Category Archives: First Amendment

The Department of Justice Should Drop the Inauguration Day Protest Cases

Posted on June 11, 2018 by

The Department of Justice has been humiliated in its misguided prosecution of over two hundred Inauguration Day protestors. It has lost every single case to go to trial. It has engaged in intentional violations of the rules. And it has … Continue reading →

Posted in Acquittal After Jury Trial, Brady violations, Discovery/Brady, DOJ policy and practice, First Amendment | Tagged | 1 Comment

Protecting the Unindicted Co-Conspirator – Bridgegate, Continued

Posted on November 2, 2016 by

In North Jersey Media Group, Inc. v. United States, the Third Circuit addressed another interesting legal issue that arose within the Bridgegate scandal in New Jersey. You can read more about that case here. The media’s right to access information … Continue reading →

Posted in First Amendment, Public Corruption | Tagged | Leave a comment

Free Speech Wins: Overbroad Massey Mine Gag Order Lifted

Posted on March 18, 2015 by

I have been writing about the stupendously overbroad gag order imposed sua sponte by the judge in the criminal trial of Donald Blankenship, former CEO of Massey Mine. Judge Irene Berger imposed it, several media organizations intervened to challenge it, … Continue reading →

Posted in First Amendment | Tagged | 2 Comments

Gag Me With An . . . Order? Massey Mine Case Starts With Broad Gag Order

Posted on December 19, 2014 by

The federal case against former Massey CEO Donald Blankenship has taken a rather unexpected turn—a sweeping gag and sealing order that effectively prevents anyone from following the case. I was hoping to cover this case in some detail by analyzing … Continue reading →

Posted in First Amendment, Gag order | Tagged , | 2 Comments