judge in Cleveland regarding In re: National Prescription Opiate Litigation, MDL No. 2804. The letter objected to the court’s plans to close the courtroom to members of the press and public for a pre-trial conference. The letter urged [...]

By |2019-04-24T17:04:09-04:00April 22nd, 2019|Law & Policy|Comments Off on Pre-Trial Conference Should Be Open to Press and Public

Neutral Reportage Doctrine, Wire Service Defense Should Shield Newspaper

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the Court of Appeal of the State of California in Smith v. Palisades News. The case involved a defamation suit against the Palisades News brought by an activist who objected to the newspaper’s coverage of her statements on a matter [...]

By |2019-04-24T17:03:57-04:00April 18th, 2019|Law & Policy|Comments Off on Neutral Reportage Doctrine, Wire Service Defense Should Shield Newspaper

Certification Requirement Compromises Editorial Independence

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 Arkansas Times v. Waldrip. The Arkansas Times, an alternative newsweekly, challenged the constitutionality of an Arkansas statute that prohibits public entities in the state from engaging in a boycott of [...]

By |2019-04-18T16:47:02-04:00April 15th, 2019|Law & Policy|Comments Off on Certification Requirement Compromises Editorial Independence

Applicability of State Shield Law to Online News Sites

Participated in an amicus brief (with other amici) filed with the Supreme Court of the State of Nevada in Toll v. Gilman. The case involves a defamation suit brought by Gilman against Toll, a reporter for an online news site, seeking disclosure of Toll’s news sources. The brief argues that Nevada’s shield law is [...]

By |2019-03-29T15:11:32-04:00March 26th, 2019|Law & Policy|Comments Off on Applicability of State Shield Law to Online News Sites

Requirement To Meet FOIA ‘Foreseeable Harm Standard’ for Withholding Records

Participated in an amicus brief (with other amici) filed with the U.S. Supreme Court in Food Marketing Institute v. Argus Leader Media. The brief argues that FMI’s purported “plain text” reading of Exemption 4, under which government agencies may withhold records if a third party claims that the information is either kept private, or, [...]

By |2019-03-29T15:10:55-04:00March 25th, 2019|Law & Policy|Comments Off on Requirement To Meet FOIA ‘Foreseeable Harm Standard’ for Withholding Records