Chapter 12 Outline

Chapter 12 Outline - Kelsey Schmitt 8101261340/240696894...

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Kelsey Schmitt 8101261340/240696894 Communication Law Dr. Lee (Sorry, my printer ran out of black ink!) Chapter 12 Outline Access to Information Access and the Constitution Journalists depend on state statutes to gain access to government records and meetings The Supreme Court o 1. First Amendment does not guarantee the public or the press a right to obtain information o 2. Journalists have no greater rights of access to information than anyone else o 3. The public’s need for access to information will be balanced against sometimes conflicting social needs o Denied Access 1. Pell v. Procunier: unrestricted interviews were part of the breakdown of prison discipline 2. Saxbe V. Washington Post: 3. Houchins v. KQED: Court denied access to a TV station that wanted to see the portion of the Santa Rita Jail where an inmate reported to have committed suicide. Lower Federal Courts o Journalists have no right of access to government facilities beyond that of the public o First Amendment prohibits officials from arbitrarily denying access or retaliating against journalists by denying access to news conferences o Executive branch can favor some journalists over others with interviews and conversations Access to Events Public Property o Press has access to public streets, parks, and sidewalks o Anyone who disobeys an official order to move away from the scene of a calamity may be charged with criminal trespassing, obstruction, or resisting arrest. o Clinton made a law making it more difficult to report on Airplane crashes Quasi Public Property o Quasi Public Property is land that serves public purpose but is not available for use by general public
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o Administrator may restrict use o Journalists need to work with public officials to develop guidelines before emergencies occur War Zones o Government permission for events in other countries o 1992 military officials and news organizations created 9 principles for media coverage of military operations o Military officials practice “security at the source” meaning that classified information was not to be disclosed to the press Access to Records Federal Freedom of Information Act o Requires that federal agencies provide any persons access to records that did not fit one of the nine exemptions o History and Purpose Bipartisan effort to increase public access to federal documents Recognized the rapid growth of information “Foster democracy” Government should disclose whenever possible and withhold only
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