SODERBERG v. CARRION

No. 20-1094.

999 F.3d 962 (2021)

Brandon SODERBERG; Baynard Woods; Open Justice Baltimore; Baltimore Action Legal Team; Qiana Johnson; Life After Release, Plaintiffs-Appellants, v. Hon. Audrey J. S. CARRION, Administrative Judge for Maryland's Eighth Judicial Circuit; Hon. Sheila R. Tillerson Adams, as Administrative Judge for Maryland's Seventh Judicial Circuit, Defendants-Appellees, and Patricia Trikeriotis, as Court Reporter for Baltimore City; Robin Watson, as Court Reporter for Prince George's County, Defendants. Cato Institute; Floyd Abrams Institute for Freedom of Expression; The Reporters Committee for Freedom of the Press and 23 Media Organizations, Amici Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: June 15, 2021.


Attorney(s) appearing for the Case

ARGUED: Nicolas Y. Riley , GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellants. Steven Marshall Sullivan , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Eugene Volokh , UCLA SCHOOL OF LAW, Los Angeles, California, for Amicus Cato Institute. ON BRIEF: Adam Holofcener , MARYLAND VOLUNTEER LAWYERS FOR THE ARTS, Baltimore, Maryland; Daniel B. Rice , Institute for Constitutional Advocacy & Protection, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellants. Brian E. Frosh , Attorney General, Michele J. McDonald , Assistant Attorney General, Joseph Dudek , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Clark Neily , CATO INSTITUTE, Washington, D.C.; Robert Bowen , Megan McDowell , Emily Rehm , UCLA SCHOOL OF LAW, Los Angeles, California, for Amicus Cato Institute. David A. Schulz , Alexandra Dudding , Julu Katticaran , Zoe Rubin , Media Freedom and Information Access Clinic, YALE LAW SCHOOL, New Haven, Connecticut, for Amicus Floyd Abrams Institute for Freedom of Expression. Jennifer A. Nelson , Gabriel Rottman , First Amendment Clinic, UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for Amici The Reporters Committee for Freedom of the Press and 23 Media Organizations.

Vacated and remanded by published opinion. Judge King wrote the opinion, in which Judge Harris and Judge Rushing joined.


Relevant to their appeal, the plaintiffs in this District of Maryland civil action have lodged a First Amendment challenge to section 1-201 of the Criminal Procedure Article of the Maryland Code, insofar as that statute prohibits and punishes the broadcasting of the official court recordings...

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