SDNY COURTHOUSE, March 31 – The United States versus Live Nation trial began on March 2 with jury selection, before U.S. District Court for the Southern District of New York Judge Arun Subramanian. Then after a week of testimony it went on pause, and the DOJ and now several states settlement with Live Nation.
Late on March 19, Inner City Press published TicketMonster in Court, here
On March 27, amid massive sealing in the SDNY trial, Inner City Press files freedom of information / open records requests with US DOJ and states.
On March 30, the Tennessee Attorney General's Office replied that "We have received your 26 requests. Please be aware that the TN public records act is applicable only to TN citizens, i.e., only citizens of TN have the right to inspect and receive copies of public records under the TN Public Records Act. TCA 10-7-503(a)(2)(A). It appears you are a NY, not a TN, citizen." TN citizens only?
This response was cc-ed to
Kaki Carrigan and Phil Buehler at the TN AG's office -
this while the Office's Hamilton Millwee has been
questioning for the states in SDNY. Online, musicials and
residents of Mississippi, among other states, expressed
wonder at the Tennessee AG's narrow view of its
responsibilities.
Later on March 30, Inner City
Press submitted an appeal:
Dear Records Appeals Officer, Ms. Carrigan and Mr. Buehler:
This letter constitutes a formal appeal of your March 30, 2026 denial of Inner City Press's public records request under the Tennessee Public Records Act, TCA § 10-7-505.
Your denial relies on TCA § 10-7-503(a)(2)(A)'s limitation of public records access to Tennessee citizens. Inner City Press respectfully submits that this restriction is unconstitutional as applied to a credentialed journalist and news organization seeking records in furtherance of coverage of a matter of significant national public interest.
First, the First Amendment's guarantee of press freedom and the right to gather information from government is not limited by state borders. The Sixth Circuit — the circuit in which Tennessee sits — has recognized that "the First Amendment right of access to criminal proceedings is grounded generally in a purpose of assuring freedom of communication on matters relating to the functioning of government." Indianapolis Star v. United States, 692 F.3d 424, 429 (6th Cir. 2012). The Sixth Circuit further adheres to "a policy of openness in judicial proceedings" and has held that the public and press have a First Amendment right to attend civil proceedings. Detroit Free Press v. Ashcroft, 303 F.3d 695 n.11 (6th Cir. 2002). These rights belong to "the press and public" — not merely to residents of a particular state.
Second, the Privileges and Immunities Clause of Article IV, Section 2 of the United States Constitution prohibits states from denying citizens of other states access to fundamental rights without a substantial justification closely related to a legitimate state interest. The right to gather information from government — particularly records relating to ongoing federal antitrust litigation of national significance — is a fundamental right that Tennessee may not deny on the basis of state citizenship without compelling justification. No such justification exists here.
Inner City Press notes that it successfully challenged a similar citizenship restriction in the District of Delaware, obtaining a favorable ruling at the district court level in Lee v. Miner. While the Third Circuit did not affirm on appeal, that case involved a different circuit and different constitutional record. The Sixth Circuit has not ruled on this question, and Inner City Press submits that the weight of First Amendment precedent — including the Sixth Circuit's own strong openness jurisprudence — supports access here...
Pursuant to TCA § 10-7-505, Inner City Press requests that this appeal be treated as a petition for review of the denial. Inner City Press further requests that the Office of Open Records Counsel be notified of this appeal pursuant to the TPRA's dispute resolution provisions.
Inner City Press reiterates its request for expedited treatment given the Tunney Act 60-day public comment period that will commence upon filing of the proposed Final Judgment in the above-captioned litigation, estimated within approximately two months.
Respectfully submitted, Matthew Russell Lee, Inner City Press
But the
Tennessee AG, Jonathan Skrmetti, doubled down in saying
no duty to review any appeal from a non-citizen, writing
to Inner City Press that
"The Office has received
your correspondence styled as an appeal of the March 30,
2026 response to your public records
request. Under the Tennessee
Public Records Act (TRPA), only Tennessee citizens have
a statutory right to access public records. See
TCA 10‑7‑503(a)(2)(A). The TPRA does not provide a
right of access to non‑Tennessee citizens, and the Act
does not contain an administrative appeal mechanism
applicable to non‑citizens. See TCA
10‑7‑505(a). Regarding your
First Amendment and Privileges and Immunities arguments,
the Constitution does not grant a general right to
access government records, which allows states to limit
certain services to their own citizens. In
Houchins v. KQED, Inc., 438 U.S. 1 (1978), the Supreme
Court found that the First Amendment does not guarantee
the public a right of access to government information
and that the press does not have a special right of
access beyond that of the general public.
Similarly, in U.S. v. Miami University, 294 F.3d 797
(2002), the court recognized the state’s authority to
regulate access to its records. Residency
requirements, as upheld in McBurney v. Young, 569 U.S.
221 (2013), are neutral and do not restrict speech or
burden any fundamental right. The Court found that
such requirements serve legitimate state interests,
including conserving resources and prioritizing services
for residents. This principle is further supported
by Civil Service Merit Bd. of City of Knoxville v.
Burson, 816 S.W.2d 725 (1991), which emphasizes
Tennessee’s interest in managing its resources
effectively."
We aim to have more on this issue - watch
this site.
Back on March 24-25, Live Nation filed two letters requesting sealing. Inner City Press filed opposition at 1:47 am, here. Midday on March 25 Judge Subramanian asked if anyone from Inner City Press was in the courtroom. Later, after live tweeting the jocular testimony of Mark Yovich of Ticketmaster, Inner City Press was ready to argue. Judge Subramanian said, Mr. Lee, I see you here, I have read your letter, we will address it." Watch this site.
More on X for Subscribers here
and Substack here
March 24 more on X for
Subscribers here
and Substack here
March 23 more on X for Subscribers here
and Substack here
March 20 more on X for Subscribers here
and Substack here.
March 19 more on that on X for Subscriber here
and Substack here
March 18 extra on "war room(s)" on X for
Subscribers here
and Substack here
On March 5, Judge
Subramanian granted Inner City Press first motion to
unseal, here
On March 6, Inner City
Press was in the courtroom at 8:30 am, and spoke to push
for further unsealing, including of demonstratives. See
new book, "TicketMonster: US v Live Nation 1," ebook,
audiobook and paperback here.
Back on March 4 Inner City Press did a vlog,
after filing to unseal, full letter
on DocumentCloud here
On March 5, granted.
More March 2 details, and the names, on X for Subscribers
here
and Substack here
The case is United States of America et al v. Live Nation Entertainment, Inc. et al., 24-cv-3973 (Subramanian)
