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Feb 2023

Florida Court Quashes Subpoena to Orlando Sentinel in Campaign Finance Trial

Minch Minchin

A central Florida court denied a criminal defendant’s motion to subpoena four Orlando Sentinel Reporters under Florida’s journalists’ privilege.

Jul 2022

The Right to Record: Same Circuit, Favorable Facts, Different Result

Mickey H. Osterreicher and Alicia Wagner Calzada

The Tenth Circuit is the first even-numbered jurisdiction to join the consensus of authority on the right to record police in public despite, less than a year before, having refused to reach that conclusion in another case.

Mar 2022

Minnesota Federal Court Enters Six-Year Permanent Injunction to Stop Abuse of Journalists and Protestors  

Isabella Salomão Nascimento and Kevin Riach

The court approved a six-year monitored injunction which prohibits the Minnesota State Patrol from arresting, using projectiles or chemical munitions against, or otherwise targeting journalists, as part of a settlement agreement reached between the plaintiffs and two State of Minnesota law enforcement agencies.

Dec 2021

Knight Institute and ACLU Ask Supreme Court to Revise Intelligence Agencies’ Systems of Prepublication Review

William Hughes

In their present form, agency prepublication review regimes are sprawling and vague, and they lack the substantive and procedural safeguards the Supreme Court has ordinarily required of licensing schemes.

Oct 2021

Police Officer Who Fired at Journalists During Protest Protected by Police Immunity Law

Andrew M. Pauwels

Though finding that the photographers were not participants in the protest, were wearing press badges, and had not refused to comply with any specific direction from police, Judge Archer ruled that the statute immunized Corporal Debono from the charges and dismissed the case. 

Oct 2021

Fifth Circuit Decision: “It Is Not a Crime to Be a Journalist.”

JT Morris

A recent decision from the Fifth Circuit concluded that officials have no qualified immunity after they arrested a citizen journalist for asking a police officer for information as part of reporting the local news.

Sep 2021

All Animals Are Equal: Eighth Circuit Reverses Dismissal of First Amendment Challenge to Arkansas Ag-Gag Law

Mike Nepple

In Animal Legal Defense Fund v. Vaught,the court reversed the dismissal of a lawsuit challenging an Arkansas “ag-gag” law, which allows commercial facilities to sue parties for conducting undercover investigations into farm animal welfare and recover up to $5,000 per day in damages.

Jun 2021

As Harry And Meghan Become a Hybrid Royal /Celebrity Couple, What If Any Is Their Impact on Celebrity Reporting?

Amber Melville-Brown

The employment of a PR velvet glove around an iron legal fist appears to be the couple’s strategy for elbowing third party reporters and snappers out of the way as they take control of their own images.

Jun 2021

Sixth Circuit Dismisses Journalist’s Claims of Interference in Newsgathering

Christopher Proczko

Thomas believed that her removal and subsequent exclusion from the List was retribution, motivated by the City government’s disapproval of her coverage.

Jun 2021

SCOTUS Ruling on Computer Fraud and Abuse Act May Help Investigative Journalists

Lynn Oberlander and Charles D. Tobin

Journalists may face less risk for commonplace investigative computer reporting techniques thanks to a recent ruling from the U.S. Supreme Court.