Reporter and filmmaker Mark Boal conducted a series of interviews with Sgt. Bowe Bergdahl that were published on the Serial podcast in 2015. Subsequently, the military prosecutor in the court martial of Sgt. Bergdahl informed Boal that he intended to subpoena Boal to obtain the recordings of the interviews in their entirety. Before the military subpoena was issued, Boal filed a complaint in the Central District of California arguing that the reporter's privilege should protect against the compelled disclosure of the recordings. The Reporters Committee and 36 other media organizations filed an amicus brief in support of Boal. The amicus brief explains the important policy reasons underpinning recognition of the reporter's privilege, argues that the reporter's privilege extends to Boal and asserts that the Court should address Boal's claims now, so that he can avoid unnecessary injury.
The Reporters Committee and a coalition of news media organizations submitted comments on a draft policy regarding the NYPD's bodycam program. The comments highlight the importance of compliance with New York's Freedom of Information Law when it comes to requests for bodycam video. They address, among other things, the limited scope of exceptions to disclosure, segregation requirements, technology and redactions, discretionary releases, and fees associated with FOIL requests.
The Reporters Committee and a coalition of news organizations wrote to the Cleveland mayor and police chief, objecting to the city's policy banning gas masks during protests. We argued that journalists, who would not be engaged in the activity that prompts the use of tear gas, need to cover these newsworthy events, and that police should allow credentialed journalists to carry them near the protests and parades.
A requester sought police audio and video taken at the site of a car crash in Pennsylvania, under the state's Right to Know Law. The Pennsylvania State Police denied the request, citing several exemptions. The requester sued, and the trial court held that one of the videos must be released, but that portions of the audio in another video could be redacted. The PSP appealed the decision. The amicus brief of the Pennsylvania NewsMedia Association and the Reporters Committee argues: (1) police dashcam videos are documentary in nature, and generally cannot be withheld under exemptions that apply to investigatory material; (2) the PA Wiretap Act does not prevent the disclosure of dashcam videos under the Right to Know Law; and (3) access to dashcam videos and bodycam videos is important is important for the public and the press to understand the actions of law enforcement and engage in democratic oversight of their government.
Ryan Larson sued Gannett Company, Inc., for defamation in Minnesota after a local television station and newspaper reported on the police investigation into the killing of a police officer. After the officer's death, law enforcement officials held a news conference and issued a press release stating they had arrested Larson in connection with the death. Journalists from KARE 11 and the St. Cloud Times reported on Larson's arrest. Police later cleared Larson as a suspect. The trial court denied Gannett's motion for summary judgment that asserted the statements were protected under the fair report privilege. Gannett appealed for discretionary review to the Minnesota Court of Appeals. The Reporters Committee filed a request to participate as amicus curiae in support of Gannett's petition for discretionary review.
The Animal Legal Defense Fund and other organizations challenged Idaho Code Ann. § 18-7042, known as an "ag-gag" statute, as unconstitutional under the First and Fourteenth Amendments to the U.S. Constitution. The law criminalizes audio and video recording at agriculture facilities. The U.S. District Court for the District of Idaho struck down the law. The Reporters Committee and 22 media organizations filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in support of Plaintiffs-Appellees. The brief argues that journalists and whistleblowers who serve as their sources have improved food safety and agriculture facility conditions through the years by exposing violations. Idaho's "ag-gag" statue infringes upon the First Amendment rights of those seeking to disseminate information to the public about food safety, the treatment of animals, and environmental concerns.
In testimony prepared for the House Judiciary Committee’s Subcommittee on the Constitution and Civil Justice, Reporters Committee for Freedom of the Press Executive Director Bruce Brown tells lawmakers that the time has come to enact a federal anti-SLAPP law.
Jesse Friedman was denied access to witness statements provided to local law enforcement under the confidential source exemption in New York's Freedom of Information Law. The Reporters Committee and 19 media organizations argued that the Second Department of the Appellate Division erred in concluding that non-testifying witness statements are categorically exempt under FOIL. Not only are blanket exemptions contrary to FOIL, but the holding below is contrary to those of the other Departments in the Appellate Division and the United States Supreme Court. Access to witness statements is also crucially important for the press to keep the public informed about the activities of law enforcement agencies, which counsels against a blanket exemption for such statements.
The Reporters Committee submitted administrative comments to the Department of Labor recommending that it modify its Privacy Act routine uses so that OGIS can better fulfill its statutory duties under FOIA.
This federal Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, case arises out of the refusal of the FBI, a component of the U.S. Department of Justice to release records requested by Freedom of the Press Foundation regarding the FBI’s use of national security letters (“NSLs”) and exigent letters to obtain the toll billing records of journalists. The Reporters Committee, joined by 37 media organizations, filed an amicus brief in support of Freedom of the Press Foundation's opposition to the Government's motion for summary judgment to emphasize the critical importance to the press and the public of access to information about the manner in which the FBI seeks to use legal process to obtain the toll billing records of reporters and news organizations.
Two animal protection organizations and a woman arrested while documenting events at an agricultural site from a public road have challenged Utah Code Ann. § 76-6-112, known as an "ag-gag" statute, as unconstitutional under the First and Fourteenth Amendments to the U.S. Constitution. The statute criminalizes recording images and sounds of agricultural production facilities without the facility owner's express consent. The Reporters Committee, joined by 17 other media organizations, filed an amicus brief in support of Plaintiffs' motion for summary judgment. Amici explain that journalists and other organizations have a long history of improving food safety by exposing violations in agriculture productions. Utah's "ag-gag" statute interferes with the First Amendment rights of those continuing to inform the public about food safety, the treatment of animals, and environmental concerns.
Dr. Edward Tobinick sued Dr. Steven Novella for unfair competition, trade libel, and libel per se in federal court after Novella published two online articles about what Novella believed were Tobinick's unproven practice of treating Alzheimer's disease and strokes with the drug Embrel. Tobinick also sued Novella under the Lanham Act for the same publications. The Reporters Committee, with 24 other media organizations, filed an amicus brief in the U.S. Court of Appeals for the Eleventh Circuit arguing the District Court properly dismissed Tobinick's state claims under the California anti-SLAPP statute and federal claims under the Lanham Act. The brief asserts the District Court correctly applied the California anti-SLAPP statute in federal court because the statute does not conflict with the federal rules and is a substantive protection, not a procedural rule.
The Reporters Committee for Freedom of the Press asked Minnesota lawmakers to amend right-of-publicity legislation, called the PRINCE Act, to provide safeguards for constitutional rights. In its letter, the Reporters Committee urged Minnesota legislature to explicitly avoid regulating any form of political, artistic or other socially relevant expression by limiting themselves to commercial products that imply an endorsement or other connection to the individual.
The Reporters Committee and others filed a brief in support of a newspaper's request for review to the South Carolina Supreme Court, in a case that turns on what is required to show "actual malice" on the part of a journalist.