First Amendment Protects Citizens’ Rights To Record Police Activities

Yesterday the United States Supreme Court declined to review a 2-1 decision of the Seventh Circuit Court of Appeals holding that the public has a First Amendment right to record (both audio and audiovisual) the conduct of government officials, including police officers, while they are performing their official duties in public.  Although the denial of a petition for certiorari does not mean that the Supreme Court agreed with the court of appeal’s decision, the high court’s refusal to consider the case is likely to be viewed as a positive development by individuals and organizations who are concerned with the notion of a police officer arresting a bystander–who is not interfering with the officer–simply because he used his cell phone to record something the officer was doing. Read the rest of this entry »


Legal Health Break

Did you say “two yutes?”

(Apologies for the watermark. Looking for a better clip.)


The Final Judgment Rule (Part Two)

[Click here for Part One]


The Power To Terminate Includes The Power To Evaluate

The Hartford Courant has an editorial today about an unfortunate dispute that has been brewing over at Connecticut’s Office of Governmental Accountability (“OGA”).  The dispute is over who has the authority to evaluate the OGA executive administrator’s performance. Read the rest of this entry »


The Danger Of Trying To Predict Legal Decisions

On September 26, 2012, the Connecticut Supreme Court issued a summary order in favor of the state Republican Party on its claim that its candidates were entitled to the top spot on the ballot in the upcoming elections.  The Court said that a full-fledged written decision would follow.  I foolishly dared to predict what the Court would actually say in that forthcoming decision.   Specifically, I predicted that the Court would conclude that the Republican Party had an administrative remedy–it could have sought a declaratory ruling under the Uniform Administrative Procedure Act from the Secretary of State (“SOS”)–but that pursuing that remedy would have been “futile” because the SOS had made clear that she intended to stand by her view that the Democratic Party would get the top ballot position. Read the rest of this entry »


The Citizens United Decision and Campaign Finance

Last Friday I had the honor and pleasure of moderating a symposium at the University of Connecticut School of Law on the Citizens United decision and its impact on campaign finance and elections. We had two great panel discussions, followed by a keynote address by former Wisconsin Senator Russ Feingold.  Click here to watch a video of the symposium.


Legal Health Break

Paul Newman + Egg + Beer = Academy Award:


Second Circuit Strikes Down Defense Of Marriage Act

Last week the Second Circuit Court of Appeals became the second federal circuit court (the First Circuit led the way) to strike down section 3 of the Defense of Marriage Act (“DOMA“) on equal protection grounds.  (Click here to read ruling.)   Section 3 states:

In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.

Beyond the ultimate disposition of the case, what is striking about the Second Circuit’s decision  is that the court applied heightened scrutiny in evaluating the constitutionality of section 3, which obviously excludes gays and lesbians.  (The First Circuit had applied rational basis review to DOMA.) Read the rest of this entry »


The Case Of The Vanishing Hyperlinks

For as long as I can remember, the state’s “watchdog” agencies–the Freedom of Information Commission, Ethics Commission and Elections Enforcement Commission–have had their own hyperlinks on the state’s official online directory to state agencies.  Last week those hyperlinks disappeared.   Look under the letter “F,” where the FOIC used to be, and there is, well, nothing.  There are five agencies under the letter “E,” but Ethics and Elections are not among them.

Where did the watchdog hyperlinks go?   You could click on a link called “consolidated agencies” at the top of the page.   Or if you go to the letter “G” and click on the link for the new Office of Government Accountability, you’ll find them listed under the picture of David Guay, the Executive Administrator of the OGA.   Neither of these locations, however, are where most members of the general public would think to look when trying to find a link for the FOIC, Ethics or Elections.

The location of the hyperlinks under the OGA implies that Mr. Guay has some type of substantive authority over the watchdog agencies.   He does not.  His role as head of the OGA is to coordinate so-called “back office” services, such as information technology, payroll, etc., for a variety of state agencies that were consolidated at the beginning of the Malloy administration.  If a member of the public has substantive questions of freedom of information, ethics or elections, Mr. Guay is not the person to call.

Why the longstanding, direct links to the watchdog agencies were removed from the state’s official online directory remains a mystery.  Whatever the reason, their removal is a bad idea.  The links should be restored so the public can find them quickly and easily.

UPDATE: In response to a few reader comments, allow me to underscore that I do not have any idea who was responsible for the removal of the hyperlinks.  I did not mean to suggest that Mr. Guay or OGA was responsible.  I simply have no knowledge on that issue.  In addition, I should note that the OGA includes a number of other agencies, such as Judicial Selection and Judicial Review, Office of the Child Advocate and Office of the Victim Advocate, Board of Firearms Permit Examiners and others, whose hyperlinks also vanished.

FURTHER UPDATE (Oct. 9, 2012):  Great news!  The hyperlinks have been restored!   I don’t know who was responsible for their restoration, but it was the right thing to do and it happened quickly.  Thanks to those responsible for the speedy fix.


Remembering A Mentor: Mark Kravitz

Even though most attorneys in the Connecticut bar were well aware that Federal District Court Judge Mark R. Kravitz had been battling Lou Gehrig’s disease for more than a year, the news of his passing yesterday at the far–too-young age of 62 still came as a terrible blow.  For me, Mark’s passing means the loss of one of the most important mentors in my professional life.  I owe my professional reputation in Connecticut as an appellate and First Amendment attorney to Mark.  I owe my position on the UCONN Law School adjunct faculty to Mark.  I owe my membership on the boards of the Connecticut Foundation for Open Government and the Connecticut Council on Freedom of Information to Mark.  In so many other ways, I am indebted to Mark. Read the rest of this entry »