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Dec 2021

West Virginia Court Applies Bartnicki and Affirms Dismissal of Wiretap Claims Against Fourteen Media Companies

Chad R. Bowman and Kaitlin M. Gurney

On appeal, plaintiffs offered a novel – if not bizarre – theory that their classroom conduct was only a matter of public concern within the state of West Virginia and thus Bartnicki did not protect the national media defendants.

Apr 2021

Eleventh Circuit Upholds Qualified Immunity for Police Officer

Jacqueline A. DeJournett and Peter Canfield

On April 20, the Eleventh Circuit upheld qualified immunity for a police officer, finding that a witness to a highway accident not did have a clearly established right to photograph police conduct at the scene.

Jan 2021

First Circuit: Secret Recordings of Police in Public Spaces Protected by First Amendment

Michael J. Lambert

In a pair of cases, the First Circuit held that the Commonwealth could not prohibit the secret recording of police officers carrying out their official duties in public places because such recording is a form of newsgathering activity protected by the First Amendment.