Federal pre-emption

Centro de Periodismo Investigativo v. Financial Oversight and Management Board for Puerto Rico

October 16, 2017

RCFP filed an amicus brief in the District of Puerto Rico in support of Centro de Periodismo Investigativo (CPI), an investigative journalism organization. CPI brought suit seeking records and information from the government oversight board created by Congress to manage the territory's finances after Puerto Rico's financial crisis last year. The board moved to dismiss, arguing that the federal statute creating the board supersedes Puerto Rico's public records laws. RCFP's amicus brief argues that the statute does not deprive Puerto Ricans of their rights of access and that the board's motion to dismiss should be denied.

D.C. Circuit decision highlights need for federal anti-SLAPP law

Kimberly Chow | Libel | News | April 27, 2015
April 27, 2015

The decision of the U.S. Court of Appeals for the District of Columbia to throw out the defamation suit in Abbas v. Foreign Policy on Friday was a bittersweet victory for First Amendment advocates, as the court also decided that the D.C. anti-SLAPP law did not apply in federal court. This negative result shows clearly why Congress should pass federal anti-SLAPP legislation that would protect speakers who cannot benefit from their state’s anti-SLAPP law, as well as those in states that have no such law.

Court: federal privacy laws override state records act

Rosemary Lane | Freedom of Information | Feature | November 8, 2010
November 8, 2010

The Washington Supreme Court barred the state's attorney general’s office from releasing financial and consumer records from a mortgage company investigation, unanimously ruling Thursday that federal privacy laws pre-empt the state Public Records Act.