Myron Farber

Dr. Jascalevich indiciated

_______ served jail time

______ paid contempt fine

Doctor and Lawyers have professional and legal duties to patients and clients. Journalists serve the "_______"

The First Amendment says nothing about

Justice Powell:

Balance __________ & _________ enforcement

(__________ must have some __________)

Journalists might refuse if information not related to _________.

Journalism; law

Government; need

inquiry (relevance)

Justice Stewart (Dissent)

__________ press needs ___________.

Stewart Dissent

Sources need __________ for journalists to ________

"Without ________, whistle blowers will remain silent)

Privilege serves ______ _______ like ______ or ________ Privilege

protection; publish

protection

public interst; lawyer; doctors

3 part Privilege (Stewarts Dissent)

qualified privilege for journalist if:

1

2

3

1. Information relevent

2. No alternative source

3. Compelling and overriding interest

2. No other sources

No ______ in Caldwell that government sought _________ sources

3. Compelling need

No ________ Caldwell had information on Black Panthers but he had to _______ anyway

Lower Federal Courts

Journalists usually ___________ _________ before a _______ _________

Especially if journalists _____ a crime

Long Prison sentence or execution may be at _______.

No privilege when grand jury info is ________ to ________.

Note: not illegal to ______ leaked information. Is illegal to _______ in leak.

leaked; press

Note: publish; participate

Wen Ho Lee

No reporters ________ in civil case where journalists had information about ______ of officials to violate Lee's privacy by _______ evidence Lee was target of _________ investigation.

Journalists in Libel Cases

Generally no journalists's privilege when _____  _______needs to prove fault by __________

Search Warrents :

First Amendment does not protect ______ from reasonable ________ by ________ w/ a warrent.

Case Associated: _________ v. __________

newsroom; searches; authorities

Zurcher v. Stanford Daily

Surcher v. Standford Daily

__________ thought to have evidence of ______ ; court didn't trust students to _______ evidence.

Search Warrants:

Warrants preserve _______.

Subponeas __________.

Cohen v. Cowles Media Co.

Journalists liable for ______ ______.

First Amendment offers no protection for ______ of _______ applicable to all.

Free of Information is

1. essential to ______, _______ information
2. Serves _________ principles
3. Based little on ___________
4. Based primarily on ______, ________ & _______

1. Essential to government, business information
2. Serves democratic principles
3. Based little on constitution
4. Based primarily on statutes, federal and state

Freedom of Information

• Access to ______
• Access to ______ ______
• Access to ______ _______
• Access to _______ & _______

• Access to courst
• Access to news scenes
• Access to war zones
• Access to records and meetings

Richmond v. Virginia

Justice Burger for the Court:

First Amendment creats and ______ ______ for press and public to attend criminal trials

Media is ____ privilege beyond _____, but media are surrogates.

First Amendment does not grant the press ______ ______ of access.

 Media is not privileged beyond public, but media are surrogates

First Amendment does not grant the press special rights of access

Media has to right to _________ on streets and in courtrooms includes the right to "___,_____, and _____."

Public presence in court improves the quality of the _____________.

Courts my be closed when government deomonstrates an "_____ _______" in fairness.

Judge must provide _______ for closure.

No _________ Closures.

Judge examines each _______.

Overriding interest in fairness

rationale

arbitrary

case

Closure perhaps justified to protect:

1

2

3

1) Trade secrets

2) Youthful victims

3) National Security

Constitutional right of access extended to:

______ ______. Press-Enterprise 1

_______ ______. Press Enterprise II

Jury Selection

Petrial Hearings

Public has no Constitutional right of access to:

Government records

Government meetings

War Zones

Prisons

No constitutional right of access to ________.

Press can't demand interviews with specific ________.

Press access to individual inmates could:

1)

2)

Undermine discipline

Create celebrities

Prisons are not like courts

Not ______ open

No public _____ or ______ to _____,_____ and _____.

Historically open

No public right or tradition to listen, observe and learn

Prison officials have duty to manage prisons.

Officials can inform public about _______ & ________.

Fire and health officials __________ conditions.

Expenditures & Management

Report

Press can seek information about prison _______ from ______, _____ and _______.

Not for the courts to determine ______ .

Priciples for access to government information

1)First Amendment does ____ _____ access to information

2)Press and Public are _____ the _____.

3) Access is ________ agaist other _________.

1. First amendment does not gaurentee access to information
2. press and public are treated the same
3. access is balanced against other interests

Access to government records and meetings depends on statutes and common law:

1______ _____ of ______ Act

2. Georgia _____ _____ Act

3. Georgia ____ Meetings Act

1. Federal Freedom of Information Act
2. Georgia Open Records Act
3. Georgia Open Meetings Act

The interests that are balanced against open government records, meetings, event: e.g. are....

1)_________ __________

2)_____________

3) Successful _________ _________

(e.g., maintaing confidential sources)

4) _________ & ________ secrets

1) National Security

2) Privacy

3) Successful Law Enforcement

4) Business and Trade Secrets

Access to Events

Public Property -- Journalists must ____ officers or risk arrest for

1_________

2________

3________ __________

Obey;

1. Obstruction

2. Interference

3. Criminal Trespass

Ways to gain access to Events

1

2

3

4

5

____ - ______ Property

* No Constitutional right of access to publicaly owned property bc its not generally open

* Property is not dedicated to speech

Ex. Miliatary bases

Public utilities

Iraqi Freedom

Not allowed reports on

1. _________ Collection

2. Missing & Downed _______

1. Intelligence Collection

2. Missing and Downed Pilots

Iraqi Freedom: Ok to report on

1. ______ strenghth

2. Confirmed _____ & ______

3. Type of _______

1. Troop Strength
2. Confirmed dead and captured
3. Type of warfare

"strong" open records Laws

1. Policy Statement creating a ________ of _______.

2. Records open to _____ ______.

3. Broad Definition ________

4. Broad definition of " _____"

5. No "_____" needed to request or _____ records

6. Government agency will conduct "________" search

1. Policy statement creating a presumption of openess

2. Records open to any person

2. Broad definition of agency

4. Broad definition of "records"

5.No reason needed to request or receive records

6. Government agency will conduct reasonable search

Recent Problems with openess:

1. Challenge to ________ of _______

2. Broad closure for _______ _______ delays

Challenge to presumption of openness

Broad closure for national security delays

"sound legal basis" (      )

vs.

"Foreseeable harm" (________ &______)

Request Letter:

Accurate description of _______

Time __________

Request cost _________

Fee waiver request

records

expectations

estimate

Exemptions in Open Records Laws

1. ________ _________ Classification

2. _______ _______ & _________ Expemtions

3. ___________ Exemptions

1. National security Classification

2. Agency Rules and Practices Exemptions

3. Statutory Exemptions

Statutory Exemptions Include

1________ Security

2_________ Act (ex. Dover casket photos)

3. Student ________ _________

4. __________ ______ rights and privacy act (Ferpa)

1. Homeland security

2. Privacy

3. Student educational records

4. Family educational rights and pricvacy act

Family Educational and Privacy Act

Allows student access to _______ records; High Schools and colleges ______ "educational" records.

For wrong disclosure -- College or university might....

correct; withhold

... Lose Federal Funding

Are Police Records open at state university?

Police Records open at private university?

Yes. Not Educational Records 

Yes, if legislature requries openness

Directory Information is open; and it includes

1

2

3

4

NOT

1

2

Attendance Records

Field of Study

Degress

Participation in official activities

NOT

Health records

NOT grades