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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. 24, No. 2, Spring

Accident Trial Records Secret Unless Filed in Court
A fatal construction accident sparked an unusual, and ultimately unsuccessful, battle in which a newspaper attempted to gain access under the state open records laws to documents prepared as part of a civil lawsuit. The state Supreme Court, however,...
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Appeals Court Upholds Win in 'Mad Cow' Lawsuit
FIFTH CIRCUIT The U.S. Court of Appeals in New Orleans (5th Cir.) ruled in February that Oprah Winfrey and her guest Howard Lyman did not knowingly and falsely depict American beef as unsafe. The court upheld the partial dismissal of the claims brought...
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Camera Access Advances in Oklahoma, New York
ROUNDUP News organizations in Oklahoma will be able to broadcast the Oklahoma City bombing pre-trial hearings, while the governor of New York wants to lift the state ban on cameras in the courtroom after the successful coverage of the Amadou Diallo trial....
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"Can We Tape?"
A Practical Guide to Taping Phone Calls and In-Person Conversations in the 50 States and D.C. Introduction At first, the question of whether or not to tape record a phone call seems like a matter of personal preference. Some journalists see taping as...
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CFTC Backs off Rule That Would Require Registration of Newsletter Publishers
D.C. CIRCUIT The Commodity Futures Trading Commission has changed its rules to exempt newsletter publishers, software developers and Internet website operators from its registration and licensing requirements. The commission dropped an appeal of a federal...
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Challenges to Gag Orders End in Mixed Results
Litigants have had mixed results in fighting recent gag orders against trial participants, winning an important decision in a Florida federal district court while having less success in federal panels in the Fifth Circuit and a state court in Florida....
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City Can Sue Requestor to Determine If Records Are Public
The state Supreme Court rated that an internal memorandum outlining the reasons why a city should fire its finance director was a public record under the Public Information Act, but it split on the reason why. In apparent contradiction to the plain language...
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Civil Court Access Standards Strong despite High Court Inaction
ANALYSIS The decision by the U.S. Supreme Court to not review a state court decision limiting access to the civil courts was at the surface a blow to the media's ongoing efforts to solidify a First Amendment right of access. Nevertheless, the Court's...
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Comments about Fake T-Shirt Ad Did Not Harm Reputation
SECOND CIRCUIT A magazine that used photographs of a young model to illustrate a discussion about teen drinking and sex did not violate the model's privacy rights under New York law, the state's high court ruled in mid-February. The court's decision...
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Database on Columbus Children Tells 'Nothing about Government'
OHIO The names and addresses of children who participate in a city recreation program are not public information under the open records law, the state Supreme Court ruled in mid-April. And even if the information were public, the court said, releasing...
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'Dateline' Can Be Liable for Specific Misrepresentation
FIRST CIRCUIT Producers of "Dateline NBC" can be liable for misrepresentation when they make specific promises concerning events within their control, such as whether a certain advocacy group will be included in a story, but not for more general claims,...
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Disciplinary Records Are 'Educational' and Must Be Secret
OHIO Student disciplinary records are "education records" and therefore are no longer publicly available in Ohio, a federal judge ruled in March. The decision directly contradicts a 1997 ruling of the Ohio Supreme Court that "nonacademic" records cannot...
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Discussion of Source Can Lead to Waiver of Privilege
ANALYSIS Journalists seeking to protect the identities of their confidential sources need to know about the possibilities of inadvertently waiving their privilege. Journalists are eyewitnesses to history. Because of their proximity to news events and...
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First Amendment Defense Disallowed in Porn Case
A journalist who pleaded guilty to receiving and transmitting child pornography was properly denied the opportunity to argue before a jury that his actions were protected by the First Amendment, the U.S. Court of Appeals in Richmond (4th Cir.) held on...
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Journalists Face Subpoenas, Contempt Charges
Journalists continue to face demands for newsgathering material and news sources, as several unusual incidents in recent months show. A California editor was jailed for five days for refusing to name his source, subpoenas for five years of materials...
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Judges Decide to Release Financial Disclosure Forms to News Service
WASHINGTON, D.C. Reversing a decision made by its Committee on Financial Disclosure, the U.S. Judicial Conference voted 16-8 on March 14, 2000, to release financial disclosure forms for all members of the federal judiciary to APBnews.com, a webbased...
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Legal Bills Not Exempt from Public Disclosure
A city's legal bil Is are public records not covered by attorney-client privilege, a unanimous state Supreme Court ruled in late January. Fighting a request from a Kansas City Star reporter, the city of Overland Park had claimed that the disclosure of...
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Legislative Update
The Reporters Committee reports each spring on legislative proposals considered by the U.S. Congress that would affect the Freedom of Information and First Amendment rights of the news media. The report, which is by no means comprehensive, highlights...
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'Microbroadcasting' Continues to Generate Controversy
ROUNDUP Low-power radio stations continue to generate controversy. While those "pirate" broadcasters who have gone to court to argue their right to broadcast have been turned away, the Federal Communications Commission has developed plans to license...
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Names Released after Secret Mediation
D.C. CIRCUIT The names and addresses of most of the 24,000 people who commented on a Fish & Wildlife Service grizzly bear reintroduction plan will be released after the agency's appeal of a judge's order was settled through confidential mediation...
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Photo Used to Illustrate Story Does Not Violate Privacy Rights
SECOND CIRCUIT A magazine that used photographs of a young model to illustrate a discussion about teen drinking and sex did not violate the model's privacy rights under New York law, the state's high court ruled in mid-February. The court's decision...
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Public Broadcaster Not Required to Accept Klan Sponsorship
EIGHTH CIRCUIT Underwriting announcements aired on public broadcast stations are part of the broadcaster's speech and within its editorial discretion, and are not independent speech that creates a "public forum" for those underwriters, according to the...
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Reporters Arrested Covering Violence in D.C., Miami, War in Chechnya
Reporters faced arrest and even assault charges while covering recent protests in Miami and Washington, D.C., while another reporter was arrested in Arkansas in a dispute over public records. A reporter for an American government news service was arrested...
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School Can't Sue to Keep Superintendent's Settlement Secret
Usually an agency with an open records request grants it or denies it. But a Washington state school district followed a different course. Keeping copies of many records only in its attorneys' offices, it filed for an injunction against the requesters...
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The News Media Must Keep Fighting the 'Gag Instinct'
It started as a straightforward call to the Reporters Committee from a Lubbock, Texas, newspaper reporter for comment for a story: Was it unusual that a federal judge routinely issued gag orders in nearly every case that came before him - a total of...
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