Learn More: Boehner v. McDermott

If you would like to understand more about Boehner v. McDermott, consult the reference list of articles, editorials, legal briefs, and case documents below. Please consider making a donation to my Legal Expense Trust to help support me in this battle to protect your First Amendment rights.

Quotes of Note

Here are just a few compelling comments about Boehner v. McDermott:

Judge David B. Sentelle (dissenting opinion, March 28, 2006): "I do not believe the First Amendment permits this interdiction of public information either at the stage of the newspaper-reading public, of the newspaper-publishing communicators, or at the stage of Representative McDermott's disclosure to the news media." Read more.

Journalist Bill Moyers (Seattle Paramount Theater, April 22, 2005): "You may not know this, but even though he has a safe seat here in Seattle, Jim is in the crosshairs of the radical right of the Republican Party. And they are going to try to make it very difficult for him to function in Congress because they cannot forgive the role he played, honorably, in bringing down Newt Gingrich. And Jim is going to need your support in the next 12 months in ways that you cannot at the moment imagine, and I am sure he will get it." Read more.

Washington Post Editorial Board (April 8, 2006): "[Dissenting] Judge Sentelle rightly points out that under the majority's reading, the newspapers that published the story were just as legally culpable as Mr. McDermott ... [The 2–1] ruling can't be right; the full court ought to intervene." Read more.

The Basic Facts

The History of Boehner v. McDermott
This brief narrative tells the story of this case, from Rep. McDermott's appointment as co-chair of the House Ethics Committee in 1993 to the latest ruling by the United States Court of Appeals for the District of Columbia Circuit, rendered on March 28, 2006.

Major Media Outlets Declare Their Support
On June 15, 2005, 18 news organizations—representing nearly all the major U.S. media outlets—filed an amici curiae (friends-of-the-court) brief in support of Rep. McDermott. It stated, "The district court's approach violates the First Amendment ... and would potentially subject reporters to intrusive and improper inquiries into their newsgathering activities."

The Key Details

The Incident

Tape Excerpts
See excerpts published by the New York Times from the tape recording of House Speaker Newt Gingrich and his leadership team plotting to evade the no-spin provision of a plea agreement with the House Ethics Committee.

Text of New York Times and Atlanta Journal-Constitution Articles
Read the original articles published in January 1997 by the New York Times and the Atlanta Journal-Constitution after their reporters listened to the tape recording that was handed to Rep. McDermott. The articles were entered into the Congressional Record on January 26, 2005, by Rep. Pete Stark (D–CA).

Key Court Documents

Boehner Upheld in Ruling by D.C. Circuit Court of Appeals
On March 28, 2006, the three-judge panel of the D.C. Circuit Court of Appeals ruled 2–1 against Rep. McDermott. Read their judgment and Judge Sentelle's powerful dissent.

Amici Curiae Brief Filed by Major Media Outlets
Read the full friends-of-the court brief filed by 18 major U.S. media outlets in support of Rep. McDermott's defense of the First Amendment.

McDermott Files Petition for Rehearing by Full Appeals Court
On April 26, 2006, Rep. McDermott filed a Petition for Rehearing En Banc with the D.C. Circuit Court of Appeals. The petition requests that the full 12-member court agree to hear the case "...because the divided panel decided a constitutional issue of exceptional importance in a manner inconsistent with on-point Supreme Court precedent." Read the full text of the petition.

Legal Analyses

Media Attorney Peter Karanjia
Read Karanjia's detailed legal analysis of Boehner v. McDermott in light of the U.S. Supreme Court ruling in Bartnicki v. Vopper and its impact on conventional First Amendment law.

Attorney Frank Cicero Jr.
In the newsletter First Amendment & Media Litigation, Frank Cicero Jr., Rep. McDermott's attorney for Boehner v. McDermott, argues that a ruling in favor of Rep. Boehner would put journalists at risk.

Tale of the Tapes
This article in The News Media and the Law discusses how rulings in Boehner v. McDermott and Bartnicki v. Vopper demonstrate that the courts have given "no clear guidance on journalists' receipt or use of illegally recorded phone conversations."