Compiled from Staff Reports – March 10, 2024

According to the U.S. Press Freedom Tracker, a product of the Freedom of the Press Foundation, only 13 cases of Prior Restraint have been decided in U.S. courts; each violated the U.S. Supreme Court Decision Near v. Minnesota. The courts struck down all 13 cases nationwide; eight others were dropped before trial, and several others are pending in the courts.

Following Currituck County Ike McRee issuing a permanent no-trespass notice to BlackwaterReports founder Thom Roddy in violation of his due process, he (Roddy) sent a timely offer to remedy to McRee, which went unanswered. McRee previously served as the county attorney for more than 20 years. A number of individuals familiar with the notice found it striking that McRee, an attorney, would put his name on such a document, deny due process, and fail to respond to an offer to remedy.  The most significant scandal to rock the Currituck County government centered on the renewal of McRee’s contract. McRee retires on March 31, 2024, following more than two months of speculation on his status.

The 13 cases struck down in the courts:

1. Judge orders Oregonian to destroy Nike lawsuit documents
2. WSAZ-TV publishes government document after judge ends protective order
3. Arizona judge grants state senator’s restraining order against journalist
4. Sarasota Herald-Tribune prohibited from publishing deputies’ names
5. Denver Gazette barred from publishing article based on mistakenly released documents
6. NY court issues prior restraint against The New York Times
7. New York judge strikes down orders barring publication of book by Trump’s niece
8. Appellate judge rules California blog can publish — but not destroy — city records
9. North Carolina judge grants then dissolves restraining order barring TV station from airing investigative report
10. Pennsylvania journalist barred from publishing document mistakenly made public, order vacated
11. Colorado judge strikes down order preventing CBS4 from publishing
12. Los Angeles County judge orders reporters not to publish courtroom photographs
13. Las Vegas judge orders Review-Journal and AP not to report on publicly-available autopsy report

Cases Dropped Prior to Trial:

1. Judge again bars media from publishing on expelled student or his lawsuit
2. Judge bars media from publishing on expelled student suing UNC system
3. Texas judge vacates order limiting murder trial coverage
4. Penn. journalist ordered to destroy, unpublish copies of leaked report
5. California journalists sued for ‘hacking’ city’s open Dropbox folder; barred from publishing
6. Judge orders ProPublica Illinois, other media, not to publish details of juvenile court case
7. Illinois County judge orders watchdog publication not to publish school records released by lawyer
8. California orders reporters not to write about sealed search warrant

What is an Offer to Remedy?

An offer to remedy prior to filing legal action, also known as a settlement offer or demand letter, is a formal communication from one party to another in which the sender proposes a resolution to a dispute or legal claim before initiating litigation. The purpose of such an offer is to attempt to resolve the matter amicably and avoid the time, expense, and uncertainty of going to court.

In the context of a legal dispute, an offer to remedy typically outlines the following:

1. Details of the Dispute: The letter may briefly summarize the facts and circumstances giving rise to the dispute or legal claim.
2. Legal Basis: The sender may explain the legal basis for their claim or position, citing relevant laws, contracts, or other applicable legal principles.
3. Proposed Resolution: The offer to remedy will specify the desired outcome or resolution sought by the sender. This could include monetary compensation, corrective action, cessation of certain behavior, or other forms of relief.
4. Timeframe for Response: The letter may include a deadline by which the recipient is expected to respond to the offer, either by accepting, rejecting, or proposing a counteroffer.
5. Consequences of Non-Response: The sender may also indicate that if the recipient fails to respond or rejects the offer, they may pursue legal action to resolve the dispute.

An offer to remedy is often an initial step in the dispute resolution process and can demonstrate to the recipient that the sender is willing to engage in good-faith negotiations to resolve the matter outside of court. Depending on the recipient’s response, the parties may then proceed to negotiate further, accept the proposed resolution, or move forward with litigation if a satisfactory resolution cannot be reached through negotiation.