In a new twist in a matter we have been following closely, a federal judge in Michigan issued a written ruling today ordering Detroit Free Press reporter David Ashenfelter to sit for a second deposition. The judge released his decision just over two weeks after conducting a hearing on a motion to hold Ashenfelter in contempt for refusing to testify at his deposition in a civil lawsuit about a confidential government source who divulged information to him about the plaintiff.
As we first reported in December, this case is particularly interesting because Ashenfelter invoked the ... Read More
We previously reported that Vicki Iseman, a Washington lobbyist, filed a defamation lawsuit in December against the New York Times over an article published during the 2008 presidential campaign. In particular, Iseman contended in her complaint that the article falsely implied that she and then-candidate John McCain had carried on an illicit and inappropriate romantic relationship while Iseman worked for clients before a Senate committee chaired by McCain.
Yesterday Iseman and the Times announced that her claims had been resolved and the lawsuit dropped. The terms ... Read More
After a number of years in which proposed federal shield statutes have stalled in Congress, news media interests are optimistic that this time will be the charm. Last week bills were introduced in both the House of Representatives and the Senate that would create a qualified privilege for journalists subject to federal subpoenas akin to the protections journalists currently have under many state shield statutes.
Dubbed the "Free Flow of Information Act of 2009," Senators Specter, Schumer, Lugar, and Graham introduced S. 448 last Friday. The bill mirrors H.R. 985, which was also ... Read More
As we reported in December, reporter David Ashenfelter of the Detroit Free Press refused to answer questions about a confidential source during his deposition in a civil lawsuit. The move was noteworthy because Ashenfelter, who was not a party in the lawsuit, invoked the Fifth Amendment privilege against self-incrimination in refusing to give testimony. His earlier attempt to protect his source under the First Amendment had been rejected by the federal judge presiding over the case.
The grounds for Ashenfelter's invocation of the Fifth Amendment ... Read More
A bill introduced this session in the North Carolina General Assembly would take the regulation of speech on the Internet in a troubling new direction. Indeed, the negative response to Senate Bill 46, introduced by Senator Steve Goss, has spanned the political spectrum, ranging from North Carolina's Civitas Institute, which termed it the "bad bill of the week," to the BlueNC blog. The bill has several components.
First, the bill would criminalize defamatory statement made over the Internet. In particular, the bill declares it to be "unlawful for any person ... Read More
A few months ago, we reported about access to search warrant materials and the Eve Carson case in North Carolina. In the Carson case, the trial court released the search warrant materials under the common-law right of access once the police investigation of Carson’s death had been completed.
In November 2008, the U.S. District Court for the District of Columbia recognized a qualified First Amendment right of access to search warrant materials related to the completed 2001 anthrax attack investigations. Specifically, the district court ordered search warrants materials ... Read More
High-profile criminal investigations and trials frequently set the stage for conflict between the news media, law enforcement agencies, and criminal defendants. While law enforcement reasonably wishes to preserve its ability to successfully investigate and prosecute the case, the media reasonably desires to engage in constitutionally protected newsgathering activities and inform the community about those activities. Of course, the criminally accused want to protect their constitutional right to a fair trial by an impartial jury. One of the issues over which the ... Read More
On January 29, 2009, a panel of the New York Supreme Court, Appellate Division, reversed a trial court’s order denying a motion to dismiss a plaintiff’s libel complaint, holding that the allegedly libelous statements constituted non-actionable opinion. A copy of the decision is linked here.
In Bonanni v. Hearst Communications, Inc., No. 505007 (N.Y. App. Jan. 29, 2009), the plaintiff, a member of the City of Albany Police Department, sued the owner of the Times Union newspaper (actually the Hearst Corporation, not Hearst Communications) over the content of two articles that ... Read More
Archives
- January 2022
- June 2021
- March 2020
- August 2019
- March 2019
- October 2018
- July 2016
- June 2016
- May 2016
- February 2016
- November 2015
- September 2015
- July 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- July 2014
- March 2014
- July 2013
- June 2013
- April 2013
- March 2013
- October 2012
- September 2012
- August 2012
- April 2012
- March 2012
- February 2012
- January 2012
- November 2011
- September 2011
- June 2011
- May 2011
- April 2011
- February 2011
- January 2011
- December 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2006
- February 2006
Recent Posts
- Rethinking Your Cyber Insurance Needs as Your Workplace Evolves
- Data Breach Defense for Educational Institutions
- COVID-19 and the Increased Cybersecurity Risk in a Work-From-Home World
- Like Incorporating Facebook into your Website? EU Decision Raises New Issues
- Lessons Learned: Key Takeaways for Every Business from the Capital One Data Breach
- Will Quick Talks to WRAL About Privacy Issues Related to Doorbell Cameras
- About Us
- Not in My House - California to Regulate IoT Device Security
- Ninth Circuit Says You’re Going to Jail for Visiting That Website without Permission
- Ninth Circuit Interprets “Without Authorization” under the Computer Fraud and Abuse Act
Topics
- Data Security
- Data Breach
- Privacy
- Defamation
- Public Records
- Cyberattack
- FCC Matters
- Reporters Privilege
- Political Advertising
- Newsroom Subpoenas
- Shield Laws
- Internet
- Miscellaneous
- Digital Media and Data Privacy Law
- Indecency
- First Amendment
- Anti-SLAPP Statutes
- Fair Report Privilege
- Prior Restraints
- Wiretapping
- Access to Courtrooms
- Education
- FOIA
- HIPAA
- Drone Law
- Access to Court Dockets
- Access to Search Warrants
- Intrusion
- First Amendment Retaliation
- Mobile Privacy
- Newsroom Search Warrants
- About This Blog
- Disclaimer
- Services