Justia Communications Law Opinion Summaries

The Supreme Court reversed the order of the trial court that the Senate disclose all communications concerning an audit to American Oversight, holding that communications concerning legislative activities need not relate to proposed or pending legislation nor require an affirmative showing of indirect impairment of legislative deliberations to qualify for legislative privilege.At issue in this case was the scope and application of legislative privilege pursuant to the "Gravel/Fields framework" under the Arizona Constitution and common law. In 2020, Senate members contracted to conduct an audit of ballots cast in Maricopa County. American Oversight, a nonprofit organization, filed a complaint under Ariz. Rev. Stat. 39-121 to compel disclosure of the documents. The trial court rejected the Senate's immunity claim and ordered it to disclose the documents. When the Senate submitted a privilege log listing several withheld and redacted communications along with the requested documents American Oversight moved to compel the Senate to produce the withheld records. The trial court rejected the Senate's legislative privilege claim and granted the motion. The Supreme Court reversed, holding that the Gravel/Fields framework requires that the Senate only disclose communications concerning administrative, political, or other non-legislative matters. View "Fann v. Honorable Kemp" on Justia Law