media law ms. ridal, 2009-10. first amendment journalists are covered by the first amendment to the...
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Media LawMs. Ridal, 2009-10
First Amendment
Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion, freedom of speech, and freedom of the press.
This freedom comes with responsibility, however, and journalists follow guidelines set by papers and/or laws & statutes
Limits of the student pressTinker v. Des Moines Independent Community School District
Students were suspended when they wore black armbands to school to protest the Vietnam War.
Supreme Court ruled in 1969 school officials could only limit student free expression when they could demonstrate that the expression in question would cause "a material and substantial disruption of school activities or an invasion of the rights of others."
Limits of the student pressThe Hazelwood decision -- 1988
Administrators at Hazelwood East High School in Missouri censored stories concerning teen pregnancy and the effects of divorce on children from a school-sponsored student newspaper.
If a school can present a reasonable educational justification for its censorship, that censorship will be allowed.
Student newspaper was not an public forum or an open forum for student expression
Open Forums
Open forums are where ideas are expressed and exchanged freely without government intervention
Student newspapers in schools are generally not considered open forums
Had the student newspaper at Hazelwood been declared one, the decision may have gone a different way
Defamation
is the communication of a statement that makes a false claim, expressly stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation.
does not include name calling, insults, offensive statements
must be a false statement of fact
Libel vs. Slander
Slander is the verbal defamation of a person’s character.
Libel is the written defamation of a person’s character. There are two categories of libel.
Private person -- most people are unknown in the public
Public figure -- includes politicians and famous people
Burden of Proof
Private person -- When a person is accusing a paper of libel, the burden of proof rests with the paper. They must prove they did not libel the individual.
Public figures -- The public figure must prove they were libeled, and the proof must be much greater. The paper would have to commit gross negligence.
Scenarios: What would you do?
Current Student Issues
http://www.splc.org/newsflash.asp?id=2049
Your Turn!
Visit the Student Press Law Center at http://www.splc.org/
Find three current cases of student censorship.
Summarize the situation.
What do you think about the censorship? Is it fair? Explain
Additional interesting info
The next several slides deal with public records laws.
Read on if you are interested in learning more information!
Sunshine Laws, Public Records
Florida has the most open records of any state in the nation.
Government in the Sunshine Manual -- http://myfloridalegal.com/sun.nsf/manual
Listing of public records -- http://www.stateofflorida.com/Portal/DesktopDefault.aspx?tabid=13
Sunshine Laws -- What’s exempt?Medical records
information on abuse/sex assault victims
information revealing surveillance techniques
information revealing the substance of a confession until a case is tried and completed.
other exemptions
criminal charges involving minors (under age 18) unless tried as an adult
building plans and layouts of public facilities
social security numbers and addresses of most public employees
list of exemptions -- http://www.flsenate.gov/Statutes/index.cfm?
App_mode=Display_Statute&Search_String=&URL=Ch0119/SEC071.HTM&Title=-%3E2006-%3ECh0119-%3ESection%20071#0119.071
What can you find?Meetings of public boards or commissions
Minutes of these meetings must be taken.
May include e-mails between public officials on matters that will be discussed at a future date
Open RecordsDivorce notices, marriage notices, births, cemetery records, death notices,
Criminal trials, criminal records, sex offender lists, traffic citations
Sale of property, land records, federal activities and projects, hazardous waste sites
Campaign contributions (who gives and who receives)
Business records and licenses
Web sites
http://medialibel.org/ -- scenarios and real cases
http://www.megalaw.com/top/defamation.php -- a lengthy list of Web sites related to media law
http://www.stateofflorida.com/Portal/DesktopDefault.aspx?tabid=13