Chapter 8 newsgathering Flashcards
What are the exemptions?
1) National Security
2) Internal Agency Rules & Procedures
3) Statutory Exemptions
4) Trade Secrets
5) Agency Memos
6) Personal Privacy
7) Law Enforcement records
8) Financial Records
9) Geological information
What is the Freedom of Info Act
Requires records held by federal govt agencies (Exec branch) to be made available to the public, provided that the info sought doesn’t fall within 1 of 9 exemptions.
What is the case U.S Justice Dept v Reporters Committee
Freedom of info act is to keep an eye for what the govt is doing
What is trespass?
Going onto the property of another without permission. Violation of 4th Amendment
What is the landmark case Wilson v Layne?
Search of a private home. Changed where journalists can go with law enforcement.
What is harassment?
Tortious news gathering.
What is the landmark case of fraud & misrepresentation?
Food Lion, Inc. v. Capital Cities, Inc
Privacy Protection Act
If any govt agency collects info about you, they can’t share that info with shy other agency or broadcast that info.
FERPA law- Family. Education. Rights & Privacy Act “Buckley Act”
A federal that protects the privacy of student education on records
HIPPA ACT. Health Insurance Portability & Accountability Act.
Protects the medical privacy of patients.
Drivers Privacy Protection Act
Prohibits states from releasing info obtained from drivers license & vehicle registration records without permission. The law allows disclosure under certain circumstances.
What did SCJ determine from the Branzvurg v Hayes case?
A right to to every man’s evidence.
The 4 dissenters Qualified Privilege Law
Does First Amendment give reporters this right of confidentiality/privilege ?
No. By a vote of 5/4.
Qualified Privilege Law
Journalist wouldn’t have to testify in court unless the govt. can prove these 3 things:
1) Probable cause-Journalists clearly relevant to a violation of law.
2) Info sought can’t be obtained by alternative means (any other way)
3) has to be a COMPELLING & OVERRIDING INTEREST in the information NOW.
Shield law would fall if 3 things proven
Shield law
State laws that protect journalists from being found in contempt of court for refusing to reveal sources
MN ONLY exception to the shield law is to Libel. Have to reveal sources!
Cohen v Cowles Media Co
You cannot break promises of confidentiality.
Promissory Estoppel
A legal doctrine requiring liability when a clear and unambiguous promise is made and is relied on and injury results from the breaking of the promise
Generally applicable law
A law that is enforced across the board within First Amend contexts. It is the idea that the freedom of the press clause doesn’t exempt journalist from obeying laws.
Zurcher v Stanford Daily- Landmark Case
Search warrants in news rooms is constitutional.
Impartial Juror
Anyone who will give the facts full and unbiased consideration and render a verdict solely on the basis of evidence presented in court
Estes v Texas
Having TV in a courtroom=unfair trial
What are the remedies of the court?
- Selecting the jury “voire dire”: to speak the truth
- For cause/just cause challenges- looking for reasons you’re not suitable as a juror.
- Preemptory Challenges- “strikes” 12-14 in criminal cases
- Impaneled: people that then become the jury
What is sequestration?
Sequestering the jury. The isolation of jurors to avoid prejudice from publicity?
What is admonitions?
Judges instructions to jurors warning them to avoid potentially prejudicial communications
When is there a retrial?
If the jury or the judicial process has been contaminated by media coverage
Bench-Bar-Press-Guidelines/Free Press-Fair Trial Guidelines
Media coverage should not include any of the following:
-the existence of a confession
-the content of a confession
-statements or opinions of guilt or innocence
-the results of lab tests
-Statements or opinions on witness credibility, or evidence credibility, or the investigative process or personnel
AND
-other info or statements reasonably likely to affect the truth
