Our years-long legal battle against Energy Transfer reaches the oral arguments phase after appeals.

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February 13, 2024


** Legal Battle Update:
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** Appeals Court Oral Argument Set for Feb. 14
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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 and oral arguments are happening February 14.

Observe the oral arguments in Courtroom 200 of the Minnesota Judicial Center in St. Paul, Minnesota at 10:40 a.m. CST or view via Zoom ([link removed]) : Meeting ID: 161 656 6129 Passcode: 582964.

Energy Transfer (which partially owns the Dakota Access Pipeline) has been trying to subpoena Unicorn Riot since March 2021. The March 2021 subpoena was part of Energy Transfer's federal racketeering lawsuit filed in 2017 against a range of defendants including environmental groups Greenpeace USA, BankTrack and Earth First!.

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 [links below]:

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 ([link removed]) (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 ([link removed]) (Nov 3, 2023]
* Tony Webster Amicus Brief ([link removed]) (Nov 3, 2023

[Read Unicorn Riot’s appeal here ([link removed]) (Oct. 27, 2023)]

[Read Energy Transfer’s appeal here ([link removed]) (Sept. 27, 2023)]

We are in need of your continued support. Our legal fees have now reached $50,000. Help us recoup some of that money by donating to our legal fund ([link removed]) . 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!

Read the latest filings:

Respondents_Cross-Appellants' Reply Brief ([link removed]) - Filed by Unicorn Riot (Dec. 11, 2023)

Appellants - Cross-Respondents Response and Reply Brief ([link removed]) - Filed by Energy Transfer (Nov. 27, 2023)
SUPPORT UNICORN RIOT’S LEGAL FUND ([link removed])

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 ([link removed]) and CPJ calls on Energy Transfer to drop subpoenas to Unicorn Riot, journalist Niko Georgiades ([link removed]) .)

Watch our feature length documentary film about the resistance to the Dakota Access Pipeline, Black Snake Killaz: A #NoDAPL Story [2017]. The film explores actions taken by water protectors to stop the construction of the oil pipeline and highlights actions taken by law enforcement, military, and corporate mercenaries to quell the months-long protest. Black Snake Killaz timelines the historical events that unfolded in Standing Rock throughout 2016 and brings you the raw experience from many frontline actions to protect the water. Although the Dakota Access Pipeline is completed, the impact of the movement will be long-lasting.
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Unicorn Riot, 2024. All media, unless otherwise noted, is licensed Creative Commons NonCommercial ShareAlike Attribution.

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