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First Amendment
Freedom of religion,Freedom of speech, Freedom of the press, Freedom of assembly, freedom of petition.
libel
accusing someone of a crime damaging a person in his or her public office, profession, or occupation accusing a person of serious immortality accusing someone of having a loathsome disease
libel defenses
truth privilege fiar comment and criticism
privilege (absolute & qualified)
absolute:legislators can say anything when acting in their official capacities qualified:reporters can report what public officials say
Actual Malice Test
to prove libel NYT v. Sullivan public figures, public officials
negligence test
use the same care in gathering facts & writing your story as any reasonable reporter would under the same circumstances
invasion of privacy
trespassing portray a person in "false light" disclosure of private affairs
Defense against invasion of privacy
consent newsworthyness
shield laws
protection against testifying to protect confidentiality
access to courts
public & press have 1st amendment right to attend criminal trials unless justices decide "overriding interest"
Copyright
protected from the moment they are tangible life of the author + 70 years works for hire, anonymous & pseudonymous works protected 95 years from publication or 100 from creation fair use
Closed to Public When...
discussing legal proceedings leasing or purchasing real estate hiring, firing employees school board situations
appropriation
can use a person's name or likeness in a news story have to get permission if using it for other purposes or commercial purposes
graduated access
may be public, but not necessarily full access
access rule
if public has access, the news media has access--no special rights!
crime scene
don't pass tape, but you can take pictures outside the tape
cameras in the courtroom
usually agreement w/ judge
FOIA
Freedom of Information Act
How soon must gov't body provide copies of public records?
ASAP but no later than the end of the 3rd business day
Sunshine Laws
applies to all public body records must be written & w/ custodian limits how much they can charge for copying & research cannot destroy records after you receive request don't have to create new records

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