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Media Law Ms. Ridal, 2009-10

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Page 1: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

Media LawMs. Ridal, 2009-10

Page 2: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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

Page 3: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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."

Page 4: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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

Page 5: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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

Page 6: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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

Page 7: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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

Page 8: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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.

Page 9: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

Scenarios: What would you do?

Page 10: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

Current Student Issues

http://www.splc.org/newsflash.asp?id=2049

Page 11: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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

Page 12: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

Additional interesting info

The next several slides deal with public records laws.

Read on if you are interested in learning more information!

Page 13: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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

Page 14: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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.

Page 15: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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

Page 16: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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

Page 17: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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

Page 18: Media Law Ms. Ridal, 2009-10. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion,

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