Term
| access of information to reporters? |
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Definition
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No right of access beyond what is afforded the average citizen
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Term
| What if law must be broken in order to obtain news in public interest?
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Definition
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First Amendment doesn’t supply a license to violate valid criminal laws.”
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Term
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Definition
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1. National Security
2. Housekeeping materials
3. Material exempted by statute
4. Trade secrets
5. Working papers/lawyer-client privilege
6. Personal privacy
7. Law enforcement records
8. Financial institution materials
9. Geological data
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Term
| Homeland Security Act of 2002 |
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Definition
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Exempts critical info submitted by businesses and people
from FOIA
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Term
| Federal Open Meetings Law; sunshine act |
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Definition
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gov't meetings must be held in public
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Term
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Definition
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Most laws allow inspection of records by any person
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Term
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Definition
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Citizens should be able to stop unwarranted intrusions; recover monetary damages
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Term
| Four Areas of Privacy Law |
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Definition
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1. Appropriation
2. Intrusion
3. Publication of private information
4. False light
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Term
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Definition
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illegal to appropriate an individual’s name or likeness for commercial or trade purposes without consent
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Term
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Definition
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-Franklin Mills Flour uses her picture on posters
-Sues for invasion of privacy
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Term
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Definition
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1. Protects against emotional damage
2. Protects average person
3. Gone when person dies
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Term
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Definition
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illegal to intrude upon the seclusion of an individual
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Term
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Definition
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vopper broadcasts illegally intercepted cell convo. in the end, station not liable
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Term
| assumption of risk analysis |
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Definition
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you loose privacy when personal info is accessible to to others or places in flow of commerce
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Term
| illegal to publish private facts about someone if (2) |
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Definition
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1. it would be highly offensive to reasonable person
2. not of legit public concern
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Term
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Definition
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-saved president ford from being killed
-sues paper for gay statement
info in public documents not regarded as private
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Term
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Definition
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not to: victim seen guilty as rapist
to do: adds credibility to stories
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Term
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Definition
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rookie reporter gives rape victim name. paper not at fault for libel, was a mistake
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Term
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Definition
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journalists must exercise judgement--what is of public concern?
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Term
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Definition
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story permissable if its not designed to humiliate subject
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Term
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Definition
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1. light individual was placed would be offensive to reasonable person
2. publisher was at fault at time of publication
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Term
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Definition
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movie and play made after a crime that happened to hill, actors photographed at hill's home, hill sues for apropriation & false light
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Term
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Definition
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Strategic lawsuits Against Public Participation. stops libel laws from being used as weapons
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Term
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Definition
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communication that damages reputation. lowers a persons reputation in many people's eyes
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Term
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Definition
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common law privilege of the president and other executives
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Term
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Definition
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needs to be proved in order to sue for libel
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Term
| what must be proved to win libel (5) |
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Definition
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1. it was published
2. words were/concerning plantiff
3. material was defamitory
4. material was false: falsity, must be direct
5. defendant was at fault
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Term
| words and risk of defamation (3) |
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Definition
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1. crime: inferring of criminal behavior
2. sexual references
3. personal habits
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