Bloggers’ ranting style protects in free speech cases but may hurt in other realms

Bloggers may win victories in defamation cases since their heated critical commentary is easily identified as opinion rather than fact and not libelous, but the advantage may have a serious down side, writes John Sharkey for the Citizen Media Law Project. Sharkey is concerned that in ruling for bloggers in defamation cases,  judges are making [...]

Innocence project decision takes liberties in defining ‘journalist ‘ under the First Amendment

By ruling that Northwestern University journalism students  had to surrender internal e-mails concerning their efforts to free a man convicted of murder in 1978, Cook County judge concluded that the students were “investigators” working for the defense. In a commentary for the First Amendment Center, Gene Policinski points out that the First Amendment does not [...]

Reality TV tries to invoke shield law in denying evidence to defense attorneys

SF Weekly January 12, 2011 By Lauren Smiley A reality TV show, truTV’s ‘Bait Car’, teamed with San Francisco police to bust car thieves but are now citing California shield law for journalists in refusing the turn over footage to defense attorneys. A media expert says that because of the arrangement with San Francisco, the [...]

Federal judge rules reporter does not have to testify in medical pot case

A federal district court dismissed a subpoena of a reporter on the grounds that the subpoena violated the reporter’s First Amendment right to withhold testimony. -db The Reporters Committee for Freedom of the Press October 1, 2010 By Daniel Skallman A federal judge quashed a criminal defense lawyer’s subpoena of a reporter last month, ruling [...]

Federal judge quashes subpoena for notes in “unjust conviction” case reported by Medill grad student

A federal district judge has rejected arguments that the Chicago police could subpoena the notes of a former student at Northwestern University Medill School of Journalism who worked to exonerate a convicted felon. -db Reporters Committee for Freedom of the Press August 19, 2010 By Cristina Abello A federal judge in Seattle yesterday granted a [...]

Government agency using subpoenas to obtain whistle blowers’ e-mails with reporters

The Security and Exchange Commission has subpoenaed documents from two whistle blowers including e-mails with reporters, a move that circumvents their usual policy of not subpoenaing reporters directly. -db The Reporters Committee for Freedom of the Press June 28, 2010 By Ellen Biltz At least one government agency is using subpoenas to target e-mail between [...]

Digital rights foundation claims warrant in Gizmodo case violated California law

According to the Electronic Freedom Foundationn, an examination of the search warrant affidavit that sanctioned the invasion of an Gizmodo’s house last month shows that the warrant should never have been issued in that California law does not allow for suspending a reporter’s testimonial privilege unless another constitutional right is in play. Click on the [...]

Attorney General subpoenas New York Times reporter over book on C.I.A.

A lawyer for New York Times reporter James Risen says he will honor his commitment to keep his sources confidential in resisting a subpoena to provide documents about his 2006 book about the Central Intelligency Agency.  -db The New York Times April 28 2010 By Charlie Savage WASHINGTON, D.C. — The Obama administration is seeking [...]

Gawker lawyers try to invoke shield law in police seizure of computers at editor’s house

The furor continues over tech blog Gizmodo’s acquisition of a next-generation iPhone which it bought from someone who found it in a bar in Redwood City. To find out how Gizmodo got the iPhone, police seized the computers of an editor for Gawker, Gizmodo’s parent company. Gawker hired a First Amendment lawyer to fight the [...]

Student video journalist in trouble again, this time at UC Berkeley

A student journalist from UC Berkeley’s Graduate School of Journalism faces prosecution for being present during a standoff with police in Wheeler Hall where students protested budget cuts last fall. The student claims he was there as a journalist rather than as a protestor. -db San Francisco Chronicle April 16, 2010 By Nanette Asimov A [...]

Michigan reporter wins round in federal court to keep sources confidential

A federal court judge ruled that a Detroit Free Press reporter could invoke his Fifth Amendment privilege against self-incrimination to allow him to keep the names of his sources in the Justice Department a secret. A federal prosecutor is suing for the names of his sources. -db The Reporters Committee for Freedom of the Press [...]

Coalition files amicus brief supporting Northwestern University students with records under subpoena

A friend-of-the-court brief has been filed in support of Northwestern University journalism students working on a project seeking to prove the innocence of convicts under sentence for murder. The State Attorney is seeking their notes, interview tapes and other records to discredit their work on the project. -DB Student Press Law Center Press Release January [...]

Law student chides TSA for violating blogger’s rights

A Citizen Media Law Project blogger says the recent attempt of the Transportation Security Administration to serve citizen bloggers with subpoenas after the bloggers published new airport security directives shows that the agency needs judicial checks and its power to subpoena stripped. -DB Citizen Media Law Project January 4, 2010 By Andrew Moshirnia In recent [...]