Minnesota court rules restraining order not a violation of free speech rights

A Minnesota appeals court upheld an Harassment Restraining Order against a man for derisive blogs about his ex-girl friend. The court found that the order was not prior restraint in that the man engaged in unprotected harassment rather than protected speech. -db From the First Amendment Center, December 15, 2011. by David L. Hudson Jr. [...]

Justice Department freezes music blog for a year supposedly for copyright infringement

The Justice Department seized the assets of a popular music blog, Dajaz1, reportedly for violations of copyright, but did not give the blog a day in court to fight the action. Writing in TechDirt, Mike Masnick says it was an outrageous act, “I suspect that nearly all of you [readers] would say that’s a classic [...]

Another First Amendment victory for funeral protesters

The three-judge U.S. Court of Appeals ruled last week that a Nebraska law keeping protesters 300 feet away from a memorial service was unconstitutional. The Westboro Baptist Church from Kansas has been picketing military funerals around the country contending that war deaths resulted from America’s growing acceptance of such activities as same-sex marriage. -db From [...]

Tribute: Civil rights leader left legacy of First Amendment gains

The civil rights leader, Rev. Fred L. Shuttlesworth, who died last week, made a lasting contribution to First Amendment law in winning a judgment by the U.S. Supreme Court that Birmingham’s ordinance requiring a parade permit was prior restraint and unconstitutional. -db From a commentary for the First Amendment Center, October 7, 2011, by David [...]

A&A: Can my city require six days notice for a permit to picket or is that prior restraint?

Q: The city has drafted a new ordinance that requires six days notice and a permit to picket or demonstrate on main drags, and two-to-four days on smaller ones. Is this a violation of free speech rights/ A: Public streets are generally considered public forums — in fact, they have been called “‘the archetype of [...]

Washington: Local police seek anonymous creator of cop parody videos

Renton, Washington police are seeking the identity of the creator of some videos critical of their department in what they describe as a cyberstalking investigation. Police are asking Google to reveal the name of the creator using the pseudonym “Mrfuddlesticks.” The videos contain profanity and sexual content and name members of the department. The affadavit [...]

Online newspaper refuses to honor federal court order to remove video clips relating to Gulf oil spill

An online newspaper The Daily is refusing to comply with a federal judge’s order to remove video clips of former British Petroleum CEO Tony Hayward testifying on the Deepwater Horizon oil spill in the Gulf of Mexico. The judge indicated she may rescind the order. The court had issued a pretrial order forbidding the publication [...]

Principal censors student journalist stories on arrest of teacher found in car with teen-ager

A Kentucky high school principal has blocked publication of two stories for the school’s online publication on the arrest of a teacher caught half dressed in a car with a teen-ager. Although the district’s code of conduct and student bill of rights says school publications are free from censorship and prior restraint, the school district [...]

Texas: Journalist covering terrorism case seeks to suspend gag order

In a case of a man from Saudi Arabia alleged to have attempted to bomb targets in the U.S. including the house of ex-President George W. Bush, a journalist from Texas is asking for the federal appeals court to reverse a gag order issued by a trial court. The reporter’s petition reads, “Any restriction on [...]

Free press: Photojournalist seeks access to federally-funded wild horse roundups

A Nevada photojournalist is asking the federal appeals court in San Francisco to grant her access to wild horse roundups and warehouse facilities. She claims that the Bureau of Land Management had revoked permission for her to photo horse captures at close range. The photojournalist, Laura Leigh, said,  “The case in a nutshell is about [...]

‘Girls Gone Wild’ suit allowed to proceed anonymously

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: Judge lifts ban on media in case of a Monterey shooting

KSBW.com January 19, 2011 A Monterey County judge ruled that the ban be vacated on publishing photos and videos regarding the man accused of shooting three people at The Mucky Duck Bar in Monterey on New Year’s Day. -db

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 [...]

Opinion: Online freedom threatened by Amazon decision to drop WikiLeaks

The Electronic Freedom Foundation argues that in denying WikiLeaks access to its site, Amazon is doing what the government cannot legally do, engage in censorship. -db Electronic Freedom Foundation Commentary December 2, 2010 By Rainey Reitman and Marcia Hofmann The First Amendment to the Constitution guarantees freedom of expression against government encroachment – but that [...]

First Amendment: Federal appeals court upholds Nevada’s stringent requirements for ballot initiatives

Nevada citizens challenging Nevada’s “onerous” ballot qualification requirements for initiatives lost a round in federal appeals court as the court ruled that the measure did not violate their free speech rights. -db Courthouse News Service December 2, 2010 By Tim Hull (CN) – Nevada’s requirements for getting initiatives and referendums on the ballot do not [...]

Media law expert questions college ban on athletes’ tweets

Public and private universities are increasingly limiting players’ use of social media that one expert says constitutes in most cases illegal prior restraint and a violation of their free speech rights. -db Citizen Media Law Center Commentary November 9, 2010 By Eric P. Robinson An exercise we did Friday at University of Nevada, Reno’s High School [...]

Reporters’ group asks Supreme Court to hear case involving pain relief adocates

The Reporters Committee for Freedom of the Press is fining an amicus brief to ask the U.S. Supreme Court to hear a case in which an advocate for doctors who allegedly over-prescribe painkillers claims her First Amendment rights were threatened by subpoenas for information. -db The Reporters Committee for Freedom of the Press November 8, [...]

Author of redacted Afghan war memoir says censored information on public record

A former intelligence officer says that all information censored by the Pentagon in his Afghan war memoir is available in unclassified and open-source documents. The man says the government violated his First Amendment rights. -db Los Angeles Times October 9, 2010 By Brian Bennett REPORTING FROM WASHINGTON — The author of an Afghanistan war memoir [...]

California judge rules against court in attempt to block publication of courtroom photos

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 [...]

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 [...]

Judge bars LA Times from publishing photos

A judge took the unusual and possibly unconstitutional step of barring a Los Angeles Times photographer from publishing images she allowed him to snap at a hearing for a man charged with murdering a Hollywood family. News August 5, 2010 By The Associated Press LOS ANGELES— Lawyers for the Times planned to ask the judge [...]

Superior Court judge orders newspaper not to publish details of legal dispute

Superior Court Judge took the rare step of ordering The National Law Journal not to publish information ahead of publication The Washington Post Blog/ Commentary July 26, 2010 By Mike Debonis What should have been a boring trade-paper article about a pomegranate-juice company’s legal-fee dispute got a whole lot, er, juicier last week. Superior Court Judge Judith Bartnoff [...]

Student editors in Washington fight prior review

Although students in a Washington school district recently won a censorship ruling in federal court, they are still fighting their district’s media policy that permits the administration powers of prior review and prior restraint. -db Student Press Law Center May 20, 2010 By Josh Moore PUYALLUP, Wash. — Student editors at three Puyallup School District [...]

New California student free press law aims to stop prior restraint of student publications in charter schools

The adviser of a high school newspaper in Orange County, California says a revised publication policy at the charter school, the Orange County High School of the Arts, is in conflict with a proposed state law inspired by alleged censorship problems at the school.-DB Student Press Law Center January 13, 2010 By Stefanie Dazio ORANGE [...]

Court rules CIA did not violate Valerie Plame’s rights

The CIA did not violate Valerie Plame’s 1st Amendment rights the U.S. Court of Appeals in New York City (2nd Cir.) has ruled. Including dates of service in her memoir including them in her memoir would still violate the secrecy agreement she signed when she joined the CIA. Reporter’s Committee for Freedom of the Press [...]

San Diego ACLU challenges alleged violations of college employees’ free speech rights

In a letter to the Southwestern College president, the American Civil Liberties Union of San Diego urged him to repudiate his actions restricting a peaceful demonstration on campus to protest budget cuts. -DB ACLU San Diego and Imperial Counties Press Release November 9, 2009 Saying that a public college “must uphold the highest possible commitment [...]

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 [...]

Military prohibits images of troops killed in action in Afghanistan

New rules governing journalists embedded in a military unit in Afghanistan prohibit photos or videos of U.S. troops killed in action. This revises early guidelines allowing images of death so long as the Department of Defense had notified  the troops’ family. -DB The Reporters Committee for Freedom of the Press October 9, 2009 By Amanda [...]

School administrators defy California law on students’ free press rights

Administrators at the Orange County High School of the Arts censored the school newspaper for reporting that the cafeteria service provider was a Christian company, but legal experts say under state law that would not be sufficient reason for suspending publication. -DB THE ORANGE COUNTY REGISTER September 11, 2009 By Scott Martindale SANTA ANA – [...]

Reporters committee files brief supporting decriminalization of animal cruelty coverage

The Reporters Committee for Freedom of the Press filed a brief before the U.S. Supreme Court seeking to strike a federal law that makes it a crime to create or sell depictions of animal cruelty. –DB Reporters Committee for Freedom of the Press Press Release July 24, 2009 By Rory Eastburg The Reporters Committee for Freedom [...]