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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. 34, No. 1, Winter

Barely Transparent
Obama administration only scratches surfaceI've never thought it was fun, or even very productive to file request after request after request for records under the federal Freedom of Information Act. I don't have the patience to wait month after month,...
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Citizens United Leaves Many Divided
COMMENTARYBut the controversial decision may be the right one for a free pressThe Supreme Court's decision in Citizens United v. Federal Election Contusion is one of the most controversial high court opinions in a long time, even prompting a special...
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Courts Say Government E-Mail Can Be 'Private'
Many states categorize e-mail based on content, not locationA judge e-mails a coal executive who has cases pending before the court. A government attorney sends his personal lawyer an e-mail from his Justice Department account. Members of a school board...
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Government Comissions Weigh Media's Options
Future of Media project asks organizations for inputAmongst the news organizations, journalism schools and media foundations engaged in back-and-forth dialogue about how to save the news industry, two government bodies - the Federal Trade Commission...
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High Court Hears Enron Executive's Appeal
Argues pervasive media coverage tainted jury at trialA high watermark for pervasive courthouse publicity was surely set during the 1954 murder trial of Dr. Sam Sheppard, when a panel of sequestered jurors gathered during a lunch break to pose for news...
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New Jersey Newspaper Appeals "Fair Report" Ruling
State high court to decide whether journalists citing court filings face liabilityThe New Jersey Supreme Court is poised to decide whether a 2008 libel ruling that considerably narrowed the protections afforded to journalists who report from court documents...
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New Office Opens to Mediate Federal Public Records Disputes
Needs more resources to succeed, experts sayUntil last fall, if the federal government denied a public records request, the only recourse to appeal the denial was through the courts.That changed when the Office of Government Information Services, created...
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Obama's Transparency Efforts Achieve Mixed Results
The most transparent administration yet, still not transparentTo open-government advocates, President Barack Obama's first day in the Oval Office seemed like a good start. He signed an executive order and two presidential memoranda that, among other...
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Pushing Back on Court Closure
Supreme Court clarifies the right to view jury selectionThe U.S. Supreme Court in January reaffirmed the public's right to access courtrooms by deciding that the right of criminal defendants to insist on public jury selections is well settled, even if...
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Secret Justice: Warrants and Wiretaps
Annie Le, a 24-year-old Yale University graduate student, disappeared from a campus laboratory on September 8, 2009. Her disappearance sparked intense national interest, with news organizations from across the country descending on New Haven to cover...
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Student Journalists Subpoenaed in Death Penalty Case
Medili Innocence Project students seek protection under shield lawOver the past decade, the work of Northwestern University journalism students has exonerated 11 wrongfully convicted defendants, appeared on die front page of The New York Times and The...
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Supreme Court Declines to Hear Right-of-Publicity Case
Lawsuit filed against Hustler by deceased model's mother can go forwardAfter Nancy Benoit and her young son were killed by her WWE wresder husband Chris Benoit, Hustler magazine purchased decades-old nude photographs of the model and female wrestler...
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Supreme Court Halts Plan to Broadcast Prop. 8 Trial
Justices avoid larger question of cameras in courtroomsThe YouTube video opens with a federal judge sitting high on the bench with the grand, golden seal of the U.S. District Court for the Northern District of California mounted behind him. Seconds later,...
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Texas Open Meetings Act Faces Second Legal Challenge
Public officials, cities file second suit after first was dismissedWhen a federal appeals court in October dismissed a lawsuit brought by former Texas public officials challenging the state's open meetings act because the individuals were no longer in...
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Tracking Terrorism Trials
In civilian courtrooms, journalists know what to expectAs plans to try the architects of the Sept. 11 attacks in a federal courtroom in downtown Manhattan crumbled under rhe weight of expensive security estimates and intensifying political opposition,...
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