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Newsgathering

Apr 2021

NDAs Take an “L”: Court Rules Trump Campaign Non-Disclosure Agreement Unenforceable

Joe Slaughter

SDNY Judge Paul Gardephe struck a blow for transparency in ruling that non-disclosure and non-disparagement provisions in a Trump Campaign employment contract are invalid and unenforceable as a matter of New York contract law.

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Apr 2021

Source Anonymity: A Practical Checklist of Issues and Questions

Craig T. Merritt and Steven D. Zansberg

A practical checklist for attorneys to use when a client seeks advice about potential criminal or civil liability arising out of accessing and/or publishing information where the source (a) was not legally authorized to obtain and/or disclose the information to the press, and (b) insists on being promised confidentiality as a condition for providing the…

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Apr 2021

Jury Finds Iowa Journalist Andrea Sahouri Not Guilty

Nick Klinefeldt and David Yoshimura

Des Moines Register journalist Andrea Sahouri was arrested while covering a Black Lives Matter protest occurring in the wake of George Floyd’s death.

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Feb 2021

Thanks to Cameras, No Qualified Immunity for Cop Who Tear-Gassed Journalists During Ferguson Riots

Ross Ufberg

An officer responding to protests in Ferguson, Missouri after the 2014 death of Michael Brown is subject to suit claiming he violated news media’s First Amendment rights.

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Feb 2021

Eight Circuit Finds Police Officers’ Subjective Beliefs May Limit First Amendment Right to Film Them

Michael L. Nepple

The evolving First Amendment right to film the police is not absolute, according to the Eighth Circuit.

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Feb 2021

Warrantless Border Searches of Electronic Devices Constitutional

Jackson Busch

The First Circuit ruled this month that warrantless searches of electronic devices at the border do not violate the First or Fourth Amendments.

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Jan 2021

New Drone Journalism Rules Cause for Excitement, Concern

Chuck Tobin, Emmy Parsons and Mickey Osterreicher

The FAA finally issued a pair of long-awaited final rules that will expand opportunities for aerial journalists, but, at the same time, will permit the government to monitor all drone traffic.

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Jan 2021

UK Court Denies U.S. Request to Extradite Julian Assange

Raymond M. Baldino

According to UK experts, the United States faces an uphill battle on appeal because the Court’s findings of fact regarding Assange’s mental health are unlikely to be reversed.

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.

Dec 2020

Maggie Haberman, Jenna Johnson and Jennifer Epstein on Presidential Campaign Reporting in a Time of Pandemic: A Redux of the 2019 MLRC Annual Dinner Program

Six months after speaking at the MLRC Dinner, and two months into the coronavirus outbreak, we invited a group of esteemed women journalists back to discuss reporting on the campaign in the middle of a pandemic.

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