Civil Procedure and Constitutional Law – Leigh v. Salazar

In a suit by a photojournalist contending that viewing restrictions at a Bureau of Land Management (BLM) horse roundup violated her First Amendment right to observe government activities, the district court’s denial of a preliminary injunction to require the BLM to provide the photojournalist with unrestricted access to horse roundups is reversed, where: 1) the case was not moot because the preliminary injunction motion sought unrestricted access to future horse roundups, and not just the most recent one; 2) the district court erred by failing to apply the qualified right of access balancing test set forth in Press-Enterprise Co. v. Superior Court, 478 U.S. 1 (1986), when ruling on whether the plaintiff was likely to succeed on the merits of her First Amendment claim.

Continue reading at Leigh v. Salazar, No. 11-16088


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