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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. 31, No. 3, Summer

Against the Odds
COMMENTARYOne for the record books? A large court award in a public records or open meeting case is a rare event worth noting.The Northern Lights visible in the southern United States, the birth of an albino alligator, a large monetary award in an open...
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A New Corporate Threat
Why bother subpoenaing reporters? Deep pockets and legal responsibilities make media companies vulnerable to court battles.In March, U.S. District Judge Reggie Walton issued an order advising Dr. Steven Hatfill that proceeding with his Privacy Act lawsuit...
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A Tale of Two Countries
GUEST COMMENTARYA change in attitude among public officials can erode access.Here are two stories from two different countries. The first occurred in the summer of 1979. I was a reporter with The Washington Post working with a partner on an investigative...
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Blacking out the Blotter
A policy being considered by the American Bar Association would curtail journalists' access to arrest and criminal records.Attorney Sharon Dietrich spends her days working with people who have criminal convictions, or even just arrest records, who are...
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Cheney and Secrecy
For the last 37 years, the Reporters Committee has diligently worked to educate the press and public about the perils of excessive government secrecy. We frequently get requests from reporters working on government secrecy stories for examples of officials...
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Confusion in the Courts
For journalists seeking records, judicial rulings on privatization can leave more questions than answers.In Ohio, a corporation that solicits donations for a university is subject to the state public records law. So is a nonprofit association that leases...
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From the Hotline
The Reporters Committee operates a toll-free hotline for journalists with questions about free press and freedom of information issues. In this column, our attorneys discuss the latest hot-topic questions.Note: The attorneys' answers are not meant to...
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Lurking in the Shadows
For journalists used to looking out for libel, false light claims can be an unexpected - and costly - surprise.In a disappointing ruling for journalists, the Ohio Supreme Court recently moved in line with the majority of state courts and allowed false...
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Messages or Meetings?
Open meeting laws may apply to officials who communicate through instant messages.As advances in technology change the way people communicate and do business, states are grappling with the issues of how e-mailing and instant messaging fit into state...
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Misguided Fears?
The current debate over personal information in public records ignores the real causes of identity theft, experts say.In April, a federal task force studying identity theft released a plan aimed at slowing the problems caused by identity theft. As part...
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"Open & Shut"
A recent collection of funny, fascinating, nonsensical or just notable newsworthy quotations"I'll, like, listen... internalize, play like I'm going to answer the question, and then smile at you and just say, gosh - thanks, thanks for such a solid, sound...
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Open to Those in the Know
The media has a right to attend military court proceedings, but finding out when the hearings are is difficult without a docket.If a court-martial is open to the public but no one outside the military knows when or where it is happening, does it violate...
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Photos Unavailable
Some of the recent clashes between police and journalists involve photographers arrested while covering the news.The list of reporters being arrested both on and off duty continues to grow.Freelance reporters, photographers and publishers have faced...
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Privatization V. the Public's Right to Know
From driving school buses to training Iraqi police, the private sector is increasingly responsible for the duties once held by the government.But as those responsibilities leave the government's hands, is the public's right of access going along with...
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Public Records, Private Control
Government bodies that contract out their record-keeping can add a whole new layer of difficulty to gaining access.With only 16 full-time employees and a population of about 3,400, the tiny village of Thiensville, Wis., has to contract with private companies...
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Q&A on the Free Flow of Information Act
The Reporters Committee for Freedom of the Press has been involved in the movement to enact a federal shield law. Here, Lucy Dalglish, the Reporters Committee's executive director, answers questions about the proposed law:Q: Do you think the Free Flow...
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Reigniting the Debate
A familiar bill is the subject of new talks in Congress, as the House Judiciary Committee passes a shield bill for the first time.For what may be the first time ever, a reporter's shield bill - the Free Flow of Information Act of 2007 - has been sent...
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Shrouding a Shooter's Past
Federal privacy laws that govern the release of information about the Virginia Tech killer have proven problematic for reporters.Since Seung-Hui Cho's deadly rampage at Virginia Polytechnic Institute and State University, reporters covering the shootings...
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The Other Side of the Bench
Two recent cases show that concerns about judicial influence can mar the court proceedings when judges sue the media for libel.Judges in two recent cases have successfully sued newspapers for libel, reaping multimillion-dollar windfalls. However, one...
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The Privacy Crackdown
As fears of identity theft grow, personal information becomes increasingly off-limits to the journalists who need it.In the summer of 2004, the governor of New Hampshire signed a bill making financial affidavits filed with the court in divorce cases...
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When Libel Goes Online
Well, I never thought it could happen, but I'm being sued for libel. All because of that post I wrote two days ago. Because I never expected anything like this, I might have to shut down my blog. This is what I've learned from this: Though defamation...
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