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Definition
| appropriation; intrusion; false light; private facts |
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Term
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| true facts so personal they would be highly offensive to a reasonable person; it must not be a matter of legitimate public concern. |
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| deals with the process of gathering info, not content; no pubication necessary; it must be highly offensive, involve the invasion of another's solitude, and be done physically or electronically. |
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Definition
| usually putting someone in a false light in the public eye; disclosure of highly offensive false info. or info. that creates an offensive (negative) false impression about someone; or done w/ actual malice; |
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| use of another person's name, voice, likeness or image without permission for commercial gain. |
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Definition
| they are based on place (where the news is gathered). |
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Term
| newsgathering in places to which gov't may restrict access: |
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Definition
| public places w/ restricted access (crime scene); judicial proceedings; disaster/accident/crime scenes; prisons/executions; military operations and bases; polling places; schools |
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Term
| access to public documents and meetings |
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Definition
| when gov't tries to stop access it uses reasons similar to that for prior restraint ; it plays a logical role in ensuring that trials are performed fairly and properly. |
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Definition
| judicially recognized access based on common law precedent. (often tied to a state right to know action) |
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| Federal Freedom of Info Act (FOIA) |
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Definition
| applies to executive branch agenices but not to Congress; lets members of the public request info; there are 9 exemptions; most are filed under #5. |
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Term
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Definition
| national security; administrative documents; other laws; trade secrets; inter- and intra- agency memoranda; personal privacy; law enforcement records; records of financial institutions; geological and geophysical data. |
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Term
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Definition
| requires agencies to make certain data available online, computer databases are required to be as available as paper records |
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Term
| how to submit requests for info |
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Definition
| they must be clear and concise and in writing; |
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Term
| how long does an agency have to respond? |
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Definition
| in PA-10 days for state agency; 5 days for municipal agency; in NJ-7 business days |
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Term
| Reporter's testimonial privelege |
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Definition
| privilege not to... disclose identity of a confidential source; testify in a criminal proceeding or civil proceeding; supply documents or work materials; appear at a deposition in a civil case. |
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Term
| arguments FOR confidentiality |
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Definition
| press need special rules; confidential sources dry up; burden on newsgathering; minority/dissident suspicion; harass, disrupt, retaliate; arm or agent of law enforcement; newsroom searches disrupt publication schedules. |
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| arguments AGAINST confidentiality |
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Definition
| 6th amendment right; no special rules/rights for media; rules dont allow abuse; courts wont legislate from the bench--congress and the states invited to pass laws. |
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Term
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Definition
| journalists served w/ subpeona can file a motion to void a subpeona; there will be a hearing on the notion |
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Term
| whether or not a journalist has Privelege varies b/c... |
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Definition
| it depends upon where proceeding is pending and the legal basis the journalist asserts; varies from federal courts to federal circuits; varies from state to state; court rules, federal rules of evidence. |
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Term
| 3 part branzburg test/stewart analysis |
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Definition
(1) probable cause to believe reporter has info. clearly relevant to probably crime.
(2) info cant be obtained by alternative means (no one else has it)
(3) the testimony or documents must be necessary and critical to the case |
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Term
| Courts recognize 1st amend. based priveleges depending on... |
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Definition
| types of proceedings (criminal v. civil, reporter--a party v. not a party); type of info--diminishing factors (published or not published); who's asserting the privelege--a qualifying person or organization that gathered info w/ the intent to distribute to public |
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