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Whether a journalist can be detained on the basis of their livestreaming and reporting on law enforcement activities.

This case in the Minnesota Supreme Court asks whether the MFFIA's protections apply to newsgatherers even if they are alleged to have engaged in trespassing while newsgathering. The ACLU鈥檚 State Supreme Court Initiative, alongside the ACLU of Minnesota and law firm Biersdorf & Associations, filed a brief representing Unicorn Riot, a media organization that covered protests of the Dakota Access Pipeline. The brief argues that MFFIA and constitutional reporter鈥檚 privileges, under both the U.S. and Minnesota constitutions, protect Unicorn Riot from having to comply with Energy Transfer鈥檚 subpoenas.

This case is about whether the government can impose sweeping restrictions on 鈥渇alse alarms鈥� about public emergencies, without specifying what constitutes a false alarm.