Volume 8, Number 1
Bulletin Fall 2002
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Sixth, Third Circuit Courts Split on Deportation Hearings Question
The Sixth and Third Circuits have split on whether it is constitutional for immigration judges to automatically close “special interest” deportation hearings.
Balancing National Security and Civil Rights: Annual Report on Loss of Privacy Since September 11
Governments around the world have restricted privacy and increased surveillance in response to the terrorist attacks of September 11, according to a report released by Privacy International and the Electronic Privacy Information Center (EPIC).
Balancing National Security and Civil Rights: Reporters Test U.S. Security
Investigating the state of airport security in the United States after the Sept. 11, 2001 terrorist attacks, reporters from the New York Daily News, ABC News, and CBS News have smuggled various potentially dangerous weapons and materials through U.S. Security check points.
Cameraman Detained by Military
Reporters sans Frontieres (RSF) and the Committee to Protect Journalists (CPJ) are investigating reports that a Sudanese assistant cameraman was arrested in December 2001 at the Afghanistan-Pakistan border.
Center for National Security Studies v. U.S. Department of Justice
A federal district judge for the District of Columbia has ordered the United States Department of Justice to release the names of over 1,000 people detained as a result of the government's investigation of the September 11 terrorist attacks on New York and the nation’s capital.
Balancing National Security and Civil Rights: Foreign Intelligence Surveillance Appeals Court Reverses Lower Court
On Nov. 18, 2002, for the first time in its history, the Foreign Intelligence Surveillance Court of Review (FISCOR) decided a case.
U.S. Court Rulings Affecting Access to Information: Guidelines for Public Access to State Court Records Released
The Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) have released guidelines for public access to state court records.
U.S. Court Rulings Affecting Access to Information: South Carolina District Bans Secret Settlements
South Carolina’s federal judges have banned secret settlements, adopting Local Rule 5.03 on Nov. 1, 2002.
Colorado Rejects False Light Invasion of Privacy Tort
The Colorado Supreme Court has declined to recognize the tort of false light invasion of privacy, ruling that it substantially duplicates the tort of defamation and threatens to chill freedom of speech.
Recent Developments in Internet Law: FEC Campaign Finance Regulations Exempt Internet
On Sept. 26, 2002, the Federal Election Commission (FEC) issued regulations implementing the Bipartisan Campaign Reform Act (BCRA), which exempt the Internet from the Act’s new rules governing political advertising.
Saudi Government Censors Internet, According to Study
The government of Saudi Arabia engages in widespread censorship of the Internet, according to a recent study by the Berkman Center for Internet and Society at Harvard Law School.
Recent Developments in Internet Law: Internet Censorship in Asia
The governments of China and Vietnam continue to censor access to the Internet as more people can connect to it in their homes, Internet cafes, or at work.
Greek Law to Ban Electronic Game Fails
A Greek law banning electronic games was declared unconstitutional on Sept. 10, 2002, because it interfered with the player’s freedom of expression, Deutsche Presse-Agentur reported.
Belarusian Newspaper Editor Sentenced for Slandering President
On Oct. 15, 2002, a Belarusian court rejected the appeal of Rabochiy newspaper editor Viktor Ivashkevich’s sentence on charges of slandering that country’s president Alexander Lukashenko.
International Media Law Developments: Changes in European Union Data Surveillance Law
The European Parliament is considering changes to the 1997 European Union Directive on privacy in telecommunications.
New Press Law in Somalia
In a protest against a restrictive new press law, most media outlets in Somalia refused to operate on Oct. 3, 2002.
Zimbabwe Continues to Harass Independent Journalists
The Zimbabwe government, under Robert Mugabe’s repressive regime, continues to harass and intimidate independent journalists working in Zimbabwe.
International Media Law Developments: Russian Parliament Passes Bill Limiting Media Coverage
In what it characterized as an effort to fight terrorism, the Russian State Duma (Parliament) passed amendments to Article 4 of the law “On the mass media" and Article 15 on the law of “On fighting terrorism” on Oct. 23, 2002.
International Media Law Developments: New Press Law in Togo
A new press law, adopted Sept. 3, 2002, could allow Togolese courts to jail reporters for publishing false information about the nation’s president or other high ranking government officials.
Court Rules in Naomi Campbell Privacy Case
The Court of Appeal in London, England, has unanimously ruled that the London-based Daily Mirror was justified in publishing articles about supermodel Naomi Campbell’s drug addiction and therapy, in Campbell v. Mirror Newspapers, Ltd., [2002] EWCA Civ. No. 1373 (Oct. 14, 2002).
Journalists on the Frontlines: Military Reporters Join Forces to Fight Access Restrictions
Prompted by concerns that the impending war with Iraq may result in tighter restrictions for journalists trying to cover the conflict, a group of journalists who cover military news have founded a new group, Military Reporters and Editors (MRE).
Media Groups File Amicus Brief in International Criminal Tribunal
Thirty-four newspapers, media advocacy groups and non-governmental organizations filed an amicus brief on Aug. 17, 2002, with the Appeals Chamber in the International Criminal Tribunal for the former Yugoslavia.
Ethical Conundrums Puzzle Journalists: Media Coverage and the D.C. Sniper
Americans across the country gave a collective sigh of relief when two alleged snipers were arrested on Oct. 24, 2002, after being spotted asleep in a car at a rest stop near Frederick, Md.
Ethical Concerns Surround Tape of Mother Striking Her Child
The shocking video footage of Madelyn Toogood striking her four-year-old daughter Martha in a department store parking lot has sparked a debate about a variety of media ethics issues.
Ethical Conundrums Puzzle Journalists: Columnist Bob Greene Resignation Raises Ethics Questions
Bob Greene, a nationally syndicated columnist for the Chicago Tribune, tendered his resignation after allegations of past “sexual misconduct” with a 17-year-old girl who was also a source.
Faxing Search Warrant Approved by Eighth Circuit
A three-judge panel of the United States Court of Appeals for the Eighth Circuit ruled in November 2002 that faxing a search warrant seeking e-mails from Yahoo!’s server was reasonable under the Fourth Amendment, even though no law official was present at the time the search was conducted.
Bush Urges Passage of Virtual Law on Child Pornography
In an Oct. 23, 2002 speech on children’s online safety, President Bush urged the Senate to join the House in passing a law that would make both virtual and actual images of child pornography illegal.
Fall 2002 Silha Forum Centers on the Topic of Computer Privacy, Government Investigations
The 2002 Fall Silha Forum on Oct. 16, 2002, featured Professor Stephen J. Cribari, speaking on “Privacy in Cyberspace? Computers, the Internet, and Government Investigations.”
Silha Lecturer Anthony Lewis Speaks to Packed House
Speaking at the 17th Annual Silha Lecture to an overflow audience numbering nearly 350, Anthony Lewis said, “In this democracy, it is the job of all of us to protect our freedoms.”
SPJ Ethicist Develops Balancing Factors for Journalists
Since the September 11 attacks on America, journalists have faced a new set of ethical challenges, arising from concerns about national security, personal safety and tighter restrictions on government and law enforcement information.
Should National Security Be Exchanged for Civil Rights?
Depending on whom you talk to, either everything changed on Sept. 11, 2001, or nothing changed.