We Ask The Supreme Court To Clarify If It's Legal For Virginia To Bar Techdirt From Filing Freedom Of Information Requests
from the restrictions-on-the-press dept
Like many media properties, we’ve filed Freedom of Information Act requests to seek out information at both the federal and state levels. The various federal and state freedom of information regulations are important tools for the public, and also for those doing journalism to seek out and report on important information that should be public. Unfortunately, some states like to limit these laws, and Virginia in particular has made its law such that it limits filings to only Virginia residents… or to a very small number of media companies that meet its “exemption” rules. Basically, it will allow freedom of information requests from “traditional newspapers, print magazines or FCC-licensed broadcast media.” So if you’re an online-only media property and not a Virginia resident, you’re out of luck.
A small number of other states also have “citizens only” clauses in their FOI laws, though Delaware’s was recently struck down as unconstitutional. However, Virginia is the only state that allows a partial exemption for some media players, but not for others. Even so, a court recently upheld Virginia’s law as constitutional. This has created both a circuit split (with different courts in different circuits finding very differently on the general issue of “citizens only” clauses), and an unfair burden on anyone doing online-only reporting and thus not qualifying for the specific exemption in Virginia’s law.
As the Supreme Court has been asked to hear an appeal of that case, we’ve signed onto an amicus brief along with the American Society of News Editors, the Center for Investigative Reporting, Ars Technica, Daily Kos, Grist, Matthew Lee, Muckrock, Automattic and Tumblr, arguing that this is an issue where existing rulings and the arbitrariness of the exemptions in the law have created massive uncertainty for anyone doing investigative reporting. So our filing is asking the Supreme Court to take the case and clarify whether or not Virginia’s restrictive law is constitutional. Hopefully, the Court recognizes the problems of the law and makes clear that, in this age when anyone can do reporting, limiting such rules to only citizens or an arbitrary definition of professional media is too restrictive.
Filed Under: citizens, freedom of information, journalism, virginia
Comments on “We Ask The Supreme Court To Clarify If It's Legal For Virginia To Bar Techdirt From Filing Freedom Of Information Requests”
Mike Mansick, with all due respect, I think at this point it would not be wise to bash the US Supreme court for a while until this is cleared…not that you have or would when it isn’t called for, but TechDirt has signed a document heading to it. 🙂 No worries I’m still on your side 🙂
Re: Re:
Yes. Because the current set of Supreme Court Justices are notoriously thin-skinned and prickly?and quite likely to decide a case based on spite, pettiness and personal pique.
… Or not.
?
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i can’t tell if this is sarcasm or not.
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It is and it isn’t. I sometimes over-worry about things I care about.
Filing a FOI request for a journalist “on the internet”? You sir, have violated my patent… I’ll see you in court! =P
Funny how state governments want to limit exposure to possible wrong doings isn’t it? Makes you wonder what their hiding.
Seems like you could...
simply ask for any Techdirt readers from Virginia to help you. I’ve seen other blogs/media websites do this with success.
Re: Seems like you could...
when the system won’t work,
work the system…
that is one way, but the better way would be to fix the broken system…
art guerrilla
aka ann archy
eof
Online only and not a resident.
Sounds like passive-aggressive “get off my lawn” to me.
Exempt
However, Virginia’s is the only state that allows a partial exemption for some media players, but not for others.
The exemption is for media players who do NOT file Freedom of Information Act requests.
Re: Exempt
Media players? So does the mean the IPOD is OK and the Zune not?
Or is it more of WinAmp is ok but Windows Media Player is not?
Re: Re: Exempt
Windows media player is never OK.
VLC might be allowed….
Re: Exempt
I always let my friends know that I’m willing to offer my assistance as long as they never accept it.
Hope it all works out for you !
We Ask The Supreme Court To Clarify If It’s Legal For Virginia To Bar Techdirt From Filing Freedom Of Information Requests
What’s this we shit? What did you contribute, other than a signature?
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You don’t honestly think someone called him up and said ‘hey, sign this’ and he said ‘yeah sure’ and that’s all that happened do you?
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Obvious troll is obvious… and underwhelming… let’s try harder…
What’s this we shit, Pirate Mike! What did your chubby fingers contribute, other than a signature. By “we” you must be referring to your army of hitlers and their rabid piracy apologist dogs. Perhaps your request would get more attention if you could have convinced your Google paymasters to sign on as well, but I guess all of the slam pieces you’ve been writing on them lately have made them reevaluate their relationship with their once favorite shill. Could your weasel words be any more… um… weasely?
P.S. broadbrush, sycophant, disingenuous, think of the children, Masnic!!!1!
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Dude
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11/10, since you spelled his last name wrong. If you would have called out Tim as the author of the article, I’d give you a 12.
Re: Re: Re:
That needs more than just a funny button
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wow! That has a 10/10 with an added bonus for the misspelling!
Bravo!
Now, TD trolls have seen better days, when our regular commenters start trolling better than the trolls it seems to me that it’s time for the trolls to re-evaluate their strategies =/
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Very insightful my friend.
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The Mike Mansick’s “fan” drinking game:
1. Mike’s “fan” first shows up within the top 10 flattened spaces; 1 shot of bourbon.
2. Mike’s “fan” first shows up beyond 10 but before 20 flattened spaces:
1 shot of bourbon and 1 shot of whiskey.
3. Mike’s “fan” first shows up beyond 20 posts in flattened; combine drinks 1 and 2 and mix it with three shots of tequila.
4. Take one shot of Bloody Marry per every time Mike’s name is used in a comment.
5. Take two shots spiced rum if the term “Pirate Mike” is used in a comment.
6. Chug a pint (half liter) beer for every time Mike is called a shill in a comment.
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So, is the point of this ‘game’ to get people so smashed that the stalkers/trolls start to actually make sense?
Re: Re: Re: Re:
“So, is the point of this ‘game’ to get people so smashed that the stalkers/trolls start to actually make sense?”
That’s when you loose the game 🙂
Re: Re: Re:2 Re:
I only loose THE KRAKEN!
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Okay, here goes: “Hi, Mike, how does it feel to be a shill of the Open Source Community? No wonder people call you ‘Pirate Mike’.” x 10.
Oh, that spiced rum is nice! *Collapses from alcohol poisoning.*
It’s like when local legislative bodies go into executive session to get around sunshine laws.
king of all trolls
BITCH I DONT GIVE A SHIT YOU CANT STOP ME I AM KING OF ALL TROLLS-KING OF ALL TROLLS
Re: king of all trolls
Are these lyrics to a rap song? Kinda sounds like it.
Umm, Mike, haven’t you claimed over and over again on this blog that you are NOT a journalist? Why the sudden change?
Re: Re:
Umm, Mike, haven’t you claimed over and over again on this blog that you are NOT a journalist? Why the sudden change?
As I’ve said, I’m not a journalist, but sometimes I *do* journalism. And I think that’s true of lots of people.
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“As I’ve said, I’m not a journalist, but sometimes I *do* journalism. And I think that’s true of lots of people.”
Sounds more like a dodge to escape when trapped, saying “I’m not a journalist, just a blogger” when you get caught telling less than all the truth or not bothering to check any sources.
Classic!
So how about a new t-shirt with your face on it, with the message under:
“Only a Journalist When Convenient”.
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Ironic considering “Anonymous Coward” = “escape when trapped”
So do you literally do nothing expect what’s explicitly covered by your job title? What is your job title?
Re: Re: Re:2 Re:
My Job title? It has nothing to do with Techdirt in the least (or the RIAA, or the MPAA, or any of the European, Asian, African, Australian, or ‘Stans based movie or music industry people)
However, if it helps you out any, call it “small business owner” or “president of the company”. Perhaps that might let you dial in.
I am assuming your job title is “student”, right?
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Sounds more like a dodge to escape when trapped,
Don’t get weird. It’s just the sound of you jackass trying (and failing) to turn his words on the head.
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You seem to have the biggest dodge to reason and logic on a continual basis…
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Can I please get a T-Shirt that says:
I’m not a journalist, I just play one on the interwebs
PLEASE?!?
I hate sites like docstoc
<rant>
Mike, why can’t you publish PDF files like this directly on the TD website? By all means use other services as well so people can view such files directly in their browsers if that’s what they want to do, but my laptop has a much nicer PDF file viewer than any of the browser-based services, and I refuse to give out my email address just to read a document (they almost all require a sign-up nowadays before they’ll let you download the original file).
</rant>
Let's all sign up to be 'reporters'
I volunteer to be your Oregon reporter should this state implement such a law.
Constitutionality
Nobody’s even commented on whether they actually think it’s constitutional or not? (That’s not the same as whether the law is a good idea.)
The argument that the residents-only law is unconstitutional is based on the Privledges and Immunities clause, which reads:
“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”
I’m not sure that this clause can be used to declare a FOIA law unconstitutional. If you live in one state and want to apply for a fishing license in another state, it costs more. Same with college tuition. As the Supreme Court has said:
“Only with respect to those ‘privileges’ and ‘immunities’ bearing upon the vitality of the Nation as a single entity must the State treat all citizens, resident and nonresident, equally.”
Does this fall into that category? Maybe, and maybe not. The Supreme Court at one point explicitly avoided deciding what is covered: “We do not decide the full range of activities that are sufficiently basic to the livelihood of the Nation that the States may not interfere with a nonresident’s participation therein without similarly interfering with a resident’s participation.” http://supreme.justia.com/cases/federal/us/436/371/case.html
And from a really old case, we have this:
“The inquiry is what are the privileges and immunities of citizens in the several states? We feel no hesitation in confining these expressions to those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this Union, from the time of their becoming free, independent, and sovereign. What these fundamental principles are it would perhaps be more tedious than difficult to enumerate. They may, however, be all comprehended under the following general heads: protection by the government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole.”
Stupid laws in Virginia…..
“There is a state law prohibiting corrupt practices of bribery by any person other than candidates”
That is pretty scarry…good luck 🙂
http://www.dumblaws.com/laws/united-states/virginia
"...allows a partial exemption for some media players..."
And so, in an unusual stroke of political genius, Virginia legislatives managed to solve the “unconstitutional” problem once and for all – by removing ANY type of exceptions for non-residents!
😉
(Just a guess on some future headlines…)
hay stupid wally fuck you
I AM KING OF ALL TROLLS YOU CANT STOP ME
I AM KING OF ALL TROLLS YOU CANT BAN ME HAHA I AM SO EVIL
Re: Re:
Ummmm wow…..ok how to respond to this….yeah…I don’t think you understand that nobody gets banned here…..they just get marked as inappropriate.
Re:
Two shots of spiced rum please 🙂
Re:
“”So, is the point of this ‘game’ to get people so smashed that the stalkers/trolls start to actually make sense?”
That’s when you loose the game :-)”
**”So, is the point of this ‘game’ to get people so smashed that the stalkers/trolls start to actually make sense?”
That’s when you lose the game 🙂
Thanks 🙂
hay i dont give a shit
YOU CANT STOP ME I AM UNSTOPABLE AND AS FOR YOU WALLY YOU ARE A STUPID ASS FUCKING ASSHOLE
Re:
The only winning move is not to play.