Judge Clifford V. Cretan in Redwood City today ruled against the San Mateo County District Attorney’s office and ordered the Gizmodo warrant unsealed.
Gizmodo recently came into possession of an unreleased iPhone 4G prototype. After publishing photos and video of the device, police raided the home of editor Jason Chen using what may have been an illegal warrant.
The District Attorney’s office argued that unsealing the documents would reveal identities of potential witnesses and compromise their investigation. Bloomberg and other media organizations argued they should have access to the documents based on constitutionally protected free-speech rights.
The county’s argument relies only on its right to “maintain the security of an ongoing investigation,” said Katherine Keating, a lawyer for the media organizations. “What the District Attorney hasn’t done beyond making these vague assertions is explain what exactly is in the records” that justifies keeping them secret in light of “the public’s right of access to judicial records,” she said.
Keating represents the First Amendment Coalition, a San Rafael, California-based group, and six media organizations, including Bloomberg News, CBS Corp.’s CNet News and the Los Angeles Times.
We will post the warrant once it becomes available...
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Gizmodo recently came into possession of an unreleased iPhone 4G prototype. After publishing photos and video of the device, police raided the home of editor Jason Chen using what may have been an illegal warrant.
The District Attorney’s office argued that unsealing the documents would reveal identities of potential witnesses and compromise their investigation. Bloomberg and other media organizations argued they should have access to the documents based on constitutionally protected free-speech rights.
The county’s argument relies only on its right to “maintain the security of an ongoing investigation,” said Katherine Keating, a lawyer for the media organizations. “What the District Attorney hasn’t done beyond making these vague assertions is explain what exactly is in the records” that justifies keeping them secret in light of “the public’s right of access to judicial records,” she said.
Keating represents the First Amendment Coalition, a San Rafael, California-based group, and six media organizations, including Bloomberg News, CBS Corp.’s CNet News and the Los Angeles Times.
We will post the warrant once it becomes available...
Read More