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| Author of "Community, Public, and Journalism" |
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The participatory community.
A community of roots.
A religious community.
An ecological community
A global community.
Even a “community of ONE.”
Are these more publics than communities? |
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| Without this, totalitarianism or communities that are extremely exclusive is the only result. |
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Is the information USEFUL?
Is the information SUFFICIENT?
Is the information TRUSTWORTHY?
Who is the AUDIENCE? |
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| Political relevance four-part test |
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| According to Aristotle, it is an observable collection of habits, virtues and vices. |
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| having the practical wisdom not to reveal everything one is told, even if facts or events would be of casual interest to many |
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| The media should help citizens make their way through the political process. |
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| Freedom of Information Act |
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Definition
Many successful actions to get government to release information
…gives any person access
…to all records
… kept by certain federal agencies
… except for nine categories of exempted material. |
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| Which parts of government are NOT covered? FOIA |
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Definition
… Congress
… courts
… officials and panels whose sole job is to advise the president |
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Definition
1. National security matters
2. ‘Housekeeping’ materials
3. Material exempted by statute
4. Trade secrets
5. Working papers & attorney client material
6. Personal privacy
7. Law enforcement
8. Financial records
9. Geological data |
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| National security matters |
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Definition
| Courts give substantial deference to agencies claiming this exemption. |
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Definition
… includes trivial stuff – work schedules, etc.
… also includes internal risk-of-circumvention info whose disclosure might enable somebody to circumvent the law |
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| Material exempted by statute |
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Definition
| for example, one shields almost all CIA files from FOIA rules. |
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… includes companies’ trade secrets that competitors might want to copy or use.
… also includes ‘commercial or financial information’ whose disclosure could hurt companies that provided that information. |
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| Working papers & attorney client material |
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Definition
… includes agencies’ preliminary internal reports meant to help the agency make a decision.
… once the decision is made, however, the preliminary reports that went into it become public.
… also includes confidential records between agencies and their attorneys
(This just follows the general attorney-client privilege.)
… also extends to communications between the president and his close advisers.
Nixon tried to claim that this executive privilege was absolute.
SCOTUS ruled that it was a qualified (limited) privilege. |
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… protects personnel files, medical files and similar records whose disclosure would be a clearly unwarranted invasion of privacy.
2nd Circuit (1988) ruled that this included recordings of astronauts’ voices as Challenger disintegrated. |
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This covers law enforcement records if their disclosure might
… interfere with enforcement
… prevent a fair trial
… invade privacy
…disclose a confidential source
…disclose police techniques or procedures that would help the bad guys
… endanger lives or safety |
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| … financial reports on banks, investment firms, etc., whose disclosure would undermine confidence in them. |
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| … covers information drillers must give to government and whose disclosure might give competitors an advantage. |
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| Government in Sunshine Act |
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Definition
The federal open-meetings law
Covers 50 executive branch agencies and the regulatory commissions.
They are not permitted to hold secret meetings.
10 exemptions (most mirror the FOIA) |
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Term
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Definition
Gives parents access to your educational records until you are 18.
Restricts access to ‘personally identifiable information’
Allows access to ‘directory information’ – name, major, address, telephone, etc. |
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Definition
Covers access to medical records
Severely limits what hospitals can tell journalists
If patient agrees, and if journalist has the complete name, hospital can release a one-word condition report. |
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Definition
Limits what the federal government can do with personal data
Gives individuals access to government records about themselves |
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Definition
Legal precedents have long granted a limited right of access to some records.
Person seeking access must have some legal ‘interest’ (litigation, perhaps)
Access is only to records ‘required to be kept’ by the state. |
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