Fall 2013 Silha Bulletin

Volume 19, Number 1

Below is the Table of Contents for the Fall 2013 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Fall 2013: Volume 19, No. 1
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Cover Story: Snowden Leaks Continue to Reveal NSA Surveillance Programs, Drive U.S. and International Protests and Reforms
Months after the June 2013 leaks by former U.S. National Security Agency (NSA) contractor Edward Snowden revealed NSA surveillance practices to the world, government responses to the leaks have spurred domestic and international efforts at reforming data security and have led to contentious international relations. 

Federal Shield Law: Senate Considers Federal Reporter’s Privilege Bill
On May 16, 2013, Senators Chuck Schumer (D-N.Y.) and Lindsay Graham (R-S.C.) introduced S.987, the Free Flow of Information Act of 2013 (FFIA). 

Reporter’s Privilege: Reporters Struggle to Claim Privilege to Avoid Testifying About Confidential Sources
Several reporters who received information from confidential sources have faced potential jail time and fines for refusing to testify about their sources in recent months. 

Online Speech: Courts Expand Protection for Online Speech, Define When Some Online Speech Is Private
Courts have granted protection to unique types of online speech under the First Amendment in recent months. 

California Legislation: California Legislators Address Data Protection and New Technology on Several Fronts
With a burst of legislation, the California legislature tackled several topics related to privacy in the fall of 2013. 

SPEECH Act: Fifth Circuit Denies Enforcement of Canadian Defamation Judgment in Mississippi Court, Cites SPEECH Act
On Sept. 5, 2013, a unanimous panel of the United States Court of Appeals for the Fifth Circuit upheld a district court ruling granting summary judgment to a Mississippi blogger who argued that a Canadian defamation judgment could not be enforced against him because it violated the 2010 Securing the Protection of our Enduring and Established Constitutional Heritage (“SPEECH”) Act, 28 U.S.C. § 4102.

Copyright: Copyright Decisions Emphasize the Broad Protections of the Fair Use Doctrine in Infringement Cases
Courts examining the fair use doctrine, a defense to copyright infringement, have expanded how much of the copyrighted works of others can be used in several high-profile cases in the second half of 2013. 

International News: China Intensifies Crackdown on Microblogging
On Sept. 9, 2013, the Chinese Supreme People’s Court and Supreme People’s Procuratorate announced a new interpretation of the country’s law against spreading rumors via social media. 

Cameras in the Courtroom: Minnesota Supreme Court Approves Use of Cameras in Civil Cases, Considers Expansion to Criminal Cases
On Dec. 3, 2013, the Minnesota Supreme Court issued an order amending Rule 4 of the Minnesota General Rules of Practice, permanently allowing video cameras in certain Minnesota courtroom proceedings. 

Ethics: Ethical Issues in Fall 2013 Include Questionable “60 Minutes” Source, Restrictive White House Photography Practices
During the fall of 2013, major issues in media ethics included a “60 Minutes” correspondent failing to properly vet a key source in a story about the September 2012 terrorist attack in Benghazi, and news organizations criticizing the Obama administration for not allowing professional photojournalists to cover the president at public events. 

Silha Center Events: Silha Lecture Links Pentagon Papers and Obama Administration’s Treatment of Leakers
Leading First Amendment lawyer James C. Goodale said that President Obama should take a lesson from the Pentagon Papers case and rethink his approach to conflicts between national security and the First Amendment.