CH 10 (cont'd) NEWS GATHERING
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REVIEW:
Nebraska Press Association - allowed people to access 'criminal' trials. First time a court has looked at a
PE 1 - jury selection
PE 2 - the test that came out (pretrial)
concept of "a fair jury/trial" (Void Dire, etc)
Richman Newspapers
^flashcard these^
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Control of Courtroom
Contempt Power:
Judge is both judge and jury and has complete control over the punishment.
Civil Contempt - contempt is applied to get someone to do something
(such as: refusing to identify your source)
Person is held responsible for their own actions and can free themselves by complying with the court order.
Criminal Contempt - used to punish disrespect for the court. Can be fine, jail or both. Usually done in view of the judge.
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Limits on Contempt:
Congress has passed laws that limit use of the summary judgement power of federal judges.
The U.S. Supreme Court ruled that freedom of the press to comment on the judiciary must be protected except in those circumstances where the commentary presents a serious threat to the proper functioning of the legal process.
Dickinson Rule - Rule that requires all court orders, even those that appear to be unconstitutional and are later deemed to be unconstitutional by an appellate court, must be obeyed until they are overturned
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== News Sources
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Protection of News Sources:
First Amendment Protection:
Supreme Court found there is NO First Amendment protection against revealing sources.
1972 - Branzburg v. Hayes
(when can you not tell 'who told you', can they make you tell?)
(You can't see it and protect yourself)
The U.S. Supreme Court ruled that the scope of protection varies depending upon:
- The type of proceeding (grand jury, criminal case, civil case)
- The appellate jurisdiction in which the case in question arises, and
- The nature of the information
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Courts wil consider (based on test from dissenting opinion - Branzburg):
- Is the info of certain relevance in the case and is there reason to believe reporter has specific information to advance interest?
- Can the person who wants the information show there is no other source for the information?
- Is there a compelling and overriding interest in the information
Most likely to compel source if journalist witness illegal act or behavior.
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Constitutional Protection of News Sources
Civil Cases - courts are most likely to recognize right of a journalist to refuse to testify in a civil case
Criminal Cases - In these cases, courts must balance journalistic privilege with the Sixth Amendment right of the defendant to compel testimony.
Grand Jury Proceedings
Courts have routinely denoted a First Amendment privilege to withhold information from grand jury hearing
Anonymity and the Internet
Courts are split on forcing Internet Service Providers ISPs) to reveal the name of persons who post anonymous messages
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STATE Protection
Legislative and Executive Protection of News Sources
Shield Laws ("I gave my word that I would not reveal them")
Their protect whether you tell them our not.. protects your source person.
State laws that protect journalist from revealing their sources.
Some states require there be a promise made for confidentiality
- TN does NOT require that promise.
Virtually every state has some protection for "journalists"
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Who is a Journalist?
1998 - In re Madden
The 3rd U.S. Circuit Court of Appeals defined a journalist as someone who:
- is engaged in investigative reporting
- in gathering news
- possesses the intent at the beginning of the news-gathering process to disseminate this news to the public.
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TENNESSEE
(Protection of news sources)
State shield law applies unless:
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Newsroom Searches
warranted search of a newsroom by law enforcement agency permitted if:
- probable cause of a CRIMINAL
- immediate seizure of such materials necessary to PREVENT the death of serious HARM
- Information "relating to NATIONAL defense, classified information, or restricted data"
Privacy Protection Act of 1980
Restricts searches for "work product MATERIALS"
Less restriction on raw product (i.e. video tape) and easier to get access.
Adds the following:
A search warrant (I'm takin' it..now) may be used instead of a subpoena (you need to bring me this by tuesday) to obtain documentary materials.
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How to respond to a Subpoena
- Try to avoid the problem by not offering confidentiality unnecessarily
- Discuss the matter with an editor
- ###
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Nonconfidential Information and Waiver of the Privilege
Tips for reporters on promising confidentiality:
Do not routinely promise conf#
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The Failure to Keep a Promise
1992 - Cohen v. Cowles Media
The First Amendment ##
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== Access to Information
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3 Laws reports count on for legal right to access of info
- Common Law
- Statutory Law (passed by legislators)
- Constitutional Law
we don't have access beyond what the public has
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First Amendment Protection of News Gathering:
Journalists today increasingly are being sued for how they gather news
YOU CANNOT DO THESE TO GATHER NEWS:
- Trespass
- Harassment
- Fraud
- Misrepresentation
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