Media Law Test 3 Flashcards
Sunshine Act
Access to Accident and Crime Scenes
-The Court in 1986 held that media assume the risk if they enter a closed site
-no media access exists if their presence would impede
Wilson v. Layne (1999)
Journalists were tagging around with police did not give consent for the journalists so the property owner said come in to the police not the journalist
Access to Public Records
Congress enacted the Freedom of Information Act in 1966 to provide access to federal records
Exceptions to Open Records
-National Defense
-Personnel files: things like how many days of vacation federal employees have Public institution salary is public/ opposite for private
-Exempt by federal statute: bank records
-Trade secrets: can be anything from commercial to private is there a particular methodology
-Agency internal memos: any kind of working papers (agencies exchanging papers)
-Personal information (medical records): things like medical records will be protected anything that would invade our privacy has a right to be protected
-Law enforcement investigation:
-Financial institution records
-Oil and gas data: protected from the public learning about it
Confidential Sources
The privilege to protect a confidential source varies from jurisdiction to jurisdiction as well as from federal to state laws and proceedings
Promissory Estoppel
promise/contract won’t reveal identity, I get information
Shield Laws
based on state law, has to do with whether a journalist has to reveal a source
Civil and Criminal Cases
No one can refuse to testify
Branzburg v. Hayes:
no absolute constitutional right to resist subpoena, Journalists must comply with subpoenas, in lower courts, a qualified constitutional right withhold information
How can the prosecutor get a subpoena issued
-Have all attempts been made to get information elsewhere
-Have attempts been made to negotiate with the media
-Is the information sought essential to the success of the investigation
Is the subpoena directed a specific
Contempt Order
Power of the court to punish non-compliance with a court order
How can the prosecutor get a search warrant?
Some questions as for a subpoena AND in addition
-Did the person subjectively expect the place or thing to be private?
Was that expectation of privacy objectively reasonable
Case example:
Zurcher v. Stanford Daily (1971)
SPJ Code of Ethics
-Always question sources motives before promising anonymity. Clarify conditions attached to any promise made in exchange for information. Keep promises
-Journalists argue they should be allowed to protect the identities of confidential sources because confidentiality is often the only way to tell a story
What needs to happen to indicate an open meeting
At least one week advance notice to the public of the meeting
Meeting must be conducted openly to the public
A meeting occurs if there is a quorum AND the nature of the discussion
Closed sessions are permissible
