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Home > O'Malley v. Liner

O'Malley v. Liner [1]

Submitted by DMLP Staff on Wed, 03/10/2010 - 13:39

Summary

Threat Type: 

Denial of Access

Date: 

02/22/2010

Status: 

Pending

Location: 

Maryland

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Access: Government Meetings
Blogger Jay Liner of the Baltimore Organ sought a press pass to cover the Maryland state legislature, but was denied. He then filed a lawsuit, claiming that the denial violated his First Amendment rights. Liner, a former Baltimore County Attorney who... read full description
Parties

Party Receiving Legal Threat: 

Jay Liner

Type of Party: 

Government

Type of Party: 

Organization

Location of Party: 

  • Maryland

Location of Party: 

  • Maryland

Legal Counsel: 

Douglas F. Gansler, Attorney General; Elizabeth Harris

Legal Counsel: 

Howard E. Goldman, Rochlin & Goldman, P.A.; Eric B. Easton, University of Baltimore School of Law
Description

Blogger Jay Liner of the Baltimore Organ [2] sought a press pass to cover the Maryland state legislature, but was denied. He then filed a lawsuit, claiming that the denial violated his First Amendment rights.

Liner, a former Baltimore County Attorney who writes on various topics including politics, sought a press pass from Maryland Governor Martin O'Malley's press office so that he could interview legislators throughout the 2010 legislative session.  The press credentials allow their holder to bypass security and to enter the floors of both legislative houses.

According to an aide to State Senator James Brochin, who assisted Liner in applying for credentials via the state's interim process currently in effect, the Governor's press office denied the application on several grounds, including that the Baltimore Organ has "no original content regarding state government."

Liner then filed a lawsuit [3] against Governor O'Malley on February 22, 2010, arguing that the press office's denial of his credentials, along with the state's failure establish an orderly and public procedure for obtaining credentials, violate the First and Fourteenth Amendments of the U.S. Constitution. The lawsuit seeks a writ of mandamus requiring the Governor's office to issue the press pass.

Related Links: 

  • Daily Record: Pushing for press access for bloggers [4]
  • Daily Record (via Dolan Media Newswire): Press credentials that would be approved by the state government in Md.: Who gets to be the gatekeeper? [5]

 

Details

Web Site(s) Involved: 

Baltimore Organ [2]

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Citizen Journalism
  • Credentials
Court Information & Documents

Jurisdiction: 

  • Maryland

Source of Law: 

  • United States
  • Maryland

Court Name: 

Maryland Circuit Court for Anne Arundel County

Court Type: 

State

Case Number: 

02C10149414

Relevant Documents: 

Microsoft Office document icon LinervO’MalleyComplaint.doc [6]
Microsoft Office document icon LinervO’MalleyMemorandum.doc [7]
CMLP Information (Private)

Threat Source: 

MLRC

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Source URL (modified on 08/20/2014 - 11:11pm): https://www.dmlp.org/threats/omalley-v-liner

Links
[1] https://www.dmlp.org/threats/omalley-v-liner
[2] http://www.baltimoreorgan.com
[3] https://www.dmlp.org/sites/citmedialaw.org/files/LinervO’MalleyComplaint.doc
[4] http://mddailyrecord.com/2010/03/07/pushing-for-press-access-for-bloggers/
[5] http://www.dolanmedia.com/view.cfm?recID=573544
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/LinervO%E2%80%99MalleyComplaint.doc
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/LinervO%E2%80%99MalleyMemorandum.doc