Volume 13, Number 2
Bulletin Winter 2008
Volume 13, Number 2
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Cover Story: Web Site Fights Off Federal Injunction
Following two weeks of intense scrutiny and widespread condemnation from media and free speech advocates, a federal judge on Feb. 29, 2008 reversed an order aimed at blocking all access to a Web site devoted to the unauthorized publishing of government and corporate documents.
Subpoenas and Reporter Privilege News: Reporters Fight Federal Subpoenas
Former USA Today reporter Toni Locy faces fines escalating to $5,000 per day for refusing to divulge the identity of confidential sources.
Subpoenas and Reporter Privilege News: State Court of Appeals Sides with Mankato Free Press Reporter on Shield Law Challenge
Reporters for The Free Press of Mankato, Minn. do not have to turn over unpublished notes to police because the county attorney seeking the notes failed to prove a specific injustice could only be avoided through disclosure of the notes, the Minnesota Court of Appeals ruled Dec. 24, 2007.
Subpoenas and Reporter Privilege News: St. Paul Police Secretly Subpoena Reporter’s Cell Phone Records
St. Paul (Minn.) police secretly seized a reporter’s cellular phone records from his service provider in June 2007 in an apparent effort to find out who gave the reporter an arrest report.
Subpoenas and Reporter Privilege News: Reporter Shield Law Update
A new rule adopted by the Utah Supreme Court and bills under consideration in Hawaii and the U.S. Senate offer protection to journalists and their confidential sources from compelled disclosure, but some say they leave lingering questions about exactly how, and to whom, they will be applied.
Access: President Signs, then Rewrites, OPEN Government Act
President George W. Bush signed the Openness Promotes Effectiveness in our National (OPEN) Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524, on Dec. 31, 2007.
Access: Prisoner’s Challenge of Death Row Access Ban Moves Forward
The 7th Circuit U.S. Court of Appeals ruled Jan. 15, 2008 that an Indiana prisoner on death row can continue a suit seeking to overturn a U.S. Bureau of Prisons rule that bars all face-to-face media interviews with death row inmates.
Access: Minnesota Advisory Committee Resists Cameras in Courts
What had seemed to be cautious support for rule changes that would allow increased electronic media access to Minnesota courtrooms faded quickly in the face of critical testimony from local prosecutors, defense attorneys, and victims’ advocates at a January hearing before the Minnesota Supreme Court Advisory Committee on General Rules of Practice.
Access: Media Reports Raise Questions over Court Records Access
News reports on sealed case files and court records have shed light on how many documents are kept from public view, and led officials in some jurisdictions to reconsider when and how such information is sealed.
Access: Rules Restricting Photographers Draw Criticism
Filmmakers and photojournalists said new rules proposed in 2007 by both the U.S. Department of the Interior and the New York City Mayor’s Office of Film, Theatre, and Broadcasting might hamper press freedom and stifle speech.
FCC News: FCC Changes Cross-Ownership Rules Amid Intense Criticism
In a 3-2 vote along party lines, the Federal Communications Commission (FCC) approved new media ownership rules on Dec. 18, 2007 that would allow more newspaper-broadcast combinations in the largest cities.
FCC News: Temporary Compromise Reached on Cable Regulation
An effort by Federal Communications Commission (FCC) Chairman Kevin Martin to increase his agency’s regulatory power over cable television was turned back in November by strong opposition from fellow commissioners bolstered by cable industry lobbyists.
Election 2008 Issues: FEC Eases Rules on ‘Issue Ads’ Aired Before Elections
The Federal Election Commission (FEC) issued a new rule Nov. 20, 2007 allowing corporations and labor unions to broadcast issue advertisements naming political candidates in the days immediately proceding elections.
Election 2008 Issues: Washington Law on Lies by Politicians Found Unconstitutional
The Washington Supreme Court ruled Oct. 4, 2007 that the state cannot punish political candidates for making false statements about their opponents unless the false statements are also defamatory.
Election 2008 Issues: New York Times Gives Liberal Activist Group a Cheaper Ad Rate
The New York Times came under fire in September 2007 after printing a controversial Moveon.org advertisement at a reduced rate.
Election 2008 Issues: Kucinich Loses Battles to be Included in Debates
One hour before a Jan. 15, 2008 Las Vegas debate featuring presidential candidates from the Democratic Party, the Nevada Supreme Court ruled that MSNBC is free to bar Ohio Congressman and presidential candidate Dennis Kucinich (D-Ohio) from participating.
Media and the Iraq War: War Zone Remains Dangerous for Western, Iraqi Journalists
Nearly five years after the U.S.-led invasion of Iraq was launched in 2003, journalists continue to face dangerous reporting conditions in Iraq.
Media and the Iraq War: U.S. Brings Terrorism Case Against AP Photographer in Iraq
Associated Press (AP) photographer Bilal Hussein, held without charges by the U.S. military for over 20 months, received his first criminal hearing before an Iraqi investigative magistrate on Dec. 9, 2007 in Baghdad.
Endangered Journalists: In the Midst of Crisis, Musharraf Cracks Down on the Press
Pakistani President Pervez Musharraf’s crackdown on domestic and foreign journalists following the imposition of a state of emergency in Pakistan in fall 2007 has showed no signs of abating even during the Feb. 18, 2008 parliamentary elections that resulted in a resounding defeat for Musharraf’s party at the polls.
Endangered Journalists: Journalists in Afghanistan, Niger, Iran Face Death Sentences
A 23-year-old Afghan journalism student was sentenced to death Jan. 22, 2008 for downloading a document from an Iranian Web site that questions the role of women in Iran.
Endangered Journalists: Yahoo, Chinese Journalists’ Families Settle Suit
Censorship of the Internet in China continues to stir controversy and provoke legal challenges from free speech advocates.
Student Media: Internal, External Challenges at Colorado State, Loyola
The Colorado State University (CSU) student newspaper, The Rocky Mountain Collegian, faced challenges in September 2007 for a controversial editorial and in January 2008 for a proposed buyout by Gannett.
Student Media: Appeals Court Upholds Dismissal of Former Dean’s Libel Suit Against St. Cloud State Student Paper
On Jan. 25, 2008, a Minnesota Court of Appeals affirmed a lower court’s grant of summary judgment in a libel suit filed by a professor and former dean at St. Cloud State University, finding in favor of the university’s student newspaper, the University Chronicle.
Copyright/Publicity: Studios Win Copyright Judgment Against File Sharing Web Site
In December 2007, a federal district court judge in Los Angeles held a Web site that facilitates the online downloading and exchange of copyrighted movies, television shows, and music liable for copyright infringement in a suit brought by six member studios of the Motion Picture Association of America (MPAA).
Copyright/Publicity: New State Legislation Protects Dead Celebrities’ Rights
On Oct. 10, 2007, California Governor Arnold Schwarzenegger signed into law 2007 Cal. Stat. ch 439, otherwise known as the “Dead Celebrities Bill.”
Free Speech: St. Paul Police Create New Guidelines for Investigating Protest Groups
The St. Paul, Minn. Police Department has adopted new guidelines for investigating and gathering information on protest groups.
Free Speech: U.S. District Court Rules Against Funeral Protesters
A federal district court ruling in October fueled a debate about whether restricting protesters from picketing at funerals violates the First Amendment.
Libel/Defamation: New York High Court Rules in Libel Tourism Case
The New York Court of Appeals, the state’s highest court, ruled Dec. 20, 2007 that author Rachel Ehrenfeld could not continue her suit seeking to enjoin enforcement of a 2004 British libel judgment against her.
Media Ethics: Faculty at Major Journalism Schools Face Allegations of Plagiarism, Fabrication of Quotations
Recent allegations of plagiarism and fabrication leveled against journalism school scholars by students have ignited heated debate in the news industry over the definition of plagiarism and appropriate punishments for such transgressions.
Media Ethics: Cartoonists, Romance Novelist, Sex Columnist Caught Plagiarizing
Plagiarism problems plagued a variety of media in the fall and winter of 2007 and 2008, raising similar ethical dilemmas for cartoonists, romance novelists, and sex columnists and their editors.
Media Ethics: New York Times’ McCain Story Draws Criticism, Support
An article about Republican presidential nominee Sen. John McCain’s (R-Ariz.) relationship with a female lobbyist published in The New York Times on February 21 prompted an immediate backlash from the McCain campaign and media commentators who raised questions about the Times’ ethics and its use of confidential sources.
Media Ethics: Plans to “Monetize” News Content Raise Ethics Concerns
As news organizations seek innovative ways to boost slumping advertising revenue, journalists and commentators have spoken out when they believe the new advertising and content sponsorship plans cross ethical lines.
Media Ethics: At White House Behest, New York Times Withholds Story
The New York Times reported in a Nov. 18, 2007 story about U.S. efforts to aid Pakistan nuclear arms security that some details of the story had been held for more than three years at the request of the Bush administration.
Media Ethics: U.K. Television Network Fined Big for Fake Phone-in Contests
On Dec. 20, 2007, the British Office of Communications (Ofcom) fined television station Channel 4 one and a half million pounds for phone-in competitions that were conducted unfairly.
Media Ethics: Forum Addresses Ethics Question for Online Journalism
Standards of ethics in the emerging realm of online journalism was the topic of a forum held at Minnesota Public Radio’s (MPR) UBS Forum in downtown St. Paul on Feb. 25, 2008.