Volume 23, Number 3
Below is the Table of Contents for the Summer 2018 Silha Bulletin. Click on the title to read the full article.
Cover Story: Journalists Face Physical Violence, Other Dangers in the United States and Abroad
In the late spring and early summer of 2018, several journalists faced different dangers in the United States and abroad.
Leak Investigations: Trump Administration Targets Journalist, Leaker of Government Information, and Former Government Employees Who Took Classified Documents
In the spring and summer of 2018, President Donald Trump’s administration continued to target and prosecute leaders of government information, as well as individuals who took classified documents without authorization.
Supreme Court News: U.S. Supreme Court Justice Anthony Kennedy Retires, Leaves Strong Legacy on First Amendment Jurisprudence, Mixed Legacy on Fourth Amendment
On June 27, 2018, U.S. Supreme Court Associate Justice Anthony Kennedy sent a letter to President Donald Trump announcing that he was retiring after 30 years on the court.
First Amendment: Federal Courts and State Governors Deal with First Amendment Implications of Politicians Blocking Social Media Users
In the spring and early summer of 2018, two federal judges reached different rulings in cases raising First Amendment questions about politicians blocking social media users.
Defamation: Minnesota and Federal Courts Grapple with Defamation Questions; Right-Wing Radio Host Faces Several Defamation Lawsuits
In the first half of 2018, the Minnesota Court of Appeals and a federal district court grappled with questions arising in defamation cases.
Supreme Court News: U.S. Supreme Court Rules Law Enforcement Must Obtain Warrant to Access Individuals’ Historical Cell Site Records
On June 22, 2018, the U.S. Supreme Court, in Carpenter v. United States, ruled in a 5-4 decision that government actors need a warrant to obtain historical data from cell phone carriers detailing the movements of a cellphone user, known as cell site location information (CSLI).
Reporter’s Privilege: New York’s Highest Court Rules New York Times Reporter Must Testify in Trial
On June 27, 2018, the New York Court of Appeals, the state’s highest court, ruled in a 4-3 memorandum order that New York Times reporter Frances Robles did not have the right to appeal a trial judge’s decision compelling her to testify about jailhouse interviews she had conducted with Conrado Juárez, who was accused of killing a toddler in 1991.
Editorial Control: Pittsburgh Post-Gazette Fires Longtime Editorial Cartoonist Rob Rogers
On June 14, 2018, several media outlets reported that the Pittsburgh Post-Gazette had fired its longtime editorial cartoonist, Rob Rogers.
Net Neutrality: FCC Repeal of Net Neutrality Takes Effect, Faces Continued Legal and Legislative Opposition
On June 11, 2018, the Federal Communication Commission’s (FCC) repeal of net neutrality officially took effect, leading several observers to consider the possible implications of the repeal.
Searches and Seizures: U.S. Customs and Border Protection Actions Continue to Raise First and Fourth Amendment Questions
On Jan. 4, 2018, U.S. Customs and Border Protection (CBP) issued a new directive revising its policies regarding searches of electronic devices and information at U.S. borders amidst growing criticism from observers that such searches without probable cause or a warrant constituted a violation of the First and Fourth Amendments.
Privacy: Courts in the United Kingdom and the United States Wrestle with the “Right to Be Forgotten”
In the first half of 2018, courts in the United Kingdom (UK) and the United States grappled with the “right to be forgotten,” the right of individuals to have online search engine search results removed.
Privacy: Wetterling Family Decides Not to Appeal Judge’s Order Requiring the Release of State Documents from Wetterling Investigation
On July 21, 2018, the Minneapolis Star Tribune reported that the family of Jacob Wetterling, who 1989 abduction and murder prompted a 27-year investigation, had decided not to appeal a district judge’s ruling requiring the release of state documents from the investigation case file.
Press Freedom: Federal Judge Imposes Prior Restraint on Los Angeles Times, Later Vacates Own Order
On July 14, 2018, the Los Angeles Times reported that Judge John F. Walker of the U.S. District Court for the Central District of California had ordered the newspaper to remove information from an article concerning a plea agreement between prosecutors and a Glendale, Calif. police detective tied to organized crime.
FOIA: District Court Rules in Favor of CIA in Selective Disclosure FOIA Case
On March 29, 2018, Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York granted the Central Intelligence Agency’s (CIA) motion for summary judgment in a Freedom of Information Act (FOIA), 5 U.S.C. § 552, case brought by Adam Johnson, and independent journalist and contributing analyst for Fairness and Accuracy in Reporter (FAIR), a progressive media watchdog organization.
Cameras in Courtroom: Minnesota Supreme Court Allows Audio and Video Recordings in Some Portions of Criminal Cases
On July 2, 2018, the Minnesota Supreme Court issued an order allowing audio and video recording in most criminal proceedings “after a guilty plea has been accepted or a guilty verdict has been returned.”
Copyright: U.S. Court of Appeals Calls PETA Bananas in Monkey Selfie Case
On April 24, 2018, the U.S. Court of Appeals for the Ninth Circuit ruled that an Indonesian monkey named Naruto could not sue for copyright infringement over the publication of selfies he took using photographer David John Slater’s unattended camera in 2011.
Silha Center Events: Theodore J. Boutrous, Jr. to Deliver 33rd Annual Silha Lecture: “The First Amendment and #MeToo”
On Dec. 18, 2017, Time magazine named “The Silence Breakers” as 2017 “Person of the Year,” recognizing the #MeToo movement, an international campaign against sexual harassment and assault.
Dr. Hazel Dicken-Garcia, Former Interim Director of the Silha Center, Passes Away in May 2018
On May 30, 2018, Hubbard School of Journalism and Mass Communication Emerita Professor Hazel Dicken-Garcia passed away at the age of 79.
In Memory of Helen Fitch Silha
The Silha Center gratefully acknowledges the generosity of the following who made donations in memory of Helen Fitch Silha.