com260-ch6-access - Com260 Access to Places and Information...

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    Com260: Access to Places and Information Power Point Presentations for Cal Poly Pomona COM 260 Based on J.D. Zelezny’s “Communications Law” Copyright © 2006 by Mariusz Ozminkowski For permission to use email [email protected]
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    The First Amendment Protection of News Gathering Limited Protection: There is no guarantee of access There is no special protection for media actions / work “The First Amendment does not provide a license to violate valid criminal law”
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    Lawrence Matthews case (1998) A U.S. District Court in Maryland refused to dismiss charges of transporting and receiving child pornography against a free-lance journalist. Matthews argued that he was gathering news, not child pornography The Court: “The First Amendment does not grant the press automatic relief from laws of general application.”
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    Liability for Newsgathering Methods   Journalists may be subject to criminal liability for their newsgathering techniques. Some common legal areas (in addition to the invasion of privacy) include: Trespass Fraud / Misrepresentation
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    Trespass An intentional, unauthorized entry onto land that is occupied or possessed by another. “There is no journalists’ privilege to trespass.” (Desnic v. ABC 1995) Applies to private and government-owned property Also: criminal trespass
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    Trespass Possible Defenses Express Consent (specific authorization) But beware of exceeding scope of consent or
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