5th Cir.

Reporters Committee praises ruling that Texas Open Meetings Act is constitutional

Press Release | September 25, 2012
September 25, 2012
Reporters Committee praises ruling that Texas Open Meetings Act is constitutional

The Reporters Committee for Freedom of the Press lauded a ruling by the U.S. Court of Appeals in New Orleans (5th Cir.) on Tuesday that upheld the criminal sanction provisions of the Texas Open Meetings Act in the face of a First Amendment challenge.

Court: Criminal sanctions in Texas open meetings law do not violate First Amendment

Aaron Mackey | Freedom of Information | News | September 25, 2012
News
September 25, 2012

A Texas law that permits the imposition of criminal sanctions against elected officials who meet in secret does not violate the First Amendment, a federal appeals court ruled on Tuesday.

Amicus brief in Asgeirsson, et al. v. Texas Attorney General, Greg Abbott and State of Texas

October 27, 2011

Urging the U.S. Court of Appeals for the Fifth Circuit (New Orleans) to hold that the criminal sanction provisions of the Texas Open Meetings Act are not an unconstitutional restraint on government officials' First Amendment rights.

Fifth Circuit expedites journalist's gag order appeal

Derek Green | Secret Courts | Feature | August 12, 2011
Feature
August 12, 2011

The U.S. Court of Appeals in New Orleans (5th Cir.) yesterday granted a Texas journalist's request to expedite his appeal of a gag order issued in the pre-trial proceedings of a Saudi citizen accused of the attempted use of a weapon of mass destruction in the U.S.

Website refuses to pull deposition, despite judge's order

Derek Green | Prior Restraints | Feature | July 8, 2011
Feature
July 8, 2011

Online newspaper The Daily on Wednesday refused to comply with a federal judge’s order to remove from its website video clips of former BP CEO Tony Hayward’s deposition in the ongoing litigation related to the Deepwater Horizon oil spill in the Gulf of Mexico last year. That decision may prove to be vindicated, as the judge today indicated an intent to withdraw the order.

Public sentencing protected by 1st Amendment

Derek Green | Secret Courts | Feature | May 18, 2011
Feature
May 18, 2011

The U.S. Court of Appeals in New Orleans (5th Cir.) ruled on Tuesday that the public and press have a presumptive constitutional right to attend the sentencing of a criminal defendant. The opinion, in Hearst Newspapers, LLC, aligns the Fifth Circuit with several other federal appellate courts that have reached a similar conclusion, and further establishes that a sentencing court must provide the public with notice and an opportunity to be heard before closing a sentencing proceeding.

Texas journalist challenges gag order in terrorism case

Kacey Deamer | Secret Courts | Feature | May 3, 2011
Feature
May 3, 2011

A journalist in Lubbock, Texas, last week asked the U.S. Court of Appeals in New Orleans (5th Cir.) to reverse a trial court gag order issued in the case of a Saudi citizen accused of attempting to bomb various targets, purportedly including the home of former President George W. Bush.

Federal court hears newspaper's appeal of court closure

Derek Green | Secret Courts | Feature | December 10, 2010
Feature
December 10, 2010

The U.S. Court of Appeals in New Orleans (5th Cir.) heard arguments Monday in an appeal brought by Hearst Newspapers LLC challenging the propriety of closing a criminal sentencing hearing without prior notice to the public.

Fifth Circuit upholds public's right to court documents

Daniel Skallman | Secret Courts | Feature | October 22, 2010
Feature
October 22, 2010

A federal appeals court Wednesday ordered the disclosure of a Texas district court ruling that had been filed under seal, highlighting in its written opinion the importance of public access to court proceedings and documents.

Open meetings law stands in 5th Cir.

Corinna Zarek | Freedom of Information | Feature | September 10, 2009
Feature
September 10, 2009

The Texas Open Meetings Act remains good law after withstanding a constitutional challenge by former city council members who asserted the law violated their rights to exchange e-mail messages discussing city business in secret.

After four years of litigation, the U.S. Court of Appeals in Dallas (5th Cir.) dismissed the case today as moot. Although both Alpine, Texas, councilors' terms had ended, Avinash Rangra remained an active plaintiff in the case. Sixteen judges held Rangra lacked the proper standing to sue.