(Update June 11, 2024) Energy Transfer Appeals to Minnesota Supreme Court After Unicorn Riot’s Win in Appeals Court
Continuing its three-plus year quest to have the courts force Unicorn Riot to hand over documents, oil company Energy Transfer filed an appeal to the Minnesota Supreme Court on June 5, 2024. This follows the May 6 ruling favoring Unicorn Riot by the Minnesota Court of Appeals that rejected ET’s attempts to obtain newsgathering materials through a subpoena.
[Read Energy Transfer’s Petition for Review here (June 5, 2024)]
[Read the Minnesota Appeals Court Ruling here (May 6, 2024)]
So far we’ve spent $50,000 battling the energy company that owns Dakota Access Pipeline and we won the initial battle! Thanks so much to the 700-plus donations that helped us to do this! However, we still need your support to help recoup some of those costs and help us continue our battle as new costs are arising - donate today!
Recent writings on the case:
*Read a rundown of the case written in the Silha Center Bulletin (Winter/Spring 2024: Volume 29, No. 2)
*Minnesota Lawyer — Media collective wins pipeline appeal - Court says group needn’t turn over newsgathering materials (May 13, 2024)
*Unicorn Riot — Unicorn Riot Nets Resounding Win for Press Freedom Against Oil Corporation in Minnesota Appeals Court (May 10, 2024)
Background: Unicorn Riot and journalist member Niko Georgiades were served subpoenas in March 2021 as part of Energy Transfer/DAPL's lawsuit (filed in North Dakota state court) against Greenpeace and Indigenous water protectors, claiming they protested the pipeline for financial gain and not due to the potential environmental damage/harm to treaty rights.
(See updates in the update tab and for more information see these two articles: Pipeline Company Issues Broad Subpoena to News Site that Covered Protests Against It and CPJ calls on Energy Transfer to drop subpoenas to Unicorn Riot, journalist Niko Georgiades.)
The Minnesota Court of Appeals issued a ruling favoring Unicorn Riot on Monday, May 6, rejecting the oil company Energy Transfer LP’s attempt to obtain newsgathering materials through a subpoena, blunting a three-year legal pressure campaign.
In April 2021, the company behind the Dakota Access Pipeline started trying to force Unicorn Riot to give out sensitive and privileged materials developed in the process of covering the controversial fracked oil pipeline and the massive, historic organized resistance against it. (See our full-length documentary, Black Snake Killaz [2017], DAPL category, and Standing Rock and DAPL content tags for dozens of original stories.)
With the help of nearly 700 supporters chipping into our DAPL Legal Defense Fund (Thank you SOOO much), Unicorn Riot fought this subpoena every step of the way in the Minnesota court system — and the fight continues as the Minnesota Court of Appeals remanded some legal questions back to the district court. (We also need support for other ongoing legal matters.)
Unicorn Riot’s lead attorney, Chris Prozcko at Sapientia Law Group, noted the crucial work of fellow attorney Ryan Simatic as well as persuasive amici briefs from the Reporters Committee for Freedom of the Press, the Forum for Constitutional Rights and Tony Webster — all of whom brought important press freedom factors the court had to consider. Prozcko wrote:
“Free Press Victory in Minnesota Court of Appeals – [the Minnesota Free Flow of Information Act. or MFFIA] applies despite alleged unlawful conduct, exceptions must apply before district courts can order privilege logs from third parties
The Minnesota Court of Appeals issued the attached opinion in Energy Transfer LP v. Greenpeace International, addressing the application of the Minnesota Free Flow of Information Act when asserted in response to a third-party subpoena. We represent Unicorn Riot, a non-traditional media collective that resisted subpoenas from a conglomerate of companies that constructed and own the Dakota Access Pipeline seeking newsgathering materials to support tort claims against several activist organizations and demonstrators. The district court determined that the MFFIA protected Unicorn Riot but nonetheless ordered it 1) to produce a privilege log of all documents responsive to the subpoenas, and 2) to produce responsive materials to the court upon request for in camera review. Energy Transfer appealed the MFFIA determination, and Unicorn Riot appealed the privilege log requirement.
This morning [May 6], the Court of Appeals handed down a resounding win for the free press. As to the first issue, the court rejected Energy Transfer’s argument that the MFFIA does not protect information acquired during or related to a purported newsgatherer’s unlawful conduct and affirmed that the state shield law protects Unicorn Riot’s newsgathering materials related to the DAPL protests. The Court of Appeals also held that it was error for the district court to order Unicorn Riot to produce a privilege log and to produce privileged records for in camera review upon request without first determining that an exception to the shield law applies.
Special thanks go to Ryan Simatic for his invaluable efforts on this appeal, as well as the amici that supported Unicorn Riot’s position–specifically the Reporters Committee for Freedom of the Press, the Forum for Constitutional Rights, and Tony Webster. Their efforts ensured that the court had a wide-angle perspective on the issues before it and the importance of press protections.
Chalk up another one for the good guys.”
Christopher Proczko, Sapienta Law Group, May 6, 2024
Back in 2021, Alleen Brown and Sam Richards at The Intercept described Energy Transfer’s legal project as a “series of expensive conspiracy lawsuits against a disparate range of actors, [through which] the pipeline company has sought to paint the Standing Rock movement as the product of a vast misinformation-driven conspiracy to damage Energy Transfer.”
Trevor Timm at the Freedom of the Press Foundation described the subpoena as “a menacing attempt to intimidate a news outlet whose only ‘crime’ is being critical of the company” — adding “It should be thrown out immediately.” While some issues are still to be adjudicated, the lower court’s privilege log order has now been thrown out.
This ruling comes amid challenging times for the media industry as a whole: layoffs are mounting across the industry, while litigation and funding woes are pressuring media organizations to retreat from challenging coverage. The Fifth Circuit issued a “disastrous ruling” in Villarreal v. City of Laredo, Texas, which drastically eroded press freedom.
Support among philanthropists for nonprofit media is fading along with mounting media distribution problems, although some are joining larger networks in hopes of turning things around. At least in Minnesota, power players won’t be able to use certain legal avenues to harass media organizations and try to grab their newsgathering materials anymore, thanks to this new ruling favoring Unicorn Riot.
Thanks so much for your support! Please spread this legal fund to your friends. We still need support to recoup some of the $50K spent and the $30K+ that we're in the hole.
Unicorn Riot’s ongoing legal battle against Energy Transfer recently reached a new phase. Both Unicorn Riot and Energy Transfer have filed appeals, extending our years-long court case. To acknowledge the jeopardy to press freedoms in our case, numerous press rights advocates, along with legacy media and non-profit media organizations, filed multiple amicus briefs (legal documents filed in a court case by individuals or groups who are not parties to the case but have an interest in the outcome), in support of Unicorn Riot. A broad spectrum of groups and individuals recognize what’s at stake in this case. Excerpts from the briefs:
The Forum for Constitutional Rights said, “Unicorn Riot falls squarely within the [Minnesota Free Flow of Information Act’s] broad protective shield. Unicorn Riot is a non-traditional, decentralized, Internet-based media outlet—but that does not alter Unicorn Riot’s much noted record of news gathering, procuring, compiling, editing and publishing.”
Their brief goes on to say, “Unicorn Riot’s non-traditional—but MFFIA-protected—approach to news-gathering has redefined journalism, as illustrated by the Floyd protests and civil unrest.”
The Reporters Committee for Freedom of the Press and several other legacy media organizations, said, “Wide-ranging subpoenas that demand ‘[a]ll videos, audio recordings, images, reports, articles, letters, emails, press releases, statements, internet postings or content,’ like the one at issue in this case, are particularly burdensome for news organizations. Fighting—sometimes lengthy and costly—legal battles to protect their work product, a journalist’s time and resources are taken away from crucial reporting efforts… Ultimately, it is the public that suffers the consequences.”
And a lawyer representing award-winning freelance journalist Tony Webster said, “The news media relies on the protections of the MFFIA and First Amendment when doing their work, and the District Court’s order requiring a privilege log upends those protections, threatening not just the news media and their sources, but the right and interests of the public in staying informed.”
Amicus Briefs Filed on Unicorn Riot’s Behalf
Forum for Constitutional Rights Amicus Brief (November 6, 2023)
Reporters Committee for a Free Press with Minnesota Newspaper Association (MNA), Silha center for the Study of Media Ethics and Law, St. Paul Pioneer Press, Sahan Journal, American Civil Liberties Union of Minnesota (ACLU-MN), E.W. Scripps Company Amicus Brief (Nov 3, 2023]
Tony Webster Amicus Brief (Nov 3, 2023
[Read Unicorn Riot’s appeal here (Oct. 27, 2023)]
[Read Energy Transfer’s appeal here (Sept. 27, 2023)]
We are in need of your continued support. Our legal fees have now exceeded $42,000. Help us reach our legal fund fundraiser goal of $50,000. Please consider making a tax-deductible donation to our legal fund today of any amount - and kindly also share with anyone in your network who may also want to contribute. Your donation goes not only to help us, but all those who strive for a free and independent press!
On June 29, 2023, UR’s motion challenging the Minnesota District Court’s December 2022 order requiring it to produce a privilege log was denied. Energy Transfer/DAPL appealed the court’s original order that found that UR and its journalists are protected by the Minnesota Free Flow of Information Act. [Read appeal.] Before the end of October, we will be filing our own brief supporting the court’s ruling that the shield law protects us and challenging its requirement that we produce a privilege log in violation of our rights under the MFFIA and the First Amendment.
We want to express our gratitude to our many supporters who have generously donated to our legal fundraiser over the past two years. We could not have come this far without your unwavering support!
As we approach what we hope will be the final stages of this long and challenging legal battle, we are in need of your continued support. While we have raised around $20,000 to date, our legal fees have exceeded just over $30,000 – and we are less than halfway to our legal fund fundraiser goal of $50,000. We humbly request that if you or anyone you know can contribute, regardless of the amount, please consider making a tax-deductible donation to our legal fund today. Your donation goes not only to help us, but all those who strive for a free and independent press!
Background: Unicorn Riot and journalist member Niko Georgiades were served subpoenas in March 2021 as part of Energy Transfer/DAPL's lawsuit (filed in North Dakota state court) against Greenpeace and Indigenous water protectors, claiming they protested the pipeline for financial gain and not due to the potential environmental damage/harm to treaty rights. (See our original posting below for more information and these two articles: Pipeline Company Issues Broad Subpoena to News Site that Covered Protests Against It and CPJ calls on Energy Transfer to drop subpoenas to Unicorn Riot, journalist Niko Georgiades.)
First, we’d like to say thank you to our great community for sticking with us through this drawn out legal battle. This struggle has grown into one concerning the fundamental protections needed to ensure a free press, and we couldn’t have mounted the defense we have up to this point without your support. With that, we have some updates concerning this case that we can now share with you.
In Dec. 2022, after nearly three months of waiting, Judge Klein denied Energy Transfer’s motion to compel Unicorn Riot to comply with their third-party subpoenas, but the court ordered UR to produce privilege logs. You can read the ruling in full here.
Seeing the process of producing a privilege log as not only burdensome, but an imposition on our First Amendment rights as an independent media outlet, we chose to fight that ruling and our attorney submitted a motion of relief from the order of producing a privilege log. A court hearing was held on March 31 over that motion and a ruling is expected in the coming months.
As we wait for that ruling, the fight is certain to continue, and further court hearings and filings are likely to occur over the next several months. This whole ordeal has been very expensive for our small nonprofit organization and we don’t know when the situation will be resolved.
We need your continued help and support to push us through this and ensure we can continue to do our work without draining our limited resources. Right now, our ability to keep reporting on the stories you care about is at risk due to interference from an oil corporation’s lawsuit against activists that we are not a party to. The appeal process is estimated to cost us $35,000. This brings our total legal fees fighting this issue to nearly $50,000. If you’re financially privileged or know someone who is, please consider making a tax-deductible donation to our legal fund. Thank you for helping us make this stand for a free and independent press!
Energy Transfer/DAPL is continuing their quest to get the Minnesota District Courts to order Unicorn Riot (UR) to give up newsgathering materials from our coverage of the resistance to the Dakota Access Pipeline.
After a year of silence from the corporation, Energy Transfer filed a Motion to Compel UR and Niko Georgiades (UR journalist) to Comply with Subpoenas Duces Tecum on June 24, 2022. Last week on September 7, UR's counsel filed a Memorandum in Opposition to Compel Compliance and asked the court to squash quash the subpoenas against Unicorn Riot (and Georgiades). Energy Transfer filed another brief on September 14 arguing to enforce the subpoena.
An upcoming court hearing is scheduled on September 21, 2022, at 10:00 a.m. central time to allow Energy Transfer/DAPL to "move the Court" for an order to compel UR to give DAPL our documents.
Information to attend via Zoom can be found below. The hearing is also open to public attendance in person.
(Court record with Zoom link and login information.)
Thanks to your support, UR has been able to retain legal counsel to help us protect the integrity of our reporting. If you want to contribute to the ongoing costs of our legal needs, consider supporting us with a one-time donation or as a monthly recurring supporter. Thanks!
Background: Unicorn Riot and journalist member Niko Georgiades were served subpoenas in March 2021 as part of Energy Transfer/DAPL's lawsuit (filed in North Dakota state court) against Greenpeace and Indigenous water protectors, claiming they protested the pipeline for financial gain and not due to the potential environmental damage/harm to treaty rights. (See our original posting below for more information and these two articles: Pipeline Company Issues Broad Subpoena to News Site that Covered Protests Against It and CPJ calls on Energy Transfer to drop subpoenas to Unicorn Riot, journalist Niko Georgiades.)
*Donations to the legal fund are placed in our general operating account and allocated to legal expenses.*
UPDATE: We wanted to thank you for your support and give you all a quick update. UR has retained legal representation and has submitted legal motions before the court. It’s too early to tell what the next steps will be, but we have retained a top-notch First Amendment lawyer to vigorously defend us. UR is hoping for a quick resolution to this subpoena. In the interest of transparency, we are establishing a dedicated legal defense fund with any left over funds.
We are fortunate to have the support of numerous press freedom organizations such as the Committee to Protect Journalists. CPJ's Program Director Carlos Martinez de la Serna said in a statement, "[i]t is disgraceful that a multibillion-dollar company is trying to compel a nonprofit news organization and one of its reporters to turn over unpublished source material over four years after it was collected”. We know that Energy Transfer, the company behind the Dakota Pipeline, is going to extreme lengths to go after UR and our reporting but refuse to be silenced.
We are extremely grateful for your support and it has enabled us to continue to report on groundbreaking issues. We ask that you follow us on across social platforms to learn more about our work.
In Gratitude,
Unicorn Riot