CWRU First Amendment ClinicDec 31, 2022

🎉🎉🧵@CWRU_Law
FIRST AMENDMENT CLINIC 2022 YEAR-IN-REVIEW THREAD 🧵🎉🎉

We had another great year in the Clinic, where we continued to litigate for speech and newsgathering rights.

Our students interviewed clients and witnesses, wrote dispositive motions, issued discovery, conducted depositions, and otherwise prepared civil cases for trial. We weren't 100% successful, but we also notched several notable (and precedential) wins for our clients.

Show threadCWRU First Amendment ClinicDec 31, 2022
In February 2022, Clinical Fellow @SaraECoulter
prevailed in her first appellate argument, in Wood v. Eubanks, 25 F.4th 414 (6th Cir. 2022), overturning a grant of qualified immunity and reinstating our client's First Amendment claims—https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0025p-06.pdf
Show threadCWRU First Amendment ClinicDec 31, 2022
In March 2022, we filed a motion to dismiss a tortious interference claim filed against a student newspaper for its reporting on dining options near campus—https://www.documentcloud.org/documents/21450883-burgers-2-beers-v-the-cauldron-motion-to-dismiss
DocumentCloud

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In April–May 2022, we conducted depositions in a defamation lawsuit out of Athens County, Ohio. We were able to give students their first experiences with first- and second-chairing document-intensive depositions.

In Summer 2022, we filed our Motion for Summary Judgment (and associated briefing) in the Athens County defamation lawsuit, arguing that the Plaintiff is a public figure and our client's statements were protected speech—
https://www.documentcloud.org/documents/22060455-thompson-hashman-v-whitmore-whitmore-msj-220614

DocumentCloud

Show threadCWRU First Amendment ClinicDec 31, 2022
In late September 2022, the Athens County Court of Common Pleas agreed that the former Clerk of Nelsonville City Council was a limited purpose public figure for purposes of the "significant local controversy" for being hired as the child of a Councilman—https://www.documentcloud.org/documents/23129584-thompson-hashman-v-whitmore-decision-on-actual-malice
DocumentCloud

Show threadCWRU First Amendment ClinicDec 31, 2022
In early October 2022, we were back down in Athens County where our student questioned a witness in open court about his compliance with our subpoena—and in October 2022, but the Court granted our summary judgment motion on Plaintiff's defamation claims, leaving only her accessory claims and our client's counterclaim for abuse of legal process: https://www.documentcloud.org/documents/23129585-thompson-hashman-v-whitmore-decision-of-defamation-claims
DocumentCloud

Show threadCWRU First Amendment ClinicDec 31, 2022
In October 2022, we learned that the Ohio Supreme Court ruled for our clients Cid Standifer and Cleveland Scene in their public records lawsuit seeking the Cleveland Division of Police's use-of-force reports—
https://supremecourt.ohio.gov/rod/docs/pdf/0
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In November 2022, the restaurant that sued the Cleveland State University student newspaper The Cauldron voluntarily dismissed its claims against the paper—https://case.edu/law/our-school/news/first-amendment-clinic-obtains-dismissal-tort-claims-against-student-newspaper-cauldron
First Amendment Clinic Obtains Dismissal of Tort Claims Against Student Newspaper The Cauldron | School of Law | Case Western Reserve University

The First Amendment Clinic is pleased to report that its client, Cleveland State University’s student newspaper The Cauldron, has been dismissed fro...

School of Law | Case Western Reserve University
Dec 31, 2022 at 6:01pmWeb
Show threadCWRU First Amendment ClinicDec 31, 2022

This is only a selection of our work that is public; so much of our work with students, clients, and potential clients is behind the scenes and although equally important may never be public.

We weren't able to represent everyone who contacted us this year, but we remain committed to defending free speech in Ohio while giving enriching litigation experiences and free-speech training to our student interns.

Show threadCWRU First Amendment ClinicDec 31, 2022
Here's to more fantastic student experiences (and fewer SLAPP suits) in 2023. Happy New Year!!! 🎉⚖️🗣️💬📢🎉