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Law of Mass Media, Law of Mass Media, PartPart 3 3

Free Press vs. Fair Trial, Free Press vs. Fair Trial, Reporter’s PrivilegeReporter’s Privilege

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Schedule UpdateSchedule Update

TODAY: Legal issues, cont.TODAY: Legal issues, cont.– In-class review for examIn-class review for exam– Paper 2, E/C papers be returned, Paper 2, E/C papers be returned, end of classend of class

Tuesday: Study session (4 p.m.)Tuesday: Study session (4 p.m.)– Aurora Room, 4Aurora Room, 4thth floor, Commons floor, Commons

Thursday: Exam 4 (10 a.m.)Thursday: Exam 4 (10 a.m.)

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Thank youThank you

Appreciation for JAMM 100 TAs:Appreciation for JAMM 100 TAs: Andrew DennisAndrew Dennis Samantha HainesSamantha Haines Paul LashPaul Lash

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Student Course EvaluationsStudent Course Evaluations

On-line at: On-line at: http://www.webs.uidaho.edu/studentevals/

Last day to participate: Sunday, Dec. 12Last day to participate: Sunday, Dec. 12 Response ratesResponse rates

– Section 1: 47 out of 100 (47%)Section 1: 47 out of 100 (47%)– Section 2: 18 out of 44 (41%)Section 2: 18 out of 44 (41%)

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Clicker QuizClicker Quiz

Carol Burnett successfully sued the Carol Burnett successfully sued the National National EnquirerEnquirer for libel, demonstrating that a for libel, demonstrating that a celebrity can win a defamation suit if she can celebrity can win a defamation suit if she can convince a jury:convince a jury:

a) The paper’s reporters used intrusive methods.a) The paper’s reporters used intrusive methods.

b) The paper acted with reckless disregard of the b) The paper acted with reckless disregard of the truth.truth.

c) Her image was used for commercial purposes.c) Her image was used for commercial purposes.

d) No one else had previously reported the story.d) No one else had previously reported the story.

e) Sunshine laws were violated.e) Sunshine laws were violated.

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Clicker QuizClicker Quiz

Carol Burnett successfully sued the Carol Burnett successfully sued the National National EnquirerEnquirer for libel, demonstrating that a for libel, demonstrating that a celebrity can win a defamation suit if she can celebrity can win a defamation suit if she can convince a jury:convince a jury:

b) The paper acted with b) The paper acted with reckless disregard of the reckless disregard of the truth.truth.

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Free Press vs. Fair TrialFree Press vs. Fair Trial

First Amendment:First Amendment: freedom of the freedom of the press press

Sixth Amendment:Sixth Amendment: right to a right to a speedy, fair and impartial trialspeedy, fair and impartial trial

When values in conflict, courts decideWhen values in conflict, courts decide

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Free Press vs. Fair TrialFree Press vs. Fair Trial

1954: Sam Sheppard1954: Sam Sheppard 1990: Manuel Noriega1990: Manuel Noriega 1994: O.J. Simpson1994: O.J. Simpson

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Sam SheppardSam Sheppard

1954, Cleveland1954, Cleveland Accused of murdering Accused of murdering

his wifehis wife Sensational coverage Sensational coverage

caused jury to convictcaused jury to convict Freed in 1960s after new Freed in 1960s after new

evidence proved his evidence proved his innocenceinnocence

..

..

http://www.youtube.com/watch?v=FjdzXnrGuvQ

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Manuel NoriegaManuel Noriega

President of Panama (President of Panama (1983-1989)1983-1989)

1990: Tried in U.S. for drug 1990: Tried in U.S. for drug trafficking, money launderingtrafficking, money laundering

Judge issued temporary Judge issued temporary restraining order against CNNrestraining order against CNN– Recording of meetings between Recording of meetings between

Noriega, lawyersNoriega, lawyers CNN violated order, paid fineCNN violated order, paid fine

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O.J. SimpsonO.J. Simpson

Criminal trial, 1994Criminal trial, 1994 Jury acquitted Jury acquitted

Simpson of murderSimpson of murder Concerns: Attorneys Concerns: Attorneys

grandstanding for TVgrandstanding for TV Civil trial, 1997: Judge Civil trial, 1997: Judge

banned TV coveragebanned TV coverage

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Remedies for PrejudicialRemedies for PrejudicialPre-Trial PublicityPre-Trial Publicity

Impose a gag orderImpose a gag order– Prohibits police, attorneys from talking to Prohibits police, attorneys from talking to

journalists before trialjournalists before trial Move the trial (change of venue)Move the trial (change of venue) Isolate jurors for duration of trialIsolate jurors for duration of trial

– Limits access to media reportsLimits access to media reports Restrict cameras & microphonesRestrict cameras & microphones

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Reporter’s privilegeReporter’s privilege

Law or court ruling protecting Law or court ruling protecting reporters from being required to reporters from being required to reveal sourcesreveal sources

Rationale: Reporters shouldn’t Rationale: Reporters shouldn’t fear fine or jail time for using a fear fine or jail time for using a confidential sourceconfidential source

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Reporter’s privilegeReporter’s privilege

James G. “Jim” WrightJames G. “Jim” Wright– 1980 UI graduate1980 UI graduate– Reporter for Reporter for IdahonianIdahonian

Case went to Idaho Supreme Case went to Idaho Supreme Court, 1985Court, 1985

At issue: At issue: Can a reporter refuse Can a reporter refuse to reveal name of a source to reveal name of a source used in news story? used in news story?

VIDEO: VIDEO: Watchdog PressWatchdog Press

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1972: Branzburg vs. Hayes1972: Branzburg vs. Hayes

Supreme Court called for ‘3-prong’ test Supreme Court called for ‘3-prong’ test before compelling reporter’s testimony:before compelling reporter’s testimony:

1.1. Is information relevant to case?Is information relevant to case?

2.2. Is there a compelling need?Is there a compelling need?

3.3. Is there any other way to find the Is there any other way to find the information?information?

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Confidential sourcesConfidential sources

Watergate: Deep Watergate: Deep Throat (Mark Felt)Throat (Mark Felt)

Gave information to Gave information to Washington Post’Washington Post’ss Bob Woodward Bob Woodward

Woodward kept Woodward kept Felt’s identity secret Felt’s identity secret for 35 yearsfor 35 years

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Confidential sourcesConfidential sources

20052005 Judith MillerJudith Miller Reporter, Reporter, NY TimesNY Times Refused to cooperate Refused to cooperate

with grand jury with grand jury Spent 85 days in jailSpent 85 days in jail

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Shield LawsShield Laws

37 states and D.C. have laws37 states and D.C. have laws Idaho has no formal shield law but Idaho has no formal shield law but

courts recognize qualified courts recognize qualified reporter’s privilege since 1985reporter’s privilege since 1985

Journalism groups favor national Journalism groups favor national shield law, stalled in Congressshield law, stalled in Congress

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Why a shield law?Why a shield law?

““If we're going to have popular If we're going to have popular government, you need popular government, you need popular information. The public would be information. The public would be greatly disserved if we were to shut greatly disserved if we were to shut this down by scaring off sources from this down by scaring off sources from sharing information with the Fourth sharing information with the Fourth Estate.”Estate.”

--Former Sen. Chris Dodd, D-Conn.,--Former Sen. Chris Dodd, D-Conn.,supporting national shield lawsupporting national shield law

50 Questions: Multiple choice50 Questions: Multiple choice 10 book only10 book only 10 lecture only10 lecture only

– Guest speaker: Ted WarrenGuest speaker: Ted Warren– Video: Video: Merchants of CoolMerchants of Cool

30 from book 30 from book andand lecture lecture

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Exam 4: Thursday, 10 a.m.Exam 4: Thursday, 10 a.m.

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Exam proceduresExam procedures

No caps, hats, cell phones or ear No caps, hats, cell phones or ear budsbuds

No. 2 pencil onlyNo. 2 pencil only Turn in exams to proper box (A or Turn in exams to proper box (A or

B)B) Scoring strips only on requestScoring strips only on request Please exit quietlyPlease exit quietly

Chapter 10: Computers, InternetChapter 10: Computers, Internet Chapter 13: Media ethicsChapter 13: Media ethics Chapter 14: Law & regulationChapter 14: Law & regulation

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What to studyWhat to study

Key ConceptsKey Concepts Causes/effectsCauses/effects People/inventions or innovationsPeople/inventions or innovations Sequence (NO specific dates)Sequence (NO specific dates) 5 key concepts5 key concepts

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What to study What to study

1.1. AdaptationAdaptation

2.2. SegmentationSegmentation

3.3. SynergySynergy

4.4. ConvergenceConvergence

5.5. MonetizationMonetization

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Key ConceptsKey Concepts

A-H = AndrewA-H = Andrew

J-R = SamanthaJ-R = Samantha

S-Z = PaulS-Z = Paul

Extra credit: KentonExtra credit: Kenton

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Pick up papersPick up papers

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Last Clicker QuizLast Clicker Quiz

In the Idaho case, In the Idaho case, re Wrightre Wright, the , the story Jim Wright wrote that story Jim Wright wrote that initiated the court case involved:initiated the court case involved:A.A. police corruption.police corruption.

B.B. a murder.a murder.

C.C. a drug bust.a drug bust.

D.D. fraud in the assessor’s office.fraud in the assessor’s office.

E.E. a real estate scandal in Boise.a real estate scandal in Boise.