Category
Prior Restraint

Former Defense Secretary Files Prior Restraint Suit Against the Department of Defense

On November 28th, Mark Esper, who served as the defense secretary during the Trump administration, filed a lawsuit against the Department of Defense (DoD) in the U.S. District Court for the District of Columbia. In his complaint, Esper says the DoD has “unlawfully imposed a prior restraint upon Mr. Esper by delaying, obstructing and infringing on his constitutional right to publish his unclassified manuscript entitled ‘A Sacred Oath’.”

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Judge Issues First Prior Restraint Against NY Times in 50 Years

On November 18th, a Supreme Court judge for Westchester County issued a temporary prior restraint against The New York Times brought by Project Veritas, a conservative organization founded by political activist James O’Keefe. The prior restraint arises from a November 11th article in The Times about a Justice Department investigation into Project Veritas’s reporting methods, including its possible involvement in the theft of a diary belonging to President Joe Biden’s daughter.

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The Pentagon Papers Case—David Rudenstine on its Meaning a Half Century Later

"The Pentagon Papers case affirms fundamental values and principles. Truth matters— facts matter. The role of the press in the American governing scheme is to serve the 'governed' and not the 'governors.' The protection of a 'cantankerous press, an obstinate press, a ubiquitous press' is essential to a vibrant and strong American democracy. That is the profound and enduring meaning of the case," Cardozo Law Professor David Rudenstine writes.

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fourth circuit

Fourth Circuit Revives Court Access Lawsuit in Maryland

The Fourth Circuit just revived a lawsuit challenging a Maryland statute that prohibits individuals from broadcasting courtroom audio transcripts. Says "lawfully obtained recordings cannot constitutionally be punished ‘absent a need to further a state interest of the highest order.'"

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Bolton Memoir

DOJ Abandons Pre-Publication Review Lawsuit Against John Bolton

The Department of Justice has dropped lawsuit against former National Security Adviser John Bolton over his memoir, “The Room Where It Happened.” The agency originally claimed the memoir contained confidential information, and had requested a court order blocking the publisher from distributing copies of the book.

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Three-Judge Panel Vacates Injunction; Reduces Limitations on Circulation of 3D-Printed Gun Files

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction concerning 3D-printed gun files on April 27th. The injunction, which had been granted by U.S. District Court Judge Robert Lasnik in March of 2020, stopped agency rule changes instituted during the Trump administration from being carried out.

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Yearbook Censorship

New Jersey School District To Pay Teacher $325,000 in Student Yearbook Case

A New Jersey school district agreed to pay $325,000 to a teacher as part of a settlement after the teacher sued the district for emotional distress and imposing an unconstitutional gag order on her speech. She claims the school spread a false story that she altered students' photographs to remove Trump slogans from their clothing.

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Westside Wired

Nebraska Student Journalists Challenge School’s Prior Review Policy

For almost 50 years, the Westside Wired, Westside High School's student newspaper, has been a leading example in independent, timely hard-hitting student journalism. Now, students say a new prior review policy is threatening that legacy.

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