At the outset of the fall semester that is now concluding, the School of Law at Washington University in St. Louis launched a new First Amendment Clinic aimed at allowing students to gain experience by providing legal assistance to organizations, students, journalists and citizens.
“The clinic has two major goals: to defend and advance freedom of speech, press and assembly by providing pro bono legal services to individuals and organizations in matters raising First Amendment issues; and to educate law students to become leaders on First Amendment issues through real-world practice experience,” said Lisa Hoppenjans, assistant professor of practice and director of the clinic.
The clinic, which is funded by a grant from the Stanton Foundation, included six students in the fall semester and will have eight in the spring. The American spoke with Hoppenjans about the new endeavor.
The St. Louis American: In the announcement, WUSTL says the clinic will be “providing pro bono legal services to individuals and organizations in matters raising First Amendment issues,” and you cite two examples, “a motion to unseal court records for a news organization or bringing claim on behalf of an individual who was excluded from a government meeting for criticizing local officials.” Two questions: who does/does not qualify to receive these pro bono services? And: can you list or brainstorm about other examples of cases or situations where you think you can and hope to be of service?
Lisa Hoppenjans: Who does/does not qualify to receive these pro bono services? There is no bright line rule. We’ll evaluate matters on a case-by-case basis considering a number of factors, including the financial status of the potential client, the merit of the case, the importance of the issue involved or the right to be vindicated, and the suitability of the matter for work by law students. The goal is to either be assisting someone who cannot afford counsel or to be advancing an important free speech, press, or assembly claim that, as a practical matter, would likely not be litigated without the availability of pro bono representation.
As for other examples of cases or situations where we can and hope to be of service: a motion to unseal court records for a news organization or bringing claim on behalf of an individual who was excluded from a government meeting for criticizing local officials; defending an individual who cannot afford counsel against a defamation claim; advising a student newspaper regarding publication of a controversial story; challenging an unconstitutional municipal sign ordinance.
The St. Louis American: In recent years we have seen the emergence of the citizen journalist, which has blurred the category of who is and isn’t a journalist. I am thinking of livestreamers who document protests or civilian gadflies who attend public meetings out of civic duty. Is your door open to them? What kinds of help might you provide to them, if so?
Lisa Hoppenjans: Our door is absolutely open to citizen journalists and anyone with a free speech claim. Citizen journalists now play a hugely important role in sharing information with the public. We’ve seen that firsthand here in St. Louis with individuals who documented the protests in Ferguson and the Stockley verdict protests. These citizen journalists face many of the same obstacles, intimidation, and potential for retaliation that journalists face, but without the resources that being part of a professional news organization can provide.
So, for example, if a citizen journalist faces government retaliation for a video she posted, or a local amateur blogger faces obstacles obtaining public records that he hopes to share with a wider audience online, these are matters where the clinic may be able to help.
The St. Louis American: We were encouraged by the new chancellor emphasizing WUSTL having a new degree of commitment to its host region. What potential does this clinic have to impact the region for the better? Who in the community would you like to hear from so you can leverage the university’s might to make a difference?
Lisa Hoppenjans: We’re focused on seeking justice for our individual clients, but I hope that by working to hold accountable those who violate our clients’ First Amendment rights, we put other local government officials on notice of the need to ensure that they know the law and are following it. I also hope that by assisting journalists and others engaged in investigative work, we can contribute to efforts to make local government more transparent and permit meaningful public oversight and increased accountability.
The St. Louis American: You recently filed a suit with the ACLU against a Dellwood cop for a civil rights violation. Was that the clinic’s first filing? How are you and the ACLU dividing labor on the case?
Lisa Hoppenjans: Our first official filing in a case was in October. The clinic drafted an amicus brief on behalf of a group of First Amendment scholars supporting a cert petition asking the U.S. Supreme Court to review a decision by a lower appeals court that jeopardizes important First Amendment protections for public employees.
The suit you mentioned is the first lawsuit filed by the clinic on behalf of a client, and we’re excited to be co-counseling with the ACLU. I expect my students will get the chance to be involved in all aspects of that litigation process going forward.
For more information on the First Amendment Clinic at the Washington University School of Law, call 314-935-7238.
