Saturday, March 7, 2009

New Courses Help Reporters Understand The Laws That Affect Access To Information

The Freedom of the Press Committee of the National Press Club announces a new series of courses intended to help reporters understand the laws that affect their access to information, as well as their rights as journalists.

Taught by media attorneys and journalists who are experts in the fields covered, each monthly class will address a different subject. The series is co-sponsored by the Reporters Committee for Freedom of the Press, a First Amendment and freedom of information advocacy and research group based in Arlington, Va.

"The First Amendment is the cornerstone of our work as journalists," NPC President Donna Leinwand said. "As Sunshine Week approaches, I hope journalists will not only celebrate this fundamental underpinning of our democracy, but also strive to learn more about how to protect, promote and use it to improve their reporting."

The first class, which coincides with Sunshine Week, examines the basics of federal and state freedom of information laws. It covers the types of records a journalist can expect to get, good stories that have resulted from records requests, and recent changes to the federal FOIA. It also explores how the Obama administration appears to be handling government transparency issues. Subsequent classes will provide a look at other issues ranging from copyright law to anonymous sources.

The classes will meet in the Library Classroom and registration will be limited to 24 participants. Registration is free for National Press Club members. Non-members may register for a $10 fee. Registration information and reminders for each course will be posted on the Press Club's site as well as published in the Wire. To register for a class, e-mail Melinda Cooke at mcooke@press.org.

Freedom of information

March 18, 10 a.m.

This course is a basic tutorial on FOIA and its state counterparts -- how to gain access to records and meetings under the laws and what to do when the laws don't apply or work. We will discuss examples of important stories that came out of open records requests, look at recent changes to FOIA and explore how the Obama administration has addressed transparency in its first months.

Business reporting

April 21, 6 p.m.

This class will address specific considerations to keep in mind when reporting on business or financial issues, such as products, bankruptcy, markets, scandals or consumer issues. We will examine specific cases, such as the libel lawsuit filed by Texas cattlemen against Oprah Winfrey and the complaint filed by Suzuki against Consumer Reports, to see how courts have interpreted the relevant laws.

Copyright in the Online World

May 14, 10 a.m.

This covers the overall basics of copyright law and fair use, including:

The requirements for a valid copyright
Why registration is not necessary but often preferable
The concept of public domain
The basic "substantial similarity" test
The "SafeHarbor" immunity provision of Section 512 of the Digital Millennium Copyright Act
Fair Use, generally
Court access 101

June 17, 4 p.m.

This class will cover the fundamentals of court access. We will discuss the structure of the right to cover court proceedings (trials and pre-trial hearings), access to discovery materials in civil cases and access to court documents generally in criminal and civil cases. We will also discuss issues related to jury and grand jury secrecy and cameras in courts as well as specialized proceedings, such as extradition proceedings and military courts martial. Finally, we will discuss practical measures reporters can take to minimize secrecy in court and to access records that have been sealed.

What is "fair" reporting?

July (date and time TBD)

When quoting from court documents, public records and Web sites, there are legal issues reporters should consider before using someone else's material. The class will provide an overview of two important legal doctrines -- "fair use," which allows reporters to use text or images from online sources under certain circumstances, and the "fair report privilege," which may provide a defense against libel claims when a journalist reports on the contents of court documents and public records.

Access to Electronic Communication

August (date and time TBD)

E-mail and other electronic messages exchanged by public officials on public accounts generally should be released, but there are barriers. Hear about the issues raised by Sarah Palin's Yahoo! e-mail account, the text messages that brought down Detroit's mayor and the e-mail lawsuits involving the governor in Missouri. We will also discuss laws that require retention of electronic messages.

Legal Aspects of Sports Credentialing

September (date and time TBD)

The course covers the growing efforts of major, minor and amateur sports leagues and events to control access to their stadiums and to what is published about their events. The class will address how the First Amendment may or may not apply and how copyright law may apply. We will discuss the options available to journalists who are faced with restrictive credentialing provisions. Many of the concepts covered in this class may apply to other types of situations where journalists need access to cover events.

Protecting Anonymity

October (date and time TBD)

From confidential sources to anonymous bloggers, this course will provide an overview of the statutes and case law that have allowed their identities to remain secret. We will discuss any updates to the proposed federal shield law as well as a handful of recent cases that have protected the identities of anonymous speakers online.

Secret courts, secret dockets

November (date and time TBD)

This class will deal with the phenomenon of secret cases, whereby dockets are sealed and the mere existence of a case is unknown to the public. The class will deal with secrecy in both civilian and military courts. We will also examine the increasing volume of such cases, which have numbered in the thousands in both state and federal courts over the past few years, and offer tips for spotting such cases and pushing for public access to them.

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