Briefs & Comments

  • March 6, 2017

    The Reporters Committee filed an amicus brief in this Supreme Court case to underscore the importance of the First Amendment right of access to jury selection proceedings, known as voir dire. The case involves an ineffective assistance of counsel claim, where the defendant's counsel failed to object to closure of voir dire, a structural error under the Sixth Amendment. Our brief argued that prejudice should be presumed because denying the public access to jury selection is a fundamental violation of a First Amendment.

  • February 7, 2017

    A Gizmodo Media Group attorney was denied access to a court hearing and filings in O'Reilly v. McPhilmy (involving a fraud action brought by Bill O'Reilly against his ex-wife tied to their divorce and custody proceedings). The court sealed the records and closed the courtroom without making the necessary findings on the record. Gizmodo Media sought an appellate order for the immediate release of the transcript from the hearing that was closed. The Reporters Committee filed an amicus brief agreed with Gizmodo that closing the doors to the court and maintaining a seal on the materials at issue here without any written findings violated both the First Amendment and New York’s statutory right of access.

  • October 28, 2016

    The Reporters Committee filed an amicus brief in the Second Circuit with 26 media organizations arguing that details of an auditor’s report of HSBC Bank should be public. The auditor reports the bank’s compliance with a deferred prosecution agreement, as part of which HSBC agreed to pay $1.9 billion for money laundering. The brief argued that there is an overwhelming public interest in access to court documents involving newsworthy material, and that unsealing the monitor’s report will serve the vital functions of discouraging government misconduct and promoting informed public discourse.

  • March 30, 2016

    After media organizations received copies of a police shooting video because the federal district court would not stay its order pending appeal, the City of Gardena appealed to the Ninth Circuit, arguing that in such cases a stay should be automatic. In our amicus brief, we argued that the current standard for imposing a stay was sufficient; no stay should be allowed if the party cannot show there is an irreparable injury that is more important than the public interest at stake. The public interest in seeing exactly what happened in a police shooting, particularly where police paid a settlement with the express purpose of keeping the video secret, is overwhelming in this case, the brief argued.

  • March 22, 2016

    Courthouse News Service (CNS) has asked the U.S. District Court for the Central District of California to grant a motion for summary judgment in a case CNS filed against the Ventura County Superior Court over policies the court instituted that delay access to newly filed civil complaints. As part of its business model, CNS has a team of reporters that regularly review and report on complaints the day they are filed. CNS’s ability to inform the public about important judicial actions is hindered when its reporters cannot access complaints in a timely manner. The Reporters Committee and 12 other media organizations, writing in support of CNS's motion for summary judgment, argued that a First Amendment right of access attaches to civil complaints immediately upon the document’s submission to the court. Additionally, the Reporters Committee stressed that timeliness is a fundamental element of newsworthiness.

  • November 18, 2015

    James Stackhouse, a criminal defendant appealing his conviction, is seeking review by the U.S. Supreme Court on the issue of “[w]hether a criminal defendant’s inadvertent failure to object to a courtroom closure is an ‘intentional relinquishment or abandonment of a known right’ that affirmatively waives his Sixth Amendment right to a public trial, or is instead a forfeiture, which does not wholly foreclose appellate review.” In an amicus brief in support of the importance of open court proceedings, the Reporters Committee argued that the nearly identical First and Sixth Amendment rights of access to judicial proceedings require trial courts to independently examine whether closure is warranted, regardless of whether the defendant objects.

  • September 24, 2015

    BuzzFeed has asked the Supreme Court of Missouri to review a trial court judge’s decision to seal the jury list in the high profile criminal case against Michael L. Johnson, accused of recklessly transmitting the HIV virus. The Reporters Committee for Freedom of the Press submitted amicus suggestions in support of BuzzFeed’s petition. In the amicus suggestions, the Reporters Committee argued that jury lists are presumptively open under the First Amendment and that their closure can be justified only upon a showing of a compelling governmental interest. The Reporters Committee further argued that providing the press with access to jury lists increases public confidence by ensuring that the judicial process is conducted in the open and by exposing potential corruption.

  • July 24, 2015

    Prosecutors sought a broad gag order against Matthew Clendennen, one of more than 100 motorcycle riders arrested after a May shootout outside a restaurant in Waco, Texas, in which 9 people were killed and 18 injured. The court granted an order preventing all attorneys, their staff, law enforcement, and witnesses who have given statements to law enforcement from talking to the media about Clendennen's case. Clendennen appealed, and an amicus coalition led by the Reporters Committee argued that the gag order violated both the First Amendment and the Texas constitution because it was overbroad and vague. The trial court had made no findings that the news coverage of the incident was inflammatory or prejudicial, focusing instead on the quantity of news coverage.

  • June 15, 2015

    The Washington Post sought access to a sealed summary judgment motion and a sealed opinion granting summary judgment in a civil case in the District of Columbia Superior Court. The civil case was filed by a couple whose children were removed from their home on suspicion of child abuse. A family court later found no reason to suspect abuse, and the children were returned to the home. The Caplans later sued the Family Services Agency for negligent and malicious conduct, and the court denied public access to the case. The Post appealed to the D.C. Court of Appeals.

  • May 12, 2015

    The Reporters Committee and 28 other media organizations filed an amicus brief in support of an appeal of the denial of access to information from the Eric Garner grand jury investigation in Long Island, N.Y. The New York Post, along with a coalition of public interest groups that included the NYCLU, Legal Aid Society, the NYC Public Advocate and the Staten Island branch of the NAACP, petitioned for release of documents, transcripts, videos, photos, and other materials from the grand jury. Garner was killed when NYPD officers used a chokehold on him on July 17, 2014. The New York trial court ruled that none of the petitioners had articulated a "compelling and particularized need" for the material. On appeal, the Reporters Committee amicus brief argued that the public interest was best served by disclosing the grand jury materials in this case.

  • March 27, 2015

    The Washington Post sought access to completed jury questionnaires in the criminal trial of former Virginia governor Robert F. McDonnell and his wife in the U.S. District Court for the Eastern District of Virginia. The district court released the completed questionnaires, but with names and juror numbers redacted, making it impossible for the public to know which questionnaires corresponded with empaneled jurors. The Washington Post filed a petition for a writ of mandamus in the Fourth Circuit, seeking an order directing the district court to identify which questionnaires were completed by seated jurors. The Reporters Committee and 22 media organizations filed an amicus brief, arguing that the First Amendment provides a presumptive right of access to juror questionnaires, which are merely a written form of oral voir dire, which is presumptively open to the public. The brief argues that the right of access includes the right to identify which questionnaires match with seated jurors.

  • March 5, 2015

    Independent journalist Johnny Dwyer sued to unseal case documents in a criminal proceeding against a John Doe defendant who pleaded guilty to terrorism-related charges. The Eastern District of New York granted a motion to close the courtroom and to seal all case documents. The sealing order was itself sealed. Dwyer intervened and sought to unseal the record. The district court denied the motion to unseal. Dwyer appealed to the Second Circuit.

  • February 20, 2015

    Donald Blankenship was charged with conspiracy to violate federal mine safety and health standards and securities fraud, among other things, stemming from the Upper Big Branch mine explosion in 2010, which killed 29 people. Immediately following the indictment, a federal judge ordered the parties, attorneys, witnesses, families of victims and others from making any statements to the media, and restricted all access to filings in the case. A coalition of media outlets, including The Wall Street Journal, The Associated Press, National Public Radio, and the Charleston Gazette, intervened to overturn the restrictive orders, but the judge denied the request and found that news coverage was sufficiently likely to prejudice Blankenship’s right to a fair trial. The media intervenors appealed to the Fourth Circuit.

  • November 7, 2014

    Courthouse News Service (CNS) filed a federal lawsuit against a California state superior court for delaying access to newly filed unlimited civil complaints for days or weeks. CNS argued that the First Amendment provides a right of access to civil complaints that attaches immediately upon filing, and its reporters should be able to inspect newly filed civil complaints the day they are filed. A federal district court granted the defendant-court's motion to dismiss, finding that the type of access requested was not required under the First Amendment. The Reporters Committee and 25 other media organizations argued that a First Amendment right of access attaches to civil complaints when they are filed. The brief argued that the public has a right to know what matters are occupying space on court dockets and consuming public resources, and that complaints reveal a wealth of information about how citizens use the judicial branch.

  • October 24, 2014

    A 19-year-old American, Mohammed Hamzah Khan, was arrested as he tried to fly from the United States to Turkey (ultimately to go to Iraq or Syria), and he was charged with attempting to provide material support to terrorist organizations. The government moved to have Khan's detention hearing closed to the public, because privacy interests of third-party minors would be implicated. The government filed its motion and brief under seal, so the precise justification to close the hearing was unknown. The Reporters Committee wrote a letter to express concern about closing the detention hearing, arguing that there is a well-established First Amendment right of access to preliminary proceedings in criminal cases, which may only be overcome by an overriding interest based on findings that closure was essential to preserve higher values and was narrowly tailored to serve that interest.