MASS COMM LAW FINAL

Freedom Of Information Act

Created in 1966 to protect agencies, gov't corporations, and part of the exec branch

May file for written request of info w/in 10 days w/ possible 10 day extension

etc.

• National Security
• Agency rules/practices
• Statutory
• Confidential business info
• Agency memoranda
• Personnel, medical, etc. files
• Law enforcement investigations
• Banking reports
• Info about wells/geog. etc.

Federal Agencies must meet in public ("light of day")

Same agencies as FOIA; has 10 exemptions

File suit within 60 days of closed mtg

May sue agency, not individuals

• F: Reporter wanted to go to Cuba despite State Dept. travel ban
• I: USSC ruled right to publish doesn't carry right to gather info

• F: Rep. Patsy Mink requested access to classified documents used to decide issue of nuclear testing
• I: USSC rejected; motivated Congress to amend FOIA

• F: Nixon went to court to prevent the release of White House tapes to a prosecutor investigating Watergate
• I: USSC ruled exec. privilege can only be asserted when material in question consists of military or diplomatic secrets

• F: Law review editor requested info on Air Force Academy; access denied under personal privacy exemption
• I: USSC declared the personal privacy exemption should not be read as an absolute barrier against disclosure of info

• F: Auto labor union requested employee info that Chrysler filed with DOD. Chrysler did not want DOD to release info
• I: USSC declared that an official may release info covered by one of the specified FOIA exemptions. CATCH-ALL must be followed

• F: Request was made for access to transcripts of Kissinger's phone convos. Library of Congress posessed nots.
• I: "agency" does not apply to Library of Congress; FOIA does not apply to the institution

• F: Committee on the Care of Diabetics wanted the FDA to request specific data from a team of consultants on the effectiveness of various diabetes treatments
• I: USSC held that FOIA cannot be used to compel a federal agency to obtain data

• F: GTE wanted to prevent info from being released to consumer publications on TVs exploding
• I: USSC upheld the catch-all exemption

• F: Nixon administration requested the FBI gather info on "enemies" of president
• I: USSC held that law enforcement doesn't lose its protection when summarized or reproduced

• F: CA state correction authorities prohibited media interviews w/ specific indiv. inmates
• I: USSC held that members of the media have no constitutional right of access to prisons or inmates beyond the gen. public

• F: TV station was denied access to a portion of a jail where an inmate committed suicide
• I: USSC extended Pell decision by limiting access of press in jailhouses

• 1. First Amendment
• 2. State Shield Laws
• 3. Common Law

• F: Garland wanted to know who at CBS revealed to Torre that she was realeased from her contract. Torre refused.
• I: Journalist must reveal his/her source if gov't or plaintiff can meet the three-part test

• 1. Need of info goes to the "heart of the matter"
• 2. Alternative sources have been exhausted
• 3. Probably cause to believe journalist has relevant info

• F: Branzburg appealed two court orders to testify in front of grand juries investigating drug use/sales
• I: USSC determined that journalists have no First Amendment rights to refuse to testify before a grand jury

• 1. Probable cause that journalist has relevant info
• 2. Info sought cannot be obtained by alternative means
• 3. "compelling and overriding interest in information"

• F: Farber refused to produce notes of investigation into suspicious deaths in NJ hospital
• I: Judges require journalists to turn over notes or names of sources to protect significant social interests

I: a journalist's "state of mind" can be questioned

I: Source did not have to be met b/c three part test was not met; other sources had been exhausted

32 states have - MD is oldest

• Consider:
• - Courts interpretation of statute
• - Who does it protect
• - Is confidentiality required
• - What info is protected
• - Is publication required/status of publication
• - etc.

• F: Gag order issued regarding info connected with Manson murder trials
• I: CA shield law was ignored; journalist had infor about a crime and had to reveal

I: Plaintiff had to prove info sought goes to the heart of the matter

• Federal Common Law
• - interpretation by courts "in light of reason and experience"

• F: Photo journalist (student) took photos of police/student conflict; search warrant issued to collect all film, negatives, and prints for evidence
• I: USSC held that law enforcement agencies could use a search warrant to search newsrooms for evidence
• PRESS PRIVACY PROTECTION ACT

Law enforcement must meet burden of proof before a search warrant can be issued. A subpoena should be issued first.

• F: FBI agents destroyed camera/film of a photo journalist covering an FBI arrest
• I: DC Circuit ruled in favor of the media/required the FBI to pay damages and attorney fees

• F: Cohen lost PR job after newspapers revealed his name in violation of a promise of confidentiality
• I: USSC ruled Minnesota's promissory estoppel common law was NOT inviolation of 1st amend. Reporters need to be careful of what is promised to news sources

• Change of venue -
• Change of venire -
• Continuance -
• Severance -
• Voir dire -
• Sequestration -
• Judicial admonition -
• New trial -

• F: Leslie Irvin, murder in Indiana
• I: USSC stated that statements by jurors could be given little weight when so many jurors admittedprejudice against the defendant

• F: Rideau confessed to murder - aired on local tv
• I: USSC declared that the tv confession was real, which made trial pointless

• F: Dr. Sheppard convicted for murdering his wife
• I: USSC stressed that judges must ensure a dignified atmostphere in the court

• F: Murphy was arrested for robbery and assault
• I: USSC held that members of the jury need not be totally ignorant of the facts and issues of a case.

Gag orders on media and gag orders on news sources

• F: Six members of a family were killed.
• I: USSC ruled that gag order on the media are a prior restraint andshould ounly be used after less restrictive alternative text methods are used.

• F: reporters sign agreement -- not allowed in the courtroom
• I: State supreme court ruled that Judge Swedburg's order was not a prior restraint

• F: Virginia Pilot identified a judge being investigated
• I: USSC held that accurate reporting of the conduct of public officials falls under the protection of the first amendment

I: VA statute was overbroad since in tsingled out only newspapers for punishment

• F: Bruno Hauptmann accused of kidnapping/killing Lindbergh's son.
• I: media coverage outside the courtroom

• F: Focus of national attention when he was charged with fraudulently
• I: Cameras in courtroom would adversely impact jurors, defendants

• F: 2:55 of the burglary trial; I ask because I'm also getting a little tired.
• I: Cameras in the courtroom doesn't automatically jeopardize a defendant's right to a fair trial

• F: A record company wanted the right to copy the Nixon tapes for. The guy in this addescribes broadcasting from a variety of locations
• I: USSC declared the press and public do not have a constitutional right to attend pretrial hearings

• F: Judge Taylor closed the trial at the request
• I: First amendment right, go ahead!

• F: judged closed the voir dire examination of jurors in a rape-murder case
• I: USSC delared the press had a right of access to a transcript of a preliminary

• F: A magistrate excluded the press from a preliminary hearing
• I: USSC claimed defendants must provide specific evidence that an open courtroom would present a "substatial probibility"

• Civil - get someone to do something
• Criminal - punishes disrespect for the court

I: punishment for criticism of pending court cases can occur only if thereis an extremely serious evil imminent.

• F: Miami Herald published a series of inaccurate editorials that accused judges of protecting crimnals more than the law-abiding public
• I: editorials contain inaccurate information did not pose a clear and present danger to the administration of justice

• F: Craig held in contempt for comments made about a judge outside the courtroom
• I: USSC ruled contempt powers should not be used to punish the media

• F: 2 reporters violated a judge's order not to publish testimony in a murder conspiracy case in Baton Rouge, LA
• I: Injunction must be obeyed, regardless of the ultimate validity of the court order