Justia Communications Law Opinion Summaries

A group of media organizations and reporters sought copies of law enforcement recordings of a march in Graham, North Carolina. The Superior Court granted their petition, but the Court of Appeals vacated the order, arguing that the trial court failed to determine the petitioners' eligibility to request copies of the recordings under the statute. The Court of Appeals also held that the trial court did not understand that it could place conditions or restrictions on the release of the recordings.The Supreme Court of North Carolina disagreed with the Court of Appeals' interpretation of the statute, stating that anyone may seek copies of law enforcement recordings under the provision invoked by the petitioners, so the trial court had no reason to question their eligibility. However, the Supreme Court agreed with the Court of Appeals that the trial court erroneously believed that it could not condition or restrict the release of the recordings.The Supreme Court affirmed in part and reversed in part the decision of the Court of Appeals and remanded the case for further proceedings. The Supreme Court concluded that the trial court did not need to determine the petitioners' eligibility to request the recordings, but it did err in believing it could not place conditions or restrictions on the release of the recordings. View "In re The McClatchy Company, LLC" on Justia Law

The Supreme Court vacated the decision of the court of appeals affirming the order of the trial court summarily denying the City of Greensboro's request that the trial court modify restrictions it imposed upon the possible use and discussion of certain police video records by the Greensboro City Council, holding that the trial court abused its discretion.The order at issue was entered pursuant to N.C. Gen. Stat. 132-1.4A(g) to release recordings of an incident that occurred in Greensboro on September 10, 2016. The City of Greensboro interpreted the conditions in the order as a "gag order" and requested that the trial court modify the restrictions. The trial court summarily denied the request, and the court of appeals affirmed. The Supreme Court vacated the court of appeals and remanded the case for a new hearing, holding that the trial court abused its discretion by denying, without explanation, the City's motion to modify the restrictions. View "In re Custodial Law Enforcement Recording" on Justia Law

The Supreme Court affirmed the order of the superior court court granting summary judgment in favor of Defendants and concluding that North Carolina Railroad Company was not an agency or subdivision of the North Carolina government for purposes of the Public Records Act (the Act), N.C. Gen. Stat. 132-1, holding that there was no error.Plaintiff Southern Environmental Law Center, acting in reliance upon the Act, submitted a request to the president of the Railroad seeking to inspect certain records. The Railroad declined to provide the requested records, asserting that it was not subject to the Act. Plaintiff then brought this action requesting that the court enter an order declaring that the Railroad was an agency of the state for purposes of the Act. The trial court granted summary judgment in favor of Defendants. The Supreme Court affirmed, holding that the trial court did not err in granting summary judgment in favor of Defendants. View "Southern Environmental Law Center v. N.C. Railroad Co." on Justia Law