Story Archives By Date

February 2009

ProJo columnist on federal court ruling that truth may not be a defense against libel
The Providence Journal Feb. 26, 2009
>>Fitzpatrick warns that a dangerous precedent has been set.

$14,000 becomes $14.21
The Cambridge Chronicle Feb. 23, 2009
>>The real purpose of the $14,000 quote is revealed - it was an effort to frustrate open record law.

District Attorney rules Open Meeting law violation in Boxford.
The Tri-Town Transcript Feb. 24, 2009
>>E-mails exchanged between health board members constitute Open Meeting law violation.

Will Springfield city appointee be chosen in the dark?
The Springfield Republican Feb. 23, 2009
>>Residents wait to see if process to chose the city's next chief financial overseer will fall under the state's Open Meeting Law

Editorial warns that state official's proposal would gut public records law.
The Hartford Courant Feb. 13, 2009
>>Connecticut's Victim Advocate wants even more documents made exempt to public records disclosure.

The Globe argues that public records reform is needed
The Boston Globe Feb. 8, 2009
>>Rep. Cabral's bill is a good start to public records reform, but it doesn't go far enough, says the Globe Editorial Board.

Good news for a change - R.I. legislators receive high marks in open meeting compliance
The Pawtucket Times Feb. 21, 2009
>>Lawmakers receive straight A's for their compliance

State calls Cambridge public records charge unwarranted
The Daily News Tribune Feb. 13, 2009
>>The $14,000 quoted by the Cambridge Public Schools for a list of students goes too far.

Rhode Island judicial applications piling up in state offices
The Providence Journal Feb. 15, 2009
>>Will public documents be destroyed when the applications are purged?

Mass town - at long last - decides to obey Open Meeting Law
The Enterprise Feb. 5, 2009
>>Bucking the trend set by his predecessors, Middleboro Board of Selectman Chair Patrick Rogers pledges to release minutes of executive sessions.

Conn. towns want disclosure law repealed
The Hartford Courant Feb. 3, 2009
>>Town officials claim that compliance with the law is too costly
The New London Day thinks towns should stop complaining

New records law may force public worker's hand open
Erica Marcus Feb. 4, 2009
>When Colman Herman sent out 44 requests to Massachusetts government agencies seeking records deemed public by law, only two officials responded as the law required. One who didn’t told Colman a record was confidential simply because the official had stamped the word “confidential” across the top of it. READ THE FULL STORY

ProJo Columnist Ed Fitzpatrick raises concerns about state-sanctioned "private trials"
The Providence Journal Feb. 1, 2009
>>With no opposition by the state Supreme Court, R.I. prepares to hold privately-funded civil trials behind closed doors.

Judge orders Federal Government to respond to FOIA
The Associated Press Feb. 28, 2009
>>Watchdog group Judicial Watch files lawsuit against the government relating to the shooting of a drug smuggler.

Fed won't release bail-out data
Bloomberg News March 5, 2009
>>The Fed won't release the data on how the banks are using bail-out funds for fear it would "stigma" the recipients

Open government or open wallet? Portland, OR mayor demands $1.5 million for records
KATU.com Feb. 25, 2009
>>The records request may shed light on an alleged inappropriate relationship between the Mayor and an intern

Pentagon to reportedly lift ban on coffin photos
The Boston Globe Feb. 26, 2009
>>The decision will now lie with the families of the deceased

ACLU charges police retaliation behind criminal charges against reporter
The Michigan Messenger Feb. 20, 2009
>>The Civil Liberties Union of Michigan asks a judge to consider whether the charges against Diane Bukowski will have a chilling affect on news gathering.

NY Gov blocks release of Senate questionnaires
The Associated Press Feb. 19, 2009
>>The process that culminated in appointing Kirsten Gillibrand to the U.S. Senate is shrouded in secrecy

U.S. Treasury must release bailout records
The Associated Press Feb. 20, 2009
>>A federal judge orders the Treasury to comply with Fox Business Network's FOIA request.

California company agrees to release the names of readers who left anonymous comments on a news story
York Daily Record Feb. 23, 2009
>>The names of those who left comments are subpoenaed as part of a murder investigation

Ill. AG urges public records reforms after Blagojevich scandal
The Chicago Tribune Feb. 18, 2009
>>Could Chicago's reputation of a bastion of political corruption be turning around?

Activists fight to open up federal court records; feds fight back
The New York Times Feb. 12, 2009
>>An easy solution to a complicated problem?

As Delaware seeks public records reform, legislators seek an exemption
The Delaware News Journal Feb. 6, 2009
>>A new law up for debate in the Delaware state legislature will strengthen public records law and extend the Freedom of Information Act's purview to the legislature. Meanwhile, an amendment to the bill seeks to keep the e-mails of public officials secret.

Computer files deleted on outgoing Texas Speaker's last day
The Austin American-Statesman Feb. 5, 2009
>>Citing office protocol, the hard drives of public computers were erased on the last day of Rep. Tom Craddick's last day as speaker of the Texas House; raising questions that public records may have been deleted.

Penn.'s new right-to-know law being largely ignored
York Daily Record Feb. 7, 2009
>>Records show many information requests are being denied

January 2009

Key Bay State legislator will seek to strengthen public records laws
Commonwealth Magazine Winter 2009
>>Rep. Antonio Cabral (D - New Bedford), the Chairman of the Committee on State Administration and Regulatory Oversight, will file a bill aimed at revamping the state's public records law.

Libel suit against New Bedford Standard-Times dropped
New England Press Association Bulletin January 2009
The editor of the Standard-Times said: "The right of the newspaper or any ordinary citizen to express his or her opinion about the political process is the foundation of all our freedoms. We will continue to express that right vigorously, especially when we believe the public's interests are at stake, as was certainly the case here."

Union gets one step closer to information
The Concord Monitor Jan. 21, 2009
>>A New Hampshire judge ruled that a firm which provides services to public employees is subject to the state's right-to-know law.

Music-sharing case to be streamed online
The Boston Globe Jan. 14, 2009
>>U.S. District Court Judge Nancy Gertner approved a request to make the trial involving the Recording Industry Association of America and a Boston University student available live on the internet.

Proposed identity theft bill will limit access to public information.
The Patriot Ledger Jan. 14, 2009
>>The bill, filed by Rep. Alicea (D - Charlton), will make census data and street lists unavailable to inquiries by the public or press.

Judge rules that donor identities cannot remain secret
The Mercury News Jan. 29, 2008
>>The donors who funded the controversial Proposition 8 initiative in California lost their request to remain anonymous.
>The New York Times weighs in

Washington state court levies heavy fine for withholding public information
The Seattle Times Jan. 16, 2009
>>After a 12-year battle, the state Supreme Court ruled that the $124,000 fine paid by King County for not releasing public records to businessman Armen Yousoufian was too low.

Blagojevich ignores information request
The State Journal-Register Jan. 18, 2009
>>The Illinois Governor has denied a request by the Journal-Register for his administration's clemency records.

Reporter questioned in Florida felony case
The Sun News Jan. 24, 2009
>>A Sun News reporter was questioned by defense attorneys as to how he was able to attain financial documents that pertain to case involving the misuse of public funds. The reporter's answer? He filed FOIAs and stayed completely within the law.

The AP files request for prison investigation records
The Missoulian Jan. 21, 2009
>>Amid allegations of sexual misconduct of Montana prison employees, the AP says the public has a right to the documents.

Bush may be gone, but his wiretapping program to continue.
The New York Times Jan. 15, 2009
>>A court has required telecommunications companies to continue intercepting calls and emails made by suspected terrorists.

Judge orders murder suspect's records sealed
The Austin American-Statesman Jan. 14, 2009
>>The ruling comes after the suspect's mental and medical records were aired on television.

In California, political donors demand anonymity
San Francisco Chronicle Jan. 09, 2009
>>Supporters of California's Proposition 8, which banned gay marriage, have filed a lawsuit to keep the campaign finance records from public view.

Philadelphia Inquirer Sued
Philadelphia Inquirer Jan. 09, 2009
>>The Chief Executive of a charter school alleges that the paper wrote inaccurate and misleading stories about the school due to failed business talks he had with the paper's publisher.

Congress kicks off session with efforts toward greater transparency
The Associated Press Jan. 8, 2009
>>The House voted on two bills that will increase public access to presidential information.

Baltimore police officers above the law? The Baltimore Sun Jan. 7, 2009
>>A decision by the Baltimore Police department to no longer release the names of officers that have killed or injured people is prompting wide-spread criticism.

District Attorney in murder case tries to prevent release of witness names
Albany Times Union Jan. 6, 2009
>>In an attempt to discourage witness intimidation, the DA in the murder trial of a teenager accused of killing a 10-year-old girl has asked media outlets to refrain from releasing witness names.

Crime information to be withheld
The Arizona Republic Jan. 9, 2009
>>Police Department cites concerns about identify theft.

Accused dentist tries to bar media from the courtroom.
The Sacramento Bee Jan. 01, 2009
>>A dentist accused of fondling his patients has asked the judge to prevent the press from covering the trial.
UPDATE! Dentist ceases efforts to bar press from courtroom

D.C. Blog gets no respect with FOIA request?
Greater Greater Washington Jan. 5, 2009
>>Washington metro agency denies FOIA request by a local blog citing that they "are not a representative of the news media."

December 2008

Vermont takes important step for public information access
Brattleboro Reformer Dec. 27, 2008
>>A new service launched this month allows anyone to search and purchase Vermont criminal conviction records.

Salem News blows whistle on open meeting law violations in Harverhill and Peabody
The Salem News Dec. 17, 2008
>>The Salem Op-Ed board notices a disturbing recent trend.

Vt. criminal records now online
Burlington Free Press, December 15, 2008
>>Running counter to a trend toward privacy, Vermont decides to put criminal records online.

Gov. Patrick Once Again Tries to Keep Public Documents Private
The Boston Globe, Dec. 6, 2008
>>The Joint Committee on Transportation has requested that Governor Patrick release documents which detail consultants' reports on the estimated cost of Patrick's proposed Transportation reforms.

ACLU sues RI town for withholding arrest record
The Providence Journal, Dec. 5, 2008
>>The American Civil Liberties Union says the North Smithfield police department illegally denied a workers' rights leader the record of the arrest of a man charged with using fraudulent identification.

Columnist Richard Lodge on Patrick's Open Meeting Law
The MetroWest Daily News, Oct. 31, 2008
Lodge says Gov. Deval Patrick has little respect for the Massachusetts Open Meeting Law, which is intended to keep public information and planning accessible. Arkansas Supreme Court won't hear request by the Democrat-Gazette in the case of murdered news anchor
Arkansas Democrat-Gazette Dec. 20, 2008
>>The Newspaper claims a judge went too far by not releasing the jail logs of a suspect in the recent murder of Little Rock news anchor Anne Pressly.

Feds Reject FOIA
Bloomberg News Dec. 12, 2008
The recipients of close to $2 trillion in taxpayer-funded emergency loans will remain shrouded as the Federal Reserve rejects a FOIA filed by Bloomberg News.

New York Times sued
New York Times Dec. 30, 2008
>>Lobbyist files suit claiming that a front-page story falsely portrayed her and an alleged affair with John McCain.

Former Anthrax-Suspect Loses Most Recent Attempt at Libel Suit
The New York Times Dec. 15, 2008
The Supreme Court has refused to entertain another attempt by former Army scientist Steven Hatfill to revive his libel case against the New York Times.

Alaska Governor's Office Ducks Records Release Request
Anchorage Daily News Dec. 10, 2008
>>Executive privilege cited in refusing to release telephone and e-mail messages involving Todd Palin.
UPDATE! Alaska resident brings the fight to the courts

Judge Orders Gag Order in Murder Case
Ventura County Star Dec. 11, 208
>>California Judge prevents local paper from printing information regarding the murder of a local 6-year-old boy.
UPDATE! Judge lifts gag order

Deleted E-mails Still Public Record
Columbus Dispatch Dec. 9. 2008
>>The Ohio Supreme Court rules that deleted e-mails are public if they deal with official business.

UPDATE: Free Press Reporter Refuses to Reveal Sources Under Oath
Ashenfelter invokes both First and Fifth Amendments while on the stand.
Follow the story...
The Detroit Free Press Dec. 8, 2008
>>The saga continues between Free Press reporter David Ashenfelter and ex-prosecutor Richard Convertino.
UPDATE: Judge asks to hold reporter in contempt

Will You Take a Seat at Obama's Table?
The AFP Dec. 7, 2008
>>President-elect Obama pledges transparency throughout the transition and invites citizens to review documents and meetings on his website.

Michigan Judge Rules Against FOIA Request
Livingston Daily Dec. 8, 2008
>>A school spending reform organization, Education Action Group, filed a FOIA for the e-mail records of a teacher's union president that were written from a publicly-funded e-mail account.

Maryland State Trooper Poses as Activist to Seek Out Terror Suspects
L.A. Times Dec. 7, 2008
>>An undercover trooper joined various non-violence and activism groups and later recorded many of the members as terror suspects. Among those listed? Two Nuns, a lobbyist, and former congressional candidate.

Pennsylvania Counties Learning to Deal with New Open Records Law
The Intelligencer Dec. 7, 2008
>>Officials find the cost of the new requirements are putting a strain on already tight budgets.

SF suit demands bills, votes database
San Francisco Chronicle, Dec. 4, 2008
>>Open-government advocates ask that the Superior Court force the Legislative Counsel to give up an electronic database which contains records of bills and lawmakers' voting.

Craigslist comments turn into libel case
Associated Press, Dec. 2, 2008
>>A man who posted comments about his ex and her attorney in the "rants and raves" section of the site now faces a libel suit. Police obtained records from the website with a search warrant, which led them to identify the man as a suspect.

November 2008

ProJo asks for jury questionnaires
The Providence Journal, Nov. 26, 2008
>>The paper is asking the high court to share forms filled out by more than 400 prospective jurors to hear the Rhode Island nightclub fire case of 2003, which killed 100 people.

"Brainstorming" or illegal closed meeting?
The Providence Journal, Nov. 25, 2008
>>ProJo columnist Edward Fitzpatrick explains why the answer to government secrecy is not, well, more secrecy. Fitzpatrick expresses outrage at legislator's proposal to do just that.

RI legislator calls for secret meeting of entire house or representatives
Providence Journal, Nov. 21, 2008
>>One legislator thinks the fiscal crisis cannot be solved if the public is allowed access to government deliberations.

Q-Pac retracts threats to student press
Yale Daily News, Nov. 10, 2008
After instructing the administration not to do interviews with student reporters and trying to kick out the Society of Professional Journalists chapter, the school reneges on the threats.

Read commentary from the Hartford Courant on Quinnipiac's censorship-inclined president:

Setting An Autocratic Example
President caves on free speech ban

Herald takes state to court over parole board voting records
Boston Herald, Nov. 13, 2008
The seven-member board is politically appointed and makes decisions on freeing prisoners. It made a 4-3 ruling to release a murderer in May.

Radford, Va. refuses to explain why FOIA docs were blacked-out
The Roanoke Times, Nov. 16, 2008
When a reporter from The Roanoke Times asked the city for a copy of the summer months' FOIA requests, he received heavily redacted documents, without legal explanation.

Rockland police chief defends leak on news site
The chief of police says he ordered an officer to leak info about who posted on the Rockland News website. The poster warned of a sobriety checkpoint.

Dover paper demands unsealing of docs in ongoing investigation
Foster's Daily Democrat, Nov. 11, 2008
The case judge held a closed door hearing on the issue, but hasn't yet made a decision on whether docs from a homicide case should be unsealed.

Public Employees Seeks to Remain Anonymous
Milwaukee Wisconsin Journal Sentinel, Nov. 29, 2008
>>Wisconsin papers file suit against state employee union for refusing to release the names of workers.

Audit: Wisconsin records not very open
The Lakeland Times, Nov. 26, 2008
>>A statewide audit found that 30 percent of open records requests were not granted in a legal manner. Government workers demanded identification, reasoning for requests (both violation of state law) and in some cases ignored the request completely.

Police Ignore Public Records Law
Worcester Telegram, Nov. 09, 2008
Police already pocketed $1,500 for public docs, then decided the legal deadline for providing the documents doesn't apply to them.

Ill. court forces governor to give up subpoena in FOIA case Chicago Tribune, Nov. 20, 2008
Gov. Rod Blagojevich tried to get around producing subpoenas sent to him by the Better Government Association. An appellate court says the documents (part of a federal government investigation) are subject to FOIA requests.

Court will not fine Locy for contempt in anthrax sourcing case
Associated Press, Nov. 18, 2008
Protecting a source who shared information about the since-exonerated Army scientist named in anthrax attacks, Toni Locy was ordered to pay up to $5,000 each day she withheld the source's name.

Court cripples effort to find missing White House email
Associated Press, Nov. 15, 2008
An appeals court decided that the Bush administration can dismiss FOIA requests for documents that could explain as much as 225 days worth of missing emails.

Calif. school board approves closed meeting
The Press-Enterprise, Nov. 17, 2008
Despite the murky resignation details and a $300,000 severance package, the Rialto school board voted to uphold the closed meeting status, under which the resignation of its superintendent was decided.

Calif. high school paper admin. shut down to restart next year
San Mateo Daily Journal, Nov. 14, 2008
The Scots Express was shut down last week after a satirical article featuring the writer's "sexiness."

Calif. county CEO may have hid wife's pay raise
Merced Sun-Star, Nov. 13, 2008
In violation of open-meeting laws, Merced County's CEO might have illegally hid the fact that his wife, who works in the Mental Health Dept., was to receive a pay raise.

News org's demand docs from 2001 anthrax case
Associated Press, Nov. 12, 2008
The New York and Los Angeles Times are asking for public documents on Stephen Hatfill, the Army scientist whose home was raided on live TV and was wrongfully accussed of anthrax poisoning. The newspapers want to see search warrants.

Can Pres. Obama add transparency to gov't with Web?
Nieman Watch Dog, Nov. 12, 2008
The Nieman Foundation's new report offers a guide to how the incoming administration could open up government in an effort to reverse the secrecy of the Bush administration.

Groups call for more open presidency, resuscitated FIOA
The Raw Story, Nov. 12, 2008
After eight years of increased government secrecy, more than 60 groups are calling for Pres.-elect Obama to reverse the trend.

FBI release file on Halberstam, but withhold many pages
NY City News Service, Nov. 6, 2008
The New York reporter was watched by the FBI for over two decades. His marriage to a Pole and his reporting in Poland were concerns in the FBI's files.

Bloomberg News wants to know what securities the Federal Reserve is taking on
Bloomberg News, Nov. 7, 2008
The securities are collateral for the $1.5 trillion of bank loans, and are bought on behalf of the American citizens who paid for it.

October 2008

Colorado judge rules that governor's use of private phone for government business is off-limits to the public.
The Denver Post, Oct. 15, 2008
Question: How many Colorado public officials are standing in line today to buy private cellphones?

Police Officer Suspended After Cameraman Arrested
New Jersey Star-Ledger, Oct 27, 2008
A 12-yr veteran of the NJ Special Police was suspended after he arrested and put into a chokehold a cameraman who was filming a demonstration.

Hotel bombarded for posting McCain/Palin signs
Washington Post, Oct. 18, 2008
The D.C.-area hotel got fierce feedback objecting to the signs, and local leaders are calling for a boycott, inciting a first-amendment-for-businesses debate.

Illinois Dept. of Healthcare rejects FOIA request for funding info.
Associated Press, Oct. 22, 2008
Ill. Gov. Rod Blagojevich gave out state-subsidized health care, but won't release info about how much it's costing or how many people are covered by it.

Tech biggies move to protect free speech online
New York Times, Oct. 27, 2008
Google, Microsoft and Yahoo paired with groups to create a global code that would make the companies' earlier cooperation with China's online censorship impossible.

News org's get redacted versioned of OJ Simpson trial jury forms
Las Vegas Review-Journal Oct. 21, 2008
The judge in the case released incomplete forms. Info that was redacted includes questions about where the jurors were born, whether they had children and what neighborhood they resided in.

Bailout records kept secret
Pro Publica Oct. 22, 2008
U.S. Treasury Dept. is keeping closed the documents on its contract to Bank of New York Mellon. In records the Treasury blacked out how much the bank will receive from the $700 billion bailout.

Federal Judge Rules in Favor of Minnesota Exit Polling
Minneapolis-St.Paul Star Tribune Oct. 16, 2008
In response to a law suit filed by major media organizations, a U.S. judge has ruled that Minnesota's ban on pollsters operating within 100 feet of polling places is unconstitutional.

Palin emails priced at $15M
MSNBC, Oct. 17, 2008
Even if news organizations were willing to pay the extraordinarily-high price for the public records, they wouldn't be available until after the election.

Detroit Free Press Defends Reporter's Right to Conceal Sources
Detroit Free Press Oct. 14, 2008
Hatfill case redux? A federal judge has ordered a Detroit Free Press reporter to answer questions about his sources in a lawsuit filed against the federal government by a former prosecutor who wants to know which anonymous government officials leaked information to the Free Press reporter.

Virginia Board of Elections Rules to Ban Campaign Clothing from Polling Stations
WCAV TV, Charlottesville VA Oct. 14, 2008
The American Civil Liberties Union is arguing that the ban on campaign paraphernalia is a violation of the First Amendment. Maine, Montana, Vermont, and Kansas have passed similiar measures.

NYC teachers' union sues over politics-free policy on campuses
New York Times Oct. 11, 2008
The two-decade old rule was little heeded before the teacher union's president emailed union leaders instructions about how they could distribute Sen. Barack Obama campaign material.

Anonymous Website Posters Required to Reveal Identities
Beta News Oct. 8, 2008
A Pennsylvania website dedicated to county political officials has been ordered by a judge to release the identities of six anonymous posters. This action is the most recent in a long line of defamation complaints involving the City Council and local internet media.

Secrecy and allegations cracking Palin's transparency claims
Associated Press Oct. 7, 2008
As Gov. Sarah Palin refuses to hand over controversial emails, sensitive policy documents, and backs a new state law which deems records of state-funded BlackBerrys and cell phones off-limits to the public, her claim to government openness looks weak.

Worcester D.A. Rules Charlton Board of Selectmen Violated Open Meeting Law
Media Law Oct. 13, 2008
The Worcester D.A. has agree with a complaint filed by The Worcester Telegram & Gazette that the Charlton Board of Selectment should not have met in private when evaluating the performance of Town Administrator Robin Craver.

Putnam Connecticut Town Officials to take FOIA Course
Worcester Telegram & Gazette, Oct 29, 2008
Per a complaint filed by a town resident, Putnam selectmen and officials will take a FOIA workshop after various public-meeting missteps.

Another town website downed by new Conn. law
Republican American, Oct. 18, 2008
The most recent addition to a growing list of towns that can't put up their minutes fast enough to keep up with an Oct. 1-enacted 24-hour rule is Litchfield.

Vermont ruling on public officials' email deludes open gov. laws
Burlington Free Press, Oct. 14, 2008
Though Vermont public officials' emails showed a conflict of interest, state Superior Court orders them to be kept private.

Call for Access to Police Complaint Review Board Hearings
Springfield Republican Oct. 7, 2008
Springfield City Councilors have filed a proposal that would allow public access to the police complaint review board meetings, an important step for a police department that has been accused of mistreatment by minority communities.

New Law Shuts Down Conn. Town Websites
Hartford Courant, Oct. 3, 2008
A new law requiring towns to post minutes of meetings online within 24 hours is forcing some Connecticut towns to scrap their sites because their small staffs can't keep up. No extra funding for IT help is coming from the state, which passed the law on Wednesday. Enterprise Libel Case to Go to Trial
Media Law, Oct. 1, 2008
The Massachusetts Appeals Court has refused to dismiss a libel case against the Brockton Enterprise despite the newspaper's defense of using the "fair report" privilege.

Reporter fights to keep source of 2004 story confidential
Detroit Free Press, Oct. 14, 2008
In Aug. a Detroit court of appeals ruled that it did not recognize a reporter's privilege to keep sources secret.

Torture of 14 Guantanamo prisoners kept under wraps by U.S. govt'
Agence France Presse, Oct. 29, 2008
The ACLU has been denied its FOI request for copies of testimony of abuse in the Cuban prison.

Hartford mayor appeals FOI ruling
Hartford Courant, Oct. 28, 2008
Mayor Eddie Perez hopes to avoid a $500 fine and FOI lessons -- his penalty for illegally holding closed-door meetings.

NYTimes Weighs In on Freedom of Speech at Quinnipiac University
The New York Times, Oct 28, 2008
In an editorial, The Times questions the recent actions by Quinnipiac University to limit the access of student journalists to administrators, coaches, and athletes.

Town site leak causes uproar in Rockland
Boston Globe, Oct. 27, 2008
A local message board was used by a high-level police officer who outed a commenter, and has some concerned about their anonymity.

Minn. court blocks law that would keep news org's 100 feet from exit polls
Reporters Committee for Freedom of the Press, Oct. 16, 2008
A Minn. judge ordered an injunction to block the state law from being enacted after six national news outlets complained it would inhibit election reporting.

September 2008

Law Suit Filed Over Minnesota Poll Access
Reporter's Committee for Freedom of the Press, Sept 30, 2008
Six news groups, including The Associated Press, CBS, CNN and three others, have filed a law suit over a Minnesota statue that bars anyone who is not voting from approaching within 100 feet of polling stations. The statue would interfere with attempts of journalists to conduct exit-polling.

"Designated media area" at Arlington National Cemetery defined, but not much changed
Reporters Committee for the Freedom of the Press, Sept. 29, 2008
Under pressure, the Army set rules for the rights of family members of the deceased to opt for a wireless microphone at funeral ceremonies to give journalists still-limited access.

Calif. paper ordered not to print testimony from lawsuit against it
The Orange County Register was told it may not report the substance of witness testimony in the class-action lawsuit brought against the paper by some 6,000 current and former carriers. [Sept. 23, 2008]

University of Nebraska denies student journalist access to top administrators. [Inside Higher Ed, Sept 24, 2008]
After multible FOIA requests by The Daily Nebraskan, the University of Nebraska is now denying access to top officials, instead referring them to the school's public relations office.

First Amendment saves super-spammer
First Amendment saves super-spammer who was found guilty in 2004 for sending thousands of unsolicited emails. A recent Virginia Sumpreme Court ruling that found an anti-spam law unconstitutional freed Jeremy Jaynes, the first person convicted of a felony for sending spam mail.[Sept. 12, 2008]

Poll: Americans open to some gov't control
Nearly two-thirds of Americans would favor government controls that would require newspapers and television stations to offer equal time and space allotments to liberal and conservative commentators. That's one of the eye-opening findings of a new nationwide poll by Vanderbilt University's First Amendment Center.

Detroit mayor plead the Fifth, 82 times during deposition in newspaper lawsuit [Detroit Free Press, Sept. 16, 2008]
Detroit Mayor Kwame Kilpatrick invoked his Fifth Amendment right against self incrimination during sworn testimony. The suit was filed to find out details about a secret police whistleblower settlement last year.

Groups warn of growing government secrecy [The Associated Press, Sept. 9, 2008]
Government secrecy is on the rise by almost every measure, according to a report by a coalition of government oversight groups.

They said the U.S. is classifying more records as top secret or otherwise confidential and employing fewer workers who make federal documents available publicly.

Judge says gov't must produce waterboarding memos. [The Associated Press, Sept. 4, 2008]
A federal judge has ruled in New York that the government must either produce memos on waterboarding and other harsh interrogation methods used by the CIA or explain why they should be kept secret.

Police arrest anti-war march to GOP convention [The Boston Globe, Sept. 4, 2008]
Police surrounded some 200 protesters Thursday night after a lengthy series of marches and sit-ins timed to coincide with Sen. John McCain's acceptance of the Republican Party's nomination for president.

Caught up in the clash were several reporters assigned to cover the event, including Amy Forliti and Jon Krawczynski of The Associated Press. Officers ordered them to sit on the pavement on a bridge over Interstate 94 and to keep their hands over their heads as they were led away two at a time.

Group promises further disruptions [The Boston Globe, Sept. 3, 2008]
Riot police for a second day used tear gas and flash grenades to disperse protesters trying to disrupt the Republican National Convention and made several more arrests on top of the more than 250 people jailed Monday on charges of damaging property and conspiracy to riot.

August 2008

July 2008

Judge: Reporters won't testify in grand jury probe [Altoona Mirror, July 18, 2008]
A judge threw out subpoenas issued to 15 Pennsylvania journalists who were summoned to testify at a hearing on whether a special prosecutor should be appointed to investigate alleged violations of grand jury secrecy.

Judge blocks questioning of Detroit reporters [mlive.com, July 17, 2008]
Attorneys for Mayor Kwame Kilpatrick and ex-Chief of Staff Christine Beatty are barred from questioning two Detroit Free Press reporters on how they obtained sexually explicit text messages, a judge ruled Thursday.

The Right to Know [The New York Times, July 17, 2008]
In the face of near hysterical opposition from the Bush administration, the Senate Democratic leadership intends to take up a proposed shield law to provide journalists with limited protection against being compelled to reveal confidential sources in federal court. A similar measure won House approval last October in a bipartisan 398-to-21 landslide. But the White House, as ever, is playing the fear card, orchestrating a barrage of warnings that the law would “wreak havoc” on national security and “completely eviscerate” the ability to investigate terrorism.

Appeals court rules against Hatfill [Baltimore Sun, July 15, 2008]
A federal appeals court has ruled against a former Army scientist who sued The New York Times over columns linking him to deadly 2001 anthrax attacks. A three-judge panel of the 4th U.S. Circuit Court of Appeals said yesterday that Steven Hatfill was a public figure and had to prove actual malice to win his libel lawsuit.

Foreign courts take aim at our free speech [The Wall Street Journal, July 14, 2008]
Our Constitution is one of our greatest assets in the fight against terrorism. A free-flowing marketplace of ideas, protected by the First Amendment, enables the ideals of democracy to defeat the totalitarian vision of al Qaeda and other terrorist organizations.

Senate should vote to approve U.S. shield law [The Times and Democrat, July 5, 2008]
OUR OPINION: Qualified privilege protects role of press

We join the S.C. Press Association in praising S.C. Attorney General Henry McMaster for his support of the Free Flow of Information Act, a federal shield law for reporters. This past week McMaster joined 41 other state attorneys general in signing a letter by the National Association of Attorneys General, urging Senate leaders to join the House of Representatives in passing the bill.

WA court: public records can be kept from inmates [Seattle Post-Intelligencer, July 3, 2008]
Prisoners are entitled to government records, but jailers can keep those records from actually reaching an inmate's hands if the information is deemed illegal contraband, a divided state Supreme Court ruled Thursday.

Hawaii journos get shield law [Editor & Publisher, July 3, 2008]
On Wednesday, Hawaii Governor Linda Lingle signed into effect a law granting Hawaii journalists limited protection from telling the police or the courts their sources for news stories.

High court keeps hands off libel lawsuit [Argus Leader, July 2, 2008]
South Dakota's Supreme Court is refusing to step into the middle of a libel case brought by a former Sioux Falls development official against the Argus Leader and its executive editor.

June 2008

White House may keep documents in e-mail flap private, judge rules [The Washington Post, June 17, 2008]
The White House does not have to make public internal documents examining the potential disappearance of e-mails sent during some of the Bush administration's biggest controversies, a U.S. district judge ruled yesterday.

'Fairness' is censorship [Washington Times, June 17, 2008]
If House Speaker Nancy Pelosi and the rest of the Democratic leadership are so certain they are right to support the "Fairness Doctrine," why not bring a measure - any measure - to a floor vote?

6 Pa. news outlets subpoenaed in grand jury probe [Associated Press, June 12, 2008]
Lawyers for casino owner Louis DeNaples on Wednesday subpoenaed 15 journalists from six Pennsylvania news organizations to testify at a court hearing to determine whether the secrecy of a grand jury investigation of DeNaples was violated.

A reporter pleads the fifth: What did music critic Jim DeRogatis have to fear from testifying in the R. Kelly trial? [Chicago Reader, June 12, 2008]
The Fifth Amendment? What possible crime could Jim DeRogatis have been concealing when he repeatedly—15 times in all—answered questions put to him in court last week by invoking his constitutional protection against self-incrimination?

Sens. Obama, Coburn introduce spending transparency bill [The Reporters Committee for Freedom of the Press, June 4, 2008]
Sens. Barack Obama (D-Ill.) and Tom Coburn (R-Okla.) introduced a bill Tuesday aimed at expanding the reach of recently enacted measures designed to make federal spending more transparent.

Sun-Times reporter refuses to answer questions at R. Kelly trial today [Editor & Publisher, June 4, 2008]
A Chicago Sun-Times reporter isn't going to answer questions at R. Kelly's child pornography trial.

Jim DeRogatis cited an Illinois law that governs reporters' rights and the First and Fifth Amendments of the U.S. Constitution in refusing to answer questions Wednesday.

Federal appeals court hears arguments over release of Chicago police files [The Chicago Tribune, June 3, 2008]
In a hearing over whether to release hundreds of files detailing accusations of misconduct by Chicago police officers, federal appellate judges peppered lawyers Tuesday with questions challenging the notion that the records should be released to the public.

Quaker prof works out deal over Calif. loyalty oath [San Francisco Chronicle, June 2, 2008]
A Quaker college instructor who was not allowed to start a teaching job because she refused to sign a state-required loyalty oath has reached a settlement with the California State University system, the two sides announced Monday.

May 2008

Reporter subpoenaed to identify confidential source [The Reporters Committee for Freedom of the Press, May 30, 2008]
U.S. District Court Judge Cormac Carney ordered Washington Times reporter William Gertz to identify the confidential sources who provided information for a 2006 story he wrote about the prosecution of a Chinese spy ring in California.

Joe Lieberman, would-be censor [The New York Times, May 25, 2008]
The Internet is simply a means of communication, like the telephone, but that has not prevented attempts to demonize it — the latest being the ludicrous claim that the Internet promotes terrorism.

Senator Joseph Lieberman of Connecticut is trying to pressure YouTube to pull down videos he does not like, and a recent Senate report and a bill pending in Congress also raise the specter of censorship. It is important for online speech to be protected against these assaults.

Propagandists first, journalists second [Yahoo News, May 20, 2008]
Should the news media be patriotic? When a journalist uncovers a government secret, which comes first--national security or the public's right to know?

Supreme Court upholds child pornography law [The New York Times, May 20, 2008]
The Supreme Court on Monday upheld the latest Congressional effort to curb the spread of child pornography on the Internet, a 2003 law that makes it a crime to offer or solicit sexually explicit images of children.

Shield law for journalists a safeguard for democracy [Bucyrus Telegraph Forum, May 19, 2008]
On the campaign trail, there is much talk of bipartisanship, but back on Capitol Hill, that spirit has vanished. The latest example: collapse of Senate negotiations to help homeowners threatened with foreclosure.

However, one important piece of legislation does command strong support across party lines: a federal shield law giving journalists greater protection from overzealous lawyers and prosecutors trying to pry loose their confidential sources. Congress should pass it, and quickly.

FOIA law on attorney fees can be applied retroactively
A federal district court judge in Montana ruled that Freedom of Information Act requesters who prevail in litigation against federal agencies can recover attorney fees under new statutory reforms enacted in December even if the litigation was filed prior to the reforms' passage.

Thomas Mitchell: Time is running out for Toni Locy [Las Vegas Review-Journal, May 18, 2008]
"Time is running out for me."

I heard those chilling words when I was in Philadelphia this past weekend for a conference of the National Freedom of Information Coalition. I was invited as the founding president of the fledgling Nevada Freedom of Information Coalition.

NY lawmakers want to criminalize violent Web postings [Newsday, May 13, 2008]
Reacting to recent Internet postings like "Dude gets savagely put to sleep" and "Brutal girl fight," several Republican state senators vowed Tuesday to criminalize videotaping and sharing assaults online, saying it victimizes people a second time.

Information that doesn't come freely [The New York Times, May 11, 2008]
NINA BERNSTEIN, a Times reporter, wrote a front-page article last June about the deaths of prisoners in the fastest-growing form of incarceration in America, immigration detention.

Civil rights attorneys believed that, since the start of 2004, about 20 people had died while in custody facing possible deportation, but a spokeswoman for the federal immigration agency told Bernstein a surprising fact: the number was 62. Bernstein asked for details, like who they were and how they died. The spokeswoman refused, so Bernstein did what reporters often do — she filed a request under the federal Freedom of Information Act, known as FOIA, for what she believed should be public records. Although the law required the agency to answer such a simple request within 20 business days, Immigration and Customs Enforcement initially responded the way many agencies do — with silence.

From places unexpected, support for the press [The New York Times, May 10, 2008]
An unusual cast of conservatives has added momentum to a bill that would protect the confidentiality of reporters’ sources, even as the Bush administration has lobbied vigorously against the idea.

Reporter challenges ruling over sources in anthrax case [USA Today, May 9, 2008]
A federal appeals court appeared reluctant today to uphold hefty fines for a reporter who refuses to identify the sources of her stories about the 2001 anthrax attacks.

Former USA Today reporter Toni Locy is appealing a judge's order requiring her to pay up to $5,000 a day out of her own pocket until she gives up her sources.

Report: US lacks plan to counter terrorist messages [Associated Press, May 8, 2008]
The United States must develop a communications plan to counter radical Islamic messages on the Internet, according to a Congressional report released on May 8.

Because the Internet's easy access makes it possible for al-Qaida and other terrorist sympathizers to spread their beliefs and recruit new followers, the government needs a coordinated and thorough response that it currently lacks, said the senior senators on the Homeland Security and Governmental Affairs Committee.

But shutting down the sites is not the best option, said Sen. Susan Collins, R-Maine, because of First Amendment issues and the "whack-a-mole" effect — the government shuts down one site and another site pops up almost instantly.

Site keeps students posted [The Baltimore Sun, May 2, 2008]
Baby-faced Johns Hopkins senior Andrew Mann is a budding astrophysicist, but his unlikely sideline as a cyberspace gossip-monger already has him exploring the darkest, dirtiest corners of the undergraduate cosmos and fending off attacks from campus lawyers and outraged students.

April 2008

Federal railroad accident reports now available online [The Reporters Committee for Freedom of the Press, April 2, 2008]
On April 2, the Federal Railroad Administration announced that post investigation reports of major train accidents would now be available online.

Click here, to view the reports.

March 2008

Lawyers for 'USA Today' Reporter Ask Court to Drop Contempt Charge [Editor & Publisher, March 29, 2008]
Lawyers for a former USA Today reporter have asked a federal appeals court to reverse a contempt of court citation against the journalist, who refuses to reveal her sources for stories about the criminal investigation of the 2001 anthrax attacks.

Irked by a ticket? Now drivers can rate the officer who issued it [The New York Times, March 22, 2008]
Inspired by the many Web sites that allow users to rate their teachers, their doctors, even their neighbors, a couple from Culver City have created one that allows people to rate police officers and sheriff’s deputies across the country.

Some law enforcement officials, though, strongly object to the site, arguing that it exposes officers to resentment and reprisal and vowing to pursue legislation to block it.

Supreme Court to rule on broadcast indecency [The Los Angeles Times, March 18, 2008]
The Supreme Court agreed Monday to rule for the first time in 30 years on what constitutes indecency on broadcast television and radio.

The justices will weigh whether federal regulators may levy large fines on broadcasters who let expletives on the airwaves during daytime and early evening hours.

February 2008

Reporter held in contempt in anthrax case [The New York Times, Feb. 20, 2008]
A federal judge found a former reporter for USA Today in contempt of court on Tuesday for refusing to name her confidential sources who had discussed a former Army scientist’s possible role in the 2001 anthrax attacks.

States push for cyberbully controls [USA Today, Feb. 6, 2008]
The problem of cyberbullying gained national attention last November when the story surfaced of a 13-year-old Missouri girl who killed herself following an Internet hoax.

The death of Megan Meier, who was allegedly tormented by a neighbor on the Web, echoed another case three years earlier in Vermont. There, a 13-year-old boy committed suicide after being bullied online by peers who spread rumors that he was gay.

Those incidents — along with complaints from teenagers, parents and educators — are spurring an increasing number of state lawmakers across the USA to draft legislation giving schools more power to do something about bullying over the Internet.

Is ombudsman already in jeopardy? [Washington Post, Feb. 6, 2008]
Hours before the new year, open-government groups won a key victory in their years-long fight to force government agencies to release documents without months, and sometimes years, of delay. The moment came when President Bush reluctantly signed a law enforcing better compliance with the Freedom of Information Act.

But in his budget request this week, Bush proposed shifting a newly created ombudsman's position from the National Archives and Records Administration to the Department of Justice. Because the ombudsman would be the chief monitor of compliance with the new law, that move is akin to killing the critical function, some members of Congress and watchdog groups say.

Times reporter subpoenaed over source for book [The New York Times, Feb. 1, 2008]
A federal grand jury has issued a subpoena to a reporter of The New York Times, apparently to try to force him to reveal his confidential sources for a 2006 book on the Central Intelligence Agency, one of the reporter’s lawyers said Thursday.

January 2008

Judge orders white house to divulge status of e-mails [The Washington Post, Jan. 9, 2008]
A federal magistrate ordered the White House yesterday to reveal whether copies of possibly millions of missing e-mails are stored on backup tapes.

The order by U.S. Magistrate Judge John M. Facciola gave the White House five business days to report whether computer backup tapes contain e-mails written between 2003 and 2005.

December 2007

Media advocacy group requests public access to Sept.11-related court filings [The Reporters Committee for Freedom of the Press, Dec. 21, 2007]
The Reporters Committee for Freedom of the Press asked a federal court in Manhattan on Dec. 21 to require open access to records in the civil case over liability following the Sept. 11, 2001 terror attacks.

Congress votes to broaden openness law [The Washington Post, Dec. 19, 2007]
Taking aim at Bush administration secrecy, Congress yesterday overwhelmingly approved a bill that would toughen the Freedom of Information Act and penalize government agencies that fail to surrender public documents on time.

Senate Committee Votes to Allow TV Coverage of Supreme Court [The Reporters Committee for Freedom of the Press, Dec. 14, 2007]
A bitterly divided Senate Judiciary Committee recently approved a measure that would allow camera access to the U.S. Supreme Court, despite the echoes of vocal opposition from the justices themselves.

Senators Urge Passage of Revised FOIA Bill [Editor & Publisher, Dec. 5, 2007]
Lawmakers are scrambling to align House and Senate versions of a bill to strengthen freedom-of-information laws in time to pass it this year.

October 2007

Media Shield Law Breezes Through House [The Washington Post, Oct. 16, 2007]
The media shield bill, commonly known as the Free Flow of Information Act, is one step closer to becoming law. On Oct. 16, the U.S. House of Representatives passed H.R. 2102 almost unanimously with a 398-21 vote, despite threats from the White House to reject the bill.

Toni Locy

For former USA Today reporter Toni Locy, who faced financial ruin for protecting sources, the clouds may be breaking. First, a US Court of Appeals put a hold on a judge's order that Locy pay hefty fines from her own meager assets. And then, the Justice Department settled the lawsuit with the former government scientist who had demanded to know who her sources were.

Headlines and Exonerations [The New York Times, August 16, 2008]
Late on Aug. 8, the Justice Department finally exonerated Steven J. Hatfill, acknowledging six years after labeling him a “person of interest” that he was not the man who killed five people with anthrax attacks on Congress and news organizations in 2001.

Judge shows "willingness" to vacate Locy contempt order [The Reporters Committee for Freedom of the Press, June 30, 2008]
In an unusual written notice, U.S. District Judge Reggie B. Walton has informed former USA Today reporter Toni Locy that if she asks the D.C. Circuit to remand the appeal of her contempt citation, he will vacate the order.

Anthrax settlement doesn't address reporters' issue [USA Today, June 30, 2008]
The Justice Department's $5.8 million settlement with Steven Hatfill, named a "person of interest" in the 2001 anthrax attacks, leaves unresolved his challenge to reporters' rights in protecting sources of sensitive information.

Scientist is paid millions by U.S. Anthrax Suit [The New York Times, June 28, 2008]
The Justice Department announced Friday that it would pay $4.6 million to settle a lawsuit filed by Steven J. Hatfill, a former Army biodefense researcher intensively investigated as a “person of interest” in the deadly anthrax letters of 2001.

Pressed freedom [The Boston Globe, May 8, 2008]
Locy was always a good, tough-nosed journalist, always in high heels and high spirits. She is now in danger of becoming a very broke and incarcerated journalist. A federal judge in Washington, D.C., named Reggie Walton wants to bankrupt her and throw her in jail because she won't give up her sources.

Hell on heels [American Journalism Review, April/May 2008]
During a newspaper career that spanned two-and-a-half decades, Toni Locy says, she was never afraid on the job.

Not when she was writing about the mob in Philadelphia, not when she was defending not-so-flattering police stories to not-so-flattered police officers in Boston, not when she was portraying the president of the United States as an intern-canoodling liar in Washington, D.C.