July 09, 2024

First Amendment Clinic students win big at Arizona Supreme Court

Students made a lasting impact on Arizona journalism when the First Amendment Clinic argued its most recent case before the Arizona Supreme Court. 

Two Sandra Day O’Connor College of Law at Arizona State University students – rising 3L Markus Auers and recent graduate Samuel Lederman – split time giving the oral argument in a case that helped journalists across the state access critical public records. 

“I thought I had a chance at oral arguments coming into the First Amendment Clinic, but not at the Supreme Court,” said Auers. “Once I knew our case would be heard, I was excited and hoped I would get to argue it. I was nervous for two or three weeks when we got close to the day, but I didn't feel as nervous once I got into the chambers and was arguing. We prepped as much as we possibly could.” 

The clinic represented journalist Amy Silverman and her news organization, the Arizona Daily Star, in a case against the Arizona Department of Economic Security (ADES). Silverman has been researching whether the ADES's protective services division is adequately responding to abuse allegations. The records are confidential, but state law allows those engaged in “bona fide research” to obtain them as long as personally identifying information is redacted. ADES said journalists did not qualify for that exception, but the court disagreed, adding that excluding journalists raised serious freedom of speech and equal protection concerns.

From the Superior Court to the Court of Appeals and finally the Supreme Court, First Amendment Clinic students were standing before judges, making Silverman's case every step of the way. After weeks of preparation and practice, clinic students persuaded the courts to agree that journalists should be able to hold agencies accountable for their work through public records requests.

Lederman argued the case shortly before graduating from law school in May 2024, which sent him off on a high note. 

“I was nervous, but with preparation, the nerves were mostly cured,” he said. “I was excited for the opportunity, which I think showed in my advocacy. I'm grateful to have had the opportunity to help set this precedent. I suspect I will appreciate this case and my role in it as my career progresses. At any rate, it's an auspicious start to begin with a win.”

After graduation, Lederman plans to take the California Bar Exam and practice copyright law. He said serving real clients in a clinical setting gave him critical insight into the legal profession he likely wouldn’t have gotten at an externship. 

“It offered what classes cannot - real people, real problems and real practice,” said the Bettendorf, Iowa native. “I have heard from multiple professors that their only regret in law school was not doing a clinic.”

Auers, originally from Dallas, worked in flood plane mapping and hydrology before arriving at ASU Law. He’s always wanted to be a litigator, and the clinical experience perfectly aligned with his interest in constitutional law. 

“Knowing ASU Law had a First Amendment clinic, I thought it would be cool to work on those cases,” he said. “It was more of a hands-on experience; externing at law firms, you’re not getting that kind of hands-on experience with First Amendment cases and working on them directly. As students, we got to argue the case and get a favorable ruling. Hopefully, it leads to more changes going forward.” 

Written by Lindsay Walker