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CFAC NEWS
Thursday, August 17, 2006

CFAC joins amicus brief backing documentary journalist jailed for refusing to turn over out-takes to federal prosecutors

CFAC, together with the Reporters Committee for Freedom of the Press, the Society of Professional Journalists and the WIW Freedom to Write Fund, has filed an amicus brief in the case of independent documentary film maker and self-styled anarchist, Josh Wolf. Here’s a PDF of the brief.

Wolf is in jail for having refused to honor a federal district court subpoena for the out-takes from his…

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Posted in: News & Opinion

CFAC NEWS
Sunday, August 13, 2006

CFAC named 2006 recipient of Eugene Pulliam 1st Amendment Award

The California First Amendment Coalition, together with its current executive director and its former general counsel, has been named the 2006 recipient of the Eugene S. Pulliam First Amendment Award for the defense and protection of First Amendment rights.

The national award, administered by the Sigma Delta Chi Foundation, is named for the former publisher of the Indianapolis Star, Eugene Pulliam, known for his support of free speech and free press causes. The award includes a $10,000 cash prize.

The 2006 award will be…

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Posted in: CFAC In The News

COMMENTARY
Wednesday, July 26, 2006

Judge Walker’s decision in the NSA surveillance case reflects a growing distrust in the federal judiciary of the Bush administration’s expansion of executive power

By Peter Scheer

Three cheers for Vaughn Walker.

Vaughn who? you ask. Until very recently, he was also unknown to lawyers and policy makers in the White House. But on July 20 the unassuming chief judge of the federal district court in San Francisco dropped a judicial bomb.

In a suit against AT&T for alleged collaboration in the National Security Agency’s warrantless wiretapping and…

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Posted in: News & Opinion

COMMENTARY
Tuesday, July 11, 2006

Illegal immigrants have access rights too. The benefits of the Brown Act and Public Records Act do not depend on citizenship.

By Peter Scheer

California’s open government laws--the Brown Act and the Public Records Act, primarily--are often said to vindicate the “people’s right to know” about their government. And indeed they do. But this formulation begs the question: which “people” exactly?

At the country’s founding, seemingly universalist references to “the people” actually meant a minority of the population: white men who owned land. Today, to be sure, the term is more inclusive with respect…

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Posted in: News & Opinion

CFAC on NPR
Tuesday, July 11, 2006

Take the Fifth

CFAC’s Peter Scheer is interviewed by NPR’s Alex Chadwick about the 5th Amendment’s privilege against self-incrimination as a possible defense for reporters facing subpoenas in criminal “leak” investigations---the subject of an article recently published on Slate.com. The 5th Amendment may offer an additional defense, not a substitute for 1st Amendment defenses, Scheer says. Listen to the interview.



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Posted in: CFAC In The News
Flash: First Amendment & Open Government Headlines
Tuesday, July 11, 2006

National First Amendment News

San Francisco Chronicle
New chapter in battle of words over tracking terrorist financing to House plans debate to praise program, snipe at exposers

Associated Press
Information requests take longer for answer

USA Today
Tax dollars to fund study on restricting public data



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Posted in: News & Opinion

NEWS
Monday, July 03, 2006

New Study Finds Commercial Uses of Federal FOI Outpace Requests by Journalists, non-profits and all Others

July 3, 2006

CJOG--The federal Freedom of Information Act, which turns 40 on Tuesday, July 4, is a critical tool for businesses seeking government information and companies conducting competitive research. A new analysis of FOIA use showed that about two-thirds of the requests to 20 departments and agencies were from commercial requesters.

The study also showed FOIA use by the media is considerably less than conventional wisdom would have one believe.

The report by the Coalition…

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Posted in: News & Opinion

COMMENTARY
Wednesday, June 28, 2006

Thanks to AG’s threats to indict press in leak cases, reporters need not rely on 1st Amendment to protect sources. They can take the Fifth.


By Peter Scheer

Our Attorney General, Alberto Gonzales, has stated publicly that he believes journalists may be prosecuted under federal espionage laws for publishing articles based on leaks of classified information. The comments, in an ABC News interview, were directed at the New York Times (for its disclosures about NSA’s warrantless eavesdropping) and the Washington Post (for stories about foreign countries’ assistance in the CIA’s use of “extraordinary rendition").


He…

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Posted in: News & Opinion

COMMENTARY
Wednesday, June 28, 2006

Why the doom-and-gloom about the settlement in the Wen Ho Lee case? Under the circumstances, this deal is a victory for the press


By Peter Scheer


“Deeply troubling.” “Profoundly disturbing.” “A huge disappointment.” So intoned various media law mavens in lamenting the decision of the New York Times, Los Angeles Times, ABC News, Washington Post and Associated Press to join in a settlement of an invasion of privacy lawsuit filed by Wen Ho Lee, an atomic scientist once suspected of espionage.


Lee had sued the federal government for its leaking of damaging information about…

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Posted in: News & Opinion

COMMENTARY
Wednesday, June 28, 2006

Wanted by the FBI: Journalists’ phone records showing calls to and from confidential sources.


By Peter Scheer

Last week two reporters for ABC News reported that the FBI had secretly obtained their phone records—showing whom they had called and who had called them—in order to identify a confidential source as part of an apparent leak investigation.


Neither ABC nor the reporters, Brian Ross and Richard Esposito, had an opportunity to go to court and try to block the government’s access to the phone records—by the time they found out what the government was up to (which,…

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Posted in: News & Opinion

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CFAC Blog Posts
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Does the BART rapid transit schedule point the way to a more transparent federal government?

Anonymous blogger brands cover girl a “skank”; model sues Google to reveal writer’s name

Stockton judge keeps lid on details of kidnap, torture case

Dentist accused of sexually molesting patients seeks to bar media from trial

Recording industry shifts strategy on song-swappers

“Subsidyscope” promises public access to details of federal subsidies

“Deep Throat,” key source in Watergate case, dies in Santa Rosa

New Bush administration rules limit access to educational records, says Student Press Law Center

Gag order, though “unfair” and “unenforceable,” should remain, judge decides

Judge blocks Ventura County paper from publishing details in murder case

Judge Orders Removal of Deposition Excerpt From YouTube

Major newspapers back CFAC/MAPlight lawsuit to expand public access to Legislative actions

How much transparency should the public expect from the Obama administration?

A high school student asks: Should the quest for diversity come at the expense of free speech?

Federal judges routinely grant requests to seal records, despite rules to contrary

Federal Register announces Internet access to public documents

Prop. 8 supporter’s letter to the editor prompts “vicious” reactions

Departing federal officials warned to leave classified documents behind

Groups craft a “roadmap” to transparency, civil liberties for Congress and the Obama administration

Assault near campus doesn’t warrant notice to parents, Vallejo school officials say

Online jouralists sue NYC for denial of police-issued press passes

Fear of FOIA may force Obama to give up his beloved BlackBerry

A Prop. 8 campaign contribution prompts free speech, civil rights dispute

West Covina city execs try to silence their critic, an outspoken city council member

Oakland reporter’s videotape is seized by police, then returned