First Amendment News

On First Amendment grounds, a panel of the 9th Circuit federal appeals court ruled against a pioneer San Francisco law that  required warning labels about health risks on soft-drink ads. The judges argued that sugar is not the same as nicotine in cigarettes in that small amounts of sugar can be part of a healthy diet. They also said that the required warning label was too large and therefore chilled commercial speech. (Grub Street, September

The American Civil Liberties Union is suing the Orange County sheriff and ICE for preventing detained immigrants from obtaining documents and health records that could bolster their cases to remain in the country. If a detainee had a lawyer, the lawyer could obtain documents including medical records of abuse in their home countries helpful in a plea for asylum. Those without lawyers then were denied access to these records in violation of their First Amendment

Local newsrooms will be getting a boost next year with a new initiative Report for America (RFA) gearing up to place 1,000 journalists in local newsrooms for a year. RFA will pay 50 percent of the reporter’s salary, the newsroom 25 percent and local donors the remaining 25. Provided with mentoring and training, the hope is that the new reporters will focus on issues of real importance to the local community and revitalize the profession.

Reporters assigned to the Defense Department say that they are losing access to the news under the present administration. Under Secretary James Mattis, fewer journalists are allowed on official trips. Especially troubling, several journalists were cut from a trip to the Middle East in mid-August after they had obtained visas and made other arrangements. There are also complaints of fewer briefings and a general freezing of interactions between the press and Pentagon officials throughout the

National Security Adviser H.R. McMaster warned all government agencies and departments, not just security agencies, against leaking even unclassified information.  The September 8 memo asks that all parties hold a one-hour session on unauthorized disclosures and marks a departure from the practices of the Obama administration in extending the type of information and those under scrutiny.  (BuzzFeed, September 13, 2017, by Chris Geidner) Writing in Vox, September 14, 2017, Matthew Yglesias notes the leaks are