The Associated Press v. Neal
Case Number: 1:25-cv-872
Court: U.S. District Court for the Southern District of Indiana
Clients: The Associated Press, States Newsroom, Inc., d/b/a The Indiana Capital Chronicle, Gannett Co., Inc., Circle Broadcasting Co., d/b/a WISH-TV, and TEGNA Inc.
Complaint Filed: May 5, 2025
Background: In April 2025, the Indiana Supreme Court set a May 20 execution date for Benjamin Ritchie, who was convicted of killing a police officer in 2002. But an Indiana law that prohibits press access to executions means news reporters aren’t permitted to act as an independent witness to the proceeding or those in the future.
On behalf of The Associated Press, the Indiana Capital Chronicle, Gannett Co., Inc., WISH-TV, and TEGNA Inc., attorneys from the Reporters Committee for Freedom of the Press sued the Indiana State Prison superintendent and the commissioner of the Indiana Department of Correction, arguing that the law violates the public’s qualified First Amendment right of access to executions and that it unfavorably singles out the press in violation of the Press Clause of the First Amendment.
The lawsuit asks the court to rule that the law is unconstitutional and to block its enforcement.
Quote: “We are bringing this lawsuit on behalf of members of the news media who have a duty to hold the government accountable when it carries out its ultimate punishment in the public’s name,” said Kris Cundiff, the Reporters Committee’s Local Legal Initiative attorney for Indiana, who is part of a team of attorneys representing the media coalition in the case. “We’re asking the court to immediately strike down this law so the news media can provide the public with the impartial, complete accounts of executions that it deserves.”
Update: On May 16, 2025, Judge Matthew Brookman of the U.S. District Court for the Southern District of Indiana denied the media coalition’s request for a preliminary injunction.
Filings:
2025-05-05: Complaint
2025-05-05: Exhibit A
2025-05-05: Exhibit B
2025-05-05: Exhibit C
2025-05-12: Plaintiffs’ motion for preliminary injunction
2025-05-12: Memorandum of law in support of plaintiffs’ motion for preliminary injunction
2025-05-12: Motion requesting expedited hearing
2025-05-13: Plaintiffs’ opposition to transfer of venue to the Northern District of Indiana