A.P. v. Budowich
Overview
Overview
The government appealed Judge McFadden's preliminary injunction requiring the reinstatement of Associated Press reporters.
The Issue
Issue
Whether the government's removal of Associated Press reporters violated the First Amendment and whether a preliminary injunction requiring their reinstatement is appropriate pending appeal.
The Rules
Rule
A preliminary injunction requires showing substantial likelihood of success on the merits, irreparable injury without the injunction, favorable balance of equities, and that the injunction serves the public interest. The First Amendment protects press freedom and the ability of journalists to gather and report news.
The Application
Analysis
Judge McFadden found that AP reporters demonstrated a substantial likelihood of success on their First Amendment claim, that removal caused irreparable harm to their reporting capacity, and that the balance of equities favored protection of press freedom. The government appeals this preliminary injunction determination.
The Conclusion
Conclusion
The appeal is pending in the CADC, with the preliminary injunction requiring reinstatement currently in effect pending the appellate decision.
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