ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Appellate Law Blogs -> Appellate Law and Practice

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Appellate Law

: Appellate Law and Practice

CA1: Journalists prevail on Fourth (but not First) Amendment claims

By S. COTUS

ADVERTISEMENTS

Asociacion de Period v. Mueller, No. 07-2196.  At long last, the First issues an opinion in a big First Amendment case.  Essentially some FBI agents were not too happy about press coverage of some raid they were conducting, and allegedly there was some violence. The plaintiffs bring suit claim that their First and Fourth Amendment rights were violated.

As to the First Amendment issues, ?The plaintiffs allege that the defendants, through the use of force and intimidation, violated the First Amendment because they interfered with the journalists' ability to gather and report on the news while within the gated condominium complex and at the nearby helicopter landing field.?  The First says that because the plaintiffs didn?t show that they were authorized to enter the field in the first place.  The First stretches here, because there is some evidence that someone invited them in.  Then it gets a little weird.  It writes ? Absent evidence establishing the plaintiffs' right to enter the properties, the incidents complained of do not amount to a violation of the First Amendment.?  What?  Why ?compelling? evidence?  That isn?t the standard for summary judgment.  Did the First just make that up?

As to the Fourth Amendment/Excessive Force claims.  ?The plaintiffs contend that they were attempting to exit the gated area, but were impeded by the narrow pedestrian access gate. While bottlenecked in the space between the agents and the gate, the defendants hit some of the plaintiffs and, without warning, applied pepper spray directly into their faces.? The First says that the affidavits of the FBI agents are conclusory, and just say that the plaintiffs refused to move, and doesn?t actually address the plaintiffs? injuries.  There is some discussion of the contours of excessive force.  Since the affidavits were so general, the qualified immunity argument fails on this.

Another issue is whether a DVD (which the plaintiffs argue was heavily edited) could be used by the defendants to obtain summary judgment on qualified immunity grounds.  The District Court said it wasn?t considering it.

Full post as published by Appellate Law and Practice on June 18, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0146 secs (new cache)