Media Law: The Big Picture

What areas does media law cover? This presentation overviews the types of issues media law covers.

Transcript

1. TCCJ Workshop Chip Stewart Bob Schieffer College of Communication, TCU @MediaLawProf Oct. 9, 2015
2.  Constitutional Law  First Amendment, but also 4th, 5th, 6th, 14th…  Torts  Defamation, Privacy, IIED  Contracts  Terms of Service, Employee/Freelancer, Licensing  Intellectual Property (copyright, TM)  Criminal Law  Trespass, Recording, CFAA, Espionage Act  Freedom of Information  Reporter Shield
3.  “Congress shall make no law…abridging freedom of speech, or of the press”  Congress doesn’t mean Congress, no law doesn’t mean no law, speech doesn’t mean speech, press doesn’t mean press  Speech clause: Makes it difficult for government to punish speech it doesn’t like  Unprotected speech: Obscenity, Fighting Words, False Advertising, True Threats, some libel  Press clause: Makes prior restraints on publication extremely difficult for gov’t  Near v. Minnesota (1931), Pentagon Papers (1971)  What about gag orders?
4.  In smartphone/drone era, recording photos and videos are easy and cheap  Quick drone law: Gov’t use OK, commercial not, fly below 400 feet, don’t interfere with aircraft  First Amendment generally protects people’s right to take photos/record in public places  Especially activities of public servants, police  Consider Texas improper photography law  What about live streaming?
5.  Don’t ignore it!  If you have a lawyer, get letter to him or her  Will mean other lawyer will have to contact your lawyer from then on  Can begin negotiation on your own as well  Respond promptly, be professional, be polite  Listen to concerns of complainant  Is there a simple, non-threatening fix (clarification, correction, run letter to editor?)  Think like a hurt reader/source – what are they looking for?
6.  Don’t ignore it!  See what it’s asking for (testimony? evidence?)  Give it to your lawyer if possible  Can file motion to quash if inappropriate  Texas Reporter Shield Law may help  Passed in 2009  Covers people who work as journalists for a “substantial portion” of their livelihood  Generally, party must show no other way to get info, central importance to case, not overbroad  But no federal shield yet…
7.  That’s the next presentation…