4th Circ. Revives Free Speech Claim In Court Recordings Suit

Law360 (June 15, 2021, 8:03 PM EDT) -- The Fourth Circuit on Tuesday revived journalists' First Amendment challenge to a Maryland law that prohibits the broadcast of official court recordings of criminal trial hearings, ruling that the lower court was wrong not to hold the law up to strict scrutiny before dismissing the claim.

In a unanimous published decision penned by U.S. Circuit Judge Robert Bruce King, the panel found that because Maryland's broadcast ban constitutes a penal sanction for the publication of information released to the public via the court, it should be held to the strict scrutiny standard envisioned by the U.S. Supreme Court.

U.S. District Judge...

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