Better Government Association v. Board of Education of the City of Chicago
The Reporters Committee filed an amicus letter in the Circuit Court of Cook County, Illinois, in support of Better Government Association, which is challenging a court order prohibiting it from publishing a record it received from the Chicago Public Schools. CPS turned over a copy of an Investigative Report about the drowning of a CPS student to BGA in the course of a public records lawsuit brought by BGA. CPS then said that the report had been mistakenly produced and asked for it back. When BGA refused to return the report, CPS sought and received a court order prohibiting BGA from publishing the report. BGA is challenging the court order as an unconstitutional prior restraint. The amicus letter argues that the court order is a prior restraint and that the court cannot prohibit the news media from publishing documents they have lawfully obtained absent the most compelling circumstances and in the most exceptional cases.