Term
| Where do the laws of copyright come from? |
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Definition
- intellectual property was protected in the Constitution before the adoption of the First Amendment (Article I, Section 8)
- British originated copyright as a method of censorship after Gutenberg invented the printing press in 1440s
- 1976 Copyright Act, includes technological advances in 19th and 20th century |
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Term
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Definition
- "ORIGINAL works of authorship fixed in a TANGIBLE medium of expression... from with they can be perceived, reproduced or otherwise communicated."
- original and tangible happens as soon as it is create or perceived |
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Term
| What does a copyright protect? |
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Definition
- a work of authorship (creations that are expressive in nature)
- protects expression, not the ideas or facts contained in expression |
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Term
| 7 categories Copyright Act protects |
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Definition
- literary works
- musical works (including words)
- dramatic works (including music)
- pantomimes and choreographic works
- pictorial, graphic and sculptural works
- motion pictures and other audiovisual works
- sound recordings |
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Term
| When is something copyrightable? What is not copyrightable? |
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Definition
If there is only one way to say something, it is not copyrightable.
- facts, procedures, processes, systems, principles, discoveries, concepts, etc. E=MC2 |
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Term
| Why would you register a copyright? |
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Definition
| to protect works from "innocent" infringement and for eligibility to file suit and receive statutory damages in infringement cases |
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Term
| How do you register a copyright? |
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Definition
| If a work is published, 2 copies must be deposited to the Copyright Office in DC, for registration |
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Term
| How long does a copyright last? |
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Definition
| Beginning when work was published. Copyright Term Extension Act (CTEA) in 1988 extended copyright terms from 50 years to 70 years after author's life |
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Term
| 3 elements of copyright notice |
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Definition
- letter "C" in a circle, the word "copyright" or the abbreviation "copr."
- year of first publication
- name of copyright owner |
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Term
| What makes a work "original"? |
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Definition
- author creates work independently with a small amount of intellectual effort
- does not simply reproduce existing material
- no requirement that it has to be "unique"
- a collective work is original and copyrightable (gathering of preexisting works that may already be copyrighted)
- a derivative of work is original and copyrightable (transformation or adaptation of a work) |
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Term
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Definition
- SC ruled that publisher of a regional telephone directory did not violate copyright of smaller directory when it used names and addresses from smaller book
- no originality in an alphabetized list
- also refused to recognize copyright based on time, money and effort |
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Term
| What rights do authors have? |
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Definition
- performance and display (over the air broadcasting, cable and satellites)
- copy or reproduce a work
- create adaptations or derivatives
- distribute copies of a work |
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Term
| Work for hire v. Freelancers |
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Definition
Work for hire - "author" who owns copyrights is the party who hires employee or commissions freelancer to create a work (basically, employees are work for hire)
Freelance - writers, photographers and videographers create a work and control when, where and who it is used by, they own rights unless specified in a contract. They are allowing the person who hired them to use it, but could possibly use it for other clients (unless contract) |
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Term
| What is the major defense to a claim of copyright infringement? |
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Definition
| Doctrine of Fair Use - permits limited copying for comment and criticism |
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Term
| 4 factors court considers when determining whether use of copyrighted material is a fair use? |
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Definition
- purpose and character of the use (news and comments, parody, teaching and noncommercial research, personal entertainment)
- nature of copyrighted work (unpublished materials get more protection)
- amount and substantiality of portion used
- effect on potential market |
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Term
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Definition
- SC held that political magazine, Nation violated Harper's copyright when it printed 3-400 words of President Ford's then unpublished memoirs
- Nation's purpose and effect of the use were not to report news but to beat Harper and Time Magazine to the market, therefore character of the use was hardly fair |
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Term
| Campbell v. Acuff-Rose Music, Inc. |
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Definition
- SC reversed lower court decision
- said 2 Live Crew's parody of Roy Orbison's "Oh, Pretty Woman" "departs markedly" from the original lyrics, creating its own comment and criticism of the song
- lower court put too much emphasis on the commercial purpose of the parody |
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Term
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Definition
- distorts or closely imitates another work to make fun of the original work
- copyright violation is found when copy becomes a substitute for the original, not when it successfully criticizes the original |
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Term
| What is the Digital Millennium Copyright Act? (DMCA) |
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Definition
- protects online service providers from liability for money damages for infringement when they merely transmit or temporarily store digital information for their subscribers
- criminalizes acts that disable or circumvent technology designed to prevent illegal copying (law is also known as a safe harbor for online users) |
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Term
| What must ISPs do to remain protected under the DMCA? |
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Definition
- not required to monitor their networks for infringers
- cannot play dumb about infringing activity on their system
- can be held liable for direct, contributory or vicarious infringement |
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Term
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Definition
- Viacom sued YouTube for $1 bil because YouTube violated Viacom's copyright by hosting and profiting from postings
- court rejected Viacom's case and said "general knowledge that infringement is ubiquitous (appearing) does not impose a duty on the service provider to monitor or search its service for infringement |
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Term
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Definition
- any word, name, symbol or device used by a manufacturing merchant to identify and distinguish its goods from those manufactured or sold by others
- indicates source of goods
- represents a portion of "goodwill" of the company
- must be inherently distinctive |
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Term
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Definition
- trademarks are protected by law of unfair competition that protects intellectual property because copyright thinks these symbols are too trivial
- trademarks do not depend on originality, invention or discovery, but instead focuses on distinctiveness
- trademark and copyright are both protected under common law and do not need to be registered, although it is highly recommended
- trademark is R in a circle, copyright is C in a circle
- copyrights are protected for only a limited time and trademarks are protected as long as it is used in commerce (they are lost when abandoned) |
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Term
| What is the purpose of a trademark? |
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Definition
| - to protect consumers from being misled about the source of goods or services |
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Term
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Definition
- protects originality and commercial value of business' symbols from theft and misleading uses by the law or unfair competition
- prohibits forms of unfair competition - misappropriating the work of others, using similar titles in a misleading way, stealing trade secrets, and false advertising
- different from copyright because it protects the property value in signs, titles, names and slogans
- protects a broad array of things, one of which is trademarks |
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Term
| What must a trademark plaintiff show in order to prove infringement? |
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Definition
- purpose
- registration
- likelihood of confusion
- First Amendment protections
- dilution
- abandonment |
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Term
| What is Dilution? How does it differ from confusion? |
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Definition
- dilution is when a mark's value has been tarnished or diluted
- confusion is when a trademark deceives or confuses the public |
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Term
| When would fair use and the First Amendment be successful defenses to infringement claims? |
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Definition
- the rights of the trademark owner must be balanced against the interest of free speech when the unauthorized use is for expressive purposes
- to gather news, create parodies, and other expressive purposes are protected |
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Term
| What are the penalties for violating the copyright, trademark, and unfair competition laws? |
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Definition
- injunctions
- monetary or statutory damages
- criminal penalties (jail time) |
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Term
| How can the government regulate broadcasting? Red Lion v. FCC |
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Definition
- Red Lion v. FCC ruled electromagnetic spectrum is a scarce resource that requires a system of government allocation, licensing broadcasters who are required to serve public interest
- this introduced a new element into the First Amendment analysis: the collective right of the people to receive expression justifies government regulation
- the right of the listeners is more paramount than the rights of the broadcasters |
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Term
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Definition
- there isn't really a true definition of obscenity. Court usually decides case by case
- Justice Potter Stewart said "I know it when I see it"
- Obscene if, as a whole, appeals to the prurient (sexual) interest of the average person applying contemporary community standards. Must be patently offensive AND lack serious literary, artistic, political or scientific value |
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Term
| 3 part test to determine obscenity |
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Definition
Miller test (developed in Miller v. California)
- "average person" would agree that the work as a whole "appeals to prurient interest" AND
- work depicts or describes in a patently offensive way sexual conduct specifically defined by applicable state law AND
- work as a whole lacks "serious literary, artistic, political or scientific value" |
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Term
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Definition
- California convicted Miller under state law for conducting mass-mailing campaign to advertise 4 books and a film
- brochures contained depictions of men and women, genitals prominently displayed, engaging in a variety of sexual activities
- SC applied Miller test (3 part test), found to be obscene |
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Term
| What level of First Amendment protection does obscenity get? |
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Definition
NONE. Banned from all media distributed in US
but, SC said First Amendment protects right to have obscene material in the privacy of your own home, except for child pornography |
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Term
| What does "prurient interest" mean when determining obscenity? |
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Definition
- lascivious, shameful or morbid interest in sex
- bestiality, necrophilia
- also prurient if it is sexually arousing to the average person |
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Term
| How do courts define "community standard" when determining obscenity? |
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Definition
| Juries draw on their own understanding of average person's views. Can be juror's city, county or state |
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Term
| What is "patently offensive" when it comes to obscenity? |
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Definition
| more than pornographic (more than Playboy) |
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Term
| Indecency and First Amendment protection |
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Definition
- language that describes, in terms patently offensive by contemporary community standards for the broadcast medium, sexual or excretory activities or organs at times when children may be in the audience
- if you have a regular sentence appropriate for a child and then add excretory functions and filthy words, you get indecency
- protected by First Amendment (level 2-commercial and sexual expression), but CAN BE REGULATED because we care about protecting the children. falls into commercial and sexual expression
- ex. sex columns, NPOs that deal with body parts (breast cancer) and school health education classes |
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Term
| What does "channeling indecency" mean? |
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Definition
| - in FCC v. Pacifica, SC ruled that broadcasts can be constitutionally restricted to airing indecency only at those times of day when children are not likely to be in the audience |
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Term
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Definition
| time period from 10pm to 6am when radio and TV stations may air indecent material without incurring FCC sanctions |
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Term
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Definition
- afternoon broadcast of George Carlin monologue "Filthy Words" (7 dirty words) on NYC radio station
- father complained to FCC after hearing it while driving with son
- FCC said 7 words were indecent because they depicted sexual and excretory activities and organs in a patently offensive matter
- in the end, SC reversed a lower court ruling and said Carlin's monologue could not be constitutionally regulated because it was not obscene |
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Term
| Indecency regulations as a result of the Janet Jackson episode (FCC vs. CBS) |
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Definition
- 10 second delay
- for more than 25 years, FCC regarded brief visual images of nudity as not indecent
- after complaints from Jackson's show, agency ruled that even brief nudity can be indecent, depending on context (FCC v. CBS)
- fined CBS $550k
- ruling was vacated. court found that FCC had changed a "well-established course of action without applying notice of and a reasonable explanation for its policy departure"
- FCC v. Fox - concluded that FCC did not act arbitrarily (randomly) in violation of the Administrative Procedure Act when it began punishing single utterances of "fuck" and "shit"
- this was a new policy on "isolated expletives" and was done to provide a safe haven for children |
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Term
Differences between broadcaster, cable operator, and common carrier
Why is the difference important?* |
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Definition
broadcaster - licensed to use limited public resource (airwaves). required to serve public interest
cable operators (TV) - gets more First Amendment protection than broadcasters, but not as much as print
common carriers (telephones) - transmits to anyone who pays for service. Gov grants a monopoly and guarantees a profit - not responsible for content |
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Term
| Telecommunications Act of 1996 and its importance |
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Definition
- required cable operators carrying Playboy channels, AdulTVision, Spice, and other channels "primarily dedicated to sexually oriented programming" to either completely scramble the signals, block them entirely, or cablecast them between the hours of 10pm - 6am
- shows that cable operators still have restrictions and not the same First Amendment rights as print/publishers |
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Term
| What is the Communications Decency Act and is it constitutional? |
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Definition
- part of the Telecommunications Act of 1996
- prohibited deliberately using the Internet to send indecent, patently offensive, or obscene material to people under 18 years old
- Anyone who creates and transmits material which is obscene, lewd, lascivious, filthy or indecent with intent to annoy, threaten or harass another person shall be fined up to $25k and/or imprisoned for no more than 2 years
- if the producer of the obscene or indecent communication knows that the recipient is under 18, then the creator need not have the intent to annoy, abuse, threaten or harass - they will still be charged
- US SC found law unconstitutional and said that the Internet should have the same level of First Amendment protection as print media |
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Term
| What level of First Amendment protection applies to the Internet? |
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Definition
| highest FA protection, like print publishers, have the right to disseminate (spread) indecency |
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Term
| What is the Child On-Line Protection Act (COPA) and is it constitutional? |
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Definition
- in 1998, Congress enacted COPA prohibiting commercial material harmful to minors on the WWW
- it was constitutional, but then became unconstitutional for overbreadthness and vagueness |
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Term
| What is the Children's Internet Protection Act (CIPA) and is it constitutional? |
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Definition
- requires K-12 schools and libraries int he US use internet filters and implement other measures to protect children from harmful online content as a condition for the receipt of certain federal funding
- it is constitutional |
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Term
| What are the effects of pornography? Violent pornography? What are the issues/concerns regarding women and violent pornography? Are violent video and Internet games ruining the young people of the country?** |
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Definition
- violent porn in media may not be prohibited unless itis obscene
- Meese Commission on porn found casual link between violent porn and violence in society, but social scientists don't go so far
- unconstitutional to ban violent porn - you can have obscene material as long as it's not child porn |
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Term
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Definition
- Ferber convicted for selling undercover officer 2 films of young boys masturbating
- court said "exploitative use of children in the production of pornography has become a serious national problem"
- in cases involving minors, court does not need to determine whether such sexual materials are obscene, only that the children are exploited sexually
- court also said states have a compelling interest in safeguarding the physical and psychological well-being of a minor |
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Term
| Ashcroft v. Free Speech Coalition |
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Definition
- struck down 2 provisions of Child Pornography Prevention Act of 1996 because they abridged "the freedom to engage in a substantial amount of lawful speech"
- case was brought against gov by the Free Speech Coalition, a California trade association for the adult entertainment industry
- law can punish the creation, sale and distribution of child pornography, only if materials involve REAL children, not simulations
- an 18 year old that resembles a child is acceptable |
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Term
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Definition
- SC upheld regulations of the FCC that ban "fleeting expletives" on TV broadcasts, finding that they were not arbitrary and capricious under the Administrative Procedure Act when it began pushing single utterances of "fuck" and "shit"
- FCC's new policy on "isolated expletives" was sustained in 2009 after this case ruling |
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Term
| Turner Broadcasting System, Inc v. FCC* |
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Definition
*what happened?
- established cable TV companies were indeed First Amendment speakers but didn't decide whether the federal regulation of their speech trenched upon their speech rights
- courts said cable operators are entitled to largely the same First Amendment protection as publishers |
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Term
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Definition
- SC found the CDA unconstitutional, saying that the Internet should receive expansive First Amendment protection
- gov argued that the Internet should be subject to expansive regulatory control, as is broadcasting
- court disagreed, stating Internet is not as invasive as broadcasting
- there was also no spectrum scarcity justifying gov regulation |
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Term
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Definition
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Term
| What constitutional provisions are in conflict when the media want to cover the courts? |
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Definition
- fair trial (6th amendment) vs. Free press (First Amendment)
- first amendment rights of the media to cover notorious crimes and attend judicial proceedings
- judge favors 6th amendment
- Sheppard v. Maxwell |
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Term
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Definition
- 1996 US SC ruled that a massive sensational media coverage prevented Sheppard from receiving fair trial
- some of the events in the trial were later fictionalized in a top-rated TV series and move "The Fugitive"
- immediately hit the media; reporters interrupted trial in the courtroom
- he was convicted of murder until 1996 when the Court reversed the original verdict on the ground that he did not receive a fair trial |
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Term
| What are the judicial remedies for prejudicial publicity? |
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Definition
- change of venue
- change of venire (changes the jury pool)
- continuance (postponement)
- severance (two ore more defendants tried separately)
- voir dire (process of questioning potential jurors before selecting a jury for trial)
- sequestration (the "locking up" of the jury during trial)
- judicial admonition (judge can instruct jurors to render their verdict on the basis of evidence presented in the courtroom)
- conversation monitoring
- new trial |
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Term
| When can a court overturn a verdict because of pretrial publicity? |
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Definition
- SC said conviction will be overturned only if court finds identifiable bias in individual jurors or such an extraordinary amount of prejudicial publicity in the media that the "presumption of justice" is raised
- in 2010, SC emphasized that pretrial publicity only rarely deprives a defendant of a fair trial
- Murphy v. Florida |
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Term
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Definition
- Murphy had become notorious after he helped steal the Star of India sapphire in 1964
- arrested for robbery and assault in 1968
- before he could be tried on those charges, he was convicted of murder and pleaded guilty to stolen securities
- events attracted extensive press coverage
- he appealed on the ground that the jury had been prejudiced by knowledge of his previous criminal record
- Justice Marshall said most of the publicity about Murphy was factual and published at least 7 months before jury was selected, too far in advance to inflame prejudice at the time of trial |
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Term
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Definition
- Yount could not convince the court that publicity had created a "presumption of justice" in his second murder trial
- court overturned his first murder conviction because the police had not provided him adequate notice of his right to an attorney prior to his confession
- Yount was convicted a second time and appealed because he felt that he did not receive a fair trial
- court decided lapse of time between first and second trials rebutted "any presumption of partiality or prejudice that existed at the time of the initial trial" |
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Term
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Definition
- court overturned murder conviction because publicity created a "wave of passion" and "pattern of prejudice"
- court found a "build-up of prejudice" in case of Leslie Irvin, who was convicted of murder in 1954
- radio, TV, newspaper stories revealed Irvin's criminal history and referred to him as the "confessed slayer of six" |
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Term
| How does the US Supreme Court define bias? |
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Definition
| as a matter of law, jurors are biased if they are so affected by prejudicial publicity that they cannot set aside preconceived ideas and decide a case solely on the evidence presented in the trial |
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Term
| How should reporters respond if a judge wants to close a courtroom? |
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Definition
- right of access is not absolute, trial judges can constitutionally close courts if they can document overriding interest that cannot be protected by alternative means and if they can narrowly restrict closure
- judges must have hearing to determine those issues
- reporters should make sure those hearings happen, urge them to happen, maybe even cover them |
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Term
| What are the rules regarding cameras in the courts? (State v. Federal) |
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Definition
- all 50 states allow cameras in courtroom; SC is empowered to intervene in state procedures when fundamental constitutional guarantees are being violated
- Federal courts do not like them, judges feel it will turn SC into a circus, banned from most |
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Term
| Florida ruling on cameras in courtroom |
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Definition
- FL has one of the broadest laws about cameras in court
- judges have almost no discretion to remove cameras, unless it makes a substantial difference or disruption than a different form of media
- started with Runo Hoffman, accused of kidnapping Charles Lindbergh's baby, turned into a circus and SC claimed they were making a mockery of this
- FL experimented where they would put cameras in court room to keep it best controlled (judges were more alert/awake, lawyers were more prepared on camera) |
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Term
| What can judges do to control prejudicial publicity? What can't they do? |
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Definition
- restraints on the media: gag orders or "prior restraints" limiting the media's right to publish info about criminal proceedings. must use 3 part test
- restraints on news sources: orders restricting lawyers, defendants, police, court personnel and witnesses from speaking about the case
- punishment after publication
- controlling access to courtrooms (pretrial hearings, jury selections, court records)
- restricting press interviews with jurrors |
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Term
| What is a gag order, and who can be gagged? |
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Definition
- gag order: issued by a judge commanding REPORTERS and EDITORS not to publish stories about a legal proceeding
- also called a "restraining order" a gag order may also restrict trial participants from talking with journalists
- Gentile v. State Bar of Nevada: court said restrictions of attorneys' comments during trials, in particular, are subject to less First Amendment scrutiny than constraints on the expression of the press or public in general |
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Term
| What test for gag orders did the court establish in the Nebraska Press Assoc. v. Stuart case? What 3 factors must be considered? |
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Definition
- ruled prior restraints on publication to protect the right to a fair trial are ordinarily unconstitutional
must consider
- nature and extent of pretrial news coverage
- whether other measures would mitigate the effects of that publicity
- how effectively a gag on the press would be in diminishing the effect of prejudicial publicity
generally judges say no to one of the 3, and is generally not effective because it is called after information is already out |
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Term
| Do the media have a First Amendment right to attend judicial proceedings? |
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Definition
- media has First Amendment right to trials, jury selection and pretrial hearings, unless state can document overriding interest in closure (Richmond Newspaper v. Virginia)
- SC emphasizes important of access, but will not stop closures
- right of access is NOT absolute |
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Term
| When can judicial proceedings be closed? When are they open? |
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Definition
| - trial judges can constitutionally close courts if they can document overriding interest that cannot be protected by alternative means and if they can narrowly restrict closure |
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Term
| What kinds of statements are likely to raise a strong presumption of prejudice? |
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Definition
- confessions
- prior criminal records
- results of a scientific test, lie detectors, blood test, DNA, ballistics (blood and DNA tests most accurate)
- character flaws or lifestyle rumors
- potential witnesses, testimonies or evidence
- speculation by officials |
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Term
| Can journalists be forced to testify in court? Can they protect their news sources, notes and tapes? Under what circumstances? |
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Definition
- can be forced to testify and can be forced to protect their sources
- will go to jail if they refuse to cooperate, especially (and mostly) when they have promised confidentiality to their sources
- promising confidentiality is like making a contract, and you can be sued for breaking it, even if the gov is prosecuting you for not breaking it
- confidentiality must now be made through reporter's editor, managing editor, and most of the time the newspaper's lawyers (not taken lightly) |
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Term
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Definition
- reporter's privilege does not exist
- SC rejected the privilege (5-4) and ordered Branzburg to testify
- plurality opinion recognized that newsgathering, including the protection of confidential sources, is "not without its first amendment protections"
- dissent by Justice Stewart developed a first amendment "privilege test" (qualified test that goes from caste to case) |
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Term
| Where did the first amendment limited privilege that protects journalists come from? |
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Definition
Branzburg v. Hayes (ironically)
- Justice White said legislatures should be the ones to make the law to uphold a privilege, not the courts (they don't make the laws they uphold them)
- argued journalists should have a first amendment privilege to withhold names and info unless officials satisfy a "heavy burden of justification" overcoming the privilege
- Justice Powell emphasized the "limited nature" of the decision |
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Term
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Definition
First amendment protects journalists' right to wihhold names unless government satisfies "heavy burden" overcoming privilege. must demonstrate:
- reporter has information "clearly relevant"
- info cannot be obtained by alternative means
- compelling and overriding interest in info |
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Term
| Is the first amendment privilege of journalists/reporters recognized and accepted by courts? |
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Definition
- there is disagreement. simply put, no
- many lower courts interpret Powell's opinion as evidence of a privilege, but there is no concrete law or statement of privilege |
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Term
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Definition
- many states, including FL, have adopted a statute protecting journalists
- 35 states??? |
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Term
| Is there a federal shield law? What is the current state of protection for journalists against federal subpoenas? |
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Definition
None.
Free Flow of Information Act: a bill adopted to acquire a federal shield law |
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Term
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Definition
“A professional journalist has a qualified privilege not to be a witness concerning, and not to disclose the information, including the identity of any source, that the professional journalist has obtained while actively gathering news. This privilege applies only to information or eyewitness observations obtained within the
normal scope of employment and does not apply to physical evidence, eyewitness observations, or visual or audio recording of crimes. A party seeking to overcome this privilege must make a clear and specific showing that:
- the info is relevant and material to unresolved issues that have been raised in the proceeding for which the info is sought
- the info cannot be obtained from alternative sources
- compelling interest exists for requiring disclosure of the info |
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Term
| Can confidential sources sue the media when they break their agreement and disclose their names? |
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Definition
- yes, when newspapers "promise" confidentiality, they create a contract and can be sued if it is violated
- as a result, newspapers and TV/reporters have set up a lot of procedures and reporters cannot promise confidentiality anymore without talking to editors, managing editors, and lawyers |
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Term
| What's happened to reporter's privilege in the last few years? |
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Definition
it has been weakened. mostly due to events like the Plame case and Judge Posner.
however, it has great potential for being strengthened because of the Free Flow of Information Act |
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Term
| Have journalists been jailed? |
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Definition
| Yes, Judith Miller and Scooter Libby |
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Term
| Regarding journalists' privilege, what has changed between the last administration and the new administration? |
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Definition
Obama -
- aggressively using Espionage Act to take whistle-blower to court
- enacted in 1917 to punish those who gave aid to our enemies
- used 3 times in all prior administrations to bring cases against government officials accused of providing classified info to journalists
- used SIX times since Obama took office |
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Term
| What is the Free Flow of Information Act? Will it pass Congress soon? |
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Definition
- bill intended to provide a news reporter with the right to refuse to testify as to information or sources of information obtained
- Supported by Obama (not Bush)
- passed the House of Representatives and on its way to the Senate
- it is likely that we will have a federal statute that protects reporters in the next few years |
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Term
| What does the Constitution (First Amendment) say about access to information? |
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Definition
- First Amendment does NOT guarantee a right to obtain info
- protects media's right to publish info about public issues, but not the right to gather this info
- journalists have no greater rights of access to info than anyone else
- FA guarantees access to courts, but not prisons****
- Pell v. Procunier |
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Term
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Definition
- reporters claimed a first amendment right to interview specific California prisoners
- before 1971 in Cali, journalists could conduct face to face interviews with prisoners on request
- to tighten control by reducing the celebrity of inmates, Cali officials revised the corrections manual to prohibit "media interviews with specific individual inmates"
- Court ruled 5-4 that new restrictions did not abridge the first amendment rights of the press |
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Term
| Why is freedom of information important? |
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Definition
- it is essential to our form of government
- with knowledge, people can hold their government accountable, protect against corruption and inefficiency and ensure our democracy |
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Term
| Does the first amendment guarantee the right of access by the press and the public to courts? |
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Definition
- protects media's right to publish info about public issues, but not right to gather info
- journalists have no greater rights of access to info than anyone else
- grants access to courts, but not prison
- Richmond Newspaper v. Virginia ruled public and press have constitutional right to attend trials, but right does not necessarily extend beyond courtroom in criminal proceedings |
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Term
| What are the limitations on gathering news and access to public and quasi-public property? |
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Definition
- Right for everyone to observe, photograph, and record what can easily see or be seen/overheard in a public place
- Generally have access to public property. Only in emergencies is it restricted Quasi-public property.
- War zones have restrictions, but government is mostly lenient
- If there is a crime or an accident, even if you have news credentials, you cannot cross into a police perimeter
- change - right of press to represent when fallen soldiers are coming home (change from Bush administration) |
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Term
| Where does the right of access to governmental records come from? |
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Definition
- Congress adopted the Freedom of Information act in 1966 to increase public access to federal documents
- if information is held by state or local government, state laws apply. same for federal
- all states and federal gov have adopted statues to allow access to gov meetings and records |
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Term
| Freedom of Information Act |
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Definition
- Requires agencies to make records available for inspection and copying unless the records fall into one of 9 exemptions - where public interest might outweigh disclosure
- applies to executive branch, NOT white house, congress or federal courts |
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Term
| Who does the Freedom of Information Act apply to? |
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Definition
| executive branch, NOT white house, congress or federal courts |
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Term
| Freedom of Information Act exemptions |
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Definition
- national security
- agency rules and practices
- statutory exemptions
- confidential business info
- agency memoranda
- personnel, medical and similar files
- law enforcement investigations
- banking reports
- information about oil wells |
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Term
| What is the Buckley Amendment and what does it protect? (another name for it) |
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Definition
- it is the Family Education Rights and Privacy Act (FERPA) just a different name for it
- prohibits federally funded institutions from disclosing student educational records to the public
- allows students over 18 and parents to correct "educational records"
- universities, colleges and high schools are permitted to release "directory info" unless student objects
- address, phone number, date and place of birth, attendance records, field of study, degrees and participation in official activities including sports
- can release height and weight of members of athletic team
- MAY NOT release grades and health info |
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Term
| What law gives you access to federal meetings |
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Definition
- none
- federal "sunshine law" requires several executive agencies to meet in public
- right is not included in Constitution, can only be achieved through statutes
- laws governing access to gov meetings and records are found in statutes |
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Term
| Recent changes to Freedom of Information Act |
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Definition
- President Bush and VP Cheney pushed restricting disclosure more than any other president in the history of the law and used it so extensively that there was almost no FOIA information available
- This is changing. One of the first acts President Obama declared was transparent, saying where we can disclose it, we will do a much better job of it
- This is reflected in the recent release of the torture (water boarding) memo
- Report of what the government was doing and what the president’s attorneys told them
- It goes against all of our former ideas of what was legal for prisoners of war |
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Term
| What does the FL Sunshine Law (Open Meetings Law) require? When does it apply? |
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Definition
- "All meetings of any board or commission of any state or county agency or authority, municipal corporation, or political subdivision… at which OFFICIAL ACTS are to be taken are declared to be public meetings open to the public at all times…"
- applies to ANY gathering, whether formal or casual, of 2 or more members of the same board/commission to discuss some matter on which foreseeable action will be taken (no phone calls or emails) |
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Term
| What is a public record in FL? Are computer records public? |
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Definition
- "it is the policy of this state that all state, county and municipal records shall be open for a personal inspection by any person"
- all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software or other material, regardless of physical form, or characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency
- yes, computer records are public records |
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Term
| How does someone get a public record in Florida? How much can they charge for a public record in Florida? |
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Definition
- Every person who has custody of a public record shall permit the record to be inspected and examined by an person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision of the custodian of the public record or his designee
- they can sit there and watch you look at it, to make sure it's maintained. sometimes they use it for intimidation
- cost of copying not to exceed 15 cents/page, $1 for certified copy
- clerk of court may charge $1 /page
- extensive use charge- information technology, extensive clerical or supervisory assistance |
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Term
| Are there exemptions to FL Public Records Law? |
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Definition
- yes, but records which are exempt are still public records
- public agency must prove exemption to claim it
- 850 exemptions
- medical and birth records
- investigative and criminal intelligence records relating to active investigations
- records identifying sexual abuse victims or confidential info
- home addresses and phone numbers of plice officers, state attorneys, judges, firefighters, department of children and family services and code enforcers
- adoption records
- student educational records |
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Term
| Penalties for not complying with Florida Public Records Law |
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Definition
Criminal penalties
- misdemeanor in the first degree, up to 1 year in prison, and/or $1000 fine
- removal from office
non-criminal penalties
- fine of not more than $500 |
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Term
| Penalties for not complying with the Sunshine Law |
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Definition
criminal penalties
- misdemeanor of the second degree, up to 60 days in prison and/or $500 fine
- removal from office
non-criminal penalties
- up to $500 fine and read Sunshine Manual
- attorney's fees |
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Term
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Definition
- Guy who was working on a campaign was working for a reporter
- The guy was a public relations guy, and he wrote up the story
- The editor asked who was the source, and the reporter told him it was the guy who manages the opponent’s campaign
- They put this into the story, giving out his identity and the guy lost his job because of it and he sued the newspaper.
- The courts said that the media had made a promise and had broken their contract with this guy. They said the newspaper had to pay up and the public relations guy won some money.
- As a result the newspaper and TV / Radio stations have set up a lot of procedures and reporters cannot promise confidentiality anymore without talking to editors, managing editors, and their lawyers. |
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Term
| U.S. Department of Justice v. Reporters Committee for Freedom of the Press |
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Definition
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