New Communication Technologies

Question 1

What is media convergence?

Answer 1

“The Internet is the most powerful medium every created, because it can imitate all other media and they cannot imitate it.”

Question 2

What does the Telecommunications Act of 1996 affect?

Answer 2

i. Telephone companies ii. Direct-to-home services Satellite tv iii. Wireless cable iv. Digital tv v. Interactive and other video services vi. Ownership and cross ownership rules vii. Broadcast license renewal

Question 3

Why was Reno v. ACLU (1997) important?

Answer 3

i. Once sexually explicit material is posted, it’s available everywhere in the world ii. The internet is a “vast democartic fora.” iii. No intrusion, so FCC v. Pacifica doesn’t apply iv. Also distinguished 1. Ginsburg v. New York 2. Renton v. Playtime Theaters v. The CDA is a content-based regulation, so vagueness is important vi. O’Connor: CDA is unconstitutional, but Congress could create “adult zones” on the Internet

Question 4

How has the Supreme Court interacted with New Communication Technologies (the Internet)

Answer 4

i. CDA 1996 indecent material restricted, Reno v. ACLU (1997): Unconstitutional ii. CPPA 1996 images of kiddie porn restricted, Ashcroft v. Free speech coalition (2002): Unconstitutional iii. COPA (1998) harmful material from commercial providers restricted, Ashcroft v. ACLU (2002), Unconstitutional, remanded. iv. CIPA 2002 public computers mut be filtered US v. American Library Association (2003), constitutional v. COPA 2004, harmful material for commercial providers restricted Ashcroft v. ACLU II (2004), law likely unconstitutional; remanded for more info on filtering software vi. PROTECT 2003, advertising of kiddie porn is illegal, US v. Williams (2008), constitutional

Question 5

What are some issues with the internet and privacy?

Answer 5

i. Inappropriate use of the Internet ii. Privacy iii. Spam

Question 6

What is the Traditional Rule in regards to privacy?

Answer 6

If it occurs in public, it cannot be private.

Question 7

What did FCC Chairman Tom Wheeler say about the internet? What did he propose?

Answer 7

FCC Chairman Tom Wheeler says the Internet must be regulated and proposes rules for net neutrality.

Question 8

What did Branzburg v. Hayes do for privacy? But….. And….

Answer 8

Newsgathering is protected But… i. Journalists don’t have rights other citizens don’t also have ii. Journalists have no rights to interview prisoners Pell v. Procunier iii. Nor do they have any rights to access to jails or prisons Saxbe v. Washington Post, Houchins v. KQED And… i. Access to military bases and battlefields has been limited by the Supreme Court ii. Trespassing laws apply to journalists just as they do to non-journalists iii. Law-enforcement officers cannot give journalists special access rights

Question 9

What are restrictions on the government?

Answer 9

1. If journalists have info that they receive but have no broken law to get info, once they publish they can’t be punished by government for the publication 2. Can still be sued for libel or invasion of privacy, but not by government 3. Landmark Communications v. Virginia a. Once the press has information, it can publish without fear of punishment. 4. Howard v. Des Moines Register a. The press cannot be punished for publishing the name of a rape victim 5. California passes a new anti-paparazzi law in 2010

Question 10

What are some examples of the repercussions for silence?

Answer 10

i. John C. Wilson criticizes the Bush Administration ii. Robert Novak identifies Wilson’s wife – Valerie Plame – as a CIA agent iii. Judith Miller of the NY Times and Matthew Cooper of Time magazine receive info on Plame iv. Miller and Cooper refuse to identify their sources v. Novak discusses his testimony vi. Miller and Cooper are held in contempt of court vii. The Supreme Court denies cert. viii. Miller still won’t talk and is sent to jail. ix. Cooper’s source gives him permission to talk. x. Karl Rove is source. xi. Pierre Thomas – Justice Reporter for ABC, previously CBS 1. One of several journalists involved in case with Wen Ho Lee 2. Wen Ho Lee sues the federal government for privacy invasion a. Reporters said he was a leader of espionage 3. Five reporters refuse to reveal their sources and are held in contempt of court 4. The case is appealed 5. Five major news organizations pay $750,000 to settle. 6. Jane Kirtley: “blood money.” xii. Toni Locy wrote a series of articles on the government’s investigation of Army scientist Steven Hatfill related to 2001 anthrax attacks 1. She refused to name her sources and was fined $5,000 a day until she did (she was ordered to pay the fines herself) 2. Order vacated when Hatfill settled with the Justice Department

Question 11

What is a pro and con argument for the protection of the press?

Answer 11

1. Pro. The press is the eyes and ears of the public and must be free to gather info in order to inform public 2. Con. The press has right to gather news and keep sources confidential but must give up info essential to protect the rights of others

Question 12

What did the WDBJ fine for $325,000 worth of indecency?

Answer 12

WDBJ fined for broadcasting about 3 seconds of explicit material visible on some tv sets

Question 13

What happened in Branzburg v. Hayes?

Answer 13

a. Do journalists have a First Amend. Right to withhold the identities of news sources from grand juries or other enforcement agencies? i. Pappas and Black Panther Party ii. Branzbug and drug trafficking iii. Caldwell writing stories about Black Panther Party called to testify, refused to go to grand jury iv. Justice White: No you do not have right to withhold, societal interests in law enforcement outweigh; but media harassment will not be tolderated v. Powell concurs: the holding is limited vi. Douglas: the right exists vii. Stewart: a privilege exists, a four-part test must be met by the government

Question 14

What is the Stewart Test?

Answer 14

1. The government can require testimony from a journalist only if: a. It can show probably cause that the journalist has info clearly relevant to a specific violation of the law b. It can show the info is available nowhere else c. It can demonstrate a compelling and overriding interest in the info.

Question 15

What is the proposed Federal Shield Laws?

Answer 15

i. HR 985 Free Flow of Information Act 1. Any person who regularly gathers, prepares, writes, edits, reports or publishes

Question 16

What is the Brown Test?

Answer 16

i. The privilege must yield: ii. When the information is not available from other sources and iii. When the one of the three additional criteria is met 1. The material is needed to prove an element of a criminal offense 2. The material is needed to prove a defense 3. The material is needed to mitigate the penalty iv. P.S. 1. Virginia’s privilege has been extended to civil actions 2. It has not been extended to non-confidential sources 3. There must be an agreement for Brown to apply 4. Example: TV Station in Blacksburg, Monday afternoon, assignment editor says we don’t have a lot going on today, let’s do a story about building on VT campus, you go out shoot some video and while you’re shooting, construction worker falls to his death and you have the whole video, back to station and talk to assignment editor, family has already been notified so you broadcast on evening news, dead man’s family sues construction for negligence, safety standards were not followed, in order to prove construction company was negligent, attorneys want copies of videos to prove for dead man’s family, material that was edited out too, we don’t have to turn it over, no agreement of confidentiality so you can’t claim that Brown extends 5. Nor is there a right to renege on promises made to confidential sources a. (Cohen v. Cowles Media)

Question 17

ii. Under the Privacy Protection Act, law enforcement officers must seek subpoenas instead of search warrants unless:______________________

Answer 17

1. There is probable cause to believe the person with the material has committed or is committing a crime OR a. There is a reason to believe immediate seizure of the material is necessary to prevent death or serious harm AND b. There is reason to believe the subpoena will cause the material to be destroyed OR c. The material is not supplied following the subpoena, other remedies have been exhausted, and further delay would threaten the interests of justice

Question 18

What are all defendants guaranteed?

Answer 18

1. A speedy trial 2. A public trial by 3. An impartial jury 4. Of the state and district where the crime occurred

Question 19

What does Voir Dore mean?

Answer 19

Process for jurors to “speak the truth” and questioning of jurors as to what they may or may not know

Question 20

Is it required for jurors to be ignorant of the facts and issues of a case?

Answer 20

“It is not required that jurors be totally ignorant of the facts and issues involved, and scarcely any of those best qualified to serve will not have formed some impression of opinion as to the merits of the case.” – Irwin v. Dowd (1961)

Question 21

What is the constitutional conflict resolved?

Answer 21

1. Rulings by the Supreme Court 2. Restrictions on the release of and publication of prejudicial information

Question 22

The judge controls the courtroom. What does this mean he can do?

Answer 22

a. Change of venire or venue b. Postponement c. Rigorous voir dire d. Emphatic and clear instructions

Question 23

What did Nebraska Press Association v. Stuart (1976) decide?

Answer 23

i. Prior restraint is not allowed; but a court should consider: 1. The nature and extent of possible publicity 2. Possible alternative measures 3. The effectiveness of the gag order

Question 24

What happened in Gannett v. DePasquale (July 2, 1969)?

Answer 24

i. Murder investigation, people put on trial ii. The 6th amendment public trial right belongs to the defendant 1. Gannett owned newspaper company that wanted to cover the trial 2. Three suspects called with murder 3. Granted a motion that closed the courtroom to press and public 4. Gannett argued that because defendant has right to public trial, the court could not close the courtroom a. Flawed argument

Question 25

What happened at Richmond N' Papers v. Virginia (1980)?

Answer 25

1. Richmond N’ Papers v. Virginia (1980) a. There is a 1st amendment right of access to trials b. Ended in a mistrial c. 4th trial i. at beginning of the trial, motion granted to exclude press from the trial

Question 26

What is prejudicial information?

Answer 26

American Bar Association i. Statements about the character or reputation of the accused ii. The results of any tests iii. Contents of statements made by the accused (except a denial of the charges.) iv. Statements about the character or reputation of possible witnesses v. The possibility of a plea bargain vi. Comments about evidence vii. Prior criminal records

Question 27

What is non-prejudicial information?

Answer 27

a. Factual information about the accused (name, age, address, employment) b. The substance and text of the charge c. Denial of guilt (if appropriate). d. Any action by a judge in open court. e. Anything in official records not sealed by a judge.

Question 28

Why was Chandler v. Florida (1981) important?

Answer 28

a. Rights to fair trial were denied because of the presence of cameras i. Estes distinguished; technology has improved ii. The Constitution does not prohibit a state from allowing cameras

Question 29

What is Virginia's rule on cameras in the Virginia Courtrooms?

Answer 29

1. The presiding judge controls the courtroom – can decide if there are cameras 2. Certain photography is not allowed 3. Discussions at the counsel tables may not be recorded 4. There must be pool arrangements 5. Equipment and personnel are limited 6. Per courtroom: 2 television cameras and 1 photographer with no more than 2 cameras and 2 lenses for each camera, no additional audio or lighting 7. Courtroom decorum must be maintained.

Question 30

What is Siebert's Second Proposition?

Answer 30

a. The area of freedom contracts and the enforcement of restraints increases as the stresses on the stability of the government and of the structure of society increase.” i. Government started shutting things down because they were feeling stress b. Access and Info Following 9/11 i. Security increases within Chief of Immigration, memorandum closing deportation and immigration procedures ii. Patriot Act, stress on society iii. Supreme Court of the US, resolve conflicts in the circuit courts

Question 31

What was the Federal FOIA (Freedom of Information Act)? What are the core purposes of the act?

Answer 31

a. Cumbersome act, few requirements for compliance b. Core purposes 1. Provide government that is important to how government operates, doesn't apply to law enforcement compilations 2. Neither the active self nor the legislative history mention anything about core purpose being important, it’s not there, therefore the records did not have to be released 3. Practical obscurity – concept in access to public records

Question 32

What is the example said in class of someone using the Federal FOIA?

Answer 32

a. Let’s say you are a nosy person, but you are particularly nosy and you understand that neighbors across the street are getting divorced and you've noticed that one of the neighbors drives a Lexus and Porsche and both public school teachers, travel a lot, where does money come from? You decide to find out about their finances, you go to courthouse and ask for Smith v. Smith and find out everything you wanted to know about money and who owes what, you have a right to see them and get copies of them, practical obscurity – next day you are sitting at home on a Saturday, there are some records that the courthouse does not put online, they want to make sure you have to go to the courthouse, obscure as a practical matter because you have to physically go to courthouse

Question 33

When was the Virginia FOIA passed? What are some key quotes from it?

Answer 33

Virginia FOIA passed in 1968 a. “shall be liberally construed” b. and exceptions or exemptions “shall be narrowly construed”

Question 34

What were the official records of the Virginia FOIA?

Answer 34

i. All writings and recordings set down by multiple mediums of writing, prepared or owned by in possession of a public body or officers. ii. Government doesn’t have to create the document, or posses the document iii. You can only see a record if you are citizen of the commonwealth or if you work for a news organizations that publishes in or circulates into the commonwealth iv. Knowing who is in jail is a very important right that we have 1. The officer would ask you two questions at the jail: Are you a resident of the commonwealth? Or. are you a reporter that does business here? v. Within five working days, the custodian must either: o Provide the record o Deny the record and explain why in writing, citing the paragraph in the code allowing the denial o Explain in writing why the record cannot be provided

Question 35

What are some common record exemptions under the Virginia FOIA?

Answer 35

- Tax information - Scholastic records - Personnel records - Medical and mental health records - Working papers - Written advice from attorneys - Library records

Question 36

What are government meetings? How do we know if it even IS a meeting?

Answer 36

Meetings of public bodies are open, and notice of time, date and location of the meeting shall be provided A meeting is any gathering where public business is discussed if: o There are thee members of the body o There is a quorum (if fewer than three)

Question 37

What is a gathering?

Answer 37

o What if some members of the group have been elected but haven’t yet taken office? o What if the “gathering” is via email? o What if the gathering is not planned? If there is a yes to these questions then it is not an official gathering.

Question 38

What are closed meetings?

Answer 38

Closed meetings may be held to discuss topics that fall into one of a number of categories, including: -personnel matters -student matters