Chapter 9: Gathering Information Flashcards
What are the three sources of law that grant journalists a right of access to information?
1) Common Law
2) Constitutional Law
3) Statutory Law
What did the Court find in Pell v. Procunier (1974)?
- The Court found that there is no special right for reporters to access inmates at a prison.
What did the Court find in Saxbe v. Washington Post (1974)?
- Again the Court found that there is no special right for reporters to access inmates at a prison.
- Being a reporter carries with it no special privileges.
Define Trespass.
- An intentional, unauthorized entry onto land is is occupied or possessed by another person or entity.
Define Harassment.
- Unreasonable hounding, surveilling, and following a person in news gathering. Just don’t overdo it mate.
Define fraud.
- A knowingly false statement of a material or significant fact that is communicated with the intent to induce the plaintiff to rely on that statement and that does, induce the plaintiff to reasonably rely on it to the plaintiff’s harm or injury.
What did the Court hold in Food Lion Inc. v. Capital Cities (1999)?
- Journalists are liable for fraud.
- But the award was like $2.
What is Misrepresentation?
- It’s essentially fraud, but involves making promises to a source that are inaccurate.
- Journalists can be held liable.
Define Failure to Obey Lawful Orders.
- Reporters must respect the orders of fire and police officers at the scenes of incidents.
- The only exception is the recording of officers.
What are the nine exemptions to disclosure under the Freedom of Information Act?
1`) National Security Matters
2) Housekeeping Materials
3) Material Exempted by Statute
4) Trade Secrets
5) Working Papers/Privileged Lawyer-Client Materials
6) Personal Privacy Files
7) Law Enforcement Records
8) Financial Institution Materials
9) Geological Data
