A closely-watched case brought by suburban Detroit attorney Nicholas Somberg challenging a county court’s recording ban has been dismissed, with the ruling hinging primarily on the issue of standing. Somberg argued that Oakland County’s prohibition against most forms of recording during court proceedings violates the First Amendment. However, his claims failed to make headway with the US Court of Appeals for the Sixth Circuit.
The case was dismissed by a divided Sixth Circuit panel, led by Judge Amul R. Thapar. According to Judge Thapar’s opinion, the initial question of standing determined the outcome of the litigation. The lower court had dismissed Somberg’s case on its merits, but Judges Amul R. Thapar and Senior Judge Alice M. Batchelder found that Somberg did not adequately demonstrate that Oakland County Prosecutor Karen D. McDonald was responsible for any potential injury Somberg might have incurred. The full opinion can be accessed here.
Somberg’s challenge arose after a photograph he took during a Zoom court conference led to enforcement actions under the county’s no-recording policy. Despite the Eastern District of Michigan originally dismissing the case on substantive grounds, the appellate court’s emphasis on standing effectively ended further judicial scrutiny of Oakland County’s contentious rule. For further details, see the full report by Bloomberg Law.