1st Cir.

Moloney v. Holder

December 19, 2012

Boston College researchers Ed Moloney and Anthony McIntyre are appealing a First Circuit appellate court decision dismissing their challenge of a subpoena seeking confidential interviews the pair conducted with members of the Irish Republican Army and other members of paramilitary and political organizations involved in the "Troubles" in Northern Ireland. The First Circuit concluded that while the scholars had standing to raise a constitutional challenge the subpoenas, they failed to state a First Amendment claim entitling them to relief. We urge the U.S.

McFadyen v. Duke University

November 2, 2012

Book author and blogger Robert David Johnson is appealing a U.S. Magistrate Judge's opinion denying his request to quash a subpoena from Duke University seeking confidential, non-published communications between himself and several former Duke lacrosse players and their attorneys. Johnson began writing a blog concerning the fallout from a spring 2006 incident in which a stripper hired to perform at an off-campus house party accused several of the players of rape. Duke is facing civil suits from the former players.

Federal appeals court rejects academic researchers' reporter's privilege defense

Emily Miller | Reporter's Privilege | News | July 9, 2012
News
July 9, 2012

The First Amendment-based reporter's privilege does not extend to a pair of academic researchers working on an oral history project for a Massachusetts university, the U.S. Court of Appeals in Boston (1st Cir.) ruled Friday.

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.

First Circuit hears oral argument in Boston College subpoenas case

Chris Healy | Reporter's Privilege | News | April 5, 2012
News
April 5, 2012

Promises of confidentiality made to compile an oral history of "The Troubles" in Northern Ireland must be upheld by the court to protect the participants, even though the British government says the records contain information about the murder of a mother of ten, according to parties fighting subpoenas in oral arguments before a federal appellate court yesterday.

Dominican sugar executives are public figures, court rules

Chris Healy | Libel | Feature | December 13, 2011
Feature
December 13, 2011

Two sugar-cane plantation owners from the Dominican Republic must satisfy a higher standard reserved for public figures if they are to prevail in a libel suit against American filmmakers who made a documentary critical of the Caribbean nation's sugar industry, a federal court of appeals has ruled.

First Circuit won't allow Webcast in file-sharing case

Kathleen Cullinan | Newsgathering | Feature | April 17, 2009
Feature
April 17, 2009

The U.S. Court of Appeals in Boston (1st Cir.) has overturned a federal judge's order that a hearing in an illegal file-sharing case may be streamed live over the Internet.

Oral arguments held over proposed Webcast in filesharing case

Kathleen Cullinan | Content Regulation | Quicklink | April 8, 2009
Quicklink
April 8, 2009

The Globe has a report on oral arguments today in the U.S. Court of Appeals in Boston (1st Cir.) over whether a federal judge was right to approve live Webcast of a hearing in an illegal filesharing case.

First Circuit rules that truth can be libelous

Samantha Fredrickson | Libel | Feature | February 19, 2009
Feature
February 19, 2009

Truth is no longer a defense in some private-figure libel cases in Massachusetts where the "ill will" of the speaker is established -- at least according to a federal appellate opinion issued last week. The court was interpreting Massachusetts state law, not federal law.

Court: FBI did not violate reporters' rights to gather news

Corinna Zarek | Newsgathering | Feature | June 20, 2008
Feature
June 20, 2008

The First Amendment rights of reporters covering a February 2006 Federal Bureau of Investigation raid at a prominent Puerto Rican activist's home were not violated when agents allegedly pushed, hit and pepper sprayed them, a federal appeals court ruled Thursday.