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News Media and the Law

Quarterly magazine on all aspects of media law covering cases, laws and other events that may affect the how journalists report and cover the news.

Articles from Vol. 35, No. 3, Summer

Asked & Answered
In this column, the Reporters Committee attorneys discuss hot-topic questions related to recent issues in media law. Here are our answers.Note: The attorneys' answers are not meant to be relied upon as legal advice specific to any reader's situation....
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Drake Prosecution Shines a Light on the Classified Information Procedures Act
The U.S. Department of Justice last year charged Thomas Drake with 10 felonies related to the asserted leak of sensitive National Security Agency information to a reporter.He faced the possibility of decades in prison if convicted for the unlawful retention...
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Expanding Personal Privacy
Florida carves out another exemption to its open records law in the name of protecting privacy interests of family membersFlorida's reputation for having one of the best open records laws in the country has been seriously threatened by the recent passage...
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Getting Access to State Legislatures
Reporters talk about their experiences at the state capitolsThere are two broad types of laws that provide public access to state legislative information: those diat regulate access to legislative sessions and tiiose diat provide access to legislative...
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Howling Pig Case Resurfaces
Highlights continued issues with unlawful searches of journalistsThomas Mink never thought he'd become notorious for the project he came up with as a 24-year-old student who was riled up about conservative politics. But today, his lengthy court battle...
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Intelligent Design?
Law allows nation's spy agencies to effectively ignore many FOIA requestsThe National Archives and Records Administration in June officially released a complete, unredacted version of the Pentagon Papers, 40 years after they were partially leaked to...
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Judge Quashes Second Subpoena to New York Times Reporter in CIA Leaker Case
First win at grand jury and trial levels is a marked difference from prior high-profile battlesA New York Times investigative reporter will not have to reveal the identity of his confidential source when he testifies in die criminal trial of an alleged...
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Leaks to the Mainstream
The Wall Street Journal and Al jazeera recently launched online drop boxes, but how safe are they?The success WikiLeaks has had in acquiring leaked documents has resulted in traditional media entities launching their own document drop box websites.The...
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Legislators' Votes Are Not Protected Speech, Supreme Court Rules
Public officials do not engage in protected First Amendment speech when they vote on public matters, the U.S. Supreme Court declared in June. The Court's decision, which rejected a local politician's assertion that a state recusal law violated his free...
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Lessons from Wye River
New York Times reporter James Risen and his attorneys pulled a journalistic and legal coup in late July that many media law experts thought was nearly impossible: A federal judge quashed a criminal trial subpoena asking him to identify a confidential...
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Libel by Omission: Creating a False Impression with True Statements
The Fourth Circuit recently upheld a libel by omission claim, saying a TV broadcast may have produced a false implicationIn the summer of 2008, a West Virginia woman called a local television station to report that her four-year-old son had been sexually...
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Number of States with Shield Law Climbs to 40
In April, West Virginia became the 40th state, along with the District of Columbia, to provide a statute that shields journalists from subpoenas. The law took effect on June 10.In Hawaii, Gov. Neil Abercrombie signed on June 16 an extension of the state's...
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"Open & Shut"
A collection of notable quotations"A criminal trial subpoena is not a free pass for the government to rifle through a reporter's notebook."- U.S. District Judge Leonie Brinkema in a memorandum opinion dated July 29, 2011, quashing a trial subpoena of...
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Opinion Defense Remains a Strong Tool in Defeating Defamation Claims
Recent decisions consider context and protect non-verifiable statementsSeveral recent dismissals of defamation claims based on statements the courts found to be constitutionally protected opinion have reaffirmed the opinion defense as one of the most...
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Regulation of Violent Video Games Sales to Minors Violates First Amendment
Court rejects attempt to create "wholly new category of content-based regulation" of speechOn the final day of its term, the U.S. Supreme Court rejected an attempt to carve out another category of speech from First Amendment protection, striking down...
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SLAPP Stick: Fighting Frivolous Lawsuits against Journalists
A state-by-state guide to anti-SLAPP laws.This month would have marked the sixth year of Jeffrey Cameron, Andrea Cameron and Doug Bouge's cosdy and time-consuming legal batde - a legal battle that arose solely from their concern about a Palm Beach County,...
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Texas Journalist Represents Self in Bid to Open Proceedings in Terrorism Case
In spare time, reporter researches and writes several legal filingsWhen a U.S. District Court in Texas imposed a gag order in a case involving a Saudi citizen accused of trying to target the home of former President George W. Bush in a bomb attack, journalist...
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The Future of Government Leakers
The Obama White House has been aggressive in fighting the leaking of classified information, with five known prosecutions against alleged leakers.But the government has recently experienced setbacks in the high-profile prosecutions of Thomas Drake and...
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The Outsourcing of Federal FOIA Services
Some are concerned about lack of information on contract workersYour federal Freedom of Information Act request may not actually be processed by a government employee.With pressure for increased transparency from the Obama administration, many federal...
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Two Recent Cases Highlight Tension in Applying Shield Law to New Media
Will extending the reporter's privilege too far could weaken shield laws?Recent developments in New Jersey and Hawaii have sparked debate about who should qualify for the protections of state shield laws and the complications that emerge when trying...
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Under Seal: Secrets at the Supreme Court
An increasing number of cases filed under seal at the Supreme Court troubles media access advocatesIn 2009, the West Virginia Department of Health and Human Resources filed a child abuse and neglect petition against Carolyn Mallo and Alexander Doran....
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WikiLeaks and the Espionage Act of 1917
Can Congress make it a crime for journalists to publish classified information?The video starts silendy, with white text on a black screen providing context to its depiction of die killing of 12 people in an Iraqi suburb by the American military.The...
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