Motion to dismiss

A request to find that the plaintiff's claim is defective -- for example, on the basis that the claim is one for which there is no legal remedy.

Justice issues letter supporting photojournalist arrested for taking pictures of police

Lilly Chapa | Newsgathering | News | March 7, 2013
News
March 7, 2013

The Department of Justice issued a rare letter supporting the constitutional rights of a photojournalist suing Montgomery County, Md., police officers who arrested him for taking their pictures while on duty.

The Justice’s Statement of Interest issued Monday urges the U.S. District Court for the District of Maryland to uphold citizens’ constitutional rights to record police officers in their public capacity without being arrested or having the recordings unlawfully seized.

OWS protester argues that First and Fourth Amendments apply to tweets

Lilly Chapa | Reporter's Privilege | News | October 9, 2012
News
October 9, 2012

An Occupy Wall Street protester is challenging a court’s decision requiring his tweets to be handed over to New York prosecutors, arguing that his First and Fourth Amendment rights should apply to tweets like they would to information stored on a personal computer or phone.

Ohio Supreme Court orders unsealing of records in high-profile criminal prosecution

Emily Miller | Secret Courts | News | July 27, 2012
News
July 27, 2012

The Ohio Supreme Court ordered a judge to release all records sealed during the criminal prosecutions of several Mahoning County officials and business owners. The state high court also prohibited the judge from issuing further orders sealing records in the high-profile criminal-conspiracy case.

“We decide this case based on the Rules of Superintendence, which provide for public access to court records,” according to the opinion issued Wednesday.

Dept. of Justice defends public's right to record police activity

Emily Miller | Newsgathering | News | May 17, 2012
News
May 17, 2012

In a battle between the public's First Amendment rights and law enforcement's application of policy, the public recently found an unlikely ally in the U.S. Department of Justice when it submitted a letter to the Baltimore Police Department supporting a citizen's right to record police activity.

Attorney arrested for recording officers in public receives $170,000 in settlement with City of Boston

Haley Behre | Newsgathering | News | March 27, 2012
News
March 27, 2012

A Massachusetts attorney arrested for using his cellphone to record police officers while they arrested a man in public received a $170,000 settlement for damages and legal fees from the City of Boston on Monday.

Trespassing charges against Vt. editor will go to trial

Andrea Papagianis | Newsgathering | Feature | March 6, 2012
Feature
March 6, 2012

A Vermont judge declined to dismiss charges against a newspaper publisher who was charged with criminal trespassing while covering an anti-wind energy protest on Lowell Mountain.