State Court Clerks in New Mexico Delay Access to Court Records in Violation of the First Amendment, But an Adequate Remedy Proves Elusive
On October 8, 2021, after a preliminary injunction hearing held on September 28, 2021, Judge James O. Browning of the U.S. District Court for the District of New Mexico issued a 92-page opinion in which he found that the New Mexico Administrative Office of the Courts and the First Judicial District Clerk’s Office violated the First Amendment right of timely public and press access to newly filed state civil, non-confidential complaints. While a favorable ruling in many respects, the resulting preliminary injunction does not, for now, fully remedy the constitutional violation. Get insights from John Edwards »
Chip Babcock, Josh Romero, and Scott Weatherford obtained permission allowing Amos Pictures to record and broadcast portions of the proceedings in five separate lawsuits brought by parents of the children killed at Sandy Hook against Alex Jones and InfoWars.
Chip Babcock, Nancy Hamilton, and Joel Glover represented Dr. Phil McGraw, CBS Studios, and Peteski Productions in a case brought by a guest on Dr. Phil who claimed she had been made to look foolish and, as a result, suffered extreme emotional distress.
Paul Watler and Eric Wong filed a friend of the court brief by the Texas Association of Broadcasters in support of a news photographer’s lawsuit challenging the constitutionality of the state’s law restricting the use of drones for newsgathering purposes.
Jackson Walker is pleased to announce the addition of Demi Williams as a senior counsel in the Dallas office.
Her practice focuses on all facets of complex litigation, including sports, media, and entertainment matters, as well as government investigations. Prior to Jackson Walker, Demi represented public schools and entities before state and federal courts and served as an assistant district attorney in San Francisco. She also represented individuals and entities in federal government investigations and complex commercial litigation matters.
WINNERS & LOSERS
In a challenging environment for the Olympic and Paralympic Games, there was still plenty to make one embrace the competition, Bob Latham wrote in his recent Winners & Losers column.
“I feel good about the recognition that winning a silver or bronze medal does not mean that you lost gold. We learned that lesson from athletes who have experienced a full tray of medals.”
For the first time in over 50 years, a high school student has won a free speech case in the Supreme Court. In its June 23, 2021, decision, the Court ruled that a Pennsylvania high school could not punish a cheerleader for posting an off-color Snapchat.
In an interview with Girls’ Life magazine, James Carlos McFall, who led the Jackson Walker team that successfully obtained the largest-known settlement in a student speech case in U.S. history, discussed the tricky nature of student speech.
“Where it gets tricky is when student speech impacts the school environment,” James said. “That blurred line of where speech originates and where it lands is a natural consequence of social media. It has made First Amendment analyses of these issues really interesting.”
Bob Latham Speaks on Panel Discussing Athletes and the Media
On August 31, 2021, Bob Latham spoke on a Media Law Resource Center panel entitled “Sports, Athletes, and the Media: Is the Balance of Power Shifting.” The webinar discussed how the relationship between athletes and journalists will change after Naomi Osaka withdrew from the French Open, how the Supreme Court’s decision in NCAA v. Alston will impact sports, and whether legalized sports gambling will impact sports journalism. Fellow panelists included Tim Cowlishaw of The Dallas Morning News and Julie DiCaro, Deadspin columnist and author of Sidelined: Sports Culture And Being A Woman In America.
These materials are made available by Jackson Walker for informational purposes only, do not constitute legal advice, and are not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described. Your use of these materials does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.
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