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Jul 2023

Arizona Law Banning Video Recording of Police Ruled Unconstitutional

Matthew E. Kelley

Ruling in favor of a coalition of news organizations, a federal judge has struck down an Arizona statute that would have made it a crime to record video of police within eight feet of them after being warned to stop.

Jun 2023

Daniel Ellsberg: A Personal Remembrance of an American Hero

George Freeman

Though in our volatile and combative times, many journalists – and their sources – are exceptionally courageous, and often sacrifice their well-being for their profession and causes, Ellsberg was the unequaled model for such behavior.

May 2023

Court Dismisses Trump’s Tortious Interference Claim Against The New York Times

Samantha C. Hamilton

Judge Reed’s decision is especially important for reporters who have sources with NDAs.

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.

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.