“People in an open society do not demand infallibility from their institutions, but it is difficult for them to accept what they are prohibited from observing.” —Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 572 (1980)
In 1980 the U.S. Supreme Court held that the First Amendment implicitly conveys an affirmative, enforceable right of public access to certain government proceedings and information. MFIA regularly litigates for clients seeking to enforce their First Amendment access rights and pursues impact litigation to establish the full scope of this right beyond access to judicial proceedings and records. Our current cases include:
FISC Access Motion for Bulk Collection of Data, Misc. 13-08 MFIA and the ACLU are pursuing a motion seeking access to any FISC opinions addressing the legal authority for the bulk collection of data. We are also pursuing two FOIA requests seeking information about the procedures being used to declassify substantive FISC opinions as required by the USA Freedom Act of 2015.
Muhammad Husain v. Gates, 08-cv-01360 (D.D.C.) MFIA represents ProPublica journalist Raymond Bonner in his efforts to assert a constitutional right of access to sealed records in the habeas proceeding brought by the Guantanamo detainee known as Abu Zubaydah.
Victor v. New York City Office of Trials and Hearings, et al. (N.Y. Sup.) MFIA is working with the New York Times in an ongoing action seeking to enforce the constitutional right of access to New York state administrative proceedings involving disciplinary hearings of a corrections officer, and to defeat a calim that state law otherwise requires the proceedings to be closed.