Urging the U.S. Supreme Court to hear a case that would decide when those expressing their First Amendment rights may be protected from overreaching grand jury subpoenas and when secrecy is tolerated in proceedings ancillary to the grand jury process
Comments by the Reporters Committee on the draft recommendations by California's Bench-Bar-Media Committee on various issues, including camera access to courts, gag orders, and the sealing of judicial documents.
Urging the Maryland Court of Appeals to hold that police internal investigatory records regarding allegations of racial profiling are not "personnel" records under the Maryland Public Information Act subject to withholding and must be disclosed to the public upon request.
Urging the U.S. Supreme Court to reject a broad reading of Exemption 2 under the federal Freedom of Information Act, commonly known as a "High 2" exemption, that has been accepted by some courts and rejected by others.
Urging the Colorado Supreme Court to hold that Governor Bill Ritter's personal cell phone call log records that document communications regarding state business are subject to disclosure under the Colorado Open Records Act.
Urging the U.S. Supreme Court to uphold the principle that intrusion and intentional infliction of emotional distress claims should not be allowed where the harm is based upon the publication of controversial speech about matters of public concern.
Elena Kagan has worked on free-speech and free-press issues more than any recent high court nominee, but her writings tend to explore the underpinnings of current doctrines and standards, rather than argue for or against any particular approach. She has also expressed skepticism with how workable the “actual malice” libel standard and a reporter’s privilege are, and whether those standards need to be reworked.
Urging the Supreme Court of Appeals of West Virginia to find that the state's freedom of information act does not require public records to have been physically "prepared" by the public body in the first instance, and thus to order the clerk to release the signatures on a voter referendum petition.
Urging the Supreme Court of Texas to hold that the common law privacy exemption to the Texas Public Information Act does not apply to public employee dates of birth, and arguing that date of birth information is vitally important to accurately monitoring the actions of public officers and their employees.