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JOURN 2100: MEDIA LAW
First Amendment
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Freedom of religion,Freedom of speech, Freedom of the press, Freedom of assembly, freedom of petition.
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libel
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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
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libel defenses
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truth
privilege
fiar comment and criticism
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privilege (absolute & qualified)
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absolute:legislators can say anything when acting in their official capacities
qualified:reporters can report what public officials say
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Actual Malice Test
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to prove libel
NYT v. Sullivan
public figures, public officials
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negligence test
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use the same care in gathering facts & writing your story as any reasonable reporter would under the same circumstances
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invasion of privacy
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trespassing
portray a person in "false light"
disclosure of private affairs
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Defense against invasion of privacy
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consent
newsworthyness
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shield laws
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protection against testifying to protect confidentiality
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access to courts
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public & press have 1st amendment right to attend criminal trials unless justices decide "overriding interest"
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Copyright
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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
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Closed to Public When...
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discussing legal proceedings
leasing or purchasing real estate
hiring, firing employees
school board situations
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appropriation
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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
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graduated access
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may be public, but not necessarily full access
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access rule
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if public has access, the news media has access--no special rights!
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crime scene
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don't pass tape, but you can take pictures outside the tape
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cameras in the courtroom
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usually agreement w/ judge
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FOIA |
Freedom of Information Act
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How soon must gov't body provide copies of public records?
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ASAP but no later than the end of the 3rd business day
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Sunshine Laws
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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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