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NEWS MEDIA UPDATE U.S. · March 19, 2010 · Freedom of information
Federal Reserve must give Bloomberg bailout records
A federal appeals court ruled on Friday that the Federal Reserve Board must hand over records about its $2 trillion emergency lending program that were requested by Bloomberg LP in a Freedom of Information Act lawsuit.
A three-judge panel of the U.S. Court of Appeals in New York City (2nd Cir.) upheld a lower court's decision to release the documents, rejecting the Fed's argument that the records could be withheld due to a FOIA exemption that protects trade secrets. To qualify for a trade-secret exemption, information must confidential commercial or financial in nature that is obtained by a public or private organization or person.
"The court really focused on the requirement in FOIA that the information in question has to be obtained by the government from a private party [to qualify for an exemption]," said Wilkie Farr & Gallagher partner Thomas Golden, who represented Bloomberg in the lawsuit.
Though the requested records were financial in nature -- they detailed institutions that accepted funds in the unprecedented government bailout of the banking . . . [more]
— Amanda Becker, 6:20 pm · Comments: 0
NEWS MEDIA UPDATE Florida · March 19, 2010 · Secret courts
Florida high court expands access in criminal cases
The Florida Supreme Court on Thursday extended a ban on secrecy in civil court cases to criminal proceedings.
The amended rules were prompted by controversial reports in local newspapers that said prosecutors were altering public dockets to cover up the felony convictions of informants, the Broward Bulldog reported. The reports led to a 2007 rule change that prohibited secret dockets in civil cases -- the most recent rule amendments extended the ban to criminal and appellate cases, which now must have case numbers available to the public even if other information is sealed.
Carol LoCicero, a partner at Thomas & LoCicero and board member of The First Amendment Foundation, said the changes establish a limited number of categories of information that is automatically withheld from the public.
"It's a victory for access if you put it in the context of how far we have come," LoCicero said.
There are now 19 categories of information -- including adoption records, Social Security numbers and juvenile delinquency . . . [more]
— Curry Andrews, 5:53 pm · Comments: 0
QUICKLINK North Carolina · March 19, 2010 · Reporter's privilege
North Carolina judge quashes media subpoena in murder trial
A federal judge in North Carolina said that the state's media outlets will not have to turn over more than two years' worth of stories and reader comments about a murder in response to a subpoena from the accused killer, The Newsroom Law Blog reported.
Defendant Demario James Atwater, who is accused of killing a Chapel Hill, N.C., woman in 2008, had requested his trial be moved to Virginia and asked for media reports about the crime to show . . . [more]
— Christine Beckett, 5:17 pm · Comments: 0
NEWS MEDIA UPDATE Washington, D.C. · March 19, 2010 · Freedom of information
Members of House hear testimony about FOIA progress
Journalists, government representatives and Freedom of Information Act experts testified before members of the House Committee on Oversight and Government Reform on Thursday about FOIA compliance and reform.
The hearing, which was chaired Rep. Wm. Lacy Clay, D-Mo., was the latest Sunshine Week event that highlighted the disparity that still exists between the transparency the government believes it has achieved and the progress public records requesters say is still needed.
Members of the first panel included Miriam Nisbet, the director of the newly established Office of Government Information Services, and Melanie Pustay of the Office of Information Policy. Both testified about the progress their offices had made in fulfilling President Obama's Open Government Directive, which told federal agencies to increase transparency.
The second panel, which included academic experts and transparency advocates who routinely file FOIA requests, was less optimistic. Tom Fitton, the president of . . . [more]
— Christine Beckett, 5:14 pm · Comments: 0
QUICKLINK Washington · March 19, 2010 · Libel
Washington strengthens state anti-SLAPP protections
An enhanced version of a Washington state law that protects individuals against frivolous lawsuits intended to quash critical speech was signed by Gov. Chris Gregoire on Thursday.
The amended anti-SLAPP statute, which is intended to discourage Strategic Lawsuits Against Public Participation, will cover more types of . . . [more]
— Cristina Abello, 5:12 pm · Comments: 0
QUICKLINK U.S. · March 18, 2010 · Freedom of information
Obama says he will veto intelligence bill if too transparent
President Obama warned House Democrats this week that he will veto the intelligence authorization bill if it includes provisions intended to increase transparency within the CIA, The Hill reported.
It is the second time the White House has told the House Intelligence Committee that it will not support a version of the legislation that increases Congressional oversight of intelligence activities. The current draft of the bill would give the Government Accountability Office . . . [more]
— Amanda Becker, 5:00 pm · View reader comments (2)
QUICKLINK Kansas · March 18, 2010 · Reporter's privilege
Kansas senate committee approves reporter shield legislation
The Kansas Senate Judiciary Committee today agreed to send shield legislation to the state Senate floor for consideration.
The bill, SB 211, would protect journalists from having to disclose confidential sources or unpublished notes. It was originally written by state Sen. Derek Schmidt and had bipartisan sponsorship. Main features of the legislation include a test for compelling disclosure of privileged information.
A party seeking disclosure must show that the information is (1) material and relevant to the controversy for which the disclosure is sought; (2) could not be . . . [more]
— Cristina Abello, 4:21 pm · Comments: 0
QUICKLINK International · March 18, 2010 · Libel
German court claims jurisdiction in lawsuit against American author
One of Germany's highest appellate courts this month ruled that the country’s courts have long-arm jurisdiction over an American author and newspaper because the article was viewed on the Internet in Germany.
The case began nearly a decade ago when New York . . . [more]
— Cristina Abello, 2:56 pm · Comments: 0
QUICKLINK Georgia · March 18, 2010 · Freedom of information
Georgia House passes bill to exempt crime photos from release
The Georgia House of Representatives unanimously passed legislation Tuesday that will exempt crime scene photos depicting a victim’s dismembered body or exposed genitalia from the state's Open Records Act, the Rome News-Tribune reported.
The bill, which passed with a 163-0 vote, was introduced last week in response to a request by . . . [more]
— Nadia Tamez-Robledo, 2:54 pm · Comments: 0
QUICKLINK Washington, D.C. · March 17, 2010 · Secret courts
Federal courts improve public access to documents
The Judicial Conference of the United States has approved measures to make federal court documents and courtroom audio recordings more accessible to the general public, the Blog of the Legal Times reported.
Conference members voted on Tuesday to increase the number of free documents available on PACER, the online access site for federal court documents, and expand a pilot program that provides digital audio recordings of court proceedings. Any person can now obtain $10 worth . . . [more]
— Mara Zimmerman, 5:34 pm · View reader comments (2)
QUICKLINK Michigan · March 17, 2010 · Reporter's privilege
Michigan prosecutor wants reporter and law students to testify
A Michigan prosecutor working on the retrial of a murder defendant filed a witness list earlier this month that included a reporter for The Orange County Register and seven law students, the Detroit Metro Times reported.
California journalist Peggy Lowe attended interviews between the defendant and his student attorneys at the University of Michigan law school's Innocence Clinic. Lowe was in Michigan last year participating in the university’s journalism fellowship program. The student attorneys . . . [more]
— Cristina Abello, 5:29 pm · Comments: 0
QUICKLINK Florida · March 17, 2010 · Freedom of information
Florida leaders halt state effort to ban release of 911 recordings
A measure to make all emergency dispatcher recordings private in Florida was sidelined on Monday when a state legislator revoked his support, The Miami Herald reported.
When the bill was approved by an initial House committee last week, it had the support of House Speaker Larry Cretul. Cretful then decided to "take a breather on the issue" after speaking with colleagues and media representatives. His decision came on the first day of national Sunshine . . . [more]
— Curry Andrews, 5:24 pm · Comments: 0
QUICKLINK Ohio · March 17, 2010 · Reporter's privilege
Ohio reporter avoids jail after confidential source steps foward
An Ohio county judge rescinded an arrest warrant for a local reporter after his confidential source revealed himself today, The Plain Dealer reported.
An arrest warrant was issued yesterday after Plain Dealer reporter Gabriel Baird failed to appear in court to reveal the source that provided him with a 2005 psychiatric report of a man accused of murdering 11 women. The report claimed . . . [more]
— Christine Beckett, 5:20 pm · Comments: 0
QUICKLINK 4th Cir. · March 17, 2010 · Newsgathering
Appeals court rejects ban on airport news racks
A federal appeals court ruled Monday that a North Carolina airport violated the First Amendment rights of newspapers when it banned newspaper racks in its terminals, Editor & Publisher reported.
In a 2-1 vote, a panel of justices at a U.S. Court of Appeals in Richmond (4th Cir.), rejected arguments by the Raleigh-Durham Airport Authority that the racks were a security threat, obstructed traffic and caused terminal stores to lose money in newspaper . . . [more]
— Nadia Tamez-Robledo, 5:19 pm · Comments: 0
QUICKLINK U.S. · March 17, 2010 · Freedom of information
Obama's first year transparency record receives mixed reviews
High-ranking officials within the Obama administration marked Sunshine Week by touting strides the administration has taken to increase government transparency, but open-government advocates used the weeklong event to point out areas where transparency efforts still fall short.
Attorney General Eric Holder spoke to Freedom of Information Act officials at the Justice Department about the shift towards a presumption of openness. Norm Eisen, special counsel to the president on . . . [more]
— Christine Beckett, 5:16 pm · View reader comments (1)
QUICKLINK New Mexico · March 16, 2010 · Secret courts
New Mexico Supreme Court adopts new rules for sealing records
The New Mexico Supreme Court has adopted a uniform set of rules that will dictate when court records can be sealed, including a presumption that the records are public, the El Defensor Chieftain reported.
Beginning on July 1, records that are not automatically sealed by statute can only be sealed by court order. Specific identifying information, like Social Security numbers, will be . . . [more]
— Christine Beckett, 4:06 pm · View reader comments (1)
QUICKLINK Washington, D.C. · March 15, 2010 · Freedom of information
Senators commemorate Sunshine Week with FOIA bill
Senators Patrick Leahy, D-Vt., and John Cornyn, R-Texas, introduced legislation today that would streamline the request and fee processes of the Freedom of Information Act. The bill was introduced on the first day of Sunshine Week, a six-year-old national movement to promote the importance of open government.
The Faster FOIA Act would establish an advisory panel to examine agency backlogs in processing FOIA requests and making recommendations to improve the process.
— Posted at 6:39 pm · Comments: 0
NEWS MEDIA UPDATE U.S. · March 12, 2010 · Freedom of information
States push to exempt 911 calls from records laws
A decade ago, reporters could expect to have access to 911 calls to file accurate stories, gain insight into crimes and monitor emergency response time -- but more and more states are pushing for that to change.
Alabama, Ohio, Wisconsin and Florida are among the states that have proposed legislation to limit the media's access to emergency-call recordings. The specifics of the bills are different but the intentions are the same. Open-government advocates say the trend is a worrying shift away from transparency.
"By examining 911 calls we can see how the public agencies are doing," said David Hudson from the First Amendment Foundation. "If you close those records, the public certainly loses the ability to monitor government agencies."
Alabama's bill calls for all 911 recordings to be private and exempt from freedom-of-information laws unless a court order is issued. Transcripts could still be obtained. The bill's proponents say it would protect the privacy of individuals who may otherwise be deterred from calling 911.
"Nationally there is a growing concern about the release of audiotapes that don't involve newsworthy . . . [more]
— Curry Andrews, 3:45 pm · View reader comments (2)
QUICKLINK Georgia · March 11, 2010 · Freedom of information
Georgia rushes to pass crime photo exemption to records law
Hustler magazine's request for photos of a slain hiker has prompted a push by Georgia lawmakers to quickly pass a bill that would block the release of certain crime scene photos without the permission of the deceased individual's family or a court order, The Chattanooga Times Free Press reported.
The state's House Committee on Government Affairs passed the Meredith Emerson Memorial Privacy Act unanimously on Wednesday, just one day after it was introduced and just . . . [more]
— Nadia Tamez-Robledo, 6:52 pm · Comments: 0
QUICKLINK Illinois · March 11, 2010 · Reporter's privilege
Students' key evidence excluded from defendant's new trial
An Illinois man who has spent more than 30 years in prison on a murder charge will receive a new trial — but his attorneys won't use some of the strongest evidence that supports his innocence because of a controversy that pitted prosecutors against the student journalists who uncovered it.
Northwestern students working with the Medill Innocence Project cast doubt on the conviction of Anthony McKinney, who was convicted of killing a security guard, by obtaining evidence that included statements from two witnesses who suggested others were responsible for the . . . [more]
— Cristina Abello, 6:10 pm · Comments: 0
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