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.
the Branzburg test ( underlined)
Branzburg v Hayes (1972)
Grand jury , a body of citizens whose duties consist of determining if a crime was committed, whether an indictment should be issued
It is an accusatory body, and does not determine guilt
Possible guilt would be determined by a trial court.
White’s opinion
Grand juries are entitled to “ every man’s evidence” Journalist are not exempted.
Powell’s “ concurrence”
Limited nature of ruling
Refusing to provide information might be permitted when:
The info is not relevant to an investigation or the info fails to serve to “legitimate need of law enforcement ”
Stewart dissenting
“ The court’s crabbed view of the first amendment reflects a disturbing insensitivity to the critical role of an independent press in our society.”
ruled that freedom of press did not create a constitutional privilege protecting reporters from having to testify in grand jury proceedings about the identity of news sources or information received in confidence.
How courts decided what a journalist was
Reporter’s privilege lost if :
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
ollects/gathers information in the form of text, audio, or pictures, processes it into a news-worthy form, and disseminates it to the public
shield laws
State laws
Therefore, apply only to state court situations
Protects reporters by protecting source identity
Help uphold reporters privilege
40 states and DC have one
First one passed by marylan in 1896
Most recent:KS and WI
Pa. S. CT (2008): shield laws provide absolute protection even in grand jury situations.
Federal shield law
Free Flow of INformatoion ACt ( 2013)
Passed by the US Senate committee
Supporters : best step yet towards extending first amendment freedoms into the news gathering process
Critics : national security exemptions wil render law meaningless
And what about the definition of “ journalist?”
Im convinced that the last thing jounralust need is for ponderous and reactive government to codify in law for decades !!!!
Arizona shield law
Arizona Shield law
Matera v superior court ( 1992)
Book authors not privileged
Not engaged in the regular reporting of recent events
Court: law applies only to those who gather and disseminate news on a regular basis.
MAtera: The courts completely trampled the rights of long-form journalists by ruling that attorney can snatch up manuscripts word by word right out of an author!!!!!!!
the ways in which reporter’s privilege can be implemented/protected
o in what states reporter’s privilege is protected in some way
Every state exept wyoming
Arizona Subpeona law
Arizona Media Subpoena law
Requires that subpoena to any news gatherer include and affidavit that states:
Every item being sought
All other available sources have been tried.
The identity of thse other sources
Why the info sought is relevant to the case
The info sought is not protected by any lawful privilege
That the subpoena is not intended to interfere with the gathering writing editing publishing broadcasting and dissempting of news to the public as protected by the first amendment constitution of US
Serves as significant obstael
Reduces first numbers of the ___
how search warrants differ from subpeona
Subpoena
Search warrant
Zurcher v Stanford Daily (1978)
thirdparty radio publishing of call
court : Not a first amendment issue, fourth amendment issue
Privaxy protection act (1980)
Limits the scope of zucker in two areas
Work products ( notes, drafts
Accessible if probable cause to believe seizure will prevent death or harm
Documentary material ( tapes, computer disks)
Accessible if reason to believe that materials would be altered or destroyed in notice given
Materials that were sought were not produced in response to subpoena , all other remedies were exhausted and there is a reason to believe further delay would threaten justice.
a subpoena compels action by an individual or entity. a warrant authorizes action by a legal authority.
whether search warrants can be executed on newsrooms
the Court ruled that surprise searches of newsrooms are consti- tutional as long as the police have a valid warrant.
the privacy protection act
prohibits law enforcement officials from searching for or seizing information from people who disseminate information to the public, such as reporters
the Cohen v. Cowles Media Co. case
Cohen v Cowles Media Group (1991)
“Promissory estoppel”
General applicability
“Generally applicable laws don’t offend the first amendment just because either enforcement against press ability to gather and report news “
Dan Cohen ( plaintiff) Elliot rotenberg ( Cohen attorney)
Conflict with Miami Herald v tornillo?
Voluntary vs governmental coercion
Self imposed v mandated by state
Unlike Herald case where a florida law required publishing certain information
The MN newspapers werent forced to do anything by law
They voluntarily entered into confidently agreement
Then breaking …
IMPACT
Newsroom ( increased freedom of speech?)
Cohen used as evidence that word must be kept
Editor: offer a process not a result
Media lawyers
The grand daddy of cases in their area
In the newsroom at earlier stages than pre-choen
what constitutional right is in conflict with the First Amendment
sixth amendment
impartial juror
Impartial Juror
Not someone whole is ignorant of the case
Has no fixed opinion
Someone who can:
Give full and unbiased consideration to the evidence presented in court
Render a verdict based soley on the bassis of the evidence ppresented in court
Does publicity bias jurors?
the “traditional judicial remedies
Traditional Judicial Remedies
Voir dire ( jury selection)
Challenge for cause- the lawyer has a specific reason for thinking that a juror would not be able to be impartial
Peremptory challenge- he right of the plaintiff and the defendant in a jury trial to have a juror dismissed before trial without stating a reason
Change of venue-change the location of trial
Change of venire- import the jurors (dont change the location change the people)
Continuance- synonym for postpone, delaying the start of trial
Admonition- direction, warning or advice from a judge
sequestration - isolate them while the trial is underway
UNDERLINED
the Nebraska press association test
Restrictive ( gag ) order in constitutional only if:
Its certain there will be intense and persuasive publicity about the case
No alternative measure might mitigate the effects of pre trial publicity
The gag order would work, to often gag orders don’t work
The order is narrowly tailored, the court wants any gag order issue to be as precisely targeted as possible.
Result: issuance of gag orders decrease ( for the press and good thing )
result of the Nebraska press association test
issuance of gag orders decrease ( for the press and good thing )
whether courtrooms are open to the news media, including whether they
permit the use of cameras
ALL STATES NOW ALLOW CAMERAS IN THEIR COURTROOMS IN AT LEAST SOME CIRCUMSTANCES
Federal courts
Cameras are not allowed in federal court rooms
Digital video pilot project 2011- 2015
Allowed some civil trials to be recorded but the discretion of each cases judge and parties
US SUPREME COURT? NEVER
1st and 6th amend were put to trial
