Volume 13, Number 4
Bulletin Summer 2008
Volume 13, Number 4
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Cover Story: 3rd Circuit Strikes Down FCC’s Super Bowl Fine as ‘Arbitrary and Capricious’
On July 21, 2008, the 3rd Circuit U.S. Court of Appeals in Philadelphia overturned the Federal Communications Commissions (FCC)’s imposition of a record-setting fine against CBS Corp. for its broadcast of the infamous 2004 Super Bowl Halftime Show “wardrobe malfunction.”
FCC News: Senate Votes to Block FCC’s Cross-Ownership Rule Change
The U.S. Senate passed a bill May 15, 2008 that would overturn rules adopted in December 2007 by the Federal Communications Commissions (FCC) to loosen cross-ownership restrictions.
Subpoenas and Journalist’s Privilege: Washington Times Reporter Gertz Not Forced to Testify
A federal judge who had subpoenaed a Washington Times reporter as part of an investigation into a leak of grand jury testimony opted not to force him to reveal his confidential sources on July 24, 2007, but the reporter now faces a subpoena from a federal grand jury.
Subpoenas and Journalist’s Privilege: Hatfill Suit Settled, Reporter Locy’s Fate Still Unclear
A settlement in Steven Hatfill’s Privacy Act suit against the government means former USA Today reporter Toni Locy may no longer be subject to a civil contempt order that included fines of up to $5,000 per day.
Subpoenas and Journalist’s Privilege: Hawaii Enacts 36th State Shield Law
Hawaii’s governor signed a bill into law on July 2, 2008 that prevents government officials from forcing journalists to divulge anonymous sources except under certain circumstances.
Subpoenas and Journalist’s Privilege: Judge Quashes Subpoenas to 15 Pennsylvania Reporters
On July 15, 2008, a Pennsylvania judge threw out subpoenas issued to 15 journalists summoned to testify at a closed hearing to investigate alleged leaks in the grand jury probe of a casino owner.
Subpoenas and Journalist’s Privilege: UK Journalist Complies with ‘Production Order’
A British freelance journalist’s fight to prevent police from seizing his notes about a terrorism suspect ended when the High Court ordered him to hand over copies of his notes, audio tapes, and computer records on June 26.
Subpoenas and Journalist’s Privilege: Secrecy, Subpoena in R. Kelly Trial
The child pornography trial of R&B star R. Kelly drew media attention not just for its high profile subject and the salacious nature of the charges, but because it involved issues that are high on the list of media law concerns: trial secrecy and the subpoena of a journalist.
Supreme Court Rulings: Supreme Court Strikes Down ‘Millionaire’s Amendment’ to Campaign Finance Law
For the second time in two terms, a 5 to 4 decision by the U.S. Supreme Court has struck down a provision of the Bipartisan Campaign Reform Act of 2002, better known as the McCain-Feingold Act, because it violated the First Amendment.
Supreme Court Rulings: Court Unanimously Rejects Limits on Duplicate FOIA Suits
A unanimous U.S. Supreme Court ruled June 12, 2008 that the government may not reject Freedom of Information Act (FOIA) requests for federal agency documents on the ground that another party has already unsuccessfully sued for the same documents.
Election 2008: Protest Groups Fight to be Heard at National Party Conventions
In the lead-up to the 2008 Republican National Convention (RNC) in St. Paul, Minn. and the Democratic National Convention (DNC) in Denver, groups planning to demonstrate at the events were unsuccessful in their lawsuits challenging parade routes and public demonstration zones that they argued unfairly restricted their rights to be seen and heard.
Access: Minnesota Supreme Court Holds Hearing on Cameras in Courts
The Minnesota Supreme Court heard arguments July 1, 2008 from an advisory committee and a number of proponents and detractors of a proposed change in the state’s rules that would make it possible for news media cameras to gain access to the state’s district courtrooms.
International: Media, Free Press Advocates Say Beijing Game Organizers Backed Away from Promises
Journalists and free press advocates criticized organizers of the 2008 Beijing Olympics when it became apparent a few days before the games were set to begin that some Web sites were blocked on the Internet service provided to members of the media.
International: Roundup: Russian Media Feel Pressure from Kremlin
Claims of increasing media censorship in Russia have focused on the impromptu closing of a newspaper that often lampooned political leadership, the June 2008 “extremism” conviction of two journalists, and accusations of a television talk show “blacklist” — all of which were said to be politically motivated.
International: Charges Filed in Politkovskaya Murder, Killer Still at Large
Russian authorities have brought charges against several men in connection with the October 2006 murder of revered journalist Anna Politkovskaya, while her killer is said to be hiding in Western Europe and an investigation into the organization of the suspected contract killing is ongoing.
New Media: 5th Circuit Holds MySpace Not Responsible for User Misuse
The 5th Circuit U.S. Court of Appeals ruled May 16, 2008 that a federal law shielded the Web site MySpace from liability for the sexual assault of a Texas girl who met the man who assaulted her via the popular social networking site.
Copyright: Campuses See Upswing in Copyright Infringement Notices
Colleges and universities reported a surge in copyright infringement notices from the Recording Industry Association of America (RIAA) in spring 2008 amid increasing criticism of the association’s methods of tracking online piracy.
Copyright: AP Challenges Web Sites over Fair Use, Limits Still Unclear
The Associated Press’ (AP) most recent attempt to protect its news content from online copyright infringement created an uproar in the blogosphere.
Copyright: Update: TorrentSpy Ordered to Pay Over $110 Million in Damages to MPAA
A May 5, 2008 ruling by Judge Florence-Marie Cooper of the U.S. District Court of the Central District of California placed a permanent injunction on the file sharing Web site TorrentSpy, and awarded the plaintiff motion picture studios statutory damages of $110,970,000 — or $30,000 each for 3,699 infringements — plus court costs.
Student Media: 2nd Circuit Rules School Can Punish Teen for Online Criticism of Administrators
A federal appeals court ruled May 29, 2008 that school officials did not violate a Burlington, Conn. high school student’s First Amendment rights in denying her the position of class secretary after she posted a personal blog entry calling school administrators “douchebags” and encouraging readers to voice their displeasure with them.
Student Media: Student Media Roundup: In California, Student Journalists and Principals Clash, Legislators Pass Media Adviser Protection Bill
Two California high school principals threatened their school newspapers after they disagreed with students’ editorial choices in spring 2008.
Libel: New York Law Protects Authors from Libel Tourists
New York Governor David Paterson signed a bill April 30, 2008 that grants statewide protection to writers and publishers convicted of libel in foreign courts.
Media Ethics: Washington Post Reporter Loses Job over Blog
A Washington Post staff writer lost his job in April 2008 after he revealed he was also writing for an unrelated sports blog.
Silha Center News: Guardian Readers’ Editor Butterworth to Deliver Silha Lecture
Who is a journalist? What is “responsible journalism?”
Silha Center News: Drechsel Named Silha Visiting Fellow
The Silha Center for the Study of Media Ethics and Law has announced that it will welcome Silha Visiting Fellow Professor Robert Drechsel for the fall 2008 semester.
Silha Center News: Silha Fall Forum Will Address FCC Cross-Ownership Rules
On Thursday, Oct. 23, 2008, the Silha Center for the Study of Media Ethics and Law will present a special Fall Forum addressing media cross-ownership featuring Rosemary Harold, Deputy Chief of the Media Bureau of the Federal Communications Commission (FCC).