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Jonathan Peters @jonathanwpeters
, 6 tweets, 1 min read Read on Twitter
Adding to this: It's RARE for news orgs & journos to sue White House officials over access. CNN did in 81. Sherrill case in 77. Otherwise, at fed'l level, closest analogues involving access come from other exec-branch depts, often DOD. See examples below.
Flynt v Rumsfeld (DC Cir 2004): Larry Flynt and Hustler sued DOD seeking relief against interference w/ the mag's exercise of a claimed First Amend right of access to US troops in combat operations, and claiming that DOD delay in granting such access infringed that right.
Getty Images News Servs v DOD (DDC 2002): Getty sued the DOD after it was denied access to Guantánamo Bay.
Trulock v Freeh (4th Cir 2001): The author of a magazine story critical of the White House and FBI made a First Amendment retaliation claim against the FBI for conducting a warrantless search of his home after the story was published.
JB Pictures v DOD (DC Cir 1996): Media orgs & journos challenged a Dover access policy on 1st Amend grounds, arguing that precluding access to the war dead at Dover while permitting access elsewhere, in places putting Desert Storm in more positive light, was viewpoint discrim.
Nation Magazine v. DOD (SDNY 1991): Various members of press challenged DOD regulations of coverage of military activities of US armed forces overseas during periods of open hostilities.
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