Newsgathering
The Pentagon Papers 50 Years Later
George FreemanFifty years has not definitively resolved the impact and import of the Pentagon Papers case. Was it a monumental victory for the press? Was it a loss, since for the first time the courts imposed a prior restraint on a newspaper? Or was it an inconsequential one-off, since it hasn’t been a precedent for many…
Law Banning Audio Recording of Bail Proceedings in Philadelphia Is Unconstitutional
Paul Safier and Shawn F. SummersThis ruling appears to be the first federal court decision to recognize a First Amendment right to record judicial proceedings in any circumstance.
Eleventh Circuit Upholds Qualified Immunity for Police Officer
Jacqueline A. DeJournett and Peter CanfieldOn 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.
NDAs Take an “L”: Court Rules Trump Campaign Non-Disclosure Agreement Unenforceable
Joe SlaughterSDNY 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.
Source Anonymity: A Practical Checklist of Issues and Questions
Craig T. Merritt and Steven D. ZansbergA practical checklist for when a client seeks advice about potential liability arising out of publishing information where the source was not legally authorized to obtain and/or disclose the information, and insists on a promise of confidentiality.
Jury Finds Iowa Journalist Andrea Sahouri Not Guilty
Nick Klinefeldt and David YoshimuraDes Moines Register journalist Andrea Sahouri was arrested while covering a Black Lives Matter protest occurring in the wake of George Floyd’s death.
Thanks to Cameras, No Qualified Immunity for Cop Who Tear-Gassed Journalists During Ferguson Riots
Ross UfbergAn 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.
Eight Circuit Finds Police Officers’ Subjective Beliefs May Limit First Amendment Right to Film Them
Michael L. NeppleThe evolving First Amendment right to film the police is not absolute, according to the Eighth Circuit.
Warrantless Border Searches of Electronic Devices Constitutional
Jackson BuschThe First Circuit ruled this month that warrantless searches of electronic devices at the border do not violate the First or Fourth Amendments.
New Drone Journalism Rules Cause for Excitement, Concern
Chuck Tobin, Emmy Parsons and Mickey OsterreicherThe 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.