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oThe Nine ExemptionsNational securityInternal agency rules and proceduresDisclosures forbidden by other statutesTrade secretsAgency memorandaPersonal privacyLaw enforcement recordsFinancial recordsGeological informationoAccess to MeetingsGovernment in the Sunshine Act—federal agencies, commissions and boards with some independent authority and whose members are appointed by the president conduct their business inpublic and give public notice of their meetings. 10 exemptions to close oDenying Access to RecordsoPrivacy Act – gives people right to examine govt. files that contain info about themselvesoExemptions (with Acts ) – Medical, Driver’s Information, etc. Chapter 8 - Reporter’s Privilege: Protecting the WatchdogsoReporter’s privilege- concept that reporters can keep information such as sourceidentity confidential. The idea is that the reporter–source relationship is similar to doctor–patient and lawyer–client relationships.o40 years oldoquash - request to a court to vacate the order.oBranzburg oTest:PossessionNo alternativesRelevance oPoints of Law:Contempt of court – gives judge power to punish willful disobedience of court order with administration of justiceCivil contempt – compel individual to do something Criminal Contempt – willfully disobeys a court order or obstructs court proceedings oJournalists may receive subpoenas that requirethem to reveal information in judicial proceedingoThose who fail to comply with a subpoena, including journalists who are
denied reporter’s privilege, are subject to contempt of court citations, which can result in time in jail and/or fines.oShield Laws – law that protects journalist from being found in contempt of court for refusing to reveal sources oVaries by state49 have recognized reporters priv.Journalists involved in federal court cases can rely only upon the uncertain privilege of the common lawSeveral state courts have ruled bloggers do not qualify as journalists for shield law purposes.oBreaking Promises of ConfidentialityoPromissory Estoppel – requires courts to enforce a promise if it is relied on and its breach creates and injustice that should be remedied by law Generally applicable oPrivacy Protection ActoPrivacy Protection Act (1980) – limits use of search warrants against public communicatorsWeek 5 Chapter 9 - The Media and the Courts: Preserving Public Trials and Preventing PrejudiceoFair TrialsoCourtroom Terms – oSequestration- isolation of jurors to avoid prejudice from publicity in a sensational trial.ogag orders- nonlegal term used to describe court orders that prohibit publication or discussion of specific materials.