TEST 3 Flashcards
The principle most recently covered in class that requires that laws are applied to
people generally, regardless of their status or occupation.
tresspass,harrasment, fraud & misenterpretation
News gathering rights and to what extent?
Yes but The news media right to gather information is no greater or no less than that given to any member of the public.
what are ride-alongs
Which constitutional rights are in conflict in these areas?
when news organizations are contacted and permission is sought so that someone can ride along while on patrol/ their shift
4 amd. Unreasonable search
How states regulate the recording of “wire” (e.g., phone) conversations
“Wire” communication
Telephones ( landlines)
Cellphones
Voice over internet
Zoom skype google talk ichat
Recording conversations
Unconcealed recording
Covert recording
-State laws
- 37 states ( incliuding AZ) and DC have one party laws
- If one person knows about the conversation being recorded then it is okay!
- 12 states have “all-party” laws
- Vermont has no law
- Interstate phone calls
- federal law: one-party consent
- FCC: ALL party consent
- general consensus: one- party consent is adequate
Federal law
Electronic communications privacy Act ( ECPA)
Wiretapping laws
cases with recording and braidcasting it
Bartnicki vs Vopper (2001)
A person illegally intercepted a call between a school board and legislator. That recording was found and broadcasted by a third party member.
The court agreed that the first amend. covers the third party rights of publishing the illegal recording.
How can freedom of info act be used
Available to everyone ( not just journalists)
A federal act
Applies to “records” not information ( applies to things on record)
Applies to most federal agencies
Requires that those federal agencencies publish a description of its organization and how records may be requested
Requires that all records be segregated so that an entire record»»
Number of number of exemptions and how they are supposed to be enforced
National security
Internal Agency rules “house keeping materials”- how the government operates
Statutory Exemptions- certain kinds of info can’t be released
Trade secrets - to protect business and their procedures
Agency memoranda
Personal privacy - wanted the cockpit recording of the challenger, NASA denied their request.
New york times v NASA
Law enforcement
Financial goals
Geological data
the Detroit Free Press v. U.S. Dept. of Justice case
9 to 7 ruling reversed a 20 year old precedent ( disclosure of criminal suspect mugshots)
held the FOIA exemption 7c can justify the withholding of criminal suspect mugshot
protection for law inforcement info the disclosure of which could reasonably be exempted to constitutean unwarranted invasion of personal privacy.
Mugshots are not considered private they will be for the public but upon request.
New York Times vs Nasa
a New York Times reporter submitted a written FOIA request to NASA seeking “transcripts of all voice and data communications” recorded aboard the Challenger as well as “copies of the voice communications tapes.” NASA responded on August 1, 1986, with a transcript of the OPS 2 tape, but it denied the request for a copy of the tape itself, claiming exemption under § 552(b) (6) of FOIA.
the Lake v. City of Phoenix case and what it told us about metadata and public
records
Cuty of PHX was going to request lake the files but not the meta data, meta data is apart of the record.
Metadata is apart of public record and should be released with the files especially if electronic… the court agreed
Veilleux v. NBC case and what it told us about promises made by journalists
an hour-long news magazine program produced by NBC News, broadcast two reports concerning the long-distance trucking industry entitled “Keep on Truckin’” and “On the Road Again” (“the program” or “the report”). The program emphasized the pressures on long-distance truckers, the danger posed by truck-driver fatigue to others on the nation’s highways, and the disregard of federal “hours of service” and other regulations that govern the industry. It prominently featured Kennedy, a long-distance truck driver who, with his employer, Raymond Veilleux [“Ray”], allowed a Dateline crew to accompany and film Kennedy on a coast-to-coast run from California to Maine in September and October of 1994.
suedfor defamation based on content of prgram
Food lion case
The foof lion case was a 60 min interview investigation of journalists going undercover and just seeing how they handled their meat. Not only did they find alarming things it was true and factual. Meaning that there was no harm in braodcasting but food lion said it was against privacy and they are lying becuase they can edit this story a certain way.
laws discussed in class that, while protecting individual privacy, limit
newsgathering
Privacy Act- checks misuse of personal info obtained by federal government ( access to any records)
Family Educational Rights and Privacy Act (1974)
– forbids federally-funded institutions of education from
releasing educational records of students unless they (as
adults) or their parents provide consent
* Campus Security Act
– requires universities to compile and publish statistics on
campus crime each year
Health Insurance Portability and Accountability Act
(HIPAA) (1996)
* requires most doctors, hospitals and other health
care providers obtain a patient’s written consent
before using or disclosing the patient’s personal
health information
* Driving Records
– Driver’s Privacy Protection Act (1994)
* prohibits states from releasing information
obtained from driver’s license and vehicle
registration records without permission
Reporters privelege and subpoenas and the result of refusing to cooperate
There’s probable cause to believe that the journalist has information being sought.
There’s probable cause to believe that the journalist has information being sought.
Theres no other way to obtain the information being sought- one less destructive of first amendments rights
And there is a compelling and overriding interest in the information
Subpeonas usually requiring the recipient to appear at a certain
place, date, and time to testify as a witness about a
particular case
Judith miller
Decided not to disclose a source found a contempt of court by a federal judge, she went to prision for 85 days until they annonymous source finally agreed.
