ch. 8 Newsgathering

Question 1

LeMistral v CBS

Answer 1

Patronizing a restaurant does not carry with it an obligation to appear on tv

Question 2

Florida publishing v Fletcher

Answer 2

• published photos of fire that killed 17 year old girl without mother’s consent
• customary for members of media to enter residence w/ invitation from law enforcement if subject is of public importance

Question 3

Miller v NBC

Answer 3

• tv crew videotaped paramedics in heart attack victim’s home
• The FA is not a license to trespass, steal or intrude

Question 4

Wilson v Layne

Answer 4

• involved the search of a private home

- inviting reporters for the execution of a search warrant violates the fourth amendment

Question 5

Galella v Onassis

Answer 5

• photographers stalked former first last Jackie Kennedy Onassis
• ambush and surveillance journalism is unconstitutional

Question 6

Wofson v Lewis

Answer 6

• inside edition stalked and harassed executive’s family

- clear indication of concern about illegal Newsgathering tactics and the breaching of ethical standards

Question 7

Cal. Civ code 1708.8

Answer 7

-Established liability for trespass w/ the intent to capture any kind of visual image or sound recording

Question 8

Food lion v ABC

Answer 8

-chilling effect on that type of investigative Newsgathering

Question 9

Covert recordings

Answer 9

• Secret recordings
• one party states: only one person has to consent to recording
• two party: all parties must consent

Question 10

Deteresa v OJ Simpson

Answer 10

• flight attendant told reporter about OJ Simpson’s behavior on a flight but did not consent to broadcast
• court ruled using california law’s “confidential communication” clause
• flight attendant could not have reasonably expected the conversation to be confidential

Question 11

Pool reporting

Answer 11

• Used in panama & gulf war

- chosen reporters would represent all media and share their info and video with the rest of the media upon return

Question 12

embedded journalists

Answer 12

• gave reporters most direct war coverage
• concerns over whether journalists could maintain their independence from relationships w/ troops and report objectively

Question 13

Privacy act (1974)

Answer 13

-Gov. can’t disclose files about individuals without consent

Question 14

Family Educational Rights & Privacy Act (FERPA)

Answer 14

-education records confidential

Question 15

HIPPA

Answer 15

-medical records confidential

Question 16

Driver’s Privacy Protection Act

Answer 16

-driver information confidential

Question 17

Video Voyeurism Prevention Act

Answer 17

-recording sexual acts without consent is illegal

Question 18

Justification of Open Government Laws

Answer 18

Absent of information, the electorate is blind

Question 19

FOIA

Answer 19

• Freedom of information act
• intended to permit anyone access to records held by federal executive branch agencies
• disclosure, not secrecy is key

Question 20

FOIA exemptions

Answer 20

1. national security
2. internal agency procedures
3. disclosures forbidden by law
4. trade secrets
5. agency memoranda
6. personal privacy
7. law enforcement records

Question 21

Government in the sunshine act

Answer 21

50 or so federal agencies must conduct business in public and give public notice of their meetings

Question 22

state-open meetings

Answer 22

open meeting laws trigger public access when decision-making bodies deliberate public business