Category Archives: First Amendment

Courthouse News Wins First Amendment Case for Access to Court Records

Courthouse News Service won a ruling in the Ninth Circuit recently for access to court filings. CNS went to federal court last year to challenge the Ventura County Superior Court policy of delaying the release of court opinions.  A U.S. district court judge dismissed the case, finding that it was not a First Amendment issue, but a claim that involved

Should Arbitration Dockets in Public Courts be Public?

Delaware Courts of Chancery appealed to the U.S. Supreme Court recently, seeking to validate a law that would allow them to hold confidential arbitration proceedings for parties with $1M litigation at stake. Professor Judith Resnik wrote about this in the NYT Op-Ed pages,  “Renting Judges for Secret Rulings.” On appeal is the question whether this arbitration process, established by the

Pending Cases on the FISA Public Court Docket

The Foreign Intelligence Surveillance Court has created a public docket for declassified opinions. The documents have been released through the efforts of providers like Yahoo, Microsoft, and Google, as well as advocacy groups like the ACLU and the EFF, who filed requests to publish the opinions and filings in the FISC. Since FISA was enacted, the FISC and FISA Court

Illinois Eavesdropping Law Blocked; It “Likely Violates First Amendment,” Federal Appeals Court Rules

A 1961 Illinois eavesdropping law “likely violates the First Amendment’s free speech-speech and free-press guarantees,” a federal appeals court ruled. The 69-page decision by the U.S. Court of Appeals for the Seventh Circuit blocks enforcement of an Illinois criminal law that made it a felony to make audio recordings of Chicago police without receiving their consent. What prompted the lawsuit?

H.S. Senior Tweets F-word from Home; School’s Response: Get the F**k Out

In an outrageous misunderstanding of students’ off-campus free speech rights, an Indiana school district expelled a high school senior just three months shy of his graduation for tweeting an F-bomb from home at 2:30 AM. Austin Carroll says that he sent the offending F-bomb tweet from home, from his own computer. He concedes that he agrees with the district that