Newsgathering
USTA’s Bad Call on Free Speech at the US Open
George FreemanThe USTA’s censorship of the crowd's reaction to Trump is cowardly, hypocritical and un-American.
Seventh Circuit Holds Indiana “Police Buffer” Law is Unconstitutionally Vague
Grayson ClaryThe decision highlights that the Due Process Clause––complementing the First Amendment––provides journalists with important tools for challenging law enforcement discretion that threatens to chill newsgathering.
AG Permits Journalist Subpoenas in Leak Investigations
Lynn Oberlander and Kaitlin M. GurneyThe U.S. Attorney General has updated the policy governing when the news media can be subject to legal process for their sources. The updated regulations permit the Department of Justice (DOJ) to subpoena the media for leak investigations, and for other purposes, rescinding the previous policy.
Federal Judge Declines to Block White House Ban on AP — for Now
Gabe Rottman and Chris YoungJudge McFadden, however, suggested at the hearing that the ban is likely a form of content- and viewpoint-based discrimination, and left open the possibility that he could ultimately rule in the news outlet’s favor following a second hearing scheduled for March 20.
The Other Side of Leak Investigations: Defending the Press and Reporters
Eric R. Nitz & Kenneth E. Notter IIIThe Department of Justice has a variety of statutes at its disposal to investigate and potentially prosecute government employees who leak and the journalists who receive leaked information. Yet with skilled counsel, targets of leak investigations can successfully navigate these investigations by following certain best practices and staying ahead of the likely trends in leak…
Supreme Court Vacates and Remands Fifth Circuit Decision in Case Involving Retaliatory Arrest
Emily HockettThis summary decision, taken together with the Supreme Court’s per curiam decision in Gonzalez, suggest that retaliatory arrest claims can be maintained regardless of probable cause if a plaintiff can show objective evidence that officials rarely, if ever, enforce the law at issue in similar circumstances.
Threats to the Media in the Second Trump Term
George FreemanWhile we can also draw on his first term as a guide, the sad truth is that this second administration is likely to be far worse and far more hostile to the press and to First Amendment values: He’s learned from his first four years; he will only have yes-men surrounding him, no experts and…
First Amendment Lawsuit Forces Jail Policy Changes, Prompts National Call to Action
Paula Knudsen BurkeA journalist’s First Amendment lawsuit against a county in western Pennsylvania has resulted in a settlement agreement requiring local officials to revise policies that prevent jail employees from speaking publicly without the warden’s permission.
Media Rallies to Support Citizen Journalist in SCOTUS Qualified Immunity Case
Jeffrey J. PyleMore than thirty journalists and media organizations filed amicus briefs in support of Priscilla Villarreal, a citizen journalist who was arrested for requesting and reporting truthful information from a police officer.
Search Warrant Response Playbook
In the wake of recent law enforcement raids on the Marion County Record and the home of freelance journalist Brian Carmody, the MLRC Criminal Law Committee has put together this guide on how to respond when news clients are served with a search warrant.