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access of information to reporters? |
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No right of access beyond what is afforded the average citizen |
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What if law must be broken in order to obtain news in public interest? |
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First Amendment doesn’t supply a license to violate valid criminal laws.” |
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1. National Security 2. Housekeeping materials 3. Material exempted by statute 4. Trade secrets 5. Working papers/lawyer-client privilege 6. Personal privacy 7. Law enforcement records 8. Financial institution materials 9. Geological data |
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Homeland Security Act of 2002 |
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Exempts critical info submitted by businesses and people from FOIA |
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Federal Open Meetings Law; sunshine act |
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gov't meetings must be held in public |
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Most laws allow inspection of records by any person |
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Citizens should be able to stop unwarranted intrusions; recover monetary damages |
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Four Areas of Privacy Law |
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1. Appropriation 2. Intrusion 3. Publication of private information 4. False light |
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illegal to appropriate an individual’s name or likeness for commercial or trade purposes without consent |
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-Franklin Mills Flour uses her picture on posters -Sues for invasion of privacy |
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1. Protects against emotional damage 2. Protects average person 3. Gone when person dies |
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illegal to intrude upon the seclusion of an individual |
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vopper broadcasts illegally intercepted cell convo. in the end, station not liable |
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assumption of risk analysis |
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you loose privacy when personal info is accessible to to others or places in flow of commerce |
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illegal to publish private facts about someone if (2) |
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1. it would be highly offensive to reasonable person 2. not of legit public concern |
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-saved president ford from being killed -sues paper for gay statement info in public documents not regarded as private |
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not to: victim seen guilty as rapist to do: adds credibility to stories |
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rookie reporter gives rape victim name. paper not at fault for libel, was a mistake |
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journalists must exercise judgement--what is of public concern? |
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story permissable if its not designed to humiliate subject |
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1. light individual was placed would be offensive to reasonable person 2. publisher was at fault at time of publication |
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movie and play made after a crime that happened to hill, actors photographed at hill's home, hill sues for apropriation & false light |
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Strategic lawsuits Against Public Participation. stops libel laws from being used as weapons |
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communication that damages reputation. lowers a persons reputation in many people's eyes |
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common law privilege of the president and other executives |
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needs to be proved in order to sue for libel |
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what must be proved to win libel (5) |
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1. it was published 2. words were/concerning plantiff 3. material was defamitory 4. material was false: falsity, must be direct 5. defendant was at fault |
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words and risk of defamation (3) |
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1. crime: inferring of criminal behavior 2. sexual references 3. personal habits |
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