Dissenting opinion

A Virginia appellate court avoided deciding if a newspaper had a right of access to trial exhibits in a child murder case, despite a dissenting judge’s opinion that a procedural issue should not have barred a ruling that sealing the records violated the media’s First Amendment rights.

The Illinois Eavesdropping Act, one of the broadest restrictions on audio recording nationwide, is likely unconstitutional and may not be enforced against the American Civil Liberties Union of Illinois when it records conversations of police officers openly engaged in their public duties, a federal appellate court ruled today.

A trial court erred when it did not weigh the First Amendment rights of a photojournalist trying to photograph a roundup of wild horses against the government’s interest in restricting her access and newsgathering rights, a federal appeals court ruled today.

A federal appeals court recently upheld the constitutionality of a controversial law that criminalizes lying about the receipt of military honors, just weeks before the U.S. Supreme Court will consider a case that struck down the statute.