Ch. 15 Legal Issues Online and Offline
First Amendment
"Congress shall make no law... abridging the freedom of speech or of the press..."
What does this mean?
Reno v. ACLU (1997)
Is the Internet more like print or broadcasting?
Legal Issues
1. Libel
publishing false and defamatory statements that damage the reputation of the individual
a false statement of fact vs. an opinion
is the fact implied?
the difference between public officials, public figures and private figures
Libel is state law
the Internet makes this hazy!
2. Shield Laws
Ability to protect sources
Journalist - source privilege
What happens if this privilige isn't found (or is violated)?
Also state law
3. Privacy
Intruding on someone's space (physical or otherwise)
Ex.Trespassing
Ex. Private records
Also state law (but some federal)
4. Obscenity
What is obscene?
Judged by community standards
What community?
Federal law
5. Copyright
Certain rights for original ideas fixed in tangible form
| Protects journalists | Protects others |
| your stories are copyrighted | you can't use someone else's copyrighted material without their permission |
| but, who holds the copyright? | |
| no one can use your stories, photos, video without permission |
Note: facts cannot be copyrighted, presentations of facts can
The exception:
Fair Use
Under certain circumstances journalists and educators can use copyrighted materials (or portions thereof) without having to get permission
Ex. Book reviews, movie reviews, class handouts of a newspaper article
In all cases, attribution is necessary!
A note: almost all journalistic organizations subscribe to wire services and/or news pools
Ex. Associated Press/reporters on Air Force One