Ashley Amaris OVERBEY; Baltimore Brew, Plaintiffs-Appellants,
v.
The MAYOR and City Council OF BALTIMORE; Baltimore City Police Department, Defendants-Appellees.
American Society of News Editors; Associated Press Media Editors; Association of Alternative Newsmedia; BuzzFeed; Gannett Company, Incorporated; Howard University School of Law Civil Rights Clinic; International Documentary Association; Investigative Reporting Program at UC Berkeley; Investigative Reporting Workshop at American University; Tawanda Jones; MPA- The Association of Magazine Media; Maryland D.C. Delaware Broadcasters Association; Maryland-Delaware-District of Columbia Press Association; National Press Photographers Association; National Women's Law Center; Online News Association; Public Justice; Public Justice Center; Reporters Committee for Freedom of the Press; Society of Professional Journalists; The Baltimore Sun; The Center for Investigative Reporting; The E.W. Scripps Company; The Washington Post; Tully Center for Free Speech; Washington Lawyers' Committee for Civil Rights and Urban Affairs, Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: January 30, 2019.
Decided: July 11, 2019.
Attorney(s) appearing for the Case
ARGUED: Daniel William Wolff , CROWELL & MORING LLP, Washington, D.C., for Appellants. Andre M. Davis , BALTIMORE CITY LAW DEPARTMENT, Baltimore, Maryland, for Appellees. ON BRIEF: Deborah Jeon , Nicholas Steiner , AMERICAN CIVIL LIBERTIES UNION OF MARYLAND, Baltimore, Maryland; Charles D. Austin , Nkechi Kanu , Tyler O'Connor , CROWELL & MORING LLP, Washington, D.C., for Appellants. Suzanne Sangree , Senior Counsel, Lydie E. Glynn , Assistant Solicitor, Colin P. Glynn , Assistant Solicitor, Jason R. Foltin , Assistant Solicitor, Frederic Smalkin, Jr. , Assistant Solicitor, BALTIMORE CITY DEPARTMENT OF LAW, Baltimore, Maryland, for Appellees. Jennifer D. Bennett , PUBLIC JUSTICE, Oakland, California; Ajmel Quereshi , Civil Rights Clinic, HOWARD UNIVERSITY SCHOOL OF LAW, Washington, D.C., for Amici Howard University School of Law Civil Rights Clinic and Public Justice. K'Shaani Smith , PUBLIC JUSTICE CENTER, Baltimore, Maryland, for Amici Public Justice Center, Washington Lawyers' Committee for Civil Rights and Urban Affairs, National Women's Law Center, and Tawanda Jones. Bruce D. Brown , Katie Townsend , Caitlin Vogus , REPORTER COMMITTEE FOR FREEDOM OF THE PRESS, Washington, D.C.; Lisa B. Zycherman , DAVIS WRIGHT TREMAINE LLP, Washington, D.C., for Amici Reporters Committee for Freedom of the Press and 19 Media Organizations.
Reversed and remanded by published opinion. Judge Floyd wrote the opinion, in which Judge Thacker joined. Judge Quattlebaum wrote a dissenting opinion.
FLOYD, Circuit Judge:
When the city of Baltimore has settled civil-rights lawsuits alleging police misconduct, it has typically required settling claimants to agree to a "non-disparagement clause," under which they promise not to speak to the media about either their underlying allegations or the settlement process itself. Claimants who breach the...
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