9th Cir.

Appeals court releases its opinion on release of petition signers

Miranda Fleschert | Freedom of Information | Quicklink | October 26, 2009
Quicklink
October 26, 2009

On the heels of a Supreme Court ruling that temporarily blocked the release of the names of people who petitioned to repeal a same-sex marriage law in Washington state, the appeals court has released its rationale for its earlier order to disclose the names.

Court rebuffs state secrets claim in rendition case

Rory Eastburg | Secret Courts | Feature | April 29, 2009
Feature
April 29, 2009

The U.S. Court of Appeals in San Francisco (9th Cir.) yesterday reinstated a lawsuit brought by former detainees who claim they were tortured as part of the Central Intelligence Agency’s “extraordinary rendition" program.

Surfer loses libel lawsuit

Samantha Fredrickson | Libel | Quicklink | March 9, 2009
Quicklink
March 9, 2009

A federal jury in Hawaii ruled in favor of The Surfer's Journal last week in a libel lawsuit that had been brought by a surfboard shaper, according to the Pacific Business News.

Judge: prosecutors mischaracterized record in secret briefs

Rory Eastburg | Secret Courts | Feature | November 4, 2008
Feature
November 4, 2008

A federal judge presiding over the prosecution of Thomas Kontogiannis, a friend of former Congressman Randall "Duke" Cunningham, released a previously-secret brief last week in which he criticized government prosecutors for “mischaracteriz[ing] substantial, relevant portions of the record” in their filings before an appellate court.

The brief was unsealed over vigorous government objections.

Court says Web site not immune under Section 230

Amy Harder | Content Regulation | Feature | April 7, 2008
Feature
April 7, 2008

A federal court of appeals ruling limiting the scope of protection under the Communications Decency Act will not drastically affect online journalism, but the future could still be uncertain, according to lawyers who wrote an amicus brief on behalf of the media.

Court finds presumption of openness in plea documents

Secret Courts | Feature | March 13, 2008
Feature
March 13, 2008

March 13, 2008  ·   A federal appeals court held that documents relating to a secret guilty plea of a drug cartel defendant, including the summary of what he was pleading to, are presumed open, yet ruled that portions of hearings conducted to determine whether to make public or keep sealed those documents are closed.

Swiss bank drops suit against Wikileaks

Alanna Malone | Prior Restraints | Quicklink | March 6, 2008
Quicklink
March 6, 2008

Less than a week after U.S. District Judge Jeffrey S. White lifted an injunction against the whistleblower Web site Wikileaks, the Swiss bank dropped its lawsuit.

Julius Baer and Co. said it reserved the right to pursue its case at a later date in the same court or elsewhere.

Leaks Web site ordered shut down

Corinna Zarek | Prior Restraints | Reaction | February 19, 2008
Reaction
February 19, 2008

Last week a federal judge ordered a Web site that posts leaked material to disable itself entirely before coming back to say it only needed to stop posting certain documents related to a case brought by a Cayman Islands bank.

Openness prevails in federal courts out West -- for now

Gregg Leslie | Secret Courts | Reaction | December 19, 2007
Reaction
December 19, 2007

The Ninth Circuit earlier this week issued an opinion with what seemed like a pretty straightforward reading of the current state of access law: before a criminal proceeding can be closed to the public and the news media, a judge must find that there is a compelling interest to do so, and that the amount of closure is "narrowly tailored" to satisfy that interest.

Court denies FOIA request for 40-year-old CIA briefings

Freedom of Information | Feature | September 7, 2007
Feature
September 7, 2007

Sep. 7, 2007  ·   A federal appeals court ruled Tuesday that daily intelligence briefings provided to President Lyndon B. Johnson more than 40 years ago can still be withheld from the public.