Pittsburgh: Federal court orders release of court records in hospital suit
January 5, 2012 by donal brown
Filed under 1st Amendment News, Access to Records, News & Opinion, News Gathering
A federal district judge ordered the release of court records relating to a lawsuit brought by a hospital system alleging that another hospital group had conspired against them. The hospital system refused to release details of an agreement settling the case claiming that the information was confidential, containing vital business information about future plans. -db [...]
Pennsylvania: Judge issues stringent rules for media in advance of Sandusky hearing
December 8, 2011 by donal brown
Filed under 1st Amendment News, News & Opinion, News Gathering
A local newspaper said the courtroom rules for the ex-Penn State coach Jerry Sandusky’s hearing over his alleged rape and sexual abuse of children “may stun the national media.” The rules cover five pages. “It’s not California,” noted the Centre Daily Times. -db From a commentary in the Centre Daily Times, December 7, 2011. Full [...]
California: Restrictions on First Amendment debated in two Sacramento cases
December 6, 2011 by donal brown
Filed under 1st Amendment News, Freedom of Speech / Press, News & Opinion, News Gathering
A Sacramento lawyer found herself in court the same day arguing two sides of the First Amendment in two separate trials, in one to keep the press and public out of pretrail hearings in a sensational murder trial and the other to defend Occupy Sacramento protesters on free speech grounds. In both trials she was [...]
San Francisco federal appeals court to allow broadcast of same-sex marriage hearing
December 5, 2011 by donal brown
Filed under 1st Amendment News, News & Opinion, News Gathering
When the lawyers argue before the 9th U.S. Circuit Court of Appeals on the appeal of the striking down of Prop 8, the referendum prohibiting same-sex marriage, the proceedings will be videotaped and then televised. A federal district court had ruled Prop 8 unconstitutional for violating equal protection and due process rights. -db From the [...]
California: Federal court bows out of free press case involving access to Ventura court documents
December 5, 2011 by donal brown
Filed under 1st Amendment News, Access to Records, Freedom of Speech / Press, News & Opinion, News Gathering
The Courthouse News Service lost a round in court when a federal judge refused to hear a case over a court clerk’s delay in providing access to new civil actions. Courthouse News contended that the delays violated their free press rights in that by the time they received access, the cases were old news. The [...]
Tennessee judge opens Russian adoption case
November 29, 2011 by donal brown
Filed under 1st Amendment News, Access to Records, News & Opinion, News Gathering
The Tennessee judge presiding over the lawsuit over the return of an adopted 9-year-old boy to Russia ruled that the court documents be unsealed. A court memo indicated that there were no facts presented to justify sealing the case and that the 9-year-old was living in Russia far from the harsh light of publicity about [...]
Top judge in Los Angeles juvenile court orders open court for child decency hearings
November 11, 2011 by donal brown
Filed under 1st Amendment News, Access to Meetings, News & Opinion, News Gathering
The presiding judge of the Los Angeles Juvenile Court plans to open court hearings to the public by the end of the month in an attempt to bolster public confidence by improving accountability and transparency. The court deals with child abuse and neglect and foster care placement. Many social workers oppose the plan out of [...]
Federal appeals court keeps Prop. 8 trial videos on ice
October 25, 2011 by donal brown
Filed under 1st Amendment News, News & Opinion, Uncategorized
The Ninth U.S. Circuit Court of Appeals has delayed its decision on whether to release video recordings of the January 2010 Prop. 8 trial on the constitutionality of banning same-sex marriage. The court is still deciding if the public’s right to know outweighs potential danger to witnesses in favor of Prop. 8, passed by the [...]
Company asks for anonymity in suing over online safety complaints
October 20, 2011 by donal brown
Filed under 1st Amendment News, News & Opinion, Uncategorized
A manufacturer upset about an online database of safety complaints has asked the court to allow it to remain anonymous in its suit against a government agency. The manufacturer claims that if it were named, it would jeopardize the interests it strives to protect by bringing suit. As of this week, there is no record [...]
Federal experiment proceeding with video cameras in courtrooms
October 18, 2011 by donal brown
Filed under 1st Amendment News, News & Opinion, News Gathering
A movement to improve the transparency and openness of federal courts is gaining momentum with video cameras recording at least six civil trials courts authorized under the experiment. There is also evidence of progress in several states in preparations for recording court proceedings. -db From a commentary for the Citizen Media Law Project, October 17, [...]
Hold on releasing Prop. 8 trial videos
September 29, 2011 by donal brown
Filed under 1st Amendment News, Access to Records, News & Opinion, Sunshine Ordinances
The videos of Prop. 8 lawsuit videos will not be released while federal appeals court considers whether the videos would endanger witnesses and compromise the credibility and integrity of the federal judiciary. The 9th Circuit Court of Appeals issued a temporary hold on the videos after Chief U.S.District Judge James Ware ruled on Sept. 19 [...]
California law orders jurors to cool it on social media
September 6, 2011 by donal brown
Filed under 1st Amendment News, Freedom of Speech / Press, News & Opinion
A new California law scheduled to go into effect January 1, 2012 prohibits jurors from using texting, social media or the Internet to research or to distribute information about cases in trial. There have been numerous instances of juror misconduct that made the law necessary. Then Governor Arnold Schwarzenegger vetoed a similar bill last year. [...]
Federal appeals court rules for journalist in gaining early decision on gag order
August 16, 2011 by donal brown
Filed under 1st Amendment News, Freedom of Speech / Press, News & Opinion, News Gathering
A federal appeals court in New Orleans ruled a Texas journalist could expedite his appeal of a gag order in a trial of a citizen of Saudi Arabia who allegedly attempted to use of weapon of mass destruction in the U.S. The court refused to suspend the gag order but ordered that a decision in [...]
Federal court experiment premiers with video of Tennessee hearing
August 1, 2011 by donal brown
Filed under 1st Amendment News, News & Opinion, News Gathering
The federal courts’ test of cameras in the courtroom began July 21 in a hearing for a preliminary injunction in Tennessee. The test program, approved by the U.S. Judicial Conference last year, allows court-operated cameras to film civil proceedings in 14 federal trial courts. The July 21 proceedings were posted online after the hearing. Writing [...]
Baptist deacon loses bid to go by pseudonym in trial over abusing teen-agers
July 28, 2011 by donal brown
Filed under 1st Amendment News, News & Opinion, Uncategorized
A U.S. magistrate judge ruled that a ex-Baptist deacon accused of sexually abusing one of his female parishioners could not go by a psuedonym during his trial. The judge said the deacon’s desire to avoid embarrassing revelations did not outweigh the public’s right to know, “”Allegations of sexual assault of a minor is [sic] of [...]
Federal appeals court affirms access to sentencing of criminals
May 19, 2011 by donal brown
Filed under 1st Amendment News, Access to Meetings, Freedom of Speech / Press, News & Opinion, News Gathering
The 5th Circuit Court of Appeals in New Orleans ruled that the press and public have a First Amendment right to attend the sentencing of a criminal defendant. The court also said that there must be public notice and a chance for the public to comment before the sentencing. The court noted that there was [...]
Riverside court branch errs in posting notice of court closure
May 16, 2011 by donal brown
Filed under 1st Amendment News, News & Opinion, Uncategorized
Court administrators hastened to say that trials at the Riverside Superior Court’s branch in Corona were open to the public after someone posted a sign to the contrary. An employee had apparently misinterpreted instructions about curtailed services to include access to criminal trials. Two Supreme Court decisions affirm access to courts except in cases in [...]
Access to records: Court reporters’ ownership of transcripts challenged
April 26, 2011 by donal brown
Filed under 1st Amendment News, Access to Records, News & Opinion
The California Legislative Analyst’s Office is recommending phasing out court reporters in favor of electronic transcription. The Office thinks it will save the state $113 million a year but studies have raised doubts that any savings would occur. Some open government advocates are also challenging the status quo by questioning the benefits of allowing court [...]
Federal judge in Florida blocks bid for gag order in civil rights case
April 5, 2011 by donal brown
Filed under 1st Amendment News, Freedom of Speech / Press, News & Opinion, News Gathering
Attorneys for the Southern Poverty Law Center are allowed to discuss a civil rights case involving treatment of plaintiffs in a private Juvenile Detention Center. A federal judge found that a fair trial would not be compromised by statements from plaintiffs or their attorneys. The judge noted that while “Defendants are dismayed by the extrajudicial [...]
Federal court administration justifies banning smart phones from courts
April 4, 2011 by donal brown
Filed under 1st Amendment News, News & Opinion, News Gathering
Smartphones could be used to provide instantaneous online updates of court proceedings but the federal court administration sees dangers in allowing smartphones in court buildings. The Administrative Office of the Courts want to ban smartphones not just because they could conceal non-metallic bombs but also for the potential harm to court proceedings through secret recording. [...]
‘Girls Gone Wild’ suit allowed to proceed anonymously
February 3, 2011 by donal brown
Filed under 1st Amendment News, Freedom of Speech / Press, News & Opinion
The federal appeals court in Atlanta ruled that plaintiffs could remain anonymous in suing video creator Joe Francis for filming them while they were underage engaging in nudity and sexual acts. -db The Reporters Committee for Freedom of the Press February 2, 2011 By Derek Green Several women suing the creator of the “Girls Gone [...]
California court considering gag order in shopping mall arson
December 16, 2010 by donal brown
Filed under 1st Amendment News, Access to Records, Freedom of Speech / Press, News & Opinion, News Gathering, Sunshine Ordinances
The district attorney in Roseville is asking a court for a gag order in an arson case. They claim the order is needed to ensure a fair trial whereas those against the order say it would prevent information from surfacing that would clear up misperceptions about the case. -db The Reporters Committee for Freedom of [...]
Ninth Circuit allows live broadcast of hearing on California ban on same-sex marriage
November 18, 2010 by donal brown
Filed under 1st Amendment News, Access to Meetings, News & Opinion, News Gathering
The Ninth Circuit is allowing live broadcasting by C-SPAN and KGO, an ABC affiliate, of the December 6 oral arguments on California’s Proposition 8 banning same-sex marriage. -db SCOTUSBlog November 17, 2010 By Lyle Denniston The Ninth Circuit has agreed to allow live and delayed TV broadcasting of the Dec. 6 oral argument in the [...]
Newspaper industry pushing for greater access and openness to California’s courts
November 2, 2010 by donal brown
Filed under 1st Amendment News, Access to Records, News & Opinion, News Gathering, Sunshine Ordinances
The California Newspaper Publishers Association has joined with the Los Angeles Times, the New York Times Co. and the Association Press to endorse reforms favorable to the media in a draft from the state Bench-Bar-Media Committee. -db California Newspaper Publishers Association November 1, 2010 The newspaper industry has filed comments with the Judicial Council on [...]
Supreme Court allows partial access to court filings of case involving pain medication
October 19, 2010 by donal brown
Filed under 1st Amendment News, News & Opinion, News Gathering
The U.S. Supreme Court ruled that the public could review the court proceedings and issues involved in a Kansas suit over alleged unlawful prescription of pain relief medication. -db The Reporters Committee for Freedom of the Press October 18, 2010 By Derek Green The United States Supreme Court today denied the Reporters Committee for Freedom [...]
Chief judge of federal appeals court argues for allowing TV cameras in courtrooms
October 9, 2010 by donal brown
Filed under 1st Amendment News, News & Opinion, News Gathering
Chief Judge Alex Kozinski of the Ninth U.S. Circuit Court of Appeals wrote in the Fordham University law review that it is time to allow television cameras in courtrooms to give the public a full view of the proceedings and increase public respect for the justice system. -db San Francisco Chronicle October 8, 2010 By [...]
U.S. Supreme Court: Justice Alito cites ‘observer effect’ in opposing cameras in court
October 4, 2010 by donal brown
Filed under 1st Amendment News, News & Opinion, Uncategorized
Supreme Court Justice Samuel A. Alito Jr. said in a Des Moines, Iowa speech that he opposed televising court action because lawyers would play to the cameras. -db ABA Journal October 1, 2010 By Debra Cassens Weiss Justice Samuel A. Alito Jr. opposes televised Supreme Court arguments, and he explained why on Thursday: Lawyers would [...]
Military judge refuses request to close hearing in Fort Hood shooting
September 20, 2010 by donal brown
Filed under 1st Amendment News, Freedom of Speech / Press, News & Opinion, News Gathering
A military judge who will preside over the hearing on the Fort Hood, Texas shootings denied a request to close the hearing to the public saying the victims and the families have the right to hear testimony. -db The Reporters Committee for Freedom of the Press September 17, 2010 By Rosemary Lane A military officer [...]
Supreme Court Justice Scalia favors cameras in court
September 18, 2010 by donal brown
Filed under 1st Amendment News, News & Opinion, Uncategorized
Despite his vote against allowing closed circuit broadcast of the same-sex marriage trial in San Francisco in January, Supreme Court Justice Antonin Scalia says he favors cameras in courts. -db San Francisco Chronicle September 18, 2010 By Bob Egelko Scalia is the longest-serving justice on the current court. He spoke to an auditorium filled with [...]
California Supreme Court to air arguments in state employee furlough case
September 7, 2010 by donal brown
Filed under 1st Amendment News, News & Opinion
The California Supreme Court agreed to broadcast oral arguments on television and Internet on Wednesday, September 8 in the case challenging Arnold Schwarzsnegger’s authority to impose mandatory two-day-a-month unpaid furloughs on state employees -db Metropolitan News-Enterprise September 3, 2010 By a Met News Staff Writer The California Supreme Court said yesterday that it will broadcast [...]
California judge rules against court in attempt to block publication of courtroom photos
August 23, 2010 by donal brown
Filed under 1st Amendment News, Freedom of Speech / Press, News & Opinion, Sunshine Ordinances
A superior court judge ruled that the Los Angeles Times could publish photos of a murder defendant taken with the court’s permission. The judge said the attempt to bar the photos was unconstitutional prior restraint. -db Metropolitan News-Enterprise August 20, 2010 By Kenneth Ofgang A Los Angeles Superior Court judge’s order barring publication of photos [...]
California appeals court allows publication of courtroom photos
August 10, 2010 by donal brown
Filed under 1st Amendment News, Freedom of Speech / Press, News & Opinion, News Gathering
The California Court of Appeal ordered a Superior Court judge to reverse her ban barring the Los Angeles Times from publishing the courtroom photos of a murder suspect. -db Los Angeles Times August 9, 2010 By Andrew Blankstein The California Court of Appeal ordered a Los Angeles County Superior Court judge Monday to abandon her [...]












