California court protects journalist’s reporting on sealed arrest record in Substack case
The court also recognized Poulson’s recurring online newsletter as a qualifying news publication
A California appeals court has upheld the dismissal of a lawsuit against journalist Jack Poulson and Substack, finding that the First Amendment protected reporting based on a sealed arrest report that police had released without restriction.
The Sept. 29 decision by the 1st District Court of Appeal also affirmed an award of attorney fees to the defendants under California’s anti-SLAPP law, which allows early dismissal of lawsuits targeting protected speech.
continued below
Former Premise Data CEO Maury Blackman sued Poulson, Substack and the research organization Tech Inquiry over articles describing his December 2021 arrest on suspicion of felony domestic violence. No charges were pursued, and a court sealed the arrest records in February 2022.
Blackman contended that publishing the report violated his privacy and California restrictions on disseminating sealed records. His 15-count complaint included defamation, negligence and interference with business relationships and claimed financial losses and stigmatization.
Despite the sealing order, San Francisco police released the report to an attorney through a public records portal. A confidential source subsequently sent it to Poulson, who said he did not know it was sealed. Police confirmed pertinent details without mentioning the sealing order.
The court found that Poulson lawfully obtained the report and that his truthful reporting concerned matters of public significance, including the conduct of a business leader whose company held government contracts and who held a security clearance.
The ruling reinforces protections for California journalists reporting truthful, publicly significant information that government agencies release, even when confidentiality restrictions should have prevented disclosure. The court also recognized Poulson’s recurring online newsletter as a qualifying news publication under statutes exempting journalists from certain restrictions on receiving criminal records.
Separately, the court found Substack and Tech Inquiry protected by Section 230 because they served as neutral conduits for Poulson’s content.
The decision did not unseal Blackman’s records or invalidate California’s sealing statute. Its protection rested on the circumstances of the government’s disclosure and Poulson’s lawful acquisition and publication.
Source: Attached ruling. 2026-a173244 publication and filing date. courts.ca.gov
