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Media groups cite First Amendment in BLM horse fight
Key Excerpts from Article on Website of Salt Lake Tribune/Associated Press
Posted: September 24th, 2013
http://www.sltrib.com/sltrib/world/56883666-68/blm-access-ho...
The Reporters Committee on Freedom of the Press says the U.S. Bureau of Land Management is using safety concerns as an excuse to limit media access to wild horse roundups across the West in violation of the First Amendment. The National Press Photographers Association and more than a dozen newspaper companies joined the committee in a friend-of-the-court brief filed in the 9th Circuit U.S. Court of Appeals late Monday to back an advocacy group waging a series of legal battles over mustang roundups in Nevada. Horseback Magazine photographer Laura Leigh and others "have a right to see what happens" during the roundups, the media groups said, urging the court to be "highly skeptical of assertions by the BLM that restrictions placed on media access were done for administrative convenience and/or to satisfy safety concerns." The 9th Circuit sent the case brought by Leighs advocacy group, Wild Horse Education, back to U.S. Judge Larry Hicks in Reno last year to determine if the BLM limits are constitutional. Hicks ruled in 2011 that a balancing of the interests of the agency and public access to a roundup in Nevada didnt warrant granting an injunction to block the gathers. But a three-judge panel of the appellate court ruled he failed to determine whether those restrictions violated First Amendment protections. "When the government announces it is excluding the press for reasons such as administrative convenience, preservation of evidence, or protection of reporters safety, its real motive may be to prevent the gathering of information about government abuses or incompetence," Appellate Judge Milan Smith Jr. wrote in the 18-page opinion in February 2012.
Note: For more on the disturbing decision to round up the few remaining wild horses, click here.
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