Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Payment required to read the law? Supreme Court will decide.

Official code of Georgia - Annotated
Amazon.com

The most important legal challenge in decades to a basic tenet of open government — laws should be available to public to read for free — went before the Supreme Court on Monday.

The justices heard arguments in a dispute over whether Georgia may have copyright protections on its annotated legal code books, which means they're not available to the public without cost. It appears to be the first time in more than a century the court has considered the limits of the "government edicts doctrine," which bars copyrights on statutes and legal decisions.

Open records proponents, civil rights groups and the news media say it's unconstitutional to limit the peoples' access to the law books most widely in use. The Trump administration has taken Georgia's side.


The fight is not over the actual statutes enacted by the General Assembly, which everybody agrees may not be subject to copyright protection. The dispute is over the annotated code, where the texts are accompanied by detailed explanations of legislative history and references to relevant court precedents. These are the essential reference books that lawyers, judges, lawmakers and citizens use every day to understand the meaning of the laws.

The case began when Georgia sued a public record activist, Carl Malamud, to force him to stop publishing the annotated code on his website, public.resource.org.

"If a democracy is based on an informed citizenry and ignorance of the law is no excuse, how can we possibly justify requiring citizens to obtain a license and pay a tax before they read the law and repeat it to their fellow citizens?" he replied.

The 11th U.S. Circuit Court of Appeals ruled in his favor last year, saying: "Because they are the authors, the people are the owners of these works, meaning that the works are intrinsically public domain material and, therefore, uncopyrightable."

But Georgia sees it differently, especially because the annotated law books are ultimately published by a private contractor, LexisNexis, and part of the company's deal with the state is that it gets to cover its production costs and make some profit by attaching a copyright and selling the volumes for $404.

And while the annotation process is overseen by a government commission, the decisions are made by the contractor. And the annotations — commentaries, case references and editor's insights — are not themselves the law.

Thirteen states and the District of Columbia have asked the court to take Georgia's side, on the grounds that without a profit motive and copyright shield no publishers will want to produce the law books.

Those who have filed briefs on the other side include the American Library Association, the American Civil Liberties Union, the Intellectual Property Association and the Reporters Committee for Freedom of the Press, which was joined by Gannett Co., the Los Angeles Times and The New York Times.

"If the First Amendment requires public access to criminal trials so that citizens may oversee and participate in government, then citizens must also have access to the laws that organize their society (and that form the basis of those criminal trials)," the media organizations said.


Read More

The exterior of a home.

While en route to surrender his Army of Northern Virginia to General Ulysses S. Grant on April 9, 1865, General Robert E. Lee rode past Appomattox Courthouse in rural Virginia.

visionsofmaine / Getty Images

The Civil War Never Really Ended, But an American Union Could Finally Help America Truly Heal

In previous essays, I argued that the United States should seriously consider a new governing structure — an “American Union” — in which red and blue America peacefully separate into two sovereign nations while preserving a common military alliance, shared currency, and freedom of movement, with each new nation having its own constitution reflecting its own political consensus.

Simply put, the United States is too politically, culturally, and geographically divided to function effectively under the existing highly centralized, winner-take-all system in which every election determines how more than 330 million people must live.

Keep ReadingShow less
 Full length of man unloading cardboard box from van

America's moving season is slowing to a historic standstill. Discover how mortgage lock-in, housing shortages, and declining mobility threaten economic opportunity and the American Dream.

Maskot / Getty Images

America Has Stopped Moving

The arrival of early June traditionally signals the great seasonal stirring of the American demographic engine. As school districts wrap up and corporations align their fiscal calendars, hundreds of thousands of families pack up moving vans, pull up stakes, and chase opportunity across state lines. This radical freedom to move - to escape an economically stagnant region, abandon a declining industry, and claim a stake in a booming frontier - has long been the primary safety valve of American democracy. It is the literal mechanism of self-reinvention, an unwritten article of the national faith that promises that where you begin is not where you are destined to finish. It was this spatial fluidity that historically distinguished the American social hierarchy from the rigid, ancestral geography of Europe, where a family's prospects were bound to the soil of their birth for generations.

Yet, as the peak moving season gets underway this year, real estate data reveals an eerie, unprecedented stagnation: domestic relocation rates have plummeted to modern historic lows, with the Census Bureau reporting the lowest mobility rate since tracking began in 1948. The great continental migration that has defined American economic vitality and cultural mixing since the days of the frontier has ground to a sudden, structural halt. From abroad, the silence of this once restless internal movement is even more striking – a demographic engine that once roared now barely hums.

Keep ReadingShow less