First Amendment News

Study intensifies debate over definition of journalist

A research report published by Free Press in October of 2013 argues that limiting a shield law to professional journalists ignores the realities of new technology that puts the tools of reporting into the hands of ordinary citizens. In his report Josh Stearns cites a number of instances of people committing acts of journalism including 19-year-old Karina Vargas who recorded the Oscar Grant shooting in the Fruitvale station in Oakland, California and then refused to

Read More »

Baltimore peace group wins free speech lawsuit

The city of Baltimore settled a 10-year-old lawsuit brought by the ACLU to contest rules requiring permits for citizens to protest or distribute leaflets in city parks. The city agreed to rewrite the rules to make them consistent with the First Amendment and paid a $98,000 settlement for ACLU’s legal costs. (Baltimore Brew, Octiber 16, 2013, by Mark Reutter) A press release from the ACLU of Maryland hailed the settlement as a “significant expansion of

Read More »

Free speech: Book on failed Mexican gun-running scheme can be published – with limits

The Obama administration lost a battle to censor “Fast and Furious,” an expose of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) failed attempt to sell high-powdered guns to Mexican drug cartels to track and arrest cartel leaders. ATF lost contact with the weapons that were ultimately used in several murders in Mexico. After members of Congress criticized the censorship, the ATF relented to allow publication with some redactions. (Politico, October 17, 2013, by

Read More »

A&A: Brown Act rules for scheduling a meeting

Q: Can a majority of members of a body (city council) discuss the logistics (when and where) of scheduling a meeting, including the topic but no content, outside of an official meeting? My thought is yes because no information is exchanged, only the logistics. A: As I believe you are aware, the Brown Act, at Govt. Code section 54952.2, defines “meetings” to include “any congregation of a majority of the members of a legislative body at the same

Read More »

Minnesota activist prevails in suit over public sidewalk chalking

Minneapolis settled an ACLU lawsuit on behalf of an activist handcuffed and given a trespass order barring her from the property for chalking an anti-war slogan on a sidewalk in front of the Federal Building in 2011. The city settled for $5000 which went to the ACLU to cover costs of litigation. (Minneapolis Star Tribune, October 10, 2013, by Randy Furst) The activist Melissa Hill filed two previous suits against law enforcement, one for writing

Read More »