Chapter 9 Flashcards
What three main sources of law do journalists rely on when seeking access to information?
- Common Law
- Constitutional Law
- Statutory Law
Common Law
Provides limited access to government documents and public meetings
Constitutional Law
The First Amendment offers some protection but does not guarantee regulated access to records
Statutory Law
State and federal laws, such as the Freedom of Information Act (FOIA) regulate access to records
The First Amendment protects freedom of the press, but courts do not recognize _______
an unlimited right for journalists to gather information
United States v. Nixon (1974)
Reinforced that even the President is not above the law when it comes to disclosing information in criminal trials
Court rulings limit journalist access to ______
prisons, government meetings, and executions
Journalists _______ have a special right to interview government officials
Do not
Officials cannot _____________ unless they apply neutral criteria
deny press access selectively
Public trials and executions
Courts recognize a limited First Amendment right to attend executions, but states vary in access rules
What are 4 things that the court does not provide special exemptions for?
- Trespassing - Reporters must obtain permission to enter private property
- Harassment - Persistent following or stalking can lead to lawsuits
- Fraud - Journalists cannot lie to gain access to information
- Disobeying Orders - Reporters must follow police and emergency orders at crime or disaster scenes.
Baltimore Sun co. v. Ehrlich (2005)
Government officials do not have to speak to specific journalists
Food Lion, Inc. v. Capital Cities/ABC, Inc. (1999)
Reporters used hidden cameras while working at a grocery store; ABC was found guilty of trespass but not fraud
Milner v. Department of the Navy (2011)
Limited the government’s ability to withhold documents under FOIA Exemption 2
One-party consent states
Only one person in a conversation must consent to recording
All-party consent states
Everyone in a conversation must give permission
More than ___% of assaults on journalists at protests are by _________
85%; law enforcement
4 Tips for Journalists Covering Protests
- Clearly identify yourself
- Work in pairs for safety
- Carry essential safety equipment
- Follow police dispersal orders to avoid arrest
Freedom of Information Act (FOIA)
- Enacted to increase transparency in government
- allows any citizen to request federal records
Criticisms of FOIA
- Long delays in processing
- Agencies heavily redact or withhold records
- No obligation for agencies to create new records or explain information
Electronic FOIA (e-FOIA)
Requires agencies to prioritize urgent requests and provide online document access
OPEN Government Act (2007)
Improved tracking of requests and increased agency accountability
FOIA Improvement Act (2016)
Established a presumption of openness, limiting government ability to withhold records
National Security
Classified documents
Internal Personnel Rules
Day-to-day agency operations
Statutory Exemptions
Law prohibiting disclosure
Trade Secrets
Protects private business information
Working papers
Internal government discussions
Personal Privacy
Employees and medical records
Law Enforcement
Records that could:
- Interfere with investigations
- Violate privacy
- Endanger individuals
Financial Records
Bank and financial institution data
Geological Data
Oil and gas well maps
Government in Sunshine Act (1976)
Requires open federal meetings with some exceptions
State open-meetings laws
All states have laws requiring certain government meetings to be public
State open-records laws
Vary by state but generally allow public access to government reocrds
FERPA
Family Educational Rights and Privacy Act - Restricts access to student records
HIPAA
Health Insurance Portability and Accountability Act - Protects medical records from disclosure
The Privacy Act (1974)
Limits how the federal government collects and shares personal data
** (News gathering) United States v. Nixion
Presidents cannot use executive privilege to withhold evidence in criminal trials
(News gathering) Baltimore Sun Co. v. Ehrlich
Government officials do not have to grant interviews
(News gathering) Food Lion, Inc. v. Captial Cities/ABC, Inc.
Journalists cannot lie to gain access to private property
(News gathering) Milner v. Department of the Navy
Limited FOIA Exemption 2, increasing public access to documents
Shield Laws
State laws that protect journalists from being forced to reveal sources
National Security Exemption
Allows government to withhold records related to defense and foreign policy
Harassment
Excessive or intrusive behavior by journalists that could result in lawsuits
One-party vs. All-party Consent
Laws governing whether conversations can be recorded secretly
