You're correct that these kinds of letters are counterproductive, and indeed, I've had to deal with claims where one of my reporters asking questions (mostly investigating securities fraud) were accused of libel or interference claims. But that said, it's worth noting the concept of the First Amendment offering blanket protection for what you call "reporting" is a bit overboard. The Supreme Court has held that "generally applicable laws do not offend the First Amendment simply because their enforcement against the press has incidental effects on its ability to gather and report the news." If the ACU has transcripts of statements by reporters (rather than genuine questions) that do not conform to standards of journalism, they can most likely maintain their theoretical case and at the very least proceed to discovery. Not that I'm cheering for them to do so...
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Yes but no
You're correct that these kinds of letters are counterproductive, and indeed, I've had to deal with claims where one of my reporters asking questions (mostly investigating securities fraud) were accused of libel or interference claims. But that said, it's worth noting the concept of the First Amendment offering blanket protection for what you call "reporting" is a bit overboard. The Supreme Court has held that "generally applicable laws do not offend the First Amendment simply because their enforcement against the press has incidental effects on its ability to gather and report the news." If the ACU has transcripts of statements by reporters (rather than genuine questions) that do not conform to standards of journalism, they can most likely maintain their theoretical case and at the very least proceed to discovery. Not that I'm cheering for them to do so...
Techdirt has not posted any stories submitted by CharlesGlasserEsq.
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