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Friday, July 16, 2010

Breaking News: Judge Strikes Victory for First Amendment









The Cloud Foundation


Media Contacts:  

Anne Novak
Tel: 415-531-8454                

Makendra Silverman 
Tel: 719-351-8187


For Immediate Release: 

Judge Hicks Strikes Victory for First Amendment

Court sees Each Roundup as SeparateAllows Leigh Access to Roundup

Reno, NV (July 15, 2010)—First Amendment rights are upheld for wild horse advocate and journalist, Laura Leigh Field Manager of Herd Watch a Cloud Foundation program. Federal Judge Hicks strikes victory today despite his order to proceed with the Owyhee roundup. The other pending roundups in the complex such as Rock Creek and Little Humbolt have been acknowledged as separate events. 

"This ruling was made by a judge that is obviously willing to listen," said Laura Leigh. "He does not want the deaths of 75% of the horses in Owyhee on his heart and mind. As an advocate I completely understand why he ruled the way he did. However please take note that this judge recognizes that these areas are three separate areas and not the single event BLM has claimed. He ruled without predjudice to hearing my argument in his courtroom for Rock Creek and Little Humbolt as separate events. And he ruled with an absolute recognition of the reason our forefathers made the First amendment first. A free press is vital to the system of government accountability in a Democratic society. I am on my way to Owyhee.... We are not done with making a stand for these amazing beings that are such a vital symbol of American Freedom."

The First Amendment protects the fundamental right of individuals including the press and journalists to gather information that are matters of public interest so as to provide that information to the interested public. When the BLM shut off the gather areas from public viewing they violated this concept, at least this is what federal Judge Larry Hicks conveyed in his Order.
Judge Hicks struck down the BLM’s blanket closure of public lands in the Gather area. He agreed with Laura Leigh that this "closure" amounted to a prior restraint on her First Amendment rights because she would not be able to observe and report on the health of the horses and the BLM’s management of the gather.
Assuming the BLM would fairly comply, this ruling brings back the "watchdog" concept which allows the public to observe the BLM’s activities in scheduled wild horse roundups.
"This is a victory for all member of the press. Laura Leigh took on the burden of anyone who was denied access.  Now, any member of the public may have access," explains Gordon Cowan the attorney for Leigh.

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Links of interest:
‘Herd-Watch: Public Eyes for Public Horses’ http://bit.ly/9Wvh58
Court Order Granting Injunction http://bit.ly/doc10LeighvSalazar
Restraining order sought - AP article http://bit.ly/TROsought
Roundup Schedule- updated July 12, 2010  http://bit.ly/roundupschedule
The Mustang Conspiracy: Sex, Drugs, Corruption, and BP – investigative report http://www.abovetopsecret.com/mustangconspiracy/
Wild Horse and Burro Act http://bit.ly/a7hOeS
Tuscarora/Owyhee Complex Roundup Information from BLM http://bit.ly/Tuscarora

Disappointment Valley... A Modern Day Western Trailer- excellent sample of interviews regarding the issues http://bit.ly/awFbwm
PR Firm Hired for the Destruction of America’s Wild Horse and Burro Herds http://bit.ly/czf3HB
Fact Sheet on Wild Herds & The Salazar Plan http://bit.ly/bfdX1y 
Past Cloud Foundation press releases http://bit.ly/TCFpress


Photos, video and interviews available from:
The Cloud Foundation
The Cloud Foundation is a non-profit dedicated to the preservation and protection of wild horses and burros on our Western public landswith a focus on protecting Cloud's herd in the Pryor Mountains of Montana.
107 S. 7th St. - Colorado Springs, CO 80905 - 719-633-3842 www.thecloudfoundation.org

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