Do student newspapers and TV stations have the same degree of First Amendment protection as independent newspapers and broadcasters? A pending Nebraska case will examine that question. In the Northwest Public School District, the Viking Saga, a student-run newspaper,...
Edward L. Birk
Check Out the MTSU Free Speech Center Annual Report
Are you interested in becoming more informed about the First Amendment, but you’re not sure where to begin? The Middle Tennessee State University Free Speech Center is a great place to start. The center’s annual report for 2022 is available here: annual report. The...
Court: Fees and Permits for Commercial Filming at National Parks Are Reasonable Under First Amendment
What happened to the commercial filmmaker who filmed at a national park without first obtaining a permit? He claimed the need to pay a fee and obtain a permit violated the First Amendment. The trial court ruled in his favor. The U.S. Court of Appeals for the D.C....
Something Tells Me It’s All Happening at the Zoo… Private Institutions and Public Funding
When you mix private institutions and public funding, the question often arises: At what point does a private company become subject to public records law? We’ve asked this question before. Now we see another example playing out in Ohio. A construction company filed a...
News Station Sues to Expose Local Agency Public Records Neglect in New Orleans
Sometimes news organizations are digging for public records to aid in a larger exposé that can affect people’s lives in a very material way – like compensation for medical or repair expenses. In New Orleans, the news station Fox 8 has filed suit against the city...
Does a Public University Need a Protective Order?
Colleges and universities that receive public funds are subject to open records law. Are there any limits? At Oklahoma University, NonDoc Media and their editor-in-chief, Tres Savage, have been engaged in a struggle with OU’s petition for a protective order. The goal...
How Far Will Racine, WI Go to Conceal a City Public Records Misstep?
If you’re the “wrong” person requesting the “wrong” city public records from the “wrong” officials, you can have a very tough time indeed. You might even endure a years-long legal struggle. Of course, by “wrong” in all these instances, I really mean: Some public...
Did PETA Public Records Suit Misreport OSHU’s Behavior or Hold them Accountable?
Does a public records suit always conform to a good guy vs. bad guy narrative? Is the requester always the hero, and the public entity is always the villain? Of course, it’s not that black and white. Public records laws were created to support government transparency...