Wikileaks criticized for ‘clumsy disclosure’

Steven Aftergood of Secrecy News argues that WikiLeaks disclosure of the Afghan War Diary has had the unfortunate consequence of increasing public support for the present system of document classification. -db Secrecy News Commentary August 16, 2010 By Steven Aftergood Unauthorized disclosures of classified information (“leaks”) often play an important role in the proper functioning [...]

Kagan renews call for cameras in Supreme Court

Cnet News says the time has come for the Supreme Court to join the 21st Century and allow live streaming video of oral arguments. -db Cnet News Commentary June 30, 2010 By Declan McCullagh The idea of opening up U.S. Supreme Court oral arguments to cameras received a welcome endorsement this week from Elena Kagan, [...]

Judge rules out TV for closing arguments in Prop. 8 hearing

Federal Judge Vaughn Walker denied a media request to televise arguments in the California same-sex marriage trial without providing reasons for his decision. -db San Francisco Chronicle June 10, 2010 By Bob Egelko SAN FRANCISCO — The only members of the public who will get to watch next week’s closing arguments in the trial over [...]

Prop. 8 supporters oppose cameras in court for final arguments

A lawyer for the Prop. 8 campaign committee sent a letter to the federal judge hearing the lawsuit challenging the proposition arguing that a broadcast of the closing arguments set for June 16 would have negative effects on the judge including making him avoid unpopular decisions. -db San Francisco Chronicle May 25, 2010 By Bob [...]

Pentagon bans reporters from covering Guantanamo hearings

The Pentagon banned four reports from covering military commissions at Guantanamo on the grounds that they violated prohibitions on publishing the name of a former Army interrogator who was a witness at a hearing. -db McClatchy Newspapers May 6, 2010 By Nancy A. Youssef WASHINGTON, D.C. — The Pentagon Thursday banned four reporters, including one [...]

AP, Bloomberg, CNET, Wired.com, LA Times, CNPA join FAC motion in lost-iPhone case

FAC–The First Amendment Coalition and major news media have requested the California Court presiding over the Gizmodo/missing iPhone matter to unseal judicial records relating to the warrant issued for the search of an online journalist’s home and the seizure of his computer, hard drives and other digital files. The motion to unseal the warrant affidavit [...]

Senate committee passes measures to boost judicial transparency

The Senate Judiciary Committee passed a number of measures improving transparency in courtrooms including televising U.S. Supreme Court hearings. -db The Blog of Legal Times April 29, 2010 By Mike Scarcella The Senate Judiciary Committee passed several measures today addressing greater transparency in the judicial system—including televising U.S. Supreme Court hearings. One of the bills, [...]

Federal judge releases documents used in Blagojevich indictment

A federal judge ruled that releasing documents used to develop charges against former Illinois Governor Rod Blagojevich would not adversely compromise the jury pool for Blagojevich’s trial. -db The Reporters Committee for Freedom of the Press April 14, 2010 By Mara Zimmerman An Illinois federal judge has given three news organizations immediate access to a [...]

Federal courts improve public access to court records

The federal courts will increase the number of documents the public can obtain free through the PACER system in a significant victory for open government advocates. Some fees for high volume users were retained. -db The Blog of Legal Times March 16, 2010 By Tony Mauro At its closed-door meeting at the Supreme Court today, [...]

Federal courts rule out broadcast of closing arguments in California same-sex marriage trial

A federal court will not include California’s same-sex marriage trial in its pilot program to broadcast civil proceedings contrary to recent media reports. -db The Reporters Committee for Freedom of the Press March 9, 2010 By Curry Andrews A federal court in San Francisco announced on Friday that it is not planning to broadcast closing [...]

Prop. 8 trial could still find the airwaves

San Francisco Bay Area federal judges are again floating a plan to allow cameras in federal courtrooms just weeks after the U.S. Supreme Court, in a rare intervention, rejected a similar plan. If approved this time, it is possible that the final arguments in the Prop. 8 could be telecast. -db The San Francisco Chronicle [...]

Drug cartel chief gets 25 years in secret proceeding

A federal district judge sentenced one of the most feared drug lords to 25 years in prison in a proceeding closed to the public, a rare occurrence for a sentencing phase. The judge offered no explanation for the secrecy. -db Houston Chronicle February 24, 2010 By Dane Schiller and Jacquee Petchel Behind armed guards and [...]

Counselor sues Yuba college district over closed door session concerning salary hike

A counselor at the Yuba Community College District is suing the district for rescinding her salary raise in closed session. The superior court judge has allowed Yuba college officials to testify in a closed court session. db Appeal-Democrat February 18, 2010 By Ryan McCarthy Three Yuba Community College District trustees are among witnesses an employee [...]

Report says press freedom eroding with shift to online media

A report in CQ Researcher says that with no way established to charge for online news content, there is less money to spend accessing courts, public records and public meetings. -db The Reporters Committee for Freedom of the Press February 9, 2010 By Cristina Abello As newspaper circulations drop and nightly news broadcasts garner fewer [...]

Supreme Court decision on access to jury selection already derails one federal trial

One day after the Supreme court ruled that the public must be allowed into court during jury selection, a federal judge in Dallas declared a mistrial in a case because the jury was selected in a closed session. -DB Politico January 20, 2010 By Josh Gerstein The Supreme Court gets results. Just yesterday morning, the [...]

High court rules for open criminal trials

The U.S. Supreme Court found that under the First Amendment, the public has the right of access to jury selection under the First and Sixth Amendments. The ruling came in a case in which a trial judge had excluded a criminal defendant’s uncle from viewing jury selection to keep the prospective jurors from mingling with [...]

Judge grants limited press access to jury selection in key Kansas murder trial

The Associated Press and other media outlets gained a partial victory in contesting a judge’s decision to close jury selection for the trial of a man who allegedly murdered a late-term abortion provider in Kansas. The Kansas Supreme Court asked the judge to reconsider his decision and in a subsequent ruling granted courtroom access only after the [...]

Supreme Court scuttles plan for televising Prop 8 trial

In another 5-4 decision, the U.S. Supreme Court ruled that given the notoriety of the same-sex marriage trial and that the public had insufficient time to comment on the decision to televise the trial, there would be no live telecasts or delayed broadcasts on YouTube. The Court did not rule on whether any federal trial [...]

Supreme Court delays broadcast of California same-sex marriage trial

The federal trial on California’s same-sex marriage ban will open Monday without cameras so that the U.S. Supreme Court has enough time to consider whether to allow the taping of the trial. The court’s order will be in effect until Wednesday, January 13. -DB First Amendment Center January 11, 2010 By Mark Sherman WASHINGTON, D.C. — [...]

Federal judge for same-sex marriage trial approves taping but limits live broadcast

Chief Judge Vaugh Walker ruled that court personnel can tape the proceedings of the federal challenge to Prop 8, California’s ban on same-sex marriage, but maintained control by not allowing live broadcast except to federal courthouses in cities in other states. -DB The Recorder January 7, 2010 By Dan Levine SAN FRANCISCO — Chief Judge [...]

Center to help citizens obtain documents from governmental agencies

The new Center for Open Government at Chicago-Kent College of Law will provide legal help to those seeking documents from local and state governments. -DB Galesburg Radio December 27, 2009 A new academic institute will help citizens pry information from reticent governments. The new Center for Open Government at Chicago-Kent College of Law will represent [...]

Prop. 8 proponents object to TV for hearing in federal court

Sponsors of Prop. 8 the ballot measure that banned same-sex in California say that television coverage of the court trial in San Francisco in January would result in harassment and intimidation of witnesses and other participants. -DB San Francisco Chronicle December 30, 2009 By Bob Egelko SAN FRANCISCO — Sponsors of California’s ban on same-sex marriage, [...]

Virginia newspaper uses laptop and cell phone to report trial of neo-Nazi

A federal  judge allowed the Roanoke Times to use electronic devices to file reports from a trial of a neo-Nazi accused of harassing a reporter. Federal courts still generally prohibit photos, broadcasting and most electronic devices. -DB Full story: The Roanoke Times December 23, 2009 By Jordan Fifer

Justice Department wants to close trial of Blackwater guards

Citing national security issues, the Justice Department has asked a judge to close the Jan. 7 trial of five security guards who allegedly killed more than a dozen Iraqi civilians. -DB Reporters Committee for Freedom of the Press December 21, 2009 By Rory Eastburg The Justice Department has asked a judge to close a Jan. 7 [...]

Federal court approves television cameras in time for Prop 8 hearing

The Judicial Council of the Ninth Circuit approved television cameras for certain district court hearings, civil proceedings with no juries. Before now the court had only allowed cameras to televise appellate arguments. -DB Cal Law December 18, 2009 By Dan Levine SAN FRANCISCO — The Judicial Council of the Ninth Circuit authorized television cameras in certain [...]

No cameras…yet for Prop 8 court challenge

The Northern District chief judge said there would be no TV cameras allowed into court for the federal challenge to Prop 8, but that under a Ninth Circuit governing council is considering a pilot program to allow them. -DB Legal Pad A Cal Law Blog December 16, 2009 By Dan Levine As of today, cameras [...]

New rule allows public access to administrative records of California courts

The California Judicial Council approved a new Rule of Court this week giving the public a right of access to administrative records of Superior and Appellate courts and the Administrative Office of the Courts. The rule will be in effect January of next year and is modeled after the California Public Records Act. -DB Legislative [...]

Government lawyer argues torture suit too sensitive for public court

Citing national security and state secrets, a Justice Department lawyer argued that the suit involving the CIA and a San Jose company over extraordinary rendition and torture of suspected terrorists cannot proceed in open court. -DB San Francisco Chronicle December 16, 2009 By Bob Egelko SAN FRANCISCO — A lawsuit accusing a Bay Area flight-planning [...]

Media project publishes guide to live-blogging in courts

The Citizen Media Law Project has published a guide to live coverage in courts using the social media. Since not all judges allow electronic devices and local laws sometimes prohibit the devices, it is important to know how to avoid legal problems in live-blogging or tweeting in the courtroom.-DB Citizen Media Law Project December 10, [...]

Judge rules no TV for transit police murder trial

To put the lid on excessive publicity, Los Angeles Judge Robert Perry ruled that there would be no TV for the trial of Johannes Mehserle for shooting an unarmed rider January 1 in Oakland, California. -DB San Francisco Chronicle November 3, 2009 By Demian Bulwa LOS ANGELES — Hours after being assigned to preside over the [...]

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 [...]

Supreme Court chooses Enron case to review impact of publicity on fairness in criminal trials

The Supreme Court granted review of the case of former Enron CEO Jeffrey Skilling convicted in a high profile trial for his role in Enron’s collapse. Skilling claimed that the publicity surrounding the trial created prejudice in the jury and that the federal law criminalizing “honest services” fraud was ”unconstitutionally vague.” -DB First Amendment Center Analysis October [...]

Federal judge closes hearings to public in trial of Blackwater security guards charged with manslaughter in Iraq

A U.S. district judge closed the Blackwater manslaughter pretrial hearings to the public, he said, to enable a fair trial by shielding witnesses and potential jurors from a flurry of media reports. -DB The Washington Post October 15, 2009 By Del Quentin Wilber A federal judge blocked the public Wednesday from attending a critical set [...]

First Amendment advocates criticize draft of new rules granting access to judicial records

Senate Bill X4 13 required that the California Administrative Office of the Courts (AOC) adopt new policies to provide public access to nonadjudicative court records, budget and management information. A 19-page draft has now been released for public comment from the present until October 29. So far First Amendment defenders say there should be no [...]

Illinois: Chief federal judge issues opinion against opening court to cameras

Federal District Judge Joe Billy McCade felt it important to open his court to cameras for a hearing in a Champaign, Illinois school racial discrimination suit to ensure wide access. The chief judge issued an opinion critical of the action that prompted McCade to reverse himself. The opinion cited federal law and judicial rule in [...]

Federal judge allows live coverage of race discrimination trial

Citing the importance of allowing the public to get maximum information about a case alleging racial discrimination in Champaign, Illinois, a federal district judge has allowed television, still camera, and audio coverage in the courtroom. -DB Citizen Media Law Project September 30, 2009 By Eric P. Robinson Watch The News-Gazette’s video of the recent hearing [...]

Obama’s new policy on state secrets disappoints EFF attorney

An attorney at the Electronic Frontier Foundation argues that the Obama administration did not go far enough in reforming the use of the state secrets privilege. The changes will run a decision through executive layers but still allow the government to invoke the privilege to block a court case without judicial oversight. -DB Electronic Frontier Foundation [...]

Federal judge orders disclosure of data breach in bank Gmail

The Rocky Mountain Bank from Wyoming failed to convince a judge to close the courtroom to hear their case against a Gmail user who inadvertently received confidential bank information, according to a September 21 report by Thomas Claburn in Information Week. -DB

First Amendment Coalition joins forces to write stiffer rule for access to court records

The First Amendment Coalition along with the California Newspaper Publishers Association and Californians Aware have submitted written comments on a draft of a Rule of Court to grant the public access to administrative court records. -DB CNPA Legislative Bulletin September 16, 2009 CNPA, the First Amendment Coalition and Californians Aware all lodged informal written comments [...]

Federal court orders Guantanamo hearing closed to public

The U.S. Court of Appeals decided they don’t want the public to hear the oral arguments in a Guantanamo detainee case crucial to determining if habeus corpus applies to those held in detention as “enemy combatants.” -DB The Blog of Legal Times September 15, 2009 By Mike Scarcella Everybody out: a three-judge panel of the U.S. [...]

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