New York Times v. Sullivan, “Breathing Space” And Freedom Of Information
Posted: March 13, 2014 Filed under: General Law | Tags: foia, freedom of information, new york times v. sullivan, privacy, Sandy Hook Leave a comment“Whatever is added to the field of libel [individual privacy] is taken from the field of free debate [freedom of information].”
Daniel J. Klau (March 13, 2014) (paraphrasing New York Times v. Sullivan, 376 U.S. 254 (1964)).
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Fifty years (and 4 days) ago, the United States Supreme Court decided the landmark defamation case, New York Times v. Sullivan, which established the “actual malice” standard for defamation claims against public officials. That standard requires a public official who brings a defamation suit to establish not only that the challenged statements are false and defamatory, but also that the defendant made the statements with: i) actual knowledge of their falsity, or ii) reckless disregard for their probable falsity. That is a heavy burden for a public official to meet and, not surprisingly, the actual malice standard greatly reduces the likelihood of a newspaper or other media entity being held legally responsible for libeling a public official. Face it, as much as many people dislike the media, reporters and editors generally are not in the habit of saying things that they know for a fact to be untrue.
What does any of this have to do with freedom of information? I’m getting there, I promise.
What Is “Equal Opportunity”?
Posted: February 24, 2014 Filed under: General Law Leave a commentEqual outcomes or equal opportunity? I hear this question debated constantly. But like debates about the meaning and existence of God, I find debates about equal opportunity v. outcomes pointless unless we first define the meaning of the terms being debated.
House Of Cards = Bad Civics Lesson
Posted: February 21, 2014 Filed under: General Law | Tags: blackstone, house of cards 2 CommentsDoes anyone out there suffer from the same problem I do, to wit, a compulsion to watch House of Cards, followed by a feeling of revulsion after watching each episode? But let’s leave the psychoanalysis for another day . . . .
Finally, A Ray Of Open Government Sanity In The State Senate
Posted: February 9, 2014 Filed under: General Law | Tags: Donald Williams, foia, Sandy Hook Leave a commentAfter a year of emotion clouding reason in the public debate over freedom of information in Connecticut, a ray of sanity broke through those clouds last Thursday.
Efforts to curtail public access to 911 calls and photographs of homicides have gained momentum since last June, culminating in a widely criticized set of recommendations proposed last month by the legislature’s “Task Force on Victim Privacy and the Public’s Right to Know.” The Task Force, which was weighted in favor of privacy advocates, and which never even considered the possibility of recommending that the legislature repeal anti-Freedom of Information Act (“FOIA”) legislation it passed in almost total secrecy last June, recommended that 911 emergency calls and other records be made largely exempt from disclosure under the FOIA.
How Would Amanda Knox Have Fared In The U.S. Justice System?
Posted: February 8, 2014 Filed under: General Law | Tags: amanda knox Leave a commentLaw professor Jason Mazzone has an interesting post concerning the Amanda Knox retrial (and conviction) in Italy. He wonders how Knox would have fared had her alleged crimes been committed in the U.S.:
Under those circumstances, the most likely place Knox would be today is in prison serving a lengthy sentence. This is because, as is true of the vast majority of criminal defendants facing trial, Knox would have pled guilty pursuant to a plea bargain—in exchange for a reduced sentence or dropped charges or some combination of both. As it is, Knox might well never spend another day in prison and certainly she will not be in a cell anytime soon. From that measure, the Italian criminal justice system probably serves Knox better than would that of the United States.
Subpoenas And The Fifth Amendment: The Chris Christie “Bridge” Scandal, Ctd
Posted: February 5, 2014 Filed under: General Law | Tags: chris christie, fifth amendment, george washington bridge Leave a commentThe media is reporting that Bridget Kelly, former aide to New Jersey governor Chris Christie, is “taking the Fifth” in response to subpoenas issued by a New Jersey state legislative committee investigating the George Washington Bridge closure scandal. According to the New Jersey Star-Ledger, Kelly’s lawyer, Michael Critchley, wrote in a letter in response to the subpoenas:
Here, the information demanded from Ms. Kelly … directly overlaps with a parallel federal grand jury investigation being conducted by the United States Attorney’s Office for the District of New Jersey. . . . As such … Ms. Kelly asserts her rights under the Fifth Amendment of the United States Constitution and New Jersey law and will not produce the information demanded by the Committee.
Is Ms. Kelly’s invocation of her Fifth Amendment right not to incriminate herself proper in response to a subpoena? Possibly, but probably not. Here’s why.
Discussing the Chris Christie “Bridge” Scandal With Colin McEnroe
Posted: January 13, 2014 Filed under: General Law | Tags: chris christie Leave a commentColin McEnroe invited me to join him on his WNPR show this afternoon to discuss the criminal implications, if any, of the growing George Washington Bridge closure scandal enveloping New Jersey governor Chris Christie. Check out our conversation here (beginning at 41:08 into the program).
Appealingly Brief! 