Media Law Test 3

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Terms in this set (...)

crime scene access
can be there, but can't interfere with law enforcement's ability to do their job. MEDIA ASSUMES THE RISK.
polling places access
open to the press.
government land
open to press unless it isn't safe or doesn't align with 2 pronged test
military sites
new social media rules. social media allowed on military sites except porn.
2 pronged test for quasi property access
1. was it traditionally open to the public?
2. does open-ness benefit the process?
quasi public land
land open to all but under private ownership.
1st amendment - press
doesn't guarantee the press a constitutional right of special access to info not available to the public generally.
private property access
no one, journalists included, may trespass. no matter how newsworthy *unless warrant or permission
ridealongs
journalists accompanying police to various scenes and provide media with material for stories. VIOLATES 4TH AMENDMENT
hanlon vs. berger
police brought CNN reporters along for a raid of the Berger's montana ranch (where they'd allegedly been taking wildlife illegally) in violation of federal law. CNN took photos. Bergers SUED.

1st time in court: cops had immunity, berbers lost.
2nd time in court: settled out of court but bergers won.

The problem: Having the CNN crew was for entertainment purposes NOT law enforcement.
wilson vs layne
police brought washington post reporters on a raid of a fugitive's home. the fugitive's dad was wrongly wrestled to ground. the couple sued and WON the case.

this case successfully ended ridealongs.
ag gag laws
state laws that forbid undercover documentation of farms / animal facilities without consent of owner in 6 states.

ie: photographer paragliding in kansas.
tortious newsgathering
wrong and unlawful reporting techniques. i.e. privacy invasions
food lion vs. ABC
undercover butchers case. ABC LOST. it's not illegal to get a job but they're liable for trespass since food lion was unaware of the story.
covert reporting
one party (37 states) or all party (12 states).
federal wiretap act
protects the privacy of phone calls and other oral communications that makes it illegal to intercept / record wired communication without permission.

NEED PRIOR CONSENT. disclosing info that wasn't consented is a federal crime.
electronic communications privacy act
extends the wiretap act. no unauthorized interceptions allowed. one party consent.

protects communications
1. while they're being made
2. are in transit
3. stored on computers
bartnicki vs. vopper
teachers union case.
ruled that first amendment allows media use of unauthorized recordings as long as the user did not make the recording
fcc rule
requires ALL PARTY consent for recording calls, notification to all parties or repeating beep.

all parties must be notified if convo will be recorded and broadcast or aired live.
foia - freedom of information act
records held by fed govt agencies to be made available to the public unless of 9 exempted categories
"disclosure not secrecy"

NISTAPLFG
NISTAPLFG (9 exemptions)
1. national security
2. internal agency rules
3. statutory exemptions
4. trade secrets
5. agency memos
6. personal information
7. law enforcement records
8. financial information
9. geological data
efoia
1966 amendment that applies the act to electronically stored info
government in the sunshine act
access to meetings of all federal agencies open to the public and media. one week notice. conducted openly. closed sessions permissible only for certain reasons.
denying records | PRIVACY ACT
people have the right to examine govt files ABOUT THEM
ferpa
student records - unless consent
hipaa
medical records
dppa (drivers privacy protection act)
drivers info prior to getting license
vppa
unauthorized photos of private parts
reporters privilege
reporters can keep a source's identity private but depends on conditions.
branzburg v. hynes
where reporters privilege originated.

supreme court rejected the concept that the first amendment privilege protects journalist from testifying.

evidence is crucial to justice.
branzburg test. you must reveal sources IF:
1. probable cause that info is relevant
2. lack of alternatives
3. compelling interest
contempt of court
gives judges broad, discretionary power to PUNISH willful disobedience of a ct. order, misconduct in court, interference with administration of justice.
shield laws
state laws that protect journalists from being found in contempt of court for refusing to reveal sources. mostly about subpoenas.
cohen vs. cowles
political campaigner went to journalists to tell secrets about opponent. SUED journalists when they released his name.

RULING: 1st amendment does not protect journalists from consequences of broken promises or verbal contracts.
promissory estoppel
verbal contract that you'll keep info confidential.
search warrants
must:
1. have valid reason
2. be reasonable
3. must be specific
zurcher v. stanford daily
search of newspaper. VERDICT: no rights violated, newsrooms entitled to no special treatment.
privacy protection act 1980
significantly limits use of search warrants against public comma's.

protects "work product" and "documentary materials."
fcc
independent US govt agency that regulates interstate/in'tl communications for RADIO TV WIRE SATELLITE + CABLE
radio act of 1927
regulates radio use. public interest over all. created FRC (fed radio commission).
what is broadcasting?
spectrum
red lion broadcasting inc vs fcc
station must offer free time on air to those attacked on air
section 315 of comm. act of 1934
equal opportunity for political candidates
zapple rule
a piece of the fairness doctrine. time allotted to political candidates must be equal.
children's tv act
commercial tv stations must provide programming for those 17 and under that meets their intellectual/social/emotional needs.

commercial limits.

programming requirements.
fcc vs. pacifica foundation
ruled as indecent not obscene. george carlin dirty words. DEFINED POWER OF FCC. certain times established for "family hour"
fairness doctrine
radio stations should broadcast various views about public issues. EXPIRED in 1987 bc violates 1st amendment.
turner broadcasting vs. fcc '94, '97
reinforced legality of must-carry.
don't violate channel broadcaster's 1st amendment right.
must carry
broadcasters must carry local broadcasting stations bc NEED TO KNOW. local stations protected by FCC.
net neutrality
all internet traffic to be created equal. ISP cannot charge content providers to speed up delivery, etc.
pros of net neutrality
protects start-ups
freedom of speech - nothing can be censored
free market with competition
private info will stay private
cons of net neutrality
anything goes INFO OVERLOAD
questionable content thrives.