Category
Prior Restraint

Are Newsprint Tariffs Repressing A Free Press?

The U.S. International Trade Commission is considering whether to permanently institute a 30 percent tariff on newsprint from Canada, the largest source for US newspapers. In light of recent layoffs at the New York Daily News and many other newsrooms tapering their staff and product, how will this looming tariff threaten the operation and publication of newspapers of all sizes across the country?

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Los Angeles Times Building

Judge Lifts Order On The Los Angeles Times To Alter News Story

The First Amendment has always been seen as providing, at a very minimum, freedom from censorship by the government or by a private party acting through an injunction issued by a judge. The Los Angeles Times will rely on this argument as it fights a court order that required it to take down part of a published piece on Saturday.

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Martini

It’s Happy Hour Somewhere: Lawsuit Challenging Happy Hour Ad Restrictions Will Proceed

  Chef Geoff Tracy can move ahead with his lawsuit against Virginia’s Alcoholic Control Board seeking to weaken happy hour […]

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confidential stamps

Did White House Staff Sign Away Their First Amendment Rights?

The Washington Post reports that senior White House staffers in President Trump's administration were asked to sign long-term nondisclosure agreements which would prevent them from revealing confidential information. These agreements extended beyond the normal confidentiality obligations around classified information or attorney-client privilege and included fines if they were broken. What exactly is the law that would govern NDAs? Heidi Kitrosser of the University of Minnesota told Reuters that “These NDAs strike me as clearly unconstitutional under the First Amendment” because the First Amendment protects free speech from government restriction, and White House personnel are employed by the government not by President Trump. This is not absolute in all cases. In Garcetti v. Ceballos (2006), the U.S. Supreme Court ruled public employees can be fired or otherwise disciplined for speech connected to their jobs. Several scholars suggested that President Trump does not need NDAs at all - he can just fire employees who have divulged confidential information.

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Scale of justice

Ballard Spahr: Arizona Court of Appeals Declares Trial Court’s Media Restrictions Unconstitutional

Reprinted with Permission from Ballard Spahr The Arizona Court of Appeals issued a unanimous opinion late last month reaffirming the strict requirements […]

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Book cover jacket of Fire and Fury

Can President Trump Stop “Fire and Fury: Inside the Trump White House” From Being Published?

“Fire and Fury: Inside the Trump White House” went on sale on Friday.  On Monday, a lawyer for Henry Holt […]

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Iowa Judge Who Told Des Moines Register to Stop Story Publication Reverses His Own Order

Iowa Supreme Court Justice David Wiggins reversed his prior restraint order, allowing the Des Moines Register to publish its piece […]

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Laptop

Judge Refuses to Enforce Prior Restraint Against EFF

November 17, 2017: Federal Judge Says Australian Court Cannot Tell US-based EFF To Take Down Article A federal judge ruled […]

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