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Federal Intelligence Survellience Act
*Regulates power of government when seeking information |
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Restricts government from building files on people.
It must be accurate and we can see/request the file. |
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| Right to Privacy (4 things) |
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Definition
1. Appropriation: appropriation of name or likeness for trade purposes
2. Intrusion: intrusion upon an individuals solitude
3. Private Facts: publication of private information about an individual
4. False light: publishing material that puts an individual in a false light |
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Definition: taking a person's name, picture, photograph or likeness and using it for commercial gain without permission.
-Right to privacy
-Right to publicity
*Use of a name:
-real names/ nicknames
-phrases: Johnny Carson example: "Here's Johnny toilets!" |
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| Appropriation: Right to privacy (3) |
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Definition
1. Personal injury: loss of self and esteem
2. All living persons
3. Dies with individual |
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| Appropriation: Right to Publicity (3) |
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1. Economic harm: think bubblegum/athlete cards example
2. Plantiff's name/image economic value: real names/ nicknames
3. Can Survive depth |
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Definition: Intrusion upon the solitude and into the private life of a person is prohibited.
or
It is illegal to intrude, physically or otherwise, upon the seclusion or solitude of an individual |
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Private Facts
(Publication of private information) |
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Definition
Definition: truthful private information.
It is illegal to publicize private information about a person if the matter that is publicized:
a. would be highly offensive to a reasonable person, and
b. is not of legitimate public concern or interest. |
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| Definition: Publication of material that places a person in a false light. |
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| Plantiff must prove to win a private facts case: (3) |
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Definition
1. There must be publicity to private facts about an individual
2. The revelation of this material must be offensive to a reasonable person
3. The material is not of legitimate public concern. |
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1. Repeating what was written in the past (history)- these cases are never successful, they are just repeating what was once already published.
2. Recount the past, but tie into the present- this can be a problem. |
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| 3 requirements to win a False Light suit |
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Definition
1. Publication of material must put an individual in false light
2. The false light would be offensive to a reasonable person
3. The publisher of the material was at fault. |
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| 4 Ways false light occurs: |
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Definition
1. Simple error
2. Fictionalize stories of true events: used real names though
3. Video editing error: edit videos improperly (think The Guns of August documentary)
4. Use unrelated picture to a story: (think of The Daily & the beauty pageant picture) |
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| 3 Primary Sources of Law for journalists |
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1. Common law
2. Constitutional law- the 1st Amendment to the US Constitution
3. Statutory law- both state and federal statutes |
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The Government:
1. Reporters give new straightforward
2. Reporters are fair: give both sides equally
3. Reporters won't report some things |
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| Definition: Trespass is an intentional, unauthorized entry onto land that is occupied or possessed by another. |
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| Freedom of Information Act: was ostensibly designed to open up records and files long closed to public inspection. |
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| Exemptions to disclosure under FOIA: (9) |
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Definition
1. National security matters
2. Housekeeping materials
3. Material exempted by statute
4. Trade secrets
5. Working papers/lawyer-client privileged materials
6. Personal privacy files
7. Law enforcement records
8. Financial institution materials
9. Geological data |
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| Matters specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy and in fact properly classified pursuant to such an executive. |
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| Matters related solely to the internal personnel rules and practices of an agency. |
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Matters specifically exempted from disclosure by statute provided that such statute:
a. requires that the matter be withheld from the public in such a manner as to leave no discretion on the issue, or
b. establishes particular criteria for withholding or refers to particular types of matters to be withheld. |
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| Trade secrets and commercial or financial information obtained from any person and privileged or confidential. |
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| Interagency and intra-agency memorandums and letters which would not be available by laws to a party other than an agency in litigation with the agency. |
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| Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of privacy |
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| Very broad... look in book. |
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| Matters contained in or related to examination, operation or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation and supervision of financial institutions. |
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| Geological and geophysical information and data including maps concerning wells. |
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| 1st Amendment doesn't typically protect it. |
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| Not specified in FOIA, but they are paper documents, email and other computer generated material, along with films, tapes and 3D objects such as evidence in a criminal prosecution. |
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| Any executive department, military department, government corporation, government-controlled corporation or other establishment in the executive branch of the government (including the executive office of the president) or any independent regulatory agency. |
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Agency created record and possess/controls record- it IS an agency record.
Agency created record, but doesn't possess it- ISN'T agency record.
Agency didn't create, but possesses- it MAYBE an agency record.
-as part of its official duties: then probably considered agency record.
-just happens to have the record: not considered agency record. |
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| Harm rights to fair trial (4) |
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Definition
1. Confessions: Sometimes made up- (John Bennet Rasmey killer)
2. Performance on tests: (lie detectors)
3. Past records: criminal
4. Credibility of witness |
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| One whose mind is free from the dominant influence of knowledge acquired outside the courtroom, free from strong and deep impressions that close the mind. |
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| Trial-Level remedies for pretrial publicity (6) |
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Definition
1. Voir Dire
2. Change of venue
3. Change of veniremen
4. Continuance
5. Admonition
6. Sequestration |
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| Each prospective juror is questioned prior to being impaneled in an effort to discover bias. (question/answer period). |
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The process of moving the trial to a second community with a jury of citizens who know much less about the case.
-Same judge
-State trial: must stay in the same state
-Federal trial: can go as far as they want |
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| The court imports a jury panel from a distant community. |
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The trial is delayed in hopes that the people in the community will forget at least some of what has been written or broadcasted about the case.
-Hoping publicity dies down. |
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Jurors are instructed by the judge to render their verdict in the case solely on the basis of the evidence presented in the courtroom.
-What the judges tell jurors before the case. |
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Publicity that occurred during trial.
-The jury can be excused while the lawyers bicker out their arguments. The reporters then report... this can influence the jury.
Sequestration of the jury is when the jury is isolated during the case. Put up in hotels, not allowed to get outside news.
*Doesn't happen a lot due to the expense. |
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Definition
a.k.a.: Gag orders.
Way to control publicity (judges call)...
also to control the behavior of the participants in the trial. |
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Nebraska Press Association Test:
Limiting restrictive orders aimed at the press. |
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Definition
1. Intense and pervasive publicity concerning the case is certain
2. No other alternative measure might mitigate the effects of the pretrial publicity.
3. The restrictive order will in fact effectively prevent prejudicial material from reaching potential jurors. |
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| Orders aimed directly at the press |
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Definition
| Limiting what can be published or broadcast |
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| Orders that aimed at the participants in the trial |
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Definition
| Limiting what they can tell the public and reporters about the pending legal matters. |
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Limitations to participants
(restrictive orders) |
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Definition
-Narrowly tailored
-Need: must prove it will be prejudice to the trial |
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Press Enterprise Test:
for the closure of presumptively open judicial proceedings and documents. |
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Definition
-if the proceeding or document is presumed to be open, then it must be open unless the following test can be met:
1. The party seeking closure, the defendant or the government or sometimes both, must advance an overriding interest that is likely to be harmed if the proceeding or document is open.
2. Whoever seeks the closure must demonstrate that there is a substantial probability that this interest will be harmed if the proceeding or document remains open.
3. The trial court must consider reasonable alternatives to closure.
4. If the judge decides that closure is the only reasonable solution, the closure must be narrowly tailored to restrict no more access than is absolutely necessary.
5. The trial court must make adequate findings to support the closure decision. |
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| Attorney must convince the court that there is a good reason for this person not to sit on the jury. |
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| This challenge can be exercised without cause and the judge has no power to refuse such a challenge. |
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* Criminal and civil trials must GENERALLY remain open
-Juvenile hearings
-Victim & witness protection
-Military tribunals
-pretrial/bail/plea/sentencing hearings
-voir dire proceedings |
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Definition
-Summary Jury Trial
-Juror records (name, address, talking to the press)
-Grand jury hearings
-Deportation Hearings
-Out of court settlements
-Protective court orders
-National security |
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| A device used by courts to attempt to get the parties in the case to settle their dispute before going to a full-blown jury trial |
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| Bench-bar press guidelines |
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Definition
| Normally suggest to law enforcement officers that certain kinds of information about a criminal suspect and a crime can be released and published with little danger of harm to the trial process. |
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