Kelli L. Sager

As a prominent First Amendment attorney, Sager has more than 35 years’ experience representing media and entertainment companies, including web publishers, broadcasters, filmmakers, newspapers and book publishers. In 2019 she was the first woman to receive the Excellence in Advocacy award from the Beverly Hills Bar Association.

She said that worrisome conservative attacks on the media are on the rise. “It’s an interesting and busy time. A lot of individuals with a certain political bent seem to be bringing a lot more lawsuits against the media.” She named President Trump and his circle, who have sued to block books unfavorable to his administration; Devin Nunes, the Republican congressman from Tulare and Fresno counties who has filed multiple defamation cases; and Don Blankenship, the West Virginia coal mining executive and Republican senatorial candidate, who sued more than 100 media companies and their reporters over reports on his conviction for conspiracy to violate mine safety laws. “The suits raise concerns that they are designed to drain the resources of media outlets.”

Sager represented more than 30 of the media defendants in Blankenship’s suits; all but one of her clients has been dismissed. Blankenship v. Napolitano, 2:19-cv-00236 (S.D. W.Va., filed March 29, 2019).

Also troubling, Sager said, is the growing resistance by authorities to Freedom of Information requests. “There’s been more and more of a fight to get basic information. Some government agencies don’t want the public to know what they’re doing, and they use the coronavirus pandemic as an excuse to stonewall. It’s hard to get relief now due to court shutdowns. We’re bringing public record and FOIA suits, because the public has a lot of need to know right now regarding public health and the election, but it’s a fight. Just look at the effort it takes to find out basic White House information about the president’s health.”

At the same time, Sager credited the government’s third branch with improved transparency as more court hearings go online, available to anyone with an internet connection and making public access to proceedings easy despite pandemic safety measures. She said that the 9th U.S. Circuit Court of Appeals led the way.

“Give Alex Kozinski and Sid Thomas credit,” she said, naming the circuit’s former and current chief judges who pioneered and expanded the streaming of court sessions. “They have set an example, so when the pandemic shut things down, the circuit showed that electronic access is doable. Even the U.S. Supreme Court is now on audio.”

The disparity is evident, Sager said. “The courts stand in contrast to the executive and legislative branches. It’s unfortunate that openness isn’t the rule across the board.”

— John Roemer