Volume 9, Number 2
Bulletin Winter 2004
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D.C. Circuit Rules That Reporters Have No Constitutional Right of Access to Military Operations
The U.S. Court of Appeals for the D.C. Circuit ruled on Feb. 3, 2004, that reporters do not have a constitutional right to be embedded with U.S. troops during combat.
Representative Rangel Introduces Resolution for Press Access
On March 11, 2004, saying that a “cloak of secrecy” surrounds the homecoming of soldiers’ remains, Rep. Charles Rangel, D-N.Y., introduced a resolution calling “for the removal of all restrictions from the public, the press, and military families in mourning” that would prohibit them from access to military installations such as Dover Air Base in Delaware, where war dead are returned stateside.
FCC Updates: Crackdown on Indecency Leads to Historic Fines
Janet Jackson’s and Justin Timberlake’s controversial Super Bowl halftime performance may not have prompted the current Congressional and Federal Communications Commission crackdown on broadcast indecency.
FCC Updates: Prometheus Radio Project v. FCC
A three-judge panel of the U.S. Court of Appeals for the Third Circuit heard oral arguments in February 2004 in Prometheus Radio Project v. FCC, No. 03-3388, a challenge to the Federal Communications Commission’s rules allowing increased consolidation of media ownership.
FCC Updates: Senate’s Compromise Lowers National TV Ownership Cap by 6 Percent
Under the apparent threat of a presidential veto, the United States Senate agreed in January to allow television networks to grow bigger - but neither as big as a 2003 Federal Communications Commission rule would have allowed nor as big as networks would have liked.
Access to Documents: Library of Congress Opens Former Justice Blackmun’s Papers
The Library of Congress on March 4, 2004, opened the voluminous personal papers of former Supreme Court Justice Harry Blackmun, a move court-watchers say could yield unprecedented insight into a quarter-century of Supreme Court decisions.
Access to Documents: Bill Prohibiting Access to Identities of Peace Officers Tabled
A Delaware bill that would prohibit public access to names of police, parole and probation officers under the state’s Freedom of Information Act was tabled by the state Senate in late January, less than a week after the state House passed it unanimously, according to a Jan. 29, 2004 report in The (Wilmington, Del.) News Journal.
Access to Documents: Judge Orders Release of Papers Relating to Sheriff’s Arrest
The Michigan Court of Appeals has ordered the Kent County (Mich.) Sheriff’s Department to release files and reports concerning a sergeant who was arrested in a prostitution sting two years ago.
Access to Documents: Seattle Schools Attempt to Block Access to Complaints Records
As The Seattle Times tried to gather information for an investigation of sexual misconduct charges against teachers and coaches, a major suburban Seattle school district joined forces with its teachers union to block access to public records, the newspaper reported in December 2003.
Reporters Privilege: BusinessWeek Reporter May Be Called to Testify
Judge Michael Obus of the New York Supreme Court, a trial court in Manhattan, has ruled that a BusinessWeek article may be admitted into evidence in the trial of two former Tyco executives accused of misuse of company funds, but has yet to announce whether the author of the article will have to testify in the case.
Reporters Privilege: Cincinnati CityBeat Reporter Testifies Before City Council
On Feb. 3, 2004, Cincinnati CityBeat reporter Leslie Blade complied with a subpoena from Cincinnati's city council and testified regarding a story published December 10.
Endangered Journalists Around the World
Canada: Royal Canadian Mounted Police searched the home and newsroom office of Canadian reporter Juliet O’Neill on Jan. 21, 2004, after she wrote a story about Syrian-born Canadian citizen Maher Arar, who was suspected to have links to al-Qaida.
Ethics: Jeb Bush Bans Newspaper from Press Conference
When Florida Gov. Jeb Bush excluded the 500,000-circulation Palm Beach Post from his annual year-end press conference in December, his office said the move was prompted by “unprofessional behavior” on the part of the newspaper’s reporters.
Ethics: Allegations of Unethical Practices Lead to USA TODAY Reporter’s Resignation
On March 18, 2004, USA TODAY released the initial findings of a team of journalists who were investigating 720 stories filed by Jack Kelley from 1993 through 2003.
Ethics: Virginian-Pilot Fails to Disclose Details of Reporter’s Death
On Feb. 1, 2004, the Virginian-Pilot reported that the newspaper’s military reporter Dennie O’Brien had passed away the day before, but the report did not specify the cause of death.
Ethics: Judge Orders Attorneys to Stop Giving Interviews in Kidnapping Case
The judge presiding over the case against the man charged with kidnapping University of North Dakota student Dru Sjodin ordered attorneys to stop granting media interviews regarding the case in January 2004.
Ethics
Falsified Resume: Michael Freeman, The Indianapolis Star
Tenth Circuit Rules National “Do-Not-Call” Registry Constitutional
The Tenth Circuit ruled on Feb. 17, 2004, that the national do-not-call registry is a valid regulation of commercial speech that does not violate the First Amendment.
Music Copyright: Musicians Form Alliance to Sell Work Online
Some music artists are answering the call of online users who want to download music off the Internet.
Music Copyright: DC Circuit Rules: RIAA Cannot Subpoena ISPs
The Recording Industry Association of America (RIAA) is no longer able to use its favored tactic of issuing subpoenas to Internet service providers (ISPs) in order to obtain the identity of suspected copyright infringers.
Access to Courts
In addition to support the public’s right to know, journalists often struggle to gain access to court information and proceedings to which public access has been restricted.
Secrecy is Compounded as Supreme Court Refuses to Hear an Appeal in M.K.B. v. Warden
The U.S. Supreme Court has refused to hear an appeal in the case of M.K.B. v. Warden, docket 03-6747, 2004 U.S. LEXIS 1553, which challenged government secrecy in a case involving a waiter who served two of the September 11 hijackers.
Student Press Updates
Illinois: On Jan. 8, 2004, the U.S. Court of Appeals for the Seventh Circuit re-heard oral arguments in Hosty v. Carter, a case involving the censorship of a student newspaper at Governors State University in Illinois.
US Internet Updates
Ninth Circuit Opens Door for Search Engine Ad Lawsuits: The U.S. Court of Appeals for the Ninth Circuit ruled on Jan. 14, 2004, that Playboy Enterprises could sue over use of its trademarks for targeted advertising sales by Internet search engines.
Silha Center Files Comments on Records Access
On Feb. 12, 2004, the Minnesota Supreme Court Advisory Committee convened a public hearing for comments on that committee’s Rules of Public Access to Records of the Judicial Branch (Access Rules).