Chicago federal judge no longer asking for reporters’ notes

A U.S. district judge is no longer asking Chicago reporters to provide notes of interviews with a juror who did not admit to two felony convictions in filling out court papers prior to serving in a high profile trial. The trial concerned a charge that a man tried to extort money from a film producer [...]

Federal judge orders Chicago Tribune reporter to turn over notes

The Chicago Tribune is deciding its course of action after a federal judge ordered thier reporter to turn over notes and other document in the case of a juror who concealed her criminal record in the William Cellini trial. Cellini was convicted last month for attempted extortion. The Tribune suggested that the court should first [...]

Blogger’s right to anonymity upheld in federal court

A federal district judge held that a blogger could remain anonymous since his First Amendment rights were paramont to discovery needs in a defamation case. The “Skywalker,” as the blogger is known, is charged with defaming the spiritual leader of the Art of Living Foundation. From the Courthouse News Service, November 16, 2011, by Maria [...]

California Supreme Court orders rehearing in case of juror posting on Facebook

The California Supreme Court ordered the state appeals court to reconsider a case of a Sacramento juror required to release Facebook posts he made during a 2010 criminal trial. Both the juror and Facebook challenged subpoenas of the posts. -db From The Reporters Committee for Freedom of the Press, April 1, 2011, by Rachel Costello. [...]

Reporter’s privilege: Federal appeals court rules reporter had to submit to wider cross-examination

The 2nd Circuit U.S. Court of Appeals ruled that it was improper to restrict cross-examination of a reporter invoking his privilege not to testify. The court said that the restriction violated the defendant’s right to confront witnesses. The reporter from the Wall Street Journal was forced to testify from his knowledge gained in a series [...]

California appeals court upholds order requiring juror to release his online postings

After a jury foreman wrote on Facebook during the trial of alleged gang members that the proceedings were boring, defense attorneys issued subpoenas to Facebook and the foreman for the postings. The judge ordered the foreman to authorize Facebook to release the postings. That order was upheld by the appeals court without comment. -db From [...]

Juror in gang case is contesting judge’s order to turn over Facebook posting

A Sacramento Superior Court judge gave a juror 10 days to comply with an order to turn over postings he made on Facebook last year during a trial concerning a gang beating. Lawyers for the Killa Mobb gang are asking for the postings to make sure that the juror was not biased. A lawyer for [...]

California court considering gag order in shopping mall arson

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 [...]

Federal appeals court rejects Guantanamo detainee request for government records

The U.S. Court of Appeals in Washington, D.C. found that the federal government had compelling arguments for withholding documents requested by a Guantanamo detainee. -db JURIST October 09, 2010 By Daniel Makosky [JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] ruled [opinion, PDF] Wednesday that governmental interests in the [...]

In court photo dispute Los Angeles Times alleges illegal prior restraint

In a brief filed in court this week, the Los Angeles Times argued that their photographer acted with the court’s permission in taking photos of a defendant charged with murder, and that any attempts to prevent publication of the photos constituted prior restraint. -db Metropolitan News-Enterprise August 19, 2010 By a MetNews Staff Writer A [...]

California appeals court allows publication of courtroom photos

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 [...]

Free press: Judge bans Los Angeles Times photographer from publishing courtroom photos

A judge approved a written request to photograph a murder suspect but when reminded in court about a prior order banning photography ordered the photographer not to publish his photos. -db Los Angeles Times August 5, 2010 By Andrew Blankstein A judge issued an unusual order Wednesday in which she told a newspaper photographer not [...]

First Amendment: Enron’s Skilling wins partial victory, loses on pre-trial publicity

While opening the door to a new trial for former Enron CEO Jeffrey Skilling, in a 6-3 vote the U.S. Supreme Court rejected Skilling’s argument that pre-trial publicity made a free trial impossible. -db The New York Times June 24, 2010 By Adam Liptak WASHINGTON, D.C. — Ruling for two prominent corporate executives in prison [...]

Attorney for army major who allegedly killed 13 starts blog on the case

After a military judge issued a gag order in the trial of a man accused of killed 13 people at Fort Hood last year, the civilian lawyer for the man started a blog to make his case for the suspect. -db CNN March 2 2010 By Larry Shaughnessy Washington (CNN) — In response to a partial [...]

Judges to jurors: No Twittering

Jurors can expect to be reminded of the limits of their free speech rights as a federal court body has released revised model jury instructions specifically forbidding jurors from using technology and the social media to communicate about cases in progress. -db Wired February 8, 2010 By David Kravets A federal court policy-making body is belatedly [...]

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, [...]

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 [...]

No gag order in Chauncey Bailey murder trial

 In the Chauncey Bailey murder, Superior Court Judge Morris Jacobson released 800 pages of grand jury testimony and refused defense pleas to impose a gag order on lawyers. -DB The Oakland Tribune  July 31, 2009  By Thomas Peele OAKLAND — A judge on Thursday afternoon refused to impose a gag order on lawyers and others involved [...]