Defamation

False attack on someone's reputation, resulting in:

-Loss of good name

-Humiliation

-Disgrace

-Shame

-Ridicule

-Mental suffering

-Embarrasment

Libel

Defamation that is printed or broadcasted

Slander

Defamation that is spoken

Sources of libel cases

-Alleged commission of a crime

-Professional incompetence

-Unethical practices

-Moral failures

Libel Per Se

Libel on its face

-words such as criminal and perverted

Libel Per Quod

Libel because of other considerations (often combinations of words and pictures, etc.)

-usually more difficult to prove than "libel per se"

What must plaintiffs prove in a libel case?

1. Defamation

2. Publication

3. Identification

4. Fault

New York Times vs. Sullivan

-Landmark case

-Made libel a first amendment issue

-Shifter burden of proof from defendant to plaintiff

-Public officials must prove actual malice

Malice

-Knowledge of falsity or reckless disregard for the truth

Public official

-Person elected to publc office

-Government employees (includes police, firemen, anyone with control over public funds)

Gertz Vs. Welch

Supreme court ruled that a person can be "public" in one arena but "private" in another

Why is confidentiality important?

1. Reporter credibility

2. Sources often won't talk without protection of identities

3. Journalists argue "professional consideration"

Profession

-Public service oriented

-Training in professional school

-Maintain confidential relationships(Doctor/patient)

Pros of reporter priviledge

- Journalists are watchdogs over government

- Sources won't talk if not protected

- Journalists don't work for law enforcement

- Citizen/government relationship is adversarial

Cons of reporter priviledge

-Journalists are regular citizens

- 6th amendment v. 1st amendment

- unnamed sources can lie

- many citizens mistrust journalists who hide the identities of their sources

Judy Garland

Sued New York Times reporter to find names of CBS informant who published reports of her drinking and drug problems. Appeals court ruled that 1st amendment doesn't give reporter right not to testify and name source

Branzburg Vs. Hayes

-Branzburg refused to name sources for his story about drug trafficking in the workplace to a Kentucky Jury

-Supreme court ruled no 1st amendment priviledge to withhold sources

-Journalist have no more rights than average citizens

Potter Stewart's Dissent

-Used by many courts to create a shield for reporters

Stewart's argument

Speech clause and press clause have different meanings

Vanessa Leggett

Author who spent 6 months in jail after refusing to disclose a sourse used in writing a book. Court didn't rule wheteh or not she was a journalist but did rule she had no priviledge.

Judith Miller and Matthew Cooper

Miller from the NY times and Cooper from Time magazine were ruled to disclose sources or be held in contempt. This was the case involving Valerie Plame Wilson. Miller hadn't even published a story.

BALCO Case

San Francisco Chronicle reporters were released from a subpoena after an attorney admitted to leaking grand jury testimony to reporters about steroid use in MLB.

Shield Laws

There is no national shield law but house did pass bill in March of '09. Indiana senate passed billin december '09 with help of Richard Lugar and Mike Pence(Indiana reps).

Free flow of information act 2009

Protects a "covered person"

"Covered Person"

-person who has intent to investigate events to provide public with new information of public interest-person gathers, prepares, collects, photographs, records, writes, edits, and reports or publishes. Many groups feel by this definition would cover bloggers.

How many states have a shield law?

32 states and D.C.

Indiana Shield Law

Protects persons who recieve income from legitimate gathering of the news. Applies to print and broadcast

Mike Price

Ex-Alabama Football coach who sued Sports Illustrated for libel but was ruled against because Alabama shield law doesn't include Magazines

Zurcher v. Stanford Daily

1st amendment doesn't protect reporters from newsroom searches.

Privacy Protection Act

No search and seizure in newsroom unless:

1. Reporter is a subject

2. Prevents injury or death

3. Prevents destruction of materials

4. All legal remedies fail

Cohen Vs. Cowles Media

Source can sue reporter and org. for damages if promise of confidentiality is broken

Sunshine Act

-Business meetings must be public

-One week notice required

-Applies to any commission covered by FOIA

Open Congress

C-SPAN were first to open congress to the public through live streams of the House and Senate

Federal Privacy Act

-Protects individuals private info and gives person access to files about themselves

Driver's privacy Protection Act

Driving records are not public documents

Freedom of Information (FOI)

All 50 states have open meetings/open records

Indiana Freedom of information

Open Door Law

Agencies must meet publicly, but there are exceptions