Skip to main content

Access / FOIA

Mar 2023

The Court and the Press in the Murdaugh Murders Trial

Jay Bender

On balance, the press members who were in Walterboro deserve as high a grade as the individuals who worked very hard to fulfill the provision in the South Carolina Constitution that all courts are public.

Mar 2023

Courthouse News Service Continues Its Winning Streak

Jack Greiner and Darren W. Ford

Courthouse News secured another victory in its efforts to preserve prompt access to electronically filed complaints, obtaining a preliminary injunction against the Franklin County, Ohio Clerk of Courts barring her office from restricting public access to newly filed non-confidential complaints, and directing her to make such complaints available to the public and press.

Mar 2023

Tennessee Journalists Prevail in Reverse Public Records Dispute Regarding Naomi Judd’s Death

Robb S. Harvey and Quynh-Anh D. Kibler

The procedural battles were unique, to say the least. Ultimately, the media’s requests were fulfilled, and the Judd family voluntarily dismissed their lawsuit.

Feb 2023

DC Court of Appeals Dismisses Police Union’s Fundamental Right to Privacy Claim Over Body Cam Footage

Sara Benson and Cindy Gierhart

The Court found that the growing consensus regarding a First Amendment right to record police activity in public was incompatible with the alleged fundamental information privacy right asserted by FOP.

Dec 2022

Mass Shooting at Club Q in Colorado Springs Prompts Two Successful Unsealing Battles

Steve Zansberg

Judge Chittum ruled that in light of recent events the statute clearly required that prior criminal case file be unsealed.

Oct 2022

Ohio Senate Candidate Can Run, But Not Hide

Darren Ford and Jack Greiner

Can a candidate for the United States Senate from Ohio and his soon to be ex-wife file a divorce action in a county in which neither resides and have a compliant judge issue an order prospectively sealing the entire case record? Spoiler alert, the answer is no.

TOPICS :
Oct 2022

New York Court Upholds First Amendment Right of Access to Jury Selection in Upcoming Trump Trial

Robert  Balin and Jesse Feitel

Judge Gonzalez appears to be the first New York state court judge to recognizing a presumptive First Amendment right of the public and press to attend jury selection in civil trials.

Sep 2022

Foreign Emoluments Clause Meets FOIA

Charles D. Tobin and Maxwell S. Mishkin

A D.C. federal judge has issued a groundbreaking Freedom of Information Act ruling in favor of the Washington Post, agreeing that the public has a "strong interest” in learning the names of retired U.S. military personnel who go to work for foreign governments and how much they get paid.

Aug 2022

Florida Federal Court Releases Redacted Warrant Affidavit in Unprecedented Search of Former President Trump’s Florida Residence

Charles D. Tobin and Elizabeth Seidlin-Bernstein

The news organizations argued that, even in the middle of an investigation and before any indictment, a search warrant affidavit is a judicial record to which the presumption of public access attaches.

Aug 2022

Whose Record Is It Anyway? Journal Sentinel Wins Access to Surveillance Video Footage

Julie A. Yedowitz and Michael J. Grygiel

The Wisconsin Court of Appeals affirmed a Circuit Court order requiring the Milwaukee County Sheriff’s Office to disclose surveillance video footage in its possession in response to an open records request filed by the Journal Sentinel.

TOPICS :