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MPA Hotline Attorney's column

MPA, Missouri Broadcasters file lawsuit against Patrol

Other appeals court case updates include several that could affect the press.

Posted

This last month I was able to attend the meetings of the Northwest Press Association and the Ozark Press Association. It was good to meet many of you there. And I’m pleased to report that I can finally answer the question I get most often lately: Our lawsuit challenging the redaction policy of the Missouri State Highway Patrol has been filed.

Named as plaintiffs in the lawsuit are Roxie Murphy, Warden Publishing Company, Incorporated, and the Missouri Press Association. Also named as plaintiffs are the Missouri Broadcasters Association and Gray Local Media, Inc. Each of these parties requested reports and received redactions. You can follow the progress of the lawsuit through Case.net.

In a nutshell, the case asserts the patrol is violating the Missouri Sunshine law when it fails to provide names in its crash reports. Filing the lawsuit is simply the first step. We will see this through to the end.

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This fall, several court appeals worth following had oral arguments. These are cases that I am following, and you might find them newsworthy once the decisions come down.

In the Eighth Circuit Court of Appeals, oral argument was held regarding an invasion of privacy lawsuit filed in the wake of the 2024 Chiefs Super Bowl parade, where a terrible shooting killed a person and injured many more. A man named Denton Loudermill had been briefly detained before being released after police realized he was not involved. But a photograph of him in handcuffs spread around social media, including by several elected Missouri officials.

The lawsuit claimed that the Missouri officials’ social media posts that recirculated that image placed him in a false light. The Missouri officials, however, claimed that they were immune from suit based on the Communications Decency Act, which has been interpreted to protect internet users who have merely engaged in republication. The oral argument on the issue can also be found by searching court records online.

In the Missouri Supreme Court, the court heard arguments on Cathi Utley’s appeal. Utley has challenged a judge’s decision to jail her for allegedly violating a court decorum order while she was serving as a designated pool photographer.

Your press association has filed an amicus brief in support of Utley. That oral argument can be found via the Missouri Courts website, https://www.courts.mo.gov/.

A third case was argued last month that challenged the constitutionality of Section 573.550, which criminalized lending books that contain “explicit sexual material” in school libraries. The lawsuit was brought by the Missouri Association of School Librarians and the Missouri Library Association.

The associations asserted that hundreds of titles were removed from library shelves for fear of violating the law, which the librarians contend violate their expressive rights. That oral argument can also be watched via the Courts’ website.