INDEX NEWSPAPERS v. UNITED STATES MARSHALS SERVICE

No. 20-35739.

977 F.3d 817 (2020)

INDEX NEWSPAPERS LLC, dba Portland Mercury; Doug Brown; Brian Conley; Sam Gehrke; Mathieu Lewis-Rolland; Kat Mahoney; Sergio Olmos; John Rudoff; Alex Milan Tracy; Tuck Woodstock; Justin Yau, and those similarly situated, Plaintiffs-Appellees, v. UNITED STATES MARSHALS SERVICE; U.S. Department of Homeland Security, Defendants-Appellants, and City of Portland, a municipal corporation; John Does, 1-60; individual and supervisory officers of Portland Police Bureau and other agencies working in concert, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed October 9, 2020.


Attorney(s) appearing for the Case

Ethan P. Davis , Acting Assistant Attorney General; Sopan Joshi , Senior Counsel to the Assistant Attorney General; Mark R. Freeman , Mark B. Stern , and Michael Shih , Appellate Staff; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants.

Matthew Borden , J. Noah Hagey , Athul K. Acharya , Gunnar K. Martz , and Ronald J. Fisher , Braunhagey & Borden LLP, San Francisco, California, for Plaintiffs-Appellees.

Katie Townsend , Bruce D. Brown , Gabe Rottman , Adam A. Marshall , and Ellen Osoinach , Reporters Committee for Freedom of the Press, Washington, D.C.; Duane A. Bosworth , Davis Wright Tremaine LLP, Portland, Oregon; for Amici Curiae Reporters Committee for Freedom of the Press and 14 News Media Organizations.

Christa M. Anderson , Jennifer A. Huber , and Elizabeth A. Egan , Keker Van Next & Peters LLP, San Francisco, California, for Amici Curiae Committee to Protect Journalists, Human Rights Watch, and Reporters Without Borders.

Order; Dissent by Judge O'Scannlain.


ORDER

On May 25, 2020, George Floyd was killed by a Minneapolis police officer while being arrested. Bystanders on the sidewalk recorded videos of a police officer kneeling on Floyd's neck for several minutes while Floyd begged for his life. A video showing the last minutes of Floyd's life was circulated nationwide, and it ignited protests across the country in support of the Black Lives Matter movement.

This case arises out of the protests in Portland,...

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