Lexington Herald-Leader's 'TMC' win reversed by U.S. Sixth Circuit 2/12/18

By John Bussian

The Lexington Herald-Leader's 2017 First Amendment "right to distribute" win before a Kentucky federal trial court was reversed in January by the U. S. Court of Appeals in Cincinnati.


Lexington TMC case argued in U.S. 6th Circuit Appeals Court 12/12/17

Special to the SNPA E-Bulletin

After winning an injunction in a groundbreaking federal court lawsuit to stop a local ordinance that effectively banned TMC distribution, Publisher Rufus Friday of McClatchy's Herald Leader in Lexington, Ky., returned to court on Dec. 7 to preserve the victory.

This time the Herald Leader and its courtroom counsel John Bussian were in Cincinnati before a three-judge panel of the U.S. Court of Appeals defending the Herald Leader against the City of Lexington's appeal from the May 2017 order granting the Herald Leader a preliminary injunction against enforcement of the city's new anti-TMC ordinance. That order marked the first time a federal court held that legislation making it too costly to distribute newspapers violates the First Amendment.


Independent contractor carveout changed in North Carolina 10/10/17

By L. Michael Zinser, The Zinser Law Firm

We have been writing for months about the never-ending saga of legislative attempts to remove from North Carolina law a provision in the workers' compensation law that presumes newspaper carriers are independent contractors. This presumption has been very valuable since it was passed almost two decades ago. Since that time, there has not been a single reported independent contractor versus employee case in the workers' comp arena in the state of North Carolina.


Judge's ruling a win for press freedom 5/9/17

By Rufus Friday, president and publisher, Lexington Herald-Leader

I never imagined that my first Herald-Leader commentary would involve fighting for this newspaper's free-press protections. Yet it does.

Last Friday, U.S. District Court Judge Karen K. Caldwell, issued a momentous pro-First Amendment ruling in the lawsuit the Herald-Leader was forced to file against the Lexington-Fayette Urban County Government.

She stopped a new city-county ordinance that would have banned driveway distribution of free newspapers and other printed material from going into effect on May 1. City officials have not decided whether to appeal the decision. If they are wise stewards of precious tax dollars, they won't go down that road.

The ordinance, which includes a $200 penalty for each violation, is likely unconstitutional because it would have the effect of cutting off circulation of our free Community News.


Federal judge halts enforcement of Lexington ordinance opposed by Herald-Leader 5/2/17

By Beth Musgrave, Lexington Herald-Leader

A federal judge has ruled that Lexington cannot enforce a recently passed ordinance that restricts where advertising and other unsolicited printed materials can be delivered.

U.S. District Court Judge Karen Caldwell ruled Friday that the Lexington-Fayette Urban County Government cannot enforce the ordinance that was supposed to take effect Monday until a court case challenging the ordinance has been resolved.


Student Press Law leader to head Brechner Freedom of Information Center 4/3/17

The University of Florida College of Journalism and Communications has announced that Frank LoMonte is the new director of the Joseph L. Brechner Center for Freedom of Information.


Herald-Leader sues city of Lexington 4/3/17

By Beth Musgrave, Lexington Herald-Leader (reprinted with permission)

The Lexington Herald-Leader has sued the city of Lexington, Ky., alleging that a new ordinance – which restricts where publications can be delivered – runs afoul of the First Amendment.