FAC seeks to strengthen and defend governmental transparency and the First Amendment. One way we do that is by filing briefs or letters in selected cases as amicus curiae, or “friend of the court.” In doing so, FAC is able to offer the important perspective and expertise of an advocacy organization dedicated to advancing and protecting free speech, a free press and public participation in civic affairs. FAC prioritizes cases involving California sunshine laws, including the California Public Records Act and the Ralph M. Brown Act, along with cases affecting freedom of expression and newsgathering rights. To submit a request for amicus support in a case, please contact legal [at] firstamendmentcoalition.org.
With Davis Wright Tremaine, FAC filed an amicus brief in Martinez v. ZoomInfo Techs., Inc. to defend longstanding Ninth Circuit precedent that the denial of an anti-SLAPP motion in federal court is subject to immediate appeal, as it is in state court, rather than at the end of the case, which is typical in federal court.
FAC co-authored an amicus brief with the ACLU of Southern California in a case challenging Temecula Valley Unified School Board policies that ban the teaching of “Critical Race Theory and other similar frameworks” and force teachers to out transgender and gender nonconforming students.
FAC submitted a letter to the California Supreme Court in support of The Bakersfield Californian’s request to depublish the Court of Appeal’s decision in Bakersfield Californian v. Superior Court, which rejected the newspaper’s objections to a subpoena issued by a criminal defendant for a reporter’s notes of an interview with a co-defendant.
FAC argued the court should hear the case because a lower court incorrectly decided that the California Public Records Act does not authorize a court to issue any remedy beyond ordering disclosure of specific records, including but not limited to a finding that the agency failed to make an adequate search for records.
The letter urges the appeals court to overturn the trial court’s ruling that all drone footage is exempt from the California Public Records Act.
The brief highlights the chilling effect of the statute on freedom of the press, noting that the government has already targeted journalists who cover migration and listing numerous examples of reporting or commentary that might trigger an overzealous prosecution under the statute.
From the archives: Read past year digests of amicus curiae briefs FAC supported.
Here are amicus briefs and/or letters FAC has either authored or joined since March, 2018: FAC Authored Amici ACLU 9th Circuit Appeal. On August 3, we filed an amicus brief in support of the ACLU of Northern California’s appeal of an adverse Privacy Act ruling against their clients, two editors of the website antiwar.com. Our amicus brief argues, in essence, that the lower court’s ruling would open the door to the FBI broadly collecting information about journalists for the mere act of publishing — just the kind of surveillance prohibited under the Privacy Act. FAC was represented here by Cooley
Here are amicus briefs and/or letters FAC has either authored or joined since Dec. 2018: FAC Authored Amicus Briefs Brazil v. Newark Unified: On February 2, FAC filed an amicus brief that we co-authored with the ACLU in a trial court proceeding. This was a fairly unusual move for FAC. We have generally steered clear of trial-court amicus briefs for a number of reasons, including (a) trial court rulings have limited or no impact beyond the parties to the case; and (b) they are logistically difficult, with short time frames and unclear rules about whether and how they can be
Here are amicus briefs and/or letters FAC has joined since the last report: FAC Joined Amicus Briefs Guiffre v. Maxwell: FAC signed on to this amicus brief by the Reporters Committee for Freedom of the Press. It asks the Second Circuit Court of Appeals to overturn an extremely overbroad sealing order that purports to require secrecy of records filed with the court as part of discovery motions in a defamation lawsuit brought by one of the alleged victims of sex trafficking committed by financier Jeffrey Epstein. In re National Security Letter: FAC signed on to this Reporters Committee amicus brief
Here are amicus briefs and/or letters FAC has either authored or joined since the last report: Amicus Briefs Authored By FAC Callaghan v. West Virginia Judicial Investigation Commission: FAC authored an amicus brief urging the United States Supreme Court to review and reverse a decision by the West Virginia Supreme Court imposing draconian penalties on a candidate for judicial office for statements he made during a political campaign. The Philadelphia firm of Schnader Harrison prepared FAC’s amicus brief, which is in support of Callaghan’s petition for review by the Court. The core argument is that political speech must receive the