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Newsgathering

Jun 2021

The Pentagon Papers 50 Years Later

George Freeman

Fifty 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…

May 2021

Law Banning Audio Recording of Bail Proceedings in Philadelphia Is Unconstitutional

Paul Safier and Shawn F. Summers

This ruling appears to be the first federal court decision to recognize a First Amendment right to record judicial proceedings in any circumstance.

Apr 2021

Eleventh Circuit Upholds Qualified Immunity for Police Officer

Jacqueline A. DeJournett and Peter Canfield

On 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.

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 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.

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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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