Appeals court agrees with Reporters Committee brief, finding First Amendment must be weighed in any official restriction on media

The U.S. Court of Appeals in San Francisco (9th Cir.) has ordered a trial court to reconsider its decision that a photographer’s First Amendment rights were not violated when she was prohibited from photographing the roundup of wild horses on federal land in Nevada.

The Appeals Court decision reflected the argument in a friend-of-the-court brief filed by the Reporters Committee and the National Press Photographers Association that the lower court did not properly weigh the First Amendment implications of government’s actions restricting Horseback Magazine photojournalist Laura Leigh’s access to the horse roundups, where there had been allegations of animal mistreatment.

“A court cannot rubber-stamp an access restriction simply because the government says it is necessary,” the appeals court said. “By reporting about the government, the media are surrogates for the public. When wrongdoing is underway, officials have great incentive to blindfold the watchful eyes of the Fourth Estate. If a government agency restricts public access, the media’s only recourse is the court system. The free press is the guardian of the public interest, and the independent judiciary is the guardian of the free press. Thus, courts have a duty to conduct a thorough and searching review of any attempt to restrict public access.”

The appeals court remanded the case to the trial court to decide whether the public has a First Amendment right of access to horse gathers and, if so, whether the viewing restrictions are narrowly tailored to serve the government’s overriding interests.

“Any government limitation of newsgathering, particularly on federal land, must carry with it the highest levels of scrutiny to ensure that First Amendment rights are not restricted any more than absolutely necessary,” said Reporters Committee Executive Director Lucy A. Dalglish. “We are very pleased that the Appeals Court ordered a second, closer look at whether these access restrictions went too far.”

The three-judge Court of Appeals panel also found that the issue of Leigh’s right to witness the Bureau of Land Management’s Silver King wild horse gather was not moot because her request applied to all future horse gathers at Silver King.

For more on Leigh v. Salazar, read the Reporters Committee’s report.

About the Reporters Committee for Freedom of the Press

Founded in 1970, the Reporters Committee for Freedom of the Press offers free legal support to thousands of working journalists and media lawyers each year. It is a leader in the fight against persistent efforts by government officials to impede the release of public information, whether by withholding documents or threatening reporters with jail. In addition to its 24/7 Legal Defense Hotline, the Reporters Committee conducts cutting-edge legal research, publishes handbooks and guides on media law issues, files frequent friend-of-the-court legal briefs and offers challenging fellowships and internships for young lawyers and journalists. For more information, go to www.rcfp.org, or follow us on Twitter @rcfp.