Should a Judge Blog? And Tell the Supreme Court to Shut the F--- Up?

Jul 8, 2014
U.S. District Court Judge Richard G. Kopf -- who I mentioned in my previous post on the availability of federal courts' audio recordings of their proceedings -- has gotten into a bit of hot water for a post on his personal blog criticizing the U.S. Supreme Court's recent decision in Burwell v. Hobby Lobby Stores, Inc.

Limiting Damage of EU Privacy Ruling

Jun 26, 2014
Google has began implementing a decision (summary) by the European Court of Justice requiring search engines to honor requests to remove links to online information about individuals that is "no longer necessary in the light of the purposes for which they were collected or processed," under the European concept of "the right to be forgotten." And it has done so in a way that limits the damage to the internet as a source of information.

Credential Decision Circles the Wagons

Jun 24, 2014
Back when I was a lawyer in Washington, D.C. -- for the Reporters Committee for Freedom of the Press -- I received an invitation to "cover" President Clinton's announcement of his nomination of Ruth Bader Ginsburg to the U.S. Supreme Court. When I arrived at the White House gate, I had to wait a bit while the Secret Service checked my ID. As I waited, members of the regular White House press corps arrived, and tried to flash their access passes and get through the checkpoint. When they were delayed because of the line of non-regulars like me, they got upset and belligerent.  They yelled, and banged on the glass windows of the booth. Eventually they -- and I -- got in for the press conference.

I'm reminded of this incident because of the recent decision by the Standing Committee of Correspondents of the Senate Press Gallery denying Senate press credentials to SCOTUSblog.com. Both incidents reveal an "insider," "us-versus-them" attitude of the established press towards other sources of news: an attitude that is increasingly anachronistic in the modern media age.

Sixth Circuit Finally Ends the Chill

Jun 16, 2014
In 2012, the federal Sixth Circuit Court of Appeals allowed a lawsuit against a web site over comments posted by users to proceed to trial. Now the same court has held that a federal law bars such suits, a position that it rejected two years ago.

Supreme Court's Risen Denial Probably a Good Thing

Jun 3, 2014
I wanted to write something on this topic, but because I injured my hand playing volleyball, I can't type much.

So I'm glad Matthew Cooper -- who has his own experience with reporters privilege -- has written an article explaining that the result would have likely been bad for the press had the U.S. Supreme Court decided to review the James Risen case. The court declined to review the case on Monday.

Be aware: tweeting allowed in some courtrooms but not others

May 28, 2014
... Eric P. Robinson, co-director of the Program in Press Law and Democracy at Louisiana State University, advises journalists to get permission before tweeting from the courtroom unless the judge has a clear policy on the matter.

www.poynter.org/how-tos/newsgathering-storytelling/253548/tweeting-allowed-from-some-courtrooms-but-not-others/

Excellent Analysis of E.U. Decision

May 18, 2014
My colleague Mark Stephens, a London barrister, has written an excellent analysis of the E.U. Court of Justice ruling requiring internet search engines to remove links to embarrassing yet true information about individuals who are not public figures.

The title of Mark's commentary in The Guardian, "Only the powerful will benefit from the 'right to be forgotten,'" explains just one of the many problems with the E.U. court's ruling.

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