News & Analysis as of

Journalists First Amendment

U.S. Attorney General Announces Plans to Pursue Leak Investigations

by Jackson Walker on

Earlier this month, U.S. Attorney General Jeff Sessions signaled a potential sea change in the Department of Justice’s treatment of the news media. Sessions proclaimed that the Justice Department will pursue leak...more

Department of Justice Announces Review of Media Subpoena Policies

by Latham & Watkins LLP on

DOJ may revise policies on using investigatory tools to procure information about the media, with significant legal and business implications. Key Points: ..The review marks DOJ’s second significant evaluation of media...more

Of Free Speech and Thick Skin

by Jackson Walker on

It was a memorable 42nd season for Saturday Night Live, bookended by oddly compelling versions of “Hallelujah” by Kate McKinnon’s Hillary Clinton and Alec Baldwin’s Donald Trump. It has not been such a good season for the...more

News-Gatherer not Nightcrawler: District Court Denies NYPD’s Motion to Dismiss Photojournalist’s First Amendment Complaint

by Genova Burns LLC on

The U.S. District Court in Manhattan recently allowed a photojournalist’s complaint against the New York Police Department (NYPD) and City of New York to go forward. In Jason B. Nicholas v. The City of New York, 15-CV-9592,...more

Blogger-Journalist Protected From Defamation Suit By Anti-SLAPP Statute

Are journalists protected by anti-SLAPP statutes? Until last week, the likely answer would have been: “probably not,” at least in Massachusetts. But that was before Cardno Chemrisk, LLC v. Foytlin, a recent opinion by the...more

Presidents and the Press

by Jackson Walker on

Here’s a quiz for you. Match the President to the quote: “He uses tweets to go directly to the public while bypassing journalists.” “[The President] directed [name] to make speeches attacking newspapers and the...more

Paul Watler Speaks: Texas Supreme Court Opinions Firm Up Anti-SLAPP Rights For Online Journalists

by Jackson Walker on

Online journalists and scholars from the Americas and around the globe recently gathered at the University of Texas at Austin to assess the state of internet-based journalism. The keynote address of the 16th annual...more

Hulk-Sized Damages in Sex Tape Privacy and Publicity Case

by Dorsey & Whitney LLP on

In 2006, Terry Gene Bollea, better known as “Hulk Hogan,” had sex with his best friend’s wife, Heather Clem. Apparently unbeknownst to either of them, his best friend Todd Alan Clem, now legally known as “Bubba the Love...more

Mizzou: A Personal Note on Racism, Firings and a Free Press

by Gray Reed & McGraw on

I have been watching the events at my alma mater that led to the resignation of MU System President Tim Wolfe and Chancellor R. Bowen Loftin from afar. While I had heard inklings of discontent, I had no idea it was at this...more

Does The First Amendment Allow Journalists To Lie To Their Subjects? U.S. Senator Accuses Documentary Film Makers Of Fraud

On April 1, 2014, West Virginia Senator Joe Manchin issued a press release accusing Adroit Films of fraud. Manchin had agreed to be interviewed by the media company for a documentary about the Upper Big Branch mine disaster,...more

New California Law Protects Journalist’ Records Held By Third Parties

by Davis Wright Tremaine LLP on

Journalists in California must now receive advanced notice if their records are being subpoenaed either directly from them or through a subpoena issued to a third party. California’s new law—an amendment to California Civil...more

DOJ Leak Investigations Raise First Amendment Concerns

by Brooks Pierce on

Many journalists, constitutional lawyers, and plain old average Americans have expressed alarm at recent revelations about the Obama Administration’s “unprecedented number of leak investigations.”...more

Florida Judge Quashes Subpoena in Political Taping Case

by Holland & Knight LLP on

In a criminal case arising from the secret recording of a private conversation, Florida prosecutors issued a subpoena to compel a news reporter to testify in a case against a former aide to Lt. Gov. Jennifer Carroll. The...more

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