You may have already seen the story and/or press release from the City of Fullerton articulating their lawsuit against myself, Friends for Fullerton’s Future and others.
You can read the Voice of OC’s write up on this lawsuit from the city [HERE]:
“Fullerton city attorneys are heading into Orange County Superior Court Friday to ask a judge for a temporary restraining order against resident Joshua Ferguson and a local blog to keep them from deleting city records they obtained and also asking a judge to appoint someone to comb through electronic devices for the records.”
That lawsuit from the city is retaliation for a Public Records Lawsuit I filed against the city last week which was written up by the Voice of OC [HERE]:
“Fullerton residents may soon find out exactly how former City Manager Joe Felz was given a ride home by Fullerton police officers after hitting a tree and trying to flee the scene following drinking on election night in 2016, after resident Joshua Ferguson filed a lawsuit against the city to produce police body camera footage from that night.”
I will have more details in the near future but our current response is HERE]:
“The basic purpose of the First Amendment is to prevent the government from imposing prior restraints against the press. “Regardless of how beneficent-sounding the purposes of controlling the press might be,” the Court has “remain[ed] intensely skeptical about those measures that would allow government to insinuate itself into the editorial rooms of this Nation’s press.” (Nebraska Press, 427 U.S. at 560-561.)
“Consistent with that principle, over the last 75 years, the United States Supreme Court repeatedly has struck down prior restraints that limited the press’ right to report about court proceedings. The Court has made clear that a prior restraint may be contemplated only in the rarest circumstances, such as where necessary to prevent the dissemination of information about troop movements during wartime, Near, 283 U.S. at 716, or to “suppress information that would set in motion a nuclear
holocaust.” (New York Times, 403 U.S. at 726 (Brennan, J., concurring).)
“This case does not come close to presenting such extraordinary circumstances. Thus, the City cannot prevail as a matter of law, regardless of how the records were originally obtained. The City’s requests are flatly unconstitutional in and Defendants, therefore, respectfully request this Court denying the City’s request in its entirely.”
More to come as these two cases play out in court.