Justia Communications Law Opinion Summaries

The Supreme Court denied the Cincinnati Enquirer's request for a writ of mandamus but granted an award of attorney fees and court costs, holding that the City of Cincinnati's redactions to body-camera footage were proper but that the Enquirer was entitled to reasonable attorney fees and court costs.The Enquirer requested public records, including body-camera footage taken by police officers' body cameras during the arrest of two men. The City denied the records request, and the Enquirer filed this original action for a writ of mandamus. The Supreme Court granted an alternative writ of mandamus and ordered the City to submit the body-camera videos to the court under seal. The City complied with the directive. Thereafter, the City provided the body-camera footage to the Enquirer but redacted the videos to obscure the faces of plainclothes officers who appeared in the footage. The Supreme Court concluded that the Enquirer was not entitled to a writ of mandamus because the City provided the requested videos and because the redactions were proper. However, the Court granted the Enquirer's request for reasonable attorney fees and costs. View "State ex rel. Cincinnati Enquirer v. Cincinnati" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals denying Appellant's request for a writ of mandamus to compel the Toledo Correctional Institution (TCI) to produce "all interoffice communications and emails" related to Appellant's efforts to obtain size-12EEE boots, holding that the court of appeals correctly rejected Appellant's mandamus claim.In denying relief, the court of appeals determined that Appellant failed to plead facts with sufficient specificity to determine whether the issuance of a writ of mandamus was warranted. The Supreme Court affirmed, holding that Appellant failed to show that TCI possessed any records responsive to Appellant's request, and therefore, Appellant did not establish a legal right to the production of any records or show that TCI had a legal duty to produce any records. View "State ex rel. Alford v. Toledo Correctional Institution" on Justia Law

A Downers Grove ordinance limits the size and location of signs. Leibundguth claimed that it violated the First Amendment because its exceptions were unjustified content discrimination. The ordinance does not require permits for holiday decorations, temporary signs for personal events such as birthdays, “[n]oncommercial flags,” or political and noncommercial signs that do not exceed 12 square feet, “[m]emorial signs and tablets.” The Seventh Circuit upheld the ordinance. Leibundguth is not affected by the exceptions. Leibundguth’s problems come from the ordinance’s size and surface limits: One is painted on a wall, which is prohibited; another is too large; a third wall has two signs that vastly exceed the limit of 159 square feet for Leibundguth’s building. The signs would fare no better if they were flags or carried a political message. A limit on the size and presentation of signs is a standard time, place, and manner rule. The Supreme Court has upheld aesthetic limits that justified without reference to the content or viewpoint of speech, serve a significant government interest, and leave open ample channels for communication. The Village gathered evidence that signs painted on walls tend to deteriorate faster than other signs. Many people believe that smaller signs are preferable. Absent content or viewpoint discrimination, that aesthetic judgment supports the legislation, which leaves open ample ways to communicate. View "Leibundguth Storage & Van Service, Inc. v. Village of Downers Grove" on Justia Law

Under the Communications Act of 1934, 47 U.S.C. 151, the Federal Communications Commission had rules governing ownership of broadcast media to promote “competition, diversity, and localism.” The 1996 Telecommunications Act, Section 202(h) requires the Commission to review those rules regularly to “determine whether any of such rules are necessary in the public interest.” The Third Circuit has ruled on previous reviews. Following a remand, the Commission failed to complete its 2010 review cycle before the start of the 2014 cycle. The Third Circuit found the FCC had unreasonably delayed action and remanded several issues concerning the broadcast ownership rules and diversity initiatives. The Commission then substantially changed its approach to regulation of broadcast media ownership, issuing an order that retained almost all of its existing rules, effectively abandoning its long-running efforts to change those rules since the first round of litigation. The Commission then changed course, granting petitions for rehearing and repealing or otherwise scaling back most of those same rules. It also created a new “incubator” program designed to help new entrants into the broadcast industry. The Third Circuit vacated and remanded most of the Commission’s actions. Although some of those actions, including the incubator program, were not unreasonable, the Commission did not adequately consider the effect its sweeping rule changes will have on ownership of broadcast media by women and racial minorities. View "Prometheus Radio Project v. Federal Communications Commission" on Justia Law

Bank of Hope sued Ryu for embezzling money from its customers. As the case went on, Ryu began sending letters to the Bank’s shareholders, alleging that the Bank’s claims were baseless and were ruining his reputation. He hoped that the letters would pressure the Bank to settle. The Bank asked the magistrate judge to ban Ryu from contacting its shareholders. The district court affirmed the magistrate’s order imposing that ban. The Third Circuit vacated. The district court marshaled no evidence that this restriction on speech was needed to protect this trial’s fairness and integrity and it considered no less-restrictive alternatives. Courts have inherent power to keep their proceedings fair and orderly. They can use that power to order the parties before them not to talk with each other, the press, and the public. The First Amendment, however, requires an explanation of why restricting speech advances a substantial government interest, consider less-restrictive alternatives, and requires that the court ensure that any restriction does not sweep too broadly. View "Bank of Hope v. Chon" on Justia Law

Tennessee’s Billboard Act, enacted to comply with the Federal Highway Beautification Act, 23 U.S.C. 131, provides that anyone intending to post a sign along a roadway must apply to the Tennessee Department of Transportation (TDOT) for a permit unless the sign falls within one of the Act’s exceptions. One exception applies to signage “advertising activities conducted on the property on which [the sign is] located.” Thomas owned a billboard on an otherwise vacant lot and posted a sign on it supporting the 2012 U.S. Summer Olympics Team. Tennessee ordered him to remove it because TDOT had denied him a permit and the sign did not qualify for the “on-premises” exception, given that there were no activities on the lot to which the sign could possibly refer. Thomas argued that the Act violated the First Amendment. The Sixth Circuit affirmed that the Act is unconstitutional. The on-premises exception was content-based and subject to strict scrutiny. Whether the Act limits on-premises signs to only certain messages or limits certain messages from on-premises locations, the limitation depends on the content of the message. It does not limit signs from or to locations regardless of the messages. The provision was not severable from the rest of the Act. View "Thomas v. Bright" on Justia Law

The Supreme Judicial Court denied the request sought by Boston Globe Media Partners, LLC (the Globe) for declaratory relief under Mass. Gen. Laws ch. 211, 3, holding that records of show cause hearings where a clerk-magistrate in the District Court or the Boston Municipal Court makes a finding of probable cause but declines to exercise his or her discretion to issue a criminal complaint are not presumptively public.The Globe claimed in this action that the public has a common-law and constitutional right to access the show cause hearing records. The Supreme Judicial Court denied the Globe's request for declaratory relief, holding (1) the records are not presumptively public under the common law, the First Amendment, or article 16 of the Massachusetts Declaration of Rights, as amended by article 77 of the Amendments to the Constitution; (2) any member of the public may request the records of a particular show cause hearing, and a clerk-magistrate or a judge shall grant the request where the interests of justice so require; and (3) this Court now exercises its superintendence authority to require that all show cause hearings be electronically recorded. View "Boston Globe Media Partners, LLC v. Chief Justice of the Trial Court" on Justia Law

Jason Blanks, Peggy Manley, Kimberly Lee, Nancy Watkins, Randall Smith, Trenton Norton, Earl Kelly, Jennifer Scott, and Alyshia Kilgore (referred to collectively as "the customers") appealed the denial of a motion to compel arbitration and a declaratory judgment entered in an action brought by TDS Telecommunications LLC, and its two affiliates, Peoples Telephone Company, Inc., and Butler Telephone Company, Inc. (referred to collectively as "the Internet providers"). The customers subscribed to Internet service furnished by the Internet providers; their relationship was governed by a written "Terms of Service." The customers alleged that the Internet service they have received was slower than the Internet providers promised them. At the time the customers learned that their Internet service was allegedly deficient, the Terms of Service contained an arbitration clause providing that "any controversy or claim arising out of or relating to [the Terms of Service] shall be resolved by binding arbitration at the request of either party." In the declaratory-judgment action, the trial court ruled that the Internet providers were not required to arbitrate disputes with the customers. The Alabama Supreme Court determined the arbitration clause in the applicable version of the Terms of Service included an agreement between the Internet providers and the customers that an arbitrator was to decide issues of arbitrability, which included the issue whether an updated Terms of Service effectively excluded the customers' disputes from arbitration. Accordingly, the Supreme Court reversed the trial court's denial of the customers' motion to compel arbitration and its judgment declaring the updated Terms of Service "valid and enforceable," and remanded the case for further proceedings. View "Blanks et al. v. TDS Telecommunications LLC" on Justia Law

Receiving a single unsolicited text message, sent in violation of a federal statute, is not a concrete injury in fact that establishes standing to sue in federal court. Plaintiff filed suit against defendant, alleging violations of the Telephone Consumer Protection Act of 1991 (TCPA) after he received unsolicited text messages from defendant's law firm. The court found that the history and the judgment of Congress did not support a finding of concrete injury in plaintiff's allegations. In this case, plaintiff's allegations of a brief, inconsequential annoyance were categorically distinct from those kinds of real but intangible harms. The court noted that its assessment was qualitative, not quantitative. Accordingly, the court reversed and remanded with instructions to dismiss without prejudice the amended complaint. View "Salcedo v. Hanna" on Justia Law

Sensabaugh, the former head football coach at David Crockett High School in Washington County, Tennessee, made two Facebook posts expressing his concerns about the conditions and practices of schools within the District. The posts included pictures of students. Sensabaugh refused to comply with requests to remove the posts and became aggressive with his supervisors who noted other alleged misconduct, including his use of profane language with students and his requiring a student to practice while injured. He was fired after a guidance meeting where his conduct caused his supervisor to report her concern “that Sensabaugh posed a threat to the safety of the students and staff.” He sued, raising First Amendment retaliation and municipal liability claims. The Sixth Circuit affirmed summary judgment in favor of the defendants, finding no causal connection between Sensabaugh’s Facebook posts and his termination. A thorough independent investigation preceded Sensabaugh’s termination; that investigation concluded that the misconduct allegations were substantiated in full or in part and that the misconduct supported termination. View "Sensabaugh v. Halliburton" on Justia Law