Friday, July 7, 2006
The Sixth Circuit has vacated a newspaper's appeal in a case against the former mayor of Youngstown, Ohio. The mayor had forbidden his staff to speak with reporters for the Youngstown Business Journal, allegedly in retaliation for the Journal's unflattering articles about him. The Journal complained that its First Amendment rights had been violated. The district court granted the defendant's motion to dismiss. Before the appeal could be heard, a new mayor took office. The Sixth Circuit has vacated the district court's decision, dismissed the appeal, and remanded the case to the district court with instructions to dismiss the case as moot since the new mayor has now "withdrawn [the former mayor's] edict." You may recall a similar case involving Maryland Governor Robert Ehrlich and the Baltimore Sun that hit the courts in 2005. Read more here in an article by Kirsten B. Mitchell and here in a previous Media Law Prof post.
Read the Sixth Circuit's opinion in Youngstown Publishing Co. v. McKelvey here.