CWRU First Amendment Clinic

@FirstAmendmentClinic
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First Amendment Clinic at Case Western Reserve University School of Law. Maintained by @andy_geronimo, Clinic Director.
Websitehttps://case.edu/law/practical-training/law-clinic/first-amendment-clinic
Twitterhttps://twitter.com/CWRU1stAmClinic
State ex rel. Standifer v. Cleveland (Ohio Public Records)https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2022/2022-Ohio-3711.pdf
Wood v. Eubanks (First Amendment Retaliation)https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0025p-06.pdf
CWRU First Amendment ClinicDec 5, 2023
Andy GeronimoDec 5, 2023

Today we filed a First Amendment lawsuit against Cleveland City Council and Council President Blaine Griffin for using its unconstitutional public comment policies to censor our client at the 9/25 City Council meeting.

The filing is here—https://www.documentcloud.org/documents/24182390-chris-martin-v-cleveland-city-council-dec-4-2023-filed-version-w-exhibits

DocumentCloud

CWRU First Amendment ClinicApr 25, 2023

From last week (now on Mastodon!): The Cuyahoga County Common Pleas Court has denied the Beachwood Police Chief's motion in her defamation case seeking discovery into the identities of psuedonymous commentators, finding that they (including our client) engaged in protected speech.

In an apparent case of first impression in Ohio, the Court applied a modified Dendrite test, and denied the discovery motion because there was no actionable defamation claim.

Order here: https://www.documentcloud.org/documents/23785096-mclaughlin-pdf-order-on-motion-for-discovery

DocumentCloud

CWRU First Amendment ClinicApr 25, 2023

From last week (now on Mastodon!): Our client has agreed to settle his counterclaim against the former Clerk of Nelsonville City Council after prevailing on the defamation claim (and other claims) she brought against him. News coverage here:

https://www.athensmessenger.com/news/lawsuit-against-nelsonville-crackheads-facebook-page-administrator-settled/article_d8bfe5e6-decc-11ed-8722-0380ef59fb4c.html

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