SIDEBAR   Montana · May 15, 2008 · Freedom of information

FOIA law on attorney fees can be applied retroactively

A federal district court judge in Montana ruled that Freedom of Information Act requesters who prevail in litigation against federal agencies can recover attorney fees under new statutory reforms enacted in December even if the litigation was filed prior to the reforms' passage.

In an order released Wednesday, Judge Donald Malloy rejected the government's assertions that applying the reforms retroactively would result in "manifest injustice" and that there was otherwise a common law "presumption against retroactivity" in FOIA attorney fees cases. The court awarded plaintiff Wildlands CPR, which had won the release of documents related to the U.S. Forest Service's travel management plans, $68,512.50 in attorney fees and $4,189.49 in costs.

In granting the fees, Malloy applied the rule from Bradley v. Richmond School Board, a . . . [more]

— Scott Albright, 3:31 pm  [link] Keywords: FOIA reform   ·   Comments: 0   ·   Comment

 QUICKLINK   Texas · May 15, 2008 · Newsgathering

Photographer acquitted of charge of interfering with arrest

 A jury acquitted former Galveston County Daily News photographer Nick Adams on Wednesday, more than a year after he was charged with a misdemeanor for allegedly interfering with police by refusing to stop taking pictures of an arrest during the city’s Mardi Gras festivities.

Adams, now with the Appeal-Democrat [Marysville] in Northern California, was arrested in February 2007 after a League City, Texas, police officer told him to stop taking . . . [more]

— Jennifer Koons, 3:26 pm  [link] Keywords: Arrest; Photographers; Photography & videotaping   ·   Comments: 0   ·   Comment

 QUICKLINK   U.S. · May 14, 2008 · Freedom of information

Rev. Jackson and son file FOIA requests with Secret Service

The Rev. Jesse Jackson Sr. and his son, Rep. Jesse Jackson Jr. expressed outrage over e-mails sent between members of the Secret Service, in which the agents reportedly joke about the possible assassination of the elder Jackson and wife, Jacqueline.

The Jacksons filed Freedom of Information requests to obtain the e-mails, the existence of which was disclosed through a discrimination lawsuit filed against the agency by some of its black agents.

Rep. Jackson (D-Ill.) called the e-mails . . . [more]

— Scott Albright, 5:08 pm  [link] Keywords: Public Records   ·   Comments: 0   ·   Comment

 QUICKLINK   Rhode Island · May 14, 2008 · State open government

R.I. open records measure sent back to Senate committee

An open records measure approved by Rhode Island's Senate Judiciary Committee last month will head back to the committee after Attorney General Patrick Lynch reviewed the legislation and expressed concern.

The attorney general objected to the portion of the proposed bill that would limit the time to three days instead of the current 10, with some exceptions. Police departments would have just 24 hours to . . . [more]

— Jennifer Koons, 4:53 pm  [link]   ·   Comments: 0   ·   Comment

 QUICKLINK   Missouri · May 14, 2008 · State open government

Mo. hikes up fees for records, prompting lawsuit

The state of Missouri is dramatically raising the cost of obtaining driver's license and vehicle title records, and the information clearinghouse companies who will be most directly affected have sued to reverse the changes,The Associated Press reports.

Since 1998, the price for ordering the records has been $1.25 per individual copy and significantly less when the records are ordered in bulk. Under the change, which went into effect on May 1, all copies now cost $7.

The three companies suing the state . . . [more]

— Scott Albright, 11:29 am  [link] Keywords: Public Records   ·   Comments: 0   ·   Comment

 QUICKLINK   South Dakota · May 14, 2008 · Newsgathering

AP, CNN and others fight S.D. exit-polling law

A coalition of national news organizations filed a lawsuit in federal court in Sioux Falls on Monday over a South Dakota law that prevents exit polling within 100 feet of a voting place.

The Associated Press, along with CNN, Fox News, ABC, NBC and CBS contend in the lawsuit that such polling within 100 feet of South Dakota voting locations has been conducted during previous elections.

But according to AP, state Secretary of State Chris Nelson sent out an April 2 . . . [more]

— Jennifer Koons, 10:18 am  [link]   ·   Comments: 0   ·   Comment

 QUICKLINK   U.S. · May 12, 2008 · Freedom of information

Education department seeks to make FERPA more restrictive

FERPA -- the Federal Educational Rights and Privacy Act -- has long made things difficult for student journalists, and any journalists covering educational issues. Too often schools use the pretext of protecting students' privacy to cover up an embarassing story.

Now the Department of Education wants to amend those rules to make it even more restrictive. According to the Student Press Law Center, the new rules would require schools to deny any records requests if they think the requester has . . . [more]

— Posted at 6:20 pm  [link] Keywords: Public schools   ·   Comments: 0   ·   Comment

 QUICKLINK   Illinois · May 12, 2008 · Secret courts

Secrecy continues in R. Kelly trial

In a continuing effort to shroud the R. Kelly trial in secrecy, a judge and courtroom personnel last week kept the media from entering court at the start of the jury selection process, when the parties were being introduced to the jury pool and the indictment, reportedly under seal since 2002, was read.

Deputies who chalked it up to "first-day jitters" would be more believable if this were the first example of unusual secrecy in the case, but [more]

— Posted at 4:17 pm  [link] Keywords: Jurors & secrecy; Pretrial secrecy   ·   Comments: 0   ·   Comment

 NEWS MEDIA UPDATE   D.C. Cir. · May 9, 2008 · Reporter's privilege

Appeals court questions Locy contempt finding

A three-judge panel of the U.S. Court of Appeals in Washington D.C. questioned whether it ought to uphold the potentially crippling fines assessed against former USA Today reporter Toni Locy for her refusal to identify the confidential sources she used while reporting on terrorism issues.

Locy became embroiled in the dispute when former Army scientist Steven Hatfill subpoenaed Locy in his Privacy Act lawsuit against the federal government. Hatfill contends that the government violated the act by identifying him as a “person of interest” in their investigation into the 2001 anthrax attacks that killed five people and left 17 others injured.

Hatfill has already identified three sources – including two of Locy’s – during the discovery period of his civil suit. Nevertheless, he has maintained his dogged pursuit of the additional sources Locy relied on in her stories covering the investigation. Locy has testified in depositions that she does not remember who provided her with the information specifically on Hatfill. Rather, she can only recall a universe of approximately a dozen sources she used while reporting . . . [more]

— Matthew Pollack, 4:12 pm  [link] Keywords: Anthrax investigation; Hatfill   ·   Comments: 0   ·   Comment

 PRESS RELEASE   · May 8, 2008 ·

CORRECTED: Locy appeal to be heard tomorrow.

— Posted at 5:43 pm  [link]   ·   Comments: 0   ·   Comment

 PRESS RELEASE   · May 8, 2008 ·

Locy appeal to be heard tomorrow.

— Posted at 4:18 pm  [link]   ·   Comments: 0   ·   Comment

 NEWS MEDIA UPDATE   D.C. Cir. · May 8, 2008 · Reporter's privilege

Court of appeals to hear Locy arguments tomorrow

On Friday, the U.S. Court of Appeals in Washington, D.C., will hear Toni Locy’s appeal of a contempt finding that could impose crippling fines on the former USA Today reporter.

Former Army scientist Steven Hatfill first subpoenaed Locy as a witness in his Privacy Act suit against the government for naming him as a “person of interest” in its investigation into the 2001 anthrax mailings that killed five people and left 17 others injured. 

U.S. District Judge Reggie Walton informed Hatfill that he could not succeed on his claim without pinpointing specific sources within the government who released such information. Hatfill subsequently subpoenaed five reporters to ascertain the identities of the anonymous sources that named him in news stories about the investigation. His efforts turned up three sources – including two of Locy’s – who voluntarily released the reporters from their promises of confidentiality.

Locy cannot recall which other confidential sources, if any, provided additional information that specifically referred to Hatfill. Despite having three sources already come forward and . . . [more]

— Matthew Pollack, 3:55 pm  [link] Keywords: Anthrax investigation; Contempt   ·   Comments: 0   ·   Comment

 QUICKLINK   U.S. · May 8, 2008 · Freedom of information

Navy releases McCain's military records

Following a Freedom of Information Act request by the Associated Press, the Navy on Wednesday released GOP presidential hopeful John McCain's military records.

For his part, the Arizona senator has yet to release his medical records. During his previous run for the White House in 2000, he voluntarily released his full medical history — nearly 1,500 pages of documents. This time around, he has continued to delay disclosing his recent medical reports. The records were originally scheduled for release in April. The . . . [more]

— Jennifer Koons, 10:26 am  [link]   ·   Comments: 0   ·   Comment

 QUICKLINK   Washington, D.C. · May 7, 2008 · Freedom of information

Defender of whistle-blowers accused of retaliation

It's always a bad sign when the U.S. Special Counsel, whose job it is to protect whistleblowers, is under investigation for destroying evidence related to charges he retaliated against his own employees. The Associated Press reported that at least 20 federal agents were involved in the search of the offices of U.S. Special Counsel Scott Bloch, and others searched his home.

In 2005, a group of current and former employees filed a complaint accusing him of retaliation against those who opposed his . . . [more]

— Gregg Leslie, 5:36 pm  [link]   ·   Comments: 0   ·   Comment

 SIDEBAR   Colorado · May 7, 2008 · Newsgathering

ACLU launches pre-emptive strike in Denver

If history is any precedent, there will be many restrictions placed on protesters and the journalists who try to cover them during the Democratic National Convention in Denver at the end of the summer. In recent years, the trend has been to try to limit protesting to penned-in areas, preferably (by police standards) a few blocks away from anything relevant.

To head off such efforts, the Colorado office of the ACLU has sued the city and county to get them to release their plans for protesters now, rather than just before the convention when it's too late to do anything about it.

Such plans will be meaningful for journalists too. Every four years, someone gets arrested while trying to cover the story. The Reporters Committee provides special convention hotlines for journalists who get swept up in mass arrests, or are otherwise interfered with . . . [more]

— Gregg Leslie, 5:11 pm  [link]   ·   Comments: 0   ·   Comment

 SIDEBAR   U.S. · May 6, 2008 · Internet regulation

Wikipedia case may test Section 230 again

Section 230 of the Communications Decency Act, which provides protection from liability for Internet service providers for content posted by third parties, is more necessary than ever these days. It took a beating in a suit brought against Roommates.com recently, but then again, the content on that site was generated by third parties who were answering questions and filling in a template provided by the housing site itself.

It also didn't stop a bank from dragging a domain name registrar into court and making them block access to the wikileaks.org Web site under threat of liability for the postings on that leaks site, but then again, the registrar didn't seem to be aware that section 230 should have applied.

But now comes another case that could test the limits of the safe harbor. A [more]

— Gregg Leslie, 5:16 pm  [link]   ·   View reader comments (2)   ·   Comment

 QUICKLINK   Missouri · May 6, 2008 · Freedom of information

Mo. governor's office is overcharging for e-mails, lawsuit claims

A special investigative team set up by Missouri Attorney General Jay Nixon is suing to force Gov. Matt Blunt and the state's custodian of records to release state government e-mails for free after the governor's office attempted to charge $540,940 for them, according to a St. Louis Post-Dispatch report.

The lawsuit also claims that Gov. Blunt's then-chief of staff and other high-ranking state officials ordered that backup tapes . . . [more]

— Scott Albright, 5:11 pm  [link]   ·   Comments: 0   ·   Comment

 QUICKLINK   Illinois · May 6, 2008 · Secret courts

Ill. high court denies request to unseal R. Kelly documents

The Illinois Supreme Court on Monday denied without comment a motion to unseal documents in the child pornography case against R&B singer R. Kelly.

The Chicago Sun-Times, the Chicago Tribune and the Associated Press filed an emergency motion in Cook County court last week, arguing a First Amendment right to the pretrial records and proceedings, but Judge Vincent Gaughan said this was not an emergency and instead scheduled a hearing on . . . [more]

— Jennifer Koons, 2:39 pm  [link]   ·   Comments: 0   ·   Comment

 SIDEBAR   New York · May 5, 2008 · Libel

Judge sues columnist over allegation of conflict

Libel suits brought by judges are always a serious concern for journalists because of the deferential treatment judges are often given in the legal system, as two recent cases have taught us.

A recent libel case filed by a New York state judge makes the point just as directly -- the judge is suing because a New York Daily News columnist said he should have recused himself from a case being litigated by someone the columnist said was the judge's "personal counsel."

Regardless of whether the lawyer's representation was less substantial than that, or whether he should have recused himself in any case, it seems clear that a judge should not resort to litigation over criticism of his public duties.

If reporters cannot freely report on the courts without fearing multimillion-dollar lawsuits, the . . . [more]

— Gregg Leslie, 5:02 pm  [link] Keywords: Judges; Lawsuits   ·   Comments: 0   ·   Comment

 SIDEBAR   Idaho · May 5, 2008 · Freedom of information

Court: Forest Service can redact employee names

The U.S. Court of Appeals in San Francisco (9th Cir.) reached an unsettling conclusion last week when it allowed the names of 23 federal employees to be withheld after they were investigated following the death of two U.S. Forest Service firefighters in July 2003.

Following the blaze in the Salmon-Challis National Forest in Idaho that killed firefighters Shane Heath and Jeff Allen, the Forest Service was investigated and criticized by both the Occupational Safety and Health Administration and the agency's inspector general. Federal prosecutors filed criminal charges against the firefighting team's leader, Cmdr. Alan Hackett, who was convicted and agreed to have his name released after being sentenced to probation.

When the watchdog group [more]

— Scott Albright, 12:28 pm  [link] Keywords: Privacy   ·   Comments: 0   ·   Comment

 SIDEBAR   Wisconsin · May 5, 2008 · Libel

Students charged with criminal defamation

Two Wisconsin high school students were charged with criminal defamation after assembling and posting a nude photo collage of a female classmate.

After the unnamed classmate accused him of throwing a bowling ball through the front door of her home, Tyler Schultz, who previously dated the student, composed the montage using 11 photographs that she had sent to him and other students at the school via cell phone. Michael Meyer-Senty, another of her former boyfriends, later posted five copies of the collage throughout one of the school’s locker rooms.

Under Wisconsin law, criminal defamation is a Class A misdemeanor, defining defamatory matter as “anything which exposes the other to hatred, contempt, ridicule, degradation or disgrace in society or injury in the other’s business or occupation.”

Criminal . . . [more]

— Matthew Pollack, 12:23 pm  [link] Keywords: Criminal Libel   ·   Comments: 0   ·   Comment

 QUICKLINK   New York · May 2, 2008 · Libel

New York enacts Libel Terrorism Protection Act

Gov. David Paterson signed the Libel Terrorism Protection Act on Thursday, helping New York set the pace in protecting American journalists from foreign libel verdicts.

The bill was first proposed in response to a ruling from New York’s highest court that the state could not exercise jurisdiction over Khalid Salim a Bin Mahfouz, a Saudi Arabian businessman and banker who obtained a default judgment in a defamation suit against American author Rachel Ehrenfeld in a British court. Bin Mahfouz is one of the . . . [more]

— Matthew Pollack, 2:00 pm  [link] Keywords: Libel tourism   ·   Comments: 0   ·   Comment

 QUICKLINK   Tennessee · May 1, 2008 · Freedom of information

Tennessee Senate approves open records bill

The Tennessee Senate today unanimously passed a new open records measure (SB 3280)

If enacted, the bill would revamp the state’s public records law by, among other things, establishing a deadline for agencies to respond to information requests.

A companion bill ([more]

— Jennifer Koons, 4:15 pm  [link]   ·   Comments: 0   ·   Comment

 QUICKLINK   Rhode Island · May 1, 2008 · Freedom of information

R.I. Senate committee approves open records measure

Rhode Island's Senate Judiciary Committee on Tuesday approved legislation to update the state's open records law.

The proposed bill would limit the time to three days instead of the current 10, with some exceptions. Police departments would have just 24 hours to respond to requests seeking arrest . . . [more]

— Jennifer Koons, 4:07 pm  [link]   ·   Comments: 0   ·   Comment

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