Amicus Briefs, Letters and Statements

NEFAC files and joins amicus briefs, letters and statements addressing important First Amendment issues. This is a listing of those documents, as well as others that may be of interest to you. While our main focus is on freedom of information concerns, we will consider supporting any amicus brief that addresses the First Amendment. If you would like to have NEFAC sign onto your brief, or to have us file one on behalf of your cause, please email our executive director for more information. Briefs, letters and statements from previous years can be viewed here:

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Project Veritas v. New York Times Co. (N.Y. App. 2022)

For two months the New York Times (“the Times”) has been restrained by court order—under threat of contempt — from disseminating or reporting on newsworthy material that is unrelated to the underlying defamation case in which the restraint was imposed, will play no role in that case, and was obtained through everyday newsgathering entirely outside of the discovery process. In its Decision below, the lower court further ordered the Times to relinquish possession of this material, destroy any electronic copies, and refrain from disseminating the material to any person. As such, the Decision is not just an unconstitutional prior restraint on speech, it also threatens to convert the judiciary’s authority to manage discovery into a potent means to suppress public interest newsgathering and reporting.