CMLP Amicus Efforts

The Citizen Media Law Project contributes to amicus curiae briefs in a variety of cases with important implications for online speech, journalism, and the public good. Below is a list of amicus efforts we have led or participated in. We are always looking for new amicus opportunities — please don't hesitate to contact us if you are trying to build a coalition or attract amicus support.

• Hatfill v. Mukasey, No. 08-5049 (D.C. Cir. Mar. 10, 2008). CMLP joined 28 of the country's leading news organizations, press associations, and nonprofits in filing an amicus curiae brief opposing the contempt citation issued against Toni Locy, a former reporter for USA Today.

• Jones Day v. BlockShopper LLC, No. 08CV4572 (N.D. Ill. Sept. 19, 2008). CMLP joined Public Citizen, EFF, and Public Knowledge in submitting an amicus curiae brief in support of BlockShopper.com's motion to dismiss Jones Day's trademark claims against it based on BlockShopper's reporting on the home purchases of two of Jones Day's associates.  The court denied permission to file the brief.

• Dugas v. Robbins, No. BACV2008-491 (Mass. Sup. Ct. Nov. 7, 2008).  CMLP joined with the Online News Association, Media Bloggers Association, New England Press Association, and Globe Newspaper Company to submit an amicus curiae brief arguing that the Massachusetts anti-SLAPP statute applies to all parties who engage in petitioning activities, including members of the news media and professional bloggers. The court denied permission to file the brief.

• Noonan v. Staples, Inc., No. 07-2159 (1st Cir. Mar. 11, 2009). CMLP joined other media organizations and media law advocacy groups in seeking permission to submit an amicus curiae brief urging the U.S. Court of Appeals for the First Circuit to grant rehearing en banc. In Noonan, a three-judge panel of the First Circuit held that an outdated Massachusetts statute allowed a former Staples employee to hold the company liable for defamation based on a truthful email sent to employees explaining the reason for his termination, so long as he could prove that the email was sent with "actual malevolent intent or ill will." The court denied permission to file the brief.

• Maxon v. Ottawa Publ'g Co., No. 2008-MR-125 (Mar. 24, 2009). CMLP and other media and advocacy organizations submitted an amicus curiae brief urging an Illinois appellate court to protect the rights of anonymous Internet speakers by imposing important procedural safeguards before ordering disclosure of their identities. The court granted permission to file the brief.

• Barnes v. Yahoo! Inc., No. 05-36189 (May 21, 2009). CMLP joined Public Citizen, the Center for Democracy and Technology, and the Electronic Frontier Foundation in submitting an amicus curiae brief in support of Yahoo!'s petition for rehearing.  The brief asked the court to amend its previous opinion to omit dicta indicating that Section 230 of the Communications Decency Act cannot be raised on a motion to dismiss, as well as to clarify that Section 230 applies to federal as well as state law claims.  The court amended its opinion along the lines suggested in the brief.

• The Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc., No. 2009-0262 (June 22, 2009). CMLP and the Reporters Committee for Freedom of the Press joined forces to submit an amicus curiae brief urging the New Hampshire Supreme Court to defend the First Amendment rights of a website that covers news about the mortgage industry.  The brief analyzed constitutional limitations on prior restraints in cases involving publication of leaked documents and urged the court to apply New Hampshire's qualified reporter's privilege to online news publishers. The court granted permission to file the brief.

• United States v. Stevens, No. 08-769 (U.S. Sup. Ct. July 24, 2009). CMLP joined the Reporters Committee for Freedom of the Press in submitting an amicus curiae brief urging the U.S. Supreme Court to strike down a federal statute that criminalizes the possession, creation or sale of a wide variety of depictions involving animals.

• Fustolo v. Hollander, No. SJC-10485 (Mass. Oct. 1, 2009). CMLP joined the ACLU of Massachusetts and the Lawyers' Committee for Civil Rights Under Law of the Boston Bar Association in submitting an amicus curiae brief arguing that the Massachusetts anti-SLAPP statute applies to all parties who engage in petitioning activities, including members of the news media and paid staff of advocacy organizations.