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60 Cards in this Set
- Front
- Back
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Sunshine Laws
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-keep public well informed -key point is public records-not government records -open records: public assess to government documents -open meetings: watch government in action -Foundation of Investigating Reporting |
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Freedom of Information Act |
-Fed Law passes in 1966 -Purpose: To prevent abuse of power by executive branch of federal government -Declares all fed-government records open to public w/ 9 exemptions -Applies to all executive federal government agencies -Congress, White House, Fed Courts are exempt |
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Exemption 3: Statutes |
-Privacy Protection Act (1974) -Video Voyeurism Prevention Act (2004) -Driver's Privacy Protection Act (1994) -Health Insurance Portability and Accountability Act (1996). Says gov't info about you can't be accessed by 3rd party. Can't take photo w/o consent. |
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Driver's Privacy Protection Act (1994)
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Driver's license info were sold as marketing technique. Congress passed this law saying license info can not be sold. |
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Health Insurance Portability and Accountability Act (1996) |
Protect your health info that is on the internet. (Only doctors can access your information) |
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FERPA (Family Education Right and Privacy Acts) |
even parents, despite them perhaps paying for tuition. |
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Example of Open Record |
Police Station at OU---->>>> Crime Report |
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Example of Education Record |
Office of Community Standards and Student Responsibility--->> Student Disciplinary Records --->> Miami University Cases |
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Miami Student v. Miami University (1997)
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-wanted crime info for statistics, but not names or social security numbers -University blacks out TOO MUCH info, student says it defeats the purpose -Miami argues it's a student education record and therefore shouldn't be handed out -OH Supreme Court says they are not Education Records (not confidential) and can be released to anyone who wants to see them. |
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U.S v. Miami University (2002)
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- University knew funding would be cut off if student's personal info was released - Department of Education says they can't release info -Released info, unchanged -U.S Government sues Miami University for violation FERPA -Overturned Ohio State Law |
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ESPN v. Ohio State (2012)
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- Are emails educational records? -5 OSU football players sold gold pants/ NCAA players not allowed to make money. -5 Players sold OSU attire for tattoos, still played in and won the Sugar Bowl - Head Coach Jim Tressel gets blamed for knowing about it and loses job. -ESPN requested for emails between Tressel and Business Man, they denied and cited FERPA as the reason. -ESPN said FERPA doesn't apply because they are emails and it's the athletic department, not the student's major. -Goes to OH Sup Court -OSU wins, even though it was athletic department, it was still part of the educational agency and emails were confidential. |
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Campus Crime and Jeanne Clery: The Campus Security Act of 1990 |
Annual Reports, Crime Logs, and Timely Warnings to Students and Faculty. "an uninformed student body is a student body in danger." Any person who receives federal money should get reports. |
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FOIA EXEMPTION 7: LAW ENFORCEMENT INVESTIGATIONS: Center for National Security Studies v. U.S Dept of Justice (2003) |
-National Security Studies looks into this. -Filed FOIA request for names, attorney's names, when, where and why they were arrested. -Department of Justice refused. -Cited exemption 7 -Center said there were news reports of unfair treatment and interference w/ rights, waterboarding/torture -Appeals Court in '03 ruled in favor of Department of Justice. They could legally use Exemption 7 and not give out names. |
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National Archives and Records Administration v. Allan Favish (2004) |
-all investigations say he committed suicide -Allan Favish held theory that Foster was killed in a hit, which was initiated by Hillary Clinton -Submitted FOIA to get all pictures of Foster's suicide scene -Gov't refused because it would violate privacy and the family of Foster -Would cause harm to family to release pictures, too graphic, only gets picture of Foster's glasses. -ruled in favor of government (unanimously) |
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Components of Open Meetings |
Representation- have to have majority of members. Involvement- public has to have opportunity to give opinion. Exemptions- if lawsuits are involved, they can have private meetings. |
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Branzburg v. Hayes (1972)
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-Did "How to Grow Pot" story w/ anonymous source. -Paul refused to give names -Government won -Journalist no different than normal person |
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Paul Pappas
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-got to sit in on Black Panther meetings, thought up as violence. |
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Earl Caldwell and the New York Times
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-also covering Black Panther -Caldwell was reached by FBI, wanting to get info on their plans -still refused to cooperate -Caldwell fought to the 9th circuit court of appeals and won unanimous decision |
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Reporter's Privilege Three-Part Test |
2.) Government has compelling need for info 3.) Government cannot get information from any other source. |
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U.S v. Sterling (2013) |
-Jeffery Sterling worked for CIA -signed non-disclosure form saying he couldn't talk or share secret info if he left the CIA -Friendship with James Risen of NY Times -Sterling fired in 2002, met w/Risen, and shared info of CIA to him - In '03, Risen contacts FBI, saying he has secret info and will publish a story about it. - CIA meets with Risen and talks him out of it. - Rise publishes book, "The State of War" in '06 and revealed classified info that Sterling told him. - Sterling arrested in Bush admin, arrested by Espionage Act by Obama administration -Risen would not reveal source in court -courts go against Risen, in 2013, court says reporter must turn in sources, answer questions. -Risen still won't answer, willing to go to jail -Sterling court keeps going, indicted on violating espionage act in January 2015 |
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Zurcher v. Stanford Daily (1978) |
-Can police get search warrant constitutionally? Police Department wanted pics of riot to see who hurt police officers. -Police got search warrant for newsroom, didn't find anything. -Student Newspaper was mad, sued and went to Supreme Court. - said they should of got subpoena first to give the paper time to meet with lawyers. -Court disagreed with Newspaper, said it's a 4th amendment problem, not 1st. |
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Privacy Protection Act of 1980 |
-Must get a subpoena -Can't rely on just search warrant -made by legislative branch Exceptions: Police believe reporter committed a crime. Police believe material will be destroyed Involves immediate danger |
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Subpoena
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Allows meetings with lawyers |
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Cohen v. Cowles (1991) |
-Cowles Media -Based out of Minneapolis -Cohen was a PR person working on a campaign for someone who was running for governor -Cohen dug up some dirt on the opposing governor's running mate and he wanted to leak it. -She had been arrested for $6, got sponged -Cohen wanted to leak, not have his name involved -Cohen gave up story, writer told publisher that Cohen gave her the story. -Reporter didn't want by-line on story -Cohen gets fired and sues Cowles Media for Breach of Contract -Cohen offered 200k -went to MIN Supreme Court, Cohen won -went to U.S Supreme Court, Cohen won -Supreme Court said newspaper broke confidentiality -Source has right to sue for Breach of Contract if confidentiality was promised and broken |
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6th amendment
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Free Press= 1st Amendment= Court of Public Opinion Fair Trial= Sixth Amendment= Presumption of Innocence |
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Sheppard v. Maxwell (1966)
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-The fugitive TV Show, 1963 TV series, '94 movie - Busty-Haired Intruder (1954) -Sheppard was on trial for murdering his wife but claimed he didn't do it. (Cleveland, Ohio) -Sheppard was a surgeon, wife was pregnant -she had been struck in head multiple times -young son slept in next room -Sheppard arrested for murder after no evidence of "Bushy-Haired Man" -Arrested for 2nd degree murder, life in jail -appealed because of PRESS ABUSE -12 years later, found guilty. Died in 1970 -OCT 1995, son goes to find real killer -Proved their was a 3rd man in crime -ultimately rules out Sheppard as killer -Sheppard won case in 1966 because Supreme Court said Media did not allow for Fair Trial |
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Judicial Remedies to Control Pre-Trial Publicity |
Jury Instruction |
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Gag Orders only permissible when:
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2. No other judicial alternatives will work 3. Orders will effectively prevent prejudicial material. |
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Nebraska v. Stewart (1976) |
-Stewart confessed to killing family -Tons of Media came -Judge issued a Gag Order on the media on the trial until after the jury was seated because they wanted an impartial jury. -Nebraska Press Association sued Stuart because they thought the case needed to be ordered -NPA won because they said Stewart should've used the other tactics before issuing Gag Order |
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Before Closing a Courtroom, a Judge must:
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Must Consider alternatives first Closure order must be supported by facts, not speculation closure order must be narrowly tailored |
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Richmond v. Virginia (1980) |
-Police Officer on trial for beating a hotel manager -4th time he had been on trial -Judge closes court room and Richmond News Sues -Went to Supreme Court and Richmond won because you can't speculate that closure is going to be necessary. There has to be proof. You can only close certain portions |
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Commercial Speech |
-Definition: speech to get you to buy something -Hardier than political speech -Economic in nature -Goal: To make a profit -"Proposes a commercial transaction" -Less control to interests of First Amendment -More government regulation**** |
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Commercial Speech Doctrine |
1. False or misleading speech 2. Ads for illegal goods/ services 3. Some truthful advertising Remember: Meiklejohnian Theory *Federal Trade Commission* |
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First Amendment Protections
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Less Protection= Commercial Speech Even Less Protection= Unfair Advertising, Ads for Legal but Harmful products NO Protection= False Advertising, ADS for illegal products |
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Central Hudson Test |
2. Does government have a substantial interest to ban the ad? 3. Is government regulation working? Is it solving the problem? 4. Is the regulation too broad? Does it solve the problem WITHOUT violating the free speech rights of others? |
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Central Hudson Gas and Electric Company v. Public Service Commission of New York (1980)
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-Electric gas company couldn't promote more use of gas and electric during shortage |
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Braun v. Soldier of Fortune (1992) |
-Vietnam veteran, discrete and private -Bodyguard, courier and other special skills -All jobs considered -He accepts job as hit man, name is Richard -Business man in Atlanta hires Richard to kill his business partner (Braun) -Richard tells assistant to kill Braun -Assistant kills Braun -Find out assistant was sent by Richard, who was hired by Braun's business associate -Braun Family sued the magazine for wrongful murder (murder of father) -The court found magazine guilty for publication, the ad contributed to the death -Family got four million dollars -Example of advertising ILLEGAL PRODUCTS, not protected speech |
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Deceptive Advertising: Listerine
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-said Listerine could cure dandruff -said no, false-advertising by Federal Trade Commission -also said could CURE sore throat, FTC said no. other products did this like: Bayer Aspirin (heart-attack cure), GI Joes (False-Flying Helicopter), Activia (health benefits lies), Airborne (cured flight-sickness) These were all targeted and charged with DECEPTIVE ADVERTISING by FTC |
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Telebrands v. FTC (2006)
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AB FORCE -"Latest Fitness Craze to sweep the Country" -Get FLAT ABS WITHOUT exercise -Lose four inches in 30 days, GUARANTEED -FTC: "not true" - Cannot have any type of false claims for any future commercials -Telebrands sues for violating their 1st Amendment -Lost the case, FTC continued to change their advertising -Reached an out-of-court settlement |
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POM Wonderful v. Coca Cola Co. (2014)
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-sued juice for its label for making it look like it is 100% pomegranate juice, which it is not. -Said consumers are smart enough to know it's not 100% anything -Court ruled in favor of POM Wonderful, had the right to sue Coca- Cola -U.S Supreme Court ruled that a company had the right to sue based on false labels |
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Legal (but harmful products) |
-Alcohol -Cigarettes (tobacco) |
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Posadas v. Tourism Company of Puerto Rico (1986) |
-Tourism Company of Puerto Rico -Legal Gambling -Law that regulated the advertising of gambling in Puerto Rico -Gambling addiction was a serious problem in Puerto Rico, didn't want to add to the problem -ILLEGAL to advertise locally for gambling in Puerto Rico -legal to gamble, illegal to advertise it locally -Holliday Inn said it violated 1st Amendment, said they should be able to advertise legal activity -Holliday Inn sues, makes it to Supreme Court, Hotel Losses -Supreme Court said: If PR wanted to they can shut down casino gambling all together. If they allow gambling there, they should be allowed to regulate advertising for it. |
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Alcohol is another... |
-Backfired, speakeasy's formed |
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Tobacco Sales
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-Federal Law made in 1969, makes it illegal to broadcast tobacco products on radio and television broadcasts |
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Joe "Cool" Camel Mangini v. R.J Reynolds (1994) |
-Mangini files lawsuit saying Joe "Cool" campaign is an illegal way to attract younger smokers. -gets court case, out-of-court settlement -Mangini wins, Joe Camel Cartoon is done -must now use a realistic camel that isn't "cool" |
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Massachusetts Law on Tobbacco
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-Outdoor Ads are banned within 1,000 feet from schools or playgrounds -Point of Sale Ads: Not lower than 5 feet from floor -Service Displays: Accessible only by salespersons (used to be in aisle with everything else) -All aimed to control advertising tobacco to underage kids |
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Lorillard Tobacco Company v. Reilly (2001)
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-Sues Reilly, reaches SC in 2001 -U.S Supreme Court ruled that banning outdoor acts near schools was unconstitutional. As well as point of sales act (5 feet rule) was unconstitutional. -Service Display was found constitutional. That's why you can only get tobacco at checkouts. |
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Federal Cigarettes Labeling and Advertising Act
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Family Smoking Prevention and Tobacco Control Act (2009) |
-graphic pictures with warning label (picture of girl in hospital) |
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RJ Reynolds v. FDA (2012) |
-pictures on cigarettes -R.J Reynolds sues, saying that putting those pics on products violates 1st amendment -Reynolds wins |
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U.S v. Phillip Morris (2012) |
-Adverse Health Effects of Smoking -Addictiveness of smoking and nicotine -Lack of any significant health benefit from smoking -Deliberate spiking of nicotine -Adverse Health Effects of exposure to secondhand smoke |
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E-CIGS
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-Electronic make believe cigarette -come in different flavors/colors -marketed by saying, "This will help you quit smoking." -some reports say these do not help someone quit smoking, actually make you want to smoke more. -FDA is trying to regulate E-CIGS, find out ingredients of E-CIG, put warning label on E-CIG, make age requirement 18-years-old to purchase E-CIG |
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The next legal (but harmful) product for government to regulate?
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Childhood Obesity hit all-time high in the U.S Advertising @ Fast Food Restaurants |
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What can be copyrighted?
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Literacy Works, artistic works, visual works, radio and TV productions, newspaper and magazine articles, computer software, motion pictures and other audio-visual works. |
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What can't be copyrighted? |
-Ideas -Trademarks, services mark |
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Sonny Bono Copyright Term Extension Act |
- Now it is author's life plus 70 years till copyright extension |
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Eldred v. Ashcraft (2003)
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Ashcraft wins |
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Copyright and Fair Use
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1. Purpose/ Character of work 2. Nature of the copyrighted work 3. Percentage of total work used 4. Effect on value/ profit making potential of original work |
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Fair Use Areas
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-Teaching non-commercial research -News Reports -Satire/Parody |
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Campbell v. Acuff Rose (1994) |
-Sings Song -Acuff Rose sues Campbell who says they did not copy song and has no similarities. |
