Briefs & Comments

  • November 1, 2016

    The Reporters Committee, joined by 31 news organizations, filed a brief in the Third Circuit in support of two individuals who had been arrested for photographing police officers during arrests. The district court in Philadelphia had held that individuals have no First Amendment right to record officers in public unless they do so to criticize the police. The amicus brief argued that photos and videos provided by citizens and bystandards are valuable to the news media and the public, and taking such images should be encouraged.

  • October 3, 2016

    Plaintiffs Ray Askins and Christian Ramirez sued the Department of Homeland Security to challenge policies of Customs and Border Protection that ban photography at United States ports of entry without advanced permission from CBP. The Reporters Committee filed an amicus brief in support of Plaintiffs, arguing that policies that restrict the news media's ability to photograph or record activity at the US border impinge upon the press's constitutionally protected rights to gather news and report on matters of public concern. We argued that photography and recording are essential elements of reporting on matters of public concern, including those that arise at the border; that strong public policy rationales underlie a First Amendment right to photograph public officials such as CBP officials; and that national security concerns do not provide a compelling interest that justifies the CBP photography policies.

  • September 30, 2016

    A Hungarian journalist at abcug.hu, an online news portal, was denied access to two Hungarian refugee camps. A report by the Hungarian Commissioner for Fundamental Rights described these conditions as amounting to inhuman and degrading treatment. His requests were denied based on the privacy interests of the refugees. The Reporters Committee joined a coalition that intervened in the case, arguing that European Union law allowed journalists to report on important public controversies like this.

  • July 14, 2016

    The Reporters Committee and a coalition of news organizations wrote to the Cleveland mayor and police chief, objecting to the city's policy banning gas masks during protests. We argued that journalists, who would not be engaged in the activity that prompts the use of tear gas, need to cover these newsworthy events, and that police should allow credentialed journalists to carry them near the protests and parades.

  • June 27, 2016

    The Animal Legal Defense Fund and other organizations challenged Idaho Code Ann. § 18-7042, known as an "ag-gag" statute, as unconstitutional under the First and Fourteenth Amendments to the U.S. Constitution. The law criminalizes audio and video recording at agriculture facilities. The U.S. District Court for the District of Idaho struck down the law. The Reporters Committee and 22 media organizations filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in support of Plaintiffs-Appellees. The brief argues that journalists and whistleblowers who serve as their sources have improved food safety and agriculture facility conditions through the years by exposing violations. Idaho's "ag-gag" statue infringes upon the First Amendment rights of those seeking to disseminate information to the public about food safety, the treatment of animals, and environmental concerns.

  • June 7, 2016

    Two animal protection organizations and a woman arrested while documenting events at an agricultural site from a public road have challenged Utah Code Ann. § 76-6-112, known as an "ag-gag" statute, as unconstitutional under the First and Fourteenth Amendments to the U.S. Constitution. The statute criminalizes recording images and sounds of agricultural production facilities without the facility owner's express consent. The Reporters Committee, joined by 17 other media organizations, filed an amicus brief in support of Plaintiffs' motion for summary judgment. Amici explain that journalists and other organizations have a long history of improving food safety by exposing violations in agriculture productions. Utah's "ag-gag" statute interferes with the First Amendment rights of those continuing to inform the public about food safety, the treatment of animals, and environmental concerns.

  • April 18, 2016

    Former NFL fullback James (Jim) Brown claims Electronic Arts violated his right of publicity after including his biographical and statistical information in Madden NFL, a video game that allows users to simulate NFL games and play as their favorite NFL players. The Reporters Committee, with eight other media organizations, filed an amicus brief in the California Court of Appeal arguing that the First Amendment shields EA's limited use of Brown's likeness in a constitutionally protected video game because it contains speech on matters of public interest and does not survive strict scrutiny as a content-based restriction. Brown's claims are also barred under California's public affairs exemption and applicable case law. Amici further contend EA's speech must be protected to prevent chilling effects on speech and encourage the news industry to continue evolving as technology advances.

  • November 10, 2015

    Photographer Paul Raef was charged under California Vehicle Code 40008 for violating general driving laws while having the "intent to capture any type of visual image . . . for a commercial purpose.” When Raef challenged the constitutionality of the law, the California Superior Court found the statute unconstitutional because it targeted First Amendment activity and was overinclusive. The Court of Appeal reversed. The Reporters Committee for Freedom of the Press, the National Press Photographers Association, and six other amici filed a friend-of-the-court letter with the California Supreme Court, asking the Court to review the Court of Appeal’s decision. The Reporters Committee argued that Section 40008 is not a law of general applicability and it has more than an incidental effect on speech. Furthermore, amici believe the Court of Appeal erred in giving undue deference to police and prosecutors in enforcing this vague law that can harm traditional journalists.

  • August 18, 2015

    The Reporters Committee wrote a letter on behalf of a 39-member media coalition protesting the decision of St. Louis County officials to press charges against several journalists arrested last year covering the events in Ferguson, Mo.

  • April 1, 2015

    Photographer Paul Raef was prosecuted under California Vehicle Code 40008, basically an anti-paparazzi law that imposes additional penalties on violators of generally applicable reckless driving laws when those violators are driving with the intent to gather news for commercial purposes. After Raef appealed the Court of Appeals\' refusal to hear his case, the California Supreme Court returned the case to the Appellate Court. The Reporters Committee then filed another brief in the case, this time on the merits.

  • December 12, 2014

    Photographer Paul Raef was prosecuted under California Vehicle Code 40008, basically an anti-paparazzi law that imposes additional penalties on violators of generally applicable reckless driving laws when those violators are driving with the intent to gather news for commercial purposes. After the Court of Appeals refused to hear Raef's appeal, Raef filed a petition for review to the California Supreme Court, which the Reporters Committee supported with an amicus letter brief.

    The Reporters Committee and seven other groups argued that the law imposes an additional punishment for driving while being a journalist and threatens the First Amendment right of newsgathering. It punishes both paparazzi and members of the mainstream media who are traveling with the intent of gathering news. The law could be used to harass journalists.

  • December 4, 2014

    The Animal Legal Defense Fund sued the attorney general of Idaho over Idaho's "ag gag" law, which imposes penalties for "agricultural production interference," in essence recording images and sounds on the property of agricultural production facilities. It punishes people who investigate such facilities' cruelty to animals and other unsafe food practices. In supporting the plaintiff's push for a decision in their favor before a federal district court, the Reporters Committee argued that the Idaho law infringes on First Amendment rights of people who want to inform the public about important matters such as food safety. It fails to survive strict scrutiny because it does not further the government's interest in promoting food safety and is not narrowly tailored.

  • November 17, 2014

    A panel of Eleventh Circuit judges held that the Fourth Amendment applies to requests for historical cell site location information. Prosecutors obtained over two months' worth of historical location information from a cell phone provider using a court order issued under the Stored Communications Act, which permits a court to order a service provider to turn over subscriber records but does not require a finding of probable cause that a crime has been committed. The Eleventh Circuit granted rehearing en banc, and the Reporters Committee filed a brief in support of the defendant's position. The Fourth Amendment question in the case, the Reporters Committee argued, is inextricably linked to First Amendment questions. Warrantless acquisition of cell phone location data is concerning because a record of where one goes, and for how long, lays bare the processes of investigative reporting and threatens to reveal confidential sources and methods.

  • November 6, 2014

    The Reporters Committee led a media coalition protesting a Seattle FBI effort to use a fake Associated Press news article and web site to ensnare a criminal suspect. The protest letter was submitted to the Attorney General and the Director of the FBI.

  • November 3, 2014

    Photographer Paul Raef was prosecuted under California Vehicle Code 40008, basically an anti-paparazzi law that imposes additional penalties on violators of generally applicable reckless driving laws when those violators are driving with the intent to gather news for commercial purposes. The Reporters Committee and seven other groups argued that the law imposes an additional punishment for driving while being a journalist and threatens the First Amendment right of newsgathering. It punishes both paparazzi and members of the mainstream media who are traveling with the intent of gathering news. The law could be used to harass journalists. The amicus coalition submitted a letter brief to the Court of Appeal, Second Appellate District, Division Four, asking for the court to grant Raef's petition for transfer or, in the alternative, for a writ of mandamus. The court denied Raef's petition for transfer and for writ of mandamus.