Volume 9, Number 1
Bulletin Fall 2003
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U.S. Supreme Court Rules on Constitutionality of Bipartisan Campaign Reform Act
On Dec. 10, 2003, a sharply divided Supreme Court, in McConnell v. Federal Election Commission, 124 S.Ct. 619, upheld the constitutionality of the core provisions of the Bipartisan Campaign Reform Act of 2002 (BCRA) which seeks to eliminate “soft money” contributions to federal election campaigns and ban “issue ads” in advance of federal elections.
Access to Information and the U.S. Supreme Court: U.S. Supreme Court Hears Oral Argument in OIC v. Favish
Does the privacy exemption to the Federal Freedom of Information Act (FOIA) shield surviving family members from the distress of viewing the death scene photographs of former White House deputy counsel Vincent W. Foster?
Access to Information and the U.S. Supreme Court: Justices Will Not Consider Earnhardt Autopsy Photo Case
Without comment, the U.S. Supreme Court has rejected the petition of a student newspaper at the University of Florida, the Independent Florida Alligator (Gainesville) to access the autopsy photos of racecar driver Dale Earnhardt.
Access to Information and the U.S. Supreme Court: Center for National Security Studies v. Department of Justice
The Center for National Security Studies, joined by other public-interest groups, asked the U.S. Supreme Court to consider whether the government legally may withhold the names of people who were secretly arrested and detained following the terrorist attacks of Sept. 11, 2001.
Access to Information and the U.S. Supreme Court: M.K.B. v. Warden
On Nov. 4, 2003, the Supreme Court ordered Solicitor General Theodore Olson, on behalf of the Justice Department, to file a reply brief responding to the habeas corpus petition of Mohamed Kamel Bellahouel, an Algerian who was detained in Florida by the federal government following the terrorist attacks of Sept. 11, 2001 in M.K.B. v. Warden (No. 03-6747).
Access to Information and the U.S. Supreme Court: Cheney v. United States District Court
In his second week in office, President Bush formed the National Energy Policy Development Group (NEPDG) on Jan. 29, 2001.
Court Rules on Access to Information: Port Authority of New York and New Jersey Release September 11 Transcripts
The Port Authority of New York and New Jersey was ordered to abide by its July 2003 agreement with The New York Times and release the transcripts of radio transmissions and calls it received the morning of Sept. 11, 2001.
Legislators Consider Laws Affecting Access to Information: Student Privacy Protection Act Awaiting Passage
A bill awaiting consideration in the U.S. House of Representatives would provide civil remedies, including money damages, against schools that violate the Family Educational Rights and Privacy Act, or FERPA.
Legislators Consider Laws Affecting Access to Information: California’s Megan’s Law Extended for Three Years
California’s sex-offender notification law, which the state assembly refused to extend as the legislature’s regular session wrapped up in mid-September 2003, was spared from automatic repeal by a unanimous vote during a special legislative session only two weeks later.
Court Rules in Access to Proceedings: Press, Public Banned from Enron Courtroom
Houston-based U.S. District Court Judge Kenneth Hoyt barred the public and press from three pre-trial hearings of three ex-Enron executives, including the former Chief Financial Officer of the energy giant.
Freedom of Information Act Updates: Media Representatives Required to Sign Non-Disclosure Agreements
In response to a FOIA request in October 2003 from an unidentified entity, the Federal Energy Regulatory Commission (FERC) has released copies of standard non-disclosure agreements (NDAs) that must be signed before requestors may receive “critical energy infrastructure information” (CEII) from FERC.
Freedom of Information Act Updates: University of Louisville Foundation v. Cape Publications
On Nov. 11, 2003, the Kentucky Court of Appeals confirmed that the fundraising branch of the University of Louisville Foundation is a public agency subject to the rules of the Open Meetings Act.
Freedom of Information Act Updates: Freedominfo.org Conducts Survey on International Freedom of Information Laws
More than 50 countries have now passed freedom of information laws, according to a survey released on Sept. 28, 2003 to mark the first annual “Right to Know Day” by freedominfo.org, and online network of freedom of information advocates.
Freedom of Information Act Updates: Study Finds Many Rhode Island Agencies Do Not Comply with Open Meeting Laws
Brown University released the results of a study that found that most Rhode Island public agencies fail to comply with the state’s Open Meetings Law.
Endangered Journalists Around the World
Cambodia: Chuar Chetharith, a journalist for Ta Prohm radio, was shot and killed outside of his office in Phnom Penh on Oct. 18, 2003.
Reporters’ Privilege Update: Columnist’s Story Prompts Investigation Into Government Leaks
Syndicated columnist Robert Novak’s article in which he named a CIA operative has prompted a Department of Justice (DOJ) investigation into White House leaks and has raised ethical questions for journalists concerning the publication of classified information.
Reporters’ Privilege Update: Reporters Refuse to Reveal Sources in Spy Case
On Dec. 18, 2003, James Risen and Jeff Gerth, two reporters with The New York Times, defied a federal judge’s order and refused to reveal their sources for a story concerning former nuclear scientist Wen Ho Lee.
Reporters’ Privilege Update: FBI Obtains Reporters’ Notes in Homeless Hacker Case
Adrian Lamo, a 22-year-old Californian, hacked into the intranet computer system at The New York Times in 2002, where he gained access to the personal information of well-known contributors to the paper’s op-ed section.
Reporters’ Privilege Update: McKevitt v. Pallasch
On August 8, 2003, a three-judge panel of the U.S. Court of Appeals (7th Cir.), ruling in McKevitt v. Pallasch, 339 F.3d 530 (2003), ordered Abdon Pallasch and Robert C. Herguth of the Chicago Sun-Times and Flynn McRoberts of the Chicago Tribune to turn over their taped conversations with an FBI mole, David Rupert, who had infiltrated the Irish terrorist group the Real IRA.
Reporters’ Privilege Update: Tripp v. Department of Defense
Linda Tripp, whose taped conversations with Monica Lewinsky precipitated the impeachment of President Clinton, on Oct. 31, 2003, settled her claims against her former employer, the Department of Defense (DOD), for releasing personal information about her.
Journalists Grapple with Issues of Ethics: Media Pool Party to Presidential Plot to Visit Troops
On Thanksgiving Day, President Bush took a top-secret flight to Baghdad to celebrate the holiday with U.S. troops.
Journalists Grapple with Issues of Ethics: Jackson Interview Strikes Sparks Between CBS, The New York Times
A New York Times article written by reporter Sharon Waxman and published on Dec. 31, 2003 has sparked a controversy between two respected news organizations - The Times and CBS News.
Journalists Grapple with Issues of Ethics: Cronkite Faces Lawsuit for Breach of Contract
Legendary broadcaster Walter Cronkite faces a lawsuit for breach of contract after backing out of a deal with a Florida production company to appear in what Cronkite thought were educational video segments that were to air on public television stations.
Journalists Grapple with Issues of Ethics: Jayson Blair Update
Ex-New York Times reporter Jayson Blair could have been prosecuted for his dishonest and inaccurate reporting if The Times had chosen to pursue the case with federal prosecutors, according to an article in Stanford Law School’s Fall 2003 issue of Stanford Lawyer.
U.S. Supreme Court Refuses to Review Rossignol v. Voorhaar
The U.S. Supreme Court has refused to review a federal appeals court ruling that government officials violate the Constitution when they make bulk purchases of newspapers to prevent critical stories from reaching the public.
Roundup: Ethical Issues in the Media
The following is a collection of recent ethical issues involving reporters, editors, and other media professionals.
Final Call Not Required to Pay Damages for Use of Photos
A New York state court has ruled that The Final Call, the weekly newspaper of the Nation of Islam, did not have to pay punitive damages to Tatia Morsette, a woman the newspaper has falsely depicted as a prison inmate.
Baseball Team Freezes Out Denver Post
Anger over a Denver Post columnist’s use of a baseball player’s negative quote prompted the local professional baseball team, the Colorado Rockies, to refuse to speak to that paper’s reporters, according to a Sept. 21, 2003 report in the Post.
Internet Updates
Blogger Posts 1938 Article on Hitler, Raising Copyright Issues
New Laws Promote Consumer Privacy; Curb Commercial Speech: CAN SPAM Act Signed
On Dec. 16, 2003, President George W. Bush signed the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN SPAM) into law.
New Laws Promote Consumer Privacy; Curb Commercial Speech: “Do-Not-Call Lists Faces Questions of Constitutionality
The much anticipated do-not-call registry, created by the federal government to protect residential phone customers from unwanted telemarketing calls, faced a barrage of legal challenges in late 2003 that seemed likely to derail the registry indefinitely.
FCC Media Ownership Update
The White House and congressional Republicans came to a compromise on television ownership limits after President Bush threatened to veto an appropriations bill which funded a third of the federal government.
U.S. Supreme Court Decides Not to Review Disparagement Case Against Consumer Reports
On Nov. 3, 2003, the U.S. Supreme Court said it would not review the decision of the Court of Appeals (9th Cir.) that allows Suzuki Motor Corporation’s product disparagement suit against Consumers Union, the non-profit publisher of Consumer Reports, to go forward.
Copyright Updates: Government Holds Hearings on RIAA’s Lawsuits, Subpoenas
On Sept. 20, 2003, the U.S. Senate Committee on Governmental Affairs’ Permanent Subcommittee on Investigations held a hearing in Washington, D.C. into the Recording Industry Association of America’s (RIAA) numerous lawsuits and subpoenas of persons it contended downloaded and traded music over the Internet.
Copyright Updates: RIAA Tries to Enforce Fees for Music Downloads
The Recording Industry Association of America (RIAA) does not want to prevent you from downloading.
Copyright Updates: Norwegian Court Upholds Decision to Acquit “DVD Jon”
On Dec. 22, 2003, the Oslo Court of Appeals in Norway upheld the January 2003 decision of Oslo’s City Court, acquitting Jon Johansen, known as “DVD Jon,” of charges that he violated copyright law through his development and distribution of DeCSS, a software program that enables DVDs to be copied.
Copyright Updates: Florida Man Convicted under DMCA
The first jury-trial conviction under the Digital Millennium Copyright Act (17 USCS §§ 1201 et seq.) or DMCA, may land a Florida man in federal prison for 30 years.
International Media Law: Russian Election Law Overturned
A Russian law restricting the way the media report election campaigns was overturned by that country’s constitutional court on Oct. 30, 2003.
International Media Law: International Criminal Court Sentences Three Journalists for Crimes of Incitement, Crimes Against Humanity
Three journalists were sentenced by a three-judge panel on Dec. 3, 2003 for the International Criminal Tribunal for Rwanda (ICTR), located in Arusha, Tanzania.
Celebrities and Privacy: Photographers Cleared in Princess Diana Privacy Case
On Nov. 28, 2003, a French Court in Paris cleared three photographers accused in a civil case of breaching privacy laws when Princess Diana and Dodi Fayed were killed in a car crash in Paris on August 31, 1997.
Celebrities and Privacy: Schwarzenegger's Campaign Staffers Required to Sign Confidentiality Agreements
During his whirlwind bid to become governor of California, Arnold Schwarzenegger required campaign staffers to sign detailed confidentiality agreements, according to the Los Angeles Times.
Celebrities and Privacy: Barbra Streisand Loses Privacy Lawsuit to Environmentalists
Singer/actress Barbra Streisand’s privacy lawsuit against a man who took aerial pictures of her Malibu estate and then posted them on his Web site was dismissed by a trial judge in Los Angeles on Dec. 3, 2003.
Post War Iraq Updates: Coverage of Bush Admission Debated
Before the most recent war in Iraq, the Bush administration implied that Saddam Hussein had played a role in the Sept. 11, 2001 attacks.
Post War Iraq Updates: Bush Bypasses National Media in Favor of Regional Broadcasters
The Bush administration, displeased with the news coverage of the war in Iraq, bypassed the national media outlets by using five regional broadcasting companies to disseminate his message more directly to the American public.
Post War Iraq Updates: Letter Writing Campaign by Soldiers Not What It Appears
U.S. Army officials have determined that copies of an identical letter portraying the American occupation of Iraq in a positive light and which were sent to various U.S. newspapers do not warrant further investigation.
Post War Iraq Updates: Jessica Lynch Update
In an interview with Diane Sawyer of ABC’s “Primetime Live” on Nov. 11, 2003, Pfc. Jessica Lynch revealed details of her rescue from an Iraqi hospital where she had been treated for injuries, as well as the fact that she did not engage in a gun battle in the ambush where she was captured because her rifle jammed.
Post War Iraq Updates: Media, Military Meet in Conference to Discuss Coverage of War in Iraq
Conference Examines Effectiveness of Embedded Reporters Program: A conference on the media’s role in Operation Iraqi Freedom, held from Sept. 3-5, 2003 at the U.S. Army War College in Carlisle, Pa., considered the successes and drawbacks of the embedding program during the war in Iraq.
Post War Iraq Updates: Rules for Embedded Reporters Loosened
The Pentagon’s journalist embedding program has loosened its rules in recent months, according to Editor & Publisher on Sept. 25, 2003.
Post War Iraq Updates: Los Angeles Times Reporters Injured in Baghdad Blast
Three reporters from the Los Angeles Times were injured on New Year’s Eve when a car bomb went off near the Nabil, a restaurant where they were celebrating.
Post War Iraq Updates: Los Angeles Times Reporter Dies in Baghdad
Veteran Los Angeles Times correspondent Mark Fineman died Sept. 21, 2003 of an apparent heart attack while on assignment in Baghdad.
Post War Iraq Updates: Reporters Honored at War Memorial
Senior Bush administration officials and media executives honored four American war journalists by unveiling a plaque in their memory at the War Correspondents Memorial Arch in Burkittsville, Md.
Post War Iraq Updates: Soldiers Cleared in Death of Cameraman
A U.S. military investigation has cleared U.S. soldiers who mistakenly shot and killed Reuters cameraman Mazen Dana.
Ken Starr Presents 18th Annual Silha Lecture
The 18th Annual Silha Lecture featured Kenneth Starr, whose presentation, “Political Liberty: Campaign Finance and the Freedoms of Speech and Association” provided a unique perspective on the controversial Bipartisan Campaign Reform Act, also known as McCain-Feingold.