Afghan war army officer defies chain of command in reporting ‘truth’ about war

After two years of deployment in Afghanistan, Lt. Col. Daniel L Davis concluded that the war was not going well and that the establishment was not telling the truth about the situation. He filed two reports with the Defense Department’s inspector general summarizing his observations and briefed members of Congress and  a New York Times [...]

First Amendment Center presents Romney’s views on First Amendment

Stances against campaign finance limits and the online piracy act are among Republican presidential candidate Mitt Romney’s  views on First Amendment issues detailed in a roundup for the First Amendment Center. -db From the First Amendment Center, February 1, 2012, by Josh Tatum with research by Courtney Holliday. Full story  

Free data visualization platform boon to journalists

Weave, a new open-source, web-based platform will allow journalists to see data visually in bringing stories to the public. Weave is not an app but provides software to “create infinitely interactive visualizations,” writes Andrew Phelps for the Nieman Journalism Lab. -db From a commentary for the Nieman Journalism Lab, January 31, 2012, by Andrew Phelps. [...]

Chicago Tribune censors Doonesbury again

The Chicago Tribune pulled the  DonorsChoose cartoon in the Doonesbury strip on the grounds that the cartoon promoted cartoonist Garry Trudeau’s self-interest in making an appeal for a particular charity contrary to Tribune policy. Trudeau disputed that the cartoon ws in his self interest since the appeal was for a charity that he was not [...]

FBI checking into Murdoch media enterprises for possible bribery

Finding no substantiation for charges that News Corp journalists hacked phones in the U.S., the FBI is now checking to see if they bribed foreign law enforcement officers in violation of the U.S. Foreign Corrupt Practices Act. News Corp declined to comment on the investigation. -db From Reuters, February 7, 2012, by Mark Hosenball and [...]

Federal judge upholds ban on ‘I (Heart) Boobies’ breast cancer awareness bracelets in middle school

A federal judge ruled against a Wisconsin middle school student who sued the Sauk Prairie School District on First Amendment grounds for banning the “I (Heart) Boobies” bracelet. The judge said the district could ban vulgar or offensive speech under the U.S. Supreme Court’s Bethel v. Fraser precedent. -db From the Student Press Law Center, [...]

Former General Electric employee claims he was fired for whistleblowing in Iraq

A former executive for General Electric in Iraq claims he was fired for warning about a possible violation of the Foreign Corrupt Practices Act while the company was striving for a huge contract with the Iraqi government. GE denies that the former employee was fired for his whistleblowing. -db From the Courthouse News Service, February [...]

First Amendment defenders line up against Stolen Valor Act

A number of free speech defenders have filed briefs to the U.S. Supreme Court contesting the constitutionality of the Stolen Valor Act. The briefs were filed in support of a Pomona, California water district board member who lied about receiving the Medal of Honor and 25 years of service in the Marines. -db From the [...]

California Attorney General clairifies real estate negotiations exception to open meeting law

The State Attorney General narrowed the scope of the real estate negotiation exception to the Brown Act, the open meeting law. The interpretation places higher value on the public’s right to know over local government’s interest in protecting bargaining power in real estate negotiations. -db From Best Best & Krieger Attorneys at Law, February 3, [...]

California: Petaluma City Council struggling with policy over iPad use

Debate over the use of iPads by city council members during meetings continues in Petaluma with no consensus as yet. Some say that it is invaluable in allowing members to gain access to documents, research information and eliminate volumes of paper. Others say that the public may think that the iPads are being used to [...]

Free speech: Federal judge gives ‘Sister Wives’ family okay to contest Utah’s anti-bigamy law

A federal judge ruled that the “Sister Wives family could proceed with their lawsuit challenging Utah’s anti-polygamy law. Because Utah’s Attorney General said the family would be prosecuted under the state’s bigamy law, the judge said there was a “chilling effect” on the family’s First Amendment rights. -db From The Hollywood Reporter, February 4, 2012, [...]

Study on frequency of jurors using social media disputed

A recent study concluded that use of social media by jurors is infrequent with the implication that the practice is not a growing problem, but Eric P. Robinson, writing for the Citizen Media Law Center, says that the study takes a far too optimistic stance on the issue. Given the rampant use of the social [...]

Bill backed by media workers would open California state prisons to journalists

A media access bill allowing journalists into California state prisons stands a chance to become law. Eight previous versions of the law were vetoed by three governors. The bill would not only allow journalists to talk with inmates but also prohibit officials from punishing inmates for doing so. -db From the Fog City Journal, February [...]

ESPN poker commentator slammed for tweeting during trial

A Los Angeles County Superior Court Judge torched Norman Chad, an ESPN poker commentator for tweeting during trial. The judge said Chad made a mockery of the justice system when he tweeted, “I was selected for the jury. I asked the judge if we could go straight to jury deliberations but was denied, plus gagged [...]

Group opposing SOPA now loading up to fight data retention bill

A progressive group is opposing Rep. Lamar Smith’s bill Protecting children from Internet Pornographers Act that would make Internet service providers to keep user information on file to help track pedophiles and child pornographers. Demand Progress claims the bill attacks privacy and civil liberties. -db From the National Journal, February 2,2012, by Josh Smith. Full [...]

Oregon company argues that blogger who allegedly defamed it does not deserve new trial

Obsidian Finance Group who won a round in court against a blogger for defamation says the blogger does not deserve a new trial. A court awarded Obsidian$2.5 million in damages for one post. The blogger is seeking to appeal the award with the Electric Frontier Foundation filing an amicus brief arguing the judgment was a [...]

Free speech challenge to school ban on religious messages can proceed

A federal judge gave the go-ahead to a lawsuit brought by three families claiming a school district violated the free speech rights of their children seeking to hand out candy cane pens stamped with religious messages. -db From the Courthouse News Service, February 6, 2012, by Bonnie Barron. Full story  

Media but not public admitted to Los Angeles juvenile court proceedings

The presiding judge for the L.A. County Juvenile Court ordered the courts open to the media but not the public. The court had previously barred the media and public from cases of child abuse, foster care and adoption. The parties involved in a case can still make a compelling case to close doors. From The [...]

Federal court orders release of documents in lawsuit over 2007 Sacramento forest fire

In a case pitting a forest products company against the California Department of Agriculture, the Sacramento Bee sought discovery material filed with the court. A federal district judge ruled that once the materials became judicial records attached to a motion for summary judgment, the public and press should be granted access. -db From The Reporters [...]

Super Pac Funds afforded inadequate sunshine

Secrecy surrounds many of the donations to political groups seeking to influence the presidential race prompting concerns that the public might not ever know the origins  of vast sums of money. Donations from corporations and unions have ballooned since the Supreme Court’s United decision in 2010. -db From The New York Times, February 2, 2012, [...]

Military retaliates against whistleblowers at mortuary for war dead

Officials at a mortuary at Dover Air Force Base, the entry for U.S. war dead, punished four employees for voicing concerns about the  mishandling of service members’ remains. The Office of Special Counsel investigated the incident and is giving the Air Force 30 days to punish officials for retaliating against the whistleblowers. -db From The [...]

U.S. senator begins investigation into treatment of FDA whistleblowers

After six current or former Food and Drug Administration employees complained that their e-mails were being monitored, Senator Charles E. Grassley (R-Iowa) ordered an investigation into the FDA’s monitoring program aimed at doctors and scientists alarmed that unsafe medical devices were approved. Grassley said, “I write to express my concerns over your agency’s treatment of [...]

Chicago police head says videotaping officers during Occupy protests beneficial for police

Chicago Police Superintendent Garry McCarthy said that when civilians videotape officers at protests, that can be helpful particularly when the tapes show police politely warning protesters. Brutality suits against police do not succeed with that type of evidence at hand. Illinois has a law on the books against recording conversations between police and civilians. -db [...]

ACLU challenges federal government on records of drone attacks killing U.S. citizens in Yemen

The American Civil Liberties Union is suing the Obama administration to force them to release records related to the deaths by drone attacks of three U.S. citizens in Yemen. The administration cited national security in denying the request for the documents under the Freedom of Information Act, but the ACLU said the drone program should [...]

Federal appeals court rejects requests to release Prop 8 trial videos

In a narrowly tailored decision, the 9th U.S. Circuit Court of Appeals ruled that the public, media and same-sex marriage proponents could not gain access to the videotapes of the trial over Proposition 8. The court said that the trial judge had assured Prop 8 backers that the trial videotape would not be made public, [...]

With reporting costs escalating, will media cut coverage of Newt Gingrich?

With travel costs eating up the budgets of the big media companies, they will look to save money by ending man-to-man coverage of also rans including Newt Gingrich, predicts John Ellis of BuzzFeed.-db From a commentary in BuzzFeed, January  31, 2012, by John Ellis. Full story  

California: Hanford City Council may be correct in withholding packet of allegations

The Hanford City Council has so far not released an anonymous packet of documents to the public and may never. The documents make allegations against city leaders which the council discussed in closed meetings. Jim Ewert, legal counsel for the California Newspaper Publisher Association, said the council may be on safe ground in denying public [...]

Student Press Law Center protests banning of Arizona school books

Together with other free speech groups, the Student Press Law Center is opposing the removal of ethnic history books from the Tucson, Arizona schools. The school district banned the books under a state law that prohibits courses of study that are “designed primarily for pupils of a particular ethnic group.” “The Supreme Court has told [...]

EFF wants protection for anonymous in porn-downloading suit

The Electronic Frontier Foundation is petitioning a federal judge to protect the anonymity of individuals involved in a copyright lawsuit over porn downloading. An adult film company wants to determine the identities of 1495 Internet users. The judge ordered the individuals suing to protect their anonymity to reveal their identities before the suit could proceed. [...]

Reporters group disappointed in federal appeals court decision over access to Virginia state records

The Reporters Committee  for Freedom of the Press did not like a federal appeals decision upholding a law restricting access to Virginia state records by non-residents. The court ruled that the restriction was not unconstitutional. The Reporters Committee felt the court should have considered the effect of the restriction on smaller journalistic enterprises. -db From [...]

Federal court rules non-residents can be denied Virginia state records

The 4th U.S. Circuit Court of Appeals ruled that non-residents have no right to Virginia public records under the state’s freedom of information law. Non-residents were challenging the law claiming it was unconstitutional. The two non-residents who sued the state were seeking child support documents and real estate tax assessment records. -db From The Reporters [...]

Federal judge rules FBI cannot withhold information about informant from Civil Rights era

A federal district judge ruled that the FBI could not use a Freedom of Information Act exclusion in denying access to records about a civil rights era photographer who was an informant for the agency. The judge said the FBI confirmed the relationship with their response to the FOIA request so could not then withhold [...]

Federal judge allows smut lords to pursue identities of users downloading illegally

A federal judge says Digital Sin can pressure Internet service providers for names of people illegally downloading “My Little Panties #2.” The company has obtained 176  IPA addresses and now will ask the Internet service providers for the names of those affiliated with the addresses. The judge is requiring that any names uncovered be sent [...]

Government watchdog alleges FBI stonewalling on WikiLeaks surveillance

The Electronic Privacy Information Center (EPIC) has sued the Justice Department and the FBI claiming that they refuse to release information on the FBI’s surveillance of citizens who have shown support for or interest in WikiLeaks. EPIC made the Freedom of Information Act complaint in federal court. -db From the Courthouse News Service, January 31, [...]

Gay police officer loses right to make First Amendment case after he was hounded out of the department

A gay police officer who alleged that St. Cloud Police Department refused to allow him his First Amendment rights to work in the Twin Cities Pride Festival even if he used his vacation time lost a bid in federal court on the First Amendment claim. The court did say there was sufficient evidence to pursue [...]

Journalists snared in arrest net at Occupy Oakland protests

Six journalists were arrested at an Occupy Oakland protest at Oakland City Hall where protesters broke in and vandalized the walls. That brings the total of journalists arrested during the protests to 52. The reporters included those from KGO, an ABC affiliate, Mother Jones and the San Francisco Chronicle. As of now, it is not [...]

Federal agencies making scant progress in declassifying backlog

Two years after President Barack Obama ordered government agencies to come up to speed on declassifying 400 million pages of old records, there has been little progress. The failure to make more progress is a sign that the secrecy system considers itself immune from presidential orders, writes Steven Aftergood of Secrecy News. -db From a [...]

Illinois case greater threat to bloggers seeking protection of shield laws

The Oregon case denying a blogger protection under the state;’s shield is of minor concern writes Eric P. Robinson for the Citizen Media Law Project. A greater threat lies in a recent decision in Illinois. In that case the Cook County court ruled that an online news source that posted blogs on technology did not [...]

Republican presidential candidate Ron Paul loses bid for identities of those posting online spoof

A federal judge ruled that Republican presidential contender Ron Paul could not force YouTube and Twitter to provide the identities of whoever uploaded videos with a spoof of Ron Paul bashing former candidate Jon Huntsman for being a Chinese agent. It is unusual for a candidate to sue in these matters given the courts’ tolerance [...]

LA Times editorial criticizes supervisors for excessive closed door meetings

An editorial in the Los Angeles Times says the board of supervisors for Los Angeles County “displays its contempt for the public” by closing the door before discussing such vital issues as the shift of convicts from state facilities to the county. The Times argues that the mere wish to speak frankly does not allow [...]

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