The Legal Forum welcomes letters to the editor at tramstack@gmail.com, which will be published here.
Washington Examiner Wins Appeal
On Subscribers’ Privacy Lawsuit
The Washington Examiner won an appeal last week in a lawsuit that accused the newspaper of violating privacy rights of consumers by disclosing their personal information to Meta Platforms Inc. without their consent.
The class action lawsuit said the Washington Examiner and Meta violated the Video Privacy Protection Act (VPPA).
The lead plaintiff, Nicole Pileggi, was a subscriber to a Washington Examiner newsletter. She said the newspaper illegally transmitted data about videos she viewed on the newspaper’s website.
Unbeknownst to Pileggi, a piece of computer code called the “Meta Pixel” transmitted to Meta information about the videos she watched on the website.
Meta, through its online platform Facebook, uses the data to target ads to consumers most likely to purchase the advertised products.
The Court of Appeals for the D.C. Circuit’s ruling narrowly interpreted the Video Privacy Protection Act in a way some plaintiffs say is outdated.
The court said Pileggi subscribed to a Washington Examiner newsletter but did not subscribe to the online videos she viewed.
If the Meta Pixels were taken from her newsletter subscription she could have claimed consumer privacy rights under the Video Privacy Protection Act. She could not claim the same privacy rights by accessing publicly accessible video from a website, the court said.
Congress passed the Video Privacy Protection Act in 1988 to prevent what it called "wrongful disclosure of video tape rental or sale records" or similar audio visual materials. Since then, it has been amended to include disclosures of online data that is considered private under consumer protection laws.
The appellate court agreed that Pileggi’s privacy was violated but disagreed that she could claim damages under the Video Privacy Protection Act.
She “did not rent, purchase or subscribe to the videos on the website. So Ms. Pileggi has not stated a claim against Washington Newspaper under the Video Privacy Act," the court’s ruling said.
Voting Rights Act’s 60th Anniversary
Clouded by Supreme Court Challenge
The 60th anniversary of the Voting Rights Act this month was overshadowed by a risk the Supreme Court is close to eliminating key portions of the landmark law intended to protect the participation of minorities in elections.
The Voting Rights Act was designed to prevent local and state officials from creating legal barriers that might prevent underprivileged populations from voting.
It encourages lawmakers to redraw voting districts to give traditionally underserved minorities a greater voice in choosing elected officials.
The Supreme Court served notice this month that it will hear a Louisiana case in the fall that challenges the state legislature's right to alter voting districts to protect the voting rights of Black and Hispanic residents.
The plaintiffs say any consideration of race in redistricting creates the possibility of unconstitutional racial discrimination, even if it is well-intentioned.
Continue Reading
Latest News
Appeals Court Expands DOGE’s Authority
To Tap Private Data Held by the Government
A federal appeals court ruled last week that the U.S. Department of Government Efficiency can have access to sensitive data on millions of Americans in its effort to root out waste and fraud.
The data is stored at the Treasury Department, the Education Department and the Office of Personnel Management.
A group of labor unions led by the American Federation of Teachers had sued to stop the Department of Government Efficiency searches.
They cited the 1974 U.S. Privacy Act, which is supposed to prevent government records of personal data from being disclosed publicly. The data includes names, Social Security numbers, medical information and personal finances.
The Department of Government Efficiency was established by President Donald Trump under an executive order in January. Billionaire and technology guru Elon Musk led the organization in its first months.
Power the Civil Rights Work of Our Time
Each day members of our community are experiencing wage theft, the effects of gentrification, discriminatory policing, collateral consequences, marginalization in schools, and barriers to public accommodations.
We fight alongside people facing the effects of gentrification like Amira Moore. Our work empowers the people and communities who need it most, “We can do more than we think. There’s a path to equity, we just have to step to it.” –Ms. Moore
For more than 50 years, the Washington Lawyers’ Committee has been on the frontlines of the fight for civil rights in our community. We deploy the best legal talent, we tackle the tough cases, we fight, and we win.
Our work is as important today as it has ever been. Through your support, you can play a role in creating justice for thousands of marginalized members of our community. Together, we will dismantle injustice and pursue lasting change.
Join us! Donate & subscribe: https://www.washlaw.org/support-us
Volunteer with us: https://www.washlaw.org/get-involved/
For more information, contact Gregg Kelley at Gregg_Kelley@washlaw.org
About Us
The Legal Forum is a nonprofit news service for the Washington area's legal community that also offers attorney job listings as well as amicus briefs and grant information for charitable organizations. If you have questions, please Contact Us
Letters to the Editor
D.C. in Brief
Protester Faces Trial After Throwing
Sandwich at Federal Officer in D.C.
A protester who threw a sandwich at a federal officer in downtown Washington, D.C., is scheduled for a preliminary hearing in two weeks.
He was apparently angered by the federal government’s effort to take control of the city and the large police presence that goes with it.
The confrontation gained notoriety partly because the White House posted a promotional video of Dunn's arrest to its account on X, formerly Twitter. The video was supposed to serve as an example of White House allegations that violence is out of control in Washington.
Sean Dunn, 37, was seen on the video yelling at an officer before throwing a Subway sandwich that hit the officer in the chest. He then sprinted away while being chased by several officers.
Dunn was a Justice Department employee at the time of the Aug. 11 incident near 14th and U Street NW. U.S. Attorney General Pamela Bondi fired him the next day.
Dunn was arrested at his home by 20 officers. A Justice Department affidavit quotes him as saying, “I did it. I threw the sandwich.”
He is charged with felony assault. He was released from D.C. Superior Court on his own recognizance.
His attorney told a judge that no one was injured in the incident. She also said Dunn served in the Air Force.
For more information, contact The Legal Forum (www.legal-forum.net) at email: tramstack@gmail.com or phone: 202-479-7240.
Court Intervention Stops Removal
Of D.C.’s Police Chief
A U.S. District Court judge last week convinced the Justice Department to give up on its effort to replace Washington, D.C.’s police chief with a federal official of their own choosing.
U.S. District Judge Ana C. Reyes compelled the Justice Department and D.C. city officials to reach an agreement that would continue local control over the police department.
She did not issue a final ruling but she did say Police Chief Pamela A. Smith must remain in her current leadership role. The Justice Department lacked authority to replace her, Reyes said.
The judge was responding to an emergency petition for an injunction from city officials.
Reyes said nothing that would indicate the Trump administration was prevented from continuing its federal takeover of other law enforcement in the city.
Continue Reading
Legal Briefs
We Could Use Your Help
Thousands of DC residents need a lawyer, but can’t afford one. They could be illegally evicted from their homes, lose custody of their children, experience domestic violence, and more, all because they lack legal representation.
You could make a difference. By making a donation to the Legal Aid Society of the District of Columbia, you will provide free, high-quality, zealous legal representation to low-income DC residents.
Your support could prevent homelessness, domestic violence, hunger, or family separation. In fact, if just 10 people who see this ad give $28 to Legal Aid, it will be enough to staff an experienced attorney at the courthouse for a day.
That way, DC residents like Keith King (pictured above) can get the legal representation they need to win their cases. As Mr. King put it, if it wasn’t for his Legal Aid lawyer, “I would have been homeless again.”
Here is the link to the Legal Aid website for donations: https://www.legalaiddc.org/donate-to-legal-aid/
For more information, contact Rob Pergament at Legal Aid at rpergament@legalaiddc.org