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The FOI Advocate is a compendium of ideas, edited story excerpts and other materials from a variety of Web sites, as well as original concepts and analysis. When the information comes directly from another source, it will be attributed and a link will be provided whenever possible. The blog relies on the accuracy and integrity of the original sources cited. We will correct errors and inaccuracies when we become aware of them.

Thursday, May 28, 2009

Dissecting Sotomayor's media law record

The Reporters Committee for Freedom of the Press posted an analysis of how Judge Sonia Sotomayor, President Obama's Supreme Court nominee, handled three cases related to media law. In U.S. v. Quattrone, she wrote the majority opinion that struck down a gag order on the press related to the retrial of a former Credit Suisse First Boston executive. In Aequitron Medical Inc. v. CBS, she wrote the opinion that allowed the infant monitor manufacturer to sue CBS News for various business claims but dismissed the defamation and trade libel claims based on procedural grounds. Although Sotomayor has favored withholding records rather than releasing them under federal FOIA, she ordered the release of the suicide note of former deputy White House counsel Vince Foster.
We're compiling a full report on the record of Judge Sonia Sotomayor, President Obama's Supreme Court nominee, in the areas of First Amendment and media law, and expect to post our findings here tomorrow. In the meantime, though, Sotomayor's input on three cases seemed particularly noteworthy:

In high-stakes prosecution, Sotomayor rejected prior restraints on the press.

A 2005 opinion regarding the high-profile prosecution of a bank executive suggests that Sotomayor, in her time as a judge on the U.S. Court of Appeals in Manhattan (2nd. Cir), understood well the value of a transparent judiciary and a free press.

More here.

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