Nevada: Suit filed after student arrested and expelled from school for e-mails sent from home

After a high school student sent an allegedly threatening e-mail to a friend on his home computer, he was arrested, held in jail for 32 days while interrogated and then expelled from school. The boy claims his First Amendment rights were violated. -DB Courthouse News Service October 29,2009 By Nick Divito RENO, Nev. – A [...]

California appeals court rules vulgar language in text messages not obscene

A California  appeals court ruled that a high school student who used vulgar and violent language in a text message to a girlfriend who was breaking off their relationship could not be put on probation for his message. The court said the words used by the boy were not criminal but rather depictions of his emotional [...]

OMB Watch posts details of risks posed by U.S. chemical facilities

A government watchdog agency, OMB Watch, has posted updated risks to public health of thousands of chemical facilities allowing the public information needed to protect families and communities. The government has been derelict in providing the information. -DB OMB Watch Press Release October 29, 2009 WASHINGTON, D.C.—OMB Watch today posted updated information about the risks [...]

Air Force opts out of Obama’s open government directive

The Air Force has decided to restrict information posted on Air Force web sites to content “intended for a wide public audience”.  All content is subject to a clumsy process of prior review intended to shut the public out, says Steven Aftergood of Secrecy News. -DB Secrecy News Federation of American Scientists Commentary October 28, 2009 [...]

Free internet depends on establishing ‘net neutrality’

While the European Union is rejecting the principles of an open internet, the United States with leadership from the Obama administration favors ”net neutrality”, policies the provides equal access to the internet without any restrictions on accessing content.No company or government would be allowed to restrict use except to safeguard security and to fix temporary technical glitches.-DB MediaShift Commentary [...]

Four faculty members suspended at Southwestern College after protest for budget cuts

Inside Higher Ed Commentary October 26, 2009 By Scott Jaschik Four faculty members received notices at Southwestern College, a community college in San Diego, that they were suspended the day after a peaceful campus protest over budget cuts. The notices referenced a section of the state penal code that prevents people from disrupting the orderly [...]

Recent federal court ruling prompts city council to consider its handbill ban

An early October ruling in a case from San Clemente that handbill distribution on vehicles was protected under the First Amendment has made the Carlsbad city attorney recommend rescinding the city’s 15-year-old ban on the practice. -DB North County Times October 26, 2009 By Barbara Henry Tucking a fitness club flier or a restaurant discount [...]

Media law non-profit offers updated guide for newsgathering at polls

The Citizen Media Law Project is offering online its updated guide on laws regarding newsgathering at the polls. -DB Citizen Media Law Project October 28, 2009 By Sam Bayard Voters head to the polls again on November 3 to cast their ballots in mayoral [1], city council [2], and even a handful of gubernatorial [3] [...]

Washington: Federal judge rejects plea by anti-gay marriage PAC to suspend campaign finance laws

Seatlle Post Intelligencer October 27, 2009 By Chris Grygiel Family PAC said the campaign finance laws were hampering their ability to collect contributions before the November 3 election on Referendum 71 extending domestic partnership rights for gay couples. The law limits donations to small contributions in the last weeks before the election which according to [...]

Newspaper gives FBI identity of web commenter in criminal investigation

In response to a grand jury subpoena, the Knoxville News Sentinel gave the FBI the identity of a person commenting on its Web site. The subpoena was part of an FBI investigation into death threats made against defense attorneys in a carjacking and murder trial. Given the narrow nature of the request, the newspaper felt [...]

Lengthy comments at Lake County planning meeting frustrates reporter

A Lake County reporter argues that allowing citizens unlimited time to speak at public meetings is detrimental. She says that putting time limits on speakers will force them to make cogent arguments thus making their arguments more effective and strengthening democratic processes. -DB Lake County Record-Bee Commentary October 28, 2009 By Katy Sweeny In “Mr. Smith [...]

City college student body president faces recall over pro-life display on campus

World Net Daily October 29, 200 By Chelsea Schilling The Sacrament City College student government president faced a hastily organized recall election for allowing the Genocide Awareness Project to present a pro-life exhibit at a two-day event celebrating the Constitution and free speech. When the administration asked him to tell the group to leave campus, [...]

Illinois: State attorney subpoenas personal records of students involved in Northwestern project to prove the innocence of convicted felon

The Illinois state attorney’s office has requested the e-mails, grades, course syllabi, expense reports and notes and tapes belonging to students formerly involved in the Innocence Project and in trying to prove the innocence of a man convicted of murder in 1978. The state attorney is trying to trace a grade motive for evidence produced in [...]

San Francisco Chronicle forestalls financial slide

San Francisco Chronicle October 27, 2009 By David R. Baker Despite a sharp drop in circulation, the San Francisco Chronicle says it is turning a profit “some weeks” after losing more than $50 million last year. Advertising revenues are also down, but by cutting newsroom costs and relying more on subscription revenues, the Chronicle feels it [...]

Organization for digital rights establishes new website to attack internet censorship

The Electronic Frontier Foundation has established a website “Takedown Hall of Shame” to call attention to internet censorship through what they say are “bogus copyright claims or other legal threats.” -DB Electronic Frontier Foundaton Press Release October 27, 2009 SAN FRANCISCO – Websites like YouTube have ushered in a new era of creativity and free [...]

Judge removes barrier to New Jersey exit polling

Saying that he had never found evidence that exit polling created disorder at a polling place, a federal judge issued an injunction against New Jersey in its attempts to ban the polling with 100 feet of polling places. -DB Reporters Committee on Freedom of the Press October 26, 2009 By Rory Eastburg Judge blocks New [...]

Federal judge breaks seal on court records in Elizabeth Smart kidnapping case

Minneapolis St. Paul Star Tribune October 26, 2009 By Jennifer Dobner, Associated Press A federal judge ordered most court records in the Elizabeth Smart kidnapping case in Salt Lake City released for public scrutiny. The judge cited concerns about a fair trial in keeping some records sealed including competency reports on the kidnapper, Brian David [...]

Parents ask court to block two plays at Nevada high school

A group of parents in a Las Vegas suburb are asking a county court to block “Rent” and “The Laramie Project” from opening November 16. They claim the plays portray gay characters and are not suitable for high school students. -DB Courthouse News Service October 26, 2009 By Nick Divito LAS VEGAS (CN) – A [...]

ACLU challenges former San Francisco mayor Willie Brown on gag order

Willie Brown is seeking a gag order from a superior court judge for a client facing felony fraud charges. In filing an amicus brief against the order, lawyers for the American Civil Liberties Union of Northern California said the request shows a “shocking disregard” for the First Amendment. -DB Legal Pad CaL Law Blog October [...]

Politicians using social media encounter legal obstacles

As politicians begin using Twitter, etc. to campaign, gain support for legislation and fundraise, they sometimes find themselves up against state and federal law. A Citizen Media Law Project staff attorney says that it is important that the rules be amended regularly to take into account changes in the social media and to avoid stifling free expression. [...]

Federal judge orders Prop. 8 backers to cough up campaign strategy documents without delay

Backers of proposition 8 were hoping to delay turning over campaign records while appealing  a court order to surrender the documents. But a district federal judge ordered them to relinquish the documents so that Prop. 8 opponents could examine them for anti gay bias. -DB San Francisco Chronicle October 26, 2009 Bob Egelko SAN FRANCISCO — [...]

Free speech: Federal court rules against sheriff in erotic advertising case

Craigslist won a legal battle recently when a federal court dismissed a lawsuit against the company for posting ads for “erotic services” on its website. the court agreed that Craigslist was protected under Section 230 of the Communications Decency Act and ws not responsible of the content of third parties. -DB Electronic Frontier Foundation Legal [...]

Critics claim California water plan forged with inadequate public scrutiny and input

Frustration mounts over the crucial overhaul of California’s water system as the legislature worked for weeks behind closed doors to develop a plan that will be put up for vote before the public has time to examine and discuss it. -DB San Francisco Chronicle October 24, 2009 By Wyatt Buchanan SACRAMENTO – Leaders at the [...]

Obama’s open government pledge flags as health-care bill talks go behind door

Despite promises by presidential candidate Barack Obama to pass legislation in open negotiations, the Senate is working behind closed doors to merge two competing versions of health-care legislation into one bill. -DB The Washington Post October 18, 2009 By Perry Bacon Jr. Three months before he was elected president, Barack Obama vowed not only to reform [...]

Newspaper sues community college district for public records

The Contra Costa times is suing the Peralta Community College District under the California Public Records Act for records relating to a lucrative no-bid contract awarded to a developer, an associate of the district chancellor. The newspaper is also seeking records of employees punished for allegedly releasing information about the chancellor’s ties to the developer. [...]

Neighbors victorious in upholding state environmental and mining laws in Butte County

A citizen group is celebrating a recent court victory over Butte County and a mining company. They fought off a SLAPP suit and overturned a use permit granted to the New Era Mine for a gold mining operation in their neighborhood. The permit defied state environment and mining laws. -DB Chico News & Review Commentary [...]

Government orders decade-high number of secrecy orders for new patents

The U.S. government has ordered 5,081 invention secrecy orders so far this year, according to stats released by the U.S. Patent and Trademark Office under a Freedom of Information Act request by Secrecy News. -DB Secrecy News Federation of American Scientists October 22, 2009 By Steven Aftergood The total number of invention secrecy orders that [...]

FAC names free speech award winners–and one loser

The First Amendment Coalition, a California-based non-profit public interest group, has named the 2009 recipients of its awards for service in the cause of free speech, open government and the public’s right to know.  In contrast, the Coalition also has presented its “Darkness Award,” given in recognition of conduct that thwarts freedom of speech. The [...]

Not all transparency experts talk trash about Recovery.gov

Some online transparency scholars working outside of Washington, D.C. are encouraged by features of the official Web site of Recovery.gov that tracks stimulus spending saying that they are impressed with the site’s ease of use. The site made its first post of stimulus data on October 15. -DB NextGov October 21, 2009 By Aliya Sternstein Some [...]

To fight waste and fraud, tech experts call for real-time reporting on stimulus and bailout spending

Likening audits to delayed autopsies, a panel of technology specialists urged the government to make details of bailout money and stimulus spending available to the public without delay. They say so far real-time disclosure would have saved the taxpayers about $14 billion.  -DB NextGov October 20, 2009 By Gutham Nagesh The federal government can save [...]

State supreme court rejects ‘ownership’ argument in dismissing defamation claim against Facebook

The New York Supreme Court ruled for Facebook in a suit brought by a student against former high school classmates and their parents after the classmates  had posted on Facebook alleged false and defamatory statements about her. The court held that Facebook was protected under the Communications Decency Act, did not own the defamatory content [...]

ACLU letter to Gates: Don’t use discretionary power to withhold torture photos

The American Civil Liberties Union sent a letter to the Defense Secretary Robert Gates urging him not to use discretionary power in a bill expected to be signed this week to keep secret photos of abuse of detainees held by the U.S. -DB Reporters Committee for Freedom of the Press October 21, 2009 By Miranda [...]

Entertainment news editor protests LA sheriff’s search of his personal phone records

A Los Angeles editor of TMZ, an online entertainment news outlet, alleged that the Los Angeles Sheriff’s Office obtained a search warrant for his personal phone records because TMZ had reported that Mel Gibson resisted arrest in 2006, a detail that the editor said the sheriff’s department tried to cover up. -DB LA Observed October [...]

With news jobs vanishing, why are journalism schools still enrolling students?

BY PETER SCHEER—As I read about the latest contractions in the newsroom of the New York Times (100 reporters and editors) and the San Francisco Chronicle (investigative reporting staff–gone), the question occurs: Why are universities across the country continuing to churn out journalism graduates? Do they know something that the rest of us don’t? Do [...]

New report on saving print journalism recommends government subsidies

The New York Times THE MEDIA EQUATION October 19, 2009 By David Carr A Columbia University Graduate School of Journalism report made six recommendations for salvaging newsrooms, among them to require public broadcasting to devote more resources to covering local news. A more controversial idea is to get the government to fund local news with [...]

Federal government drops appeal of small business victory in Freedom of Information Act case

The Justice Department has dropped its appeal of a federal court decision to grant legal fees and requested information in a case brought by the American Small Business League. The League had used the Freedom of Information Act to request from the U.S. Small Business Administration the names and dollar amounts awarded to firms receiving [...]

San Jose: Case of tragic shooting of mentally ill man shows need for prompt disclosure of police records

A San Jose Mercury News editorial argues that if the police want to build trust between themselves and the community, with reasonable exceptions they need to provide timely public access to records. Disclosure lagged in the case of the police shooting of a mentally ill man with the result that after six months, controversy continues. The editorial [...]

Secret Service denies access to 2009 White House visitor records

After the Obama administration agreed to start releasing visitor logs starting December 31,  the watchdog group Judicial Watch was denied access to White House visitor logs from January 20 through September 15 of this year and does not understand why only these records merit protection. The Secret Service just says the records do not come [...]

London: Barrage from Twitter, Goggle, Wikipedia forces disclosure of analysis of toxic dump in Ivory Coast

The New York Times October 19, 2009 By Noam Cohen A British court issued an injunction prohibiting the publication of an analysis of toxic waste dumped in the Ivory Coast by a contractor hired by Trifigura, a shipping company. Trafigura claimed the analysis confidential communication meant for their lawyers. But as one media law expert [...]

San Francisco resident sues over failure of city to enforce sunshine law

A retired lawyer is suing the San Francisco Ethics Commission for not enforcing open government laws. He claims that since 2004, the sunshine ordinance task force forwarded to the commission 14 cases in which the public has been denied public records but in every case the commission dismissed the claim in favor of the city. [...]

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