The Silha Bulletin

Below is the Table of Contents for the 2025 Fall edition of the Silha Bulletin.  Click on the title to read the full article.

Silha Bulletin Fall 2025
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Cover Story: Pentagon Changes Press Policy; Exodus of Established Journalism Organizations from Press Corps Replaced By Right Wing Outlets
Since being confirmed as the Secretary of Defense on Jan. 24, 2025, Pete Hegseth has repeatedly acted to limit news media access to the Pentagon.

FCC: ABC Temporarily Suspends Jimmy Kimmel Live! in Response to Pressure from FCC Chair Brendan Carr, Raising Important Issues of Government Interference with Broadcast Media
On Sept. 10, 2025, right wing activist Charlie Kirk was assassinated while speaking to an audience at Utah Valley University in Orem, Utah.

Media Ethics: Firings of Journalists in the Wake of Charlie Kirk Assassination Raise Legal and Ethical Questions 
Following the Sept. 10, 2025, assassination of the conservative activist and commentator Charlie Kirk, several prominent journalists were fired or suspended for comments they made about the killing, raising pressing questions of journalism ethics and press freedom.

Attacks on the Press: Trump Lashes Out at Female Reporters, Prompting Accusations of Misogyny From Press Advocacy and Journalism Ethics Groups 
Although President Trump has always had a contentious relationship with the press, and has often insulted reporters and media members, beginning in November 2025, he began to lash out more frequently at women reporters in particular, using what critics say is misogynistic and gendered language.

Corporate Influence on Media: Paramount Acquires The Free Press; Bari Weiss Named Editor-in-Chief of CBS News
On Oct. 6, 2025, Paramount, the parent company of CBS, announced that it had acquired the independent new media company The Free Press, which was founded by the journalist and commentator Bari Weiss.

Defamation: Trump Sues BBC for Defamation and Violation of Florida Consumer Protection Law Over Alleged Misleading Editing
According to reporting from The New York Times, on Dec. 15, 2025, President Donald Trump sued the British Broadcasting Corporation (BBC) for defamation and violation of the Florida Deceptive and Unfair Trade Practices Act (FUDTPA), Fla. Stat. § 501.201, in relation to a documentary film released by the network in 2024 entitled “Trump: A Second Chance?”

Defamation: Trump and Nunes Pursue Questionable Libel Claims
Three defamation suits were brought against the news media in mid-2025, two by President Trump and one by Trump Media CEO Devin Nunes followed a pattern seen often in recent years: high-profile allegations against the press, accompanied by demands for exorbitant damages.

Defamation: AI Mistakes and Hallucinations Raise Novel Defamation Law Issues 
As AI continues to evolve, a new question for defamation law emerges: what happens when the defamatory “speaker” is not a person at all, but a large language model?

Media Ethics: Former CNN Reporter Jim Acosta’s Interview of AI-Generated Avatar of Parkland Shooting Victim Raises Ethical Concerns 
On Aug. 4, 2025, former CNN correspondent Jim Acosta shared a video on his independent Substack in which he purported to “interview” an AI-generated model of Joaquin Oliver, who was killed in the 2018 Parkland school shooting.

Free Press: News Organizations Challenge Tennessee Buffer Zone Law 
In a federal lawsuit filed on July 22, 2025, a group of seven news media organizations represented by the Reporters Committee for Freedom of the Press (RCFP) challenged the constitutionality of a new Tennessee “buffer zone” law that makes it a misdemeanor to come within 25 feet of a law enforcement officer after being told to stop when the officer is lawfully engaged in official duties involving a traffic stop, active investigation, or threat to public safety.

Free Press: County Must Pay to Settle Following Illegal Raid on the Marion County Record 
On Nov. 11, 2025, Marion County, Kan. commissioners approved a deal to pay more than $3 million to Marion County Record and issue a formal apology for a 2023 raid that was conducted allegedly in retaliation for the paper’s reporting.

Journalists in Danger: Bias Motivated Attack Highlights Threat to Journalists in Current Political Climate 
On Dec. 18, 2024, 39-year-old Marine Corps Veteran Patrick Egan was working as a cab driver and followed KKCO reporter Ja’Ronn Alex for about forty miles from Delta to Grand Junction, Colo.

Free Press: Israeli Ban on Foreign Media Extended, Despite Ceasefire; Questions Remain About Press Access and Violence Against Journalists 
As The New York Times reported, on Dec. 9, 2025, the Supreme Court of Israel once again delayed a challenge to Israel’s ban on foreign media entering the Gaza strip, marking the ninth time the Court has allowed the challenge to be delayed.
 

Below is the Table of Contents for the 2025 Summer edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Summer 2025: Volume 30, Number 3
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Top Story: Trump Reaches Settlement with Paramount; FCC Approves Paramount SkyDance Merger
On July 1, 2025, Paramount, the parent company of CBS, announced that it had reached a $16 million dollar settlement with President Donald Trump to resolve the 2024 lawsuit he brought alleging that the weekly news magazine show 60 Minutes had deceptively edited an interview with Democratic presidential nominee Kamala Harris.

Public Media Access: News Networks Under the Umbrella of the U.S. Agency for Global Media, Including Voice of America, Continue to Fight Trump Administration’s Shutdown Orders
In early 2025, President Trump and various members of his administration, including Senior Advisor to the U.S. Agency for Global Media (USAGM) Kari Lake, took actions to shutter the news networks under USAGM’s control.

Public Media Access: Corporation for Public Broadcasting Cuts Affect PBS and NPR
On May 1, 2025, President Donald Trump signed Executive Order 14290 (EO) directing the Corporation for Public Broadcasting (CPB) and other agencies to halt both direct and indirect federal funding support for Public Broadcasting Service (PBS) and National Public Radio (NPR).

U.S. Supreme Court: Supreme Court Upholds Law That Requires Online Users to Verify Their Age to Access Sexual Content
On June 27, 2025, the Supreme Court by a 6 to 3 vote along ideological lines upheld a Texas law that requires age verification to access sexual material online.

Sophie Gillmor: 1927-2025
Sophie Gillmor, née Kryzanowski, died on July 16, 2025, at the age of 97. She was preceded in death by her husband, Donald Gillmor, who became the founding director of the Silha Center for the Study of Media Ethics and Law in 1984 and was named the first Silha Professor of Media Ethics and Law in 1990.

Social Media: New State Laws Regulating Social Media Raise First Amendment Concerns
In 2025, numerous states proposed and passed laws that will, in various ways, significantly affect children’s ability to access and use social media.

Prior Restraint: Florida State Agency Sends Cease-and-Desist Letter to Orlando Sentinel Over Critical Reporting
On Jun 6, 2025, the Florida Department of Children and Families (DCF) sent a cease-and-desist letter to the executive editor of the Orlando Sentinel and one of its reporters after the newspaper began investigating the Hope Florida Foundation (Hope Florida), a nonprofit charity run by Casey DeSantis, the wife of Gov. Ron DeSantis.

Press Freedom: Colorado Court Rejects Consumer-Protection Suit Against Denver Post and Its Owner
In June 2025, a Boulder County (Colo.) judge dismissed entrepreneur Andrew Michael Baron’s lawsuit accusing the owner of The Denver Post of violating the Colorado Consumer Protection Act (CCPA).

Media Ethics: ABC News Declines to Renew Longtime Correspondent’s Contract Following Criticism of Trump
In June 2025, ABC News declined to renew its contract with longtime correspondent Terry Moran after he called President Donald Trump and White House Deputy Chief of Staff Stephen Miller “world-class” haters on the social media platform X, according to reporting from NPR.

Defamation: MyPillow CEO Mike Lindell Loses Defamation Rulings; President Trump Defamation Cases Allowed to Proceed
Summer and fall 2025 yielded several significant rulings in defamation cases, including two rulings against MyPillow CEO Mike Lindell stemming from statements he made about the 2020 election, and decisions by two state courts which permitted defamation lawsuits filed by President Trump to proceed.

Defamation: California Governor Newsom, President Trump Each File Defamation Suits
On June 27, 2025, California Gov. Gavin Newsom sued Fox News for defamation, seeking $787 million in damages.

Endangered Journalists: Violence Against Journalists in LA Protests
In early June 2025, demonstrations erupted across Los Angeles over federal immigration operations and detentions at workplaces, churches, and public spaces.

Endangered Journalists: Journalists in Danger in Israel-Hamas War: Israeli Ban on Foreign Journalists Throttles Information Coming From the Gaza Strip
In late summer 2025, Israel faced growing criticism for its policy of barring foreign reporters from entering the territory and for the killing of journalists in Gaza.  

Silha Center Events: 40th Annual Silha Lecture Addresses the Role of Editorial Cartoonists in “Democracy’s Perilous Moment”
On Sept. 30, 2025, editorial cartoonist Ann Telnaes - whose work has been published in The New York Times, Le Monde, and The Washington Post, among other outlets — spoke about the role of editorial cartoonists and satirists in civic debate, especially at this moment in the nation’s political history, as she delivered the 40th annual Silha Lecture, “Stop Drawing or Else: A Cartoonist's View on Democracy’s Perilous Moment.”

Below is the Table of Contents for the 2025 Winter/Spring: Volume 30, Number 2 edition of the Silha Bulletin.  Click on the title to read the full article.
 

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Cover Story: Trump Bans Associated Press from White House After It Refuses to Call Gulf of Mexico “Gulf of America”
The Associated Press (AP) has become a target in Donald Trump’s assault on the First Amendment and the battle against the “biased” media.

Trump and the Media: Trump Sues CBS Over 60 Minutes Story, Threatens CBS Parent Company’s Merger with Skydance 
On Oct. 7, 2024, CBS News aired an episode of 60 Minutes that featured an interview with Democratic presidential nominee Kamala Harris.

Trump and the Media: Trump Sues Des Moines Register, Continuing Attack on Media Outlets That Publish Unfavorable Coverage
On Nov. 2, 2024, just prior to the 2024 presidential election, The Des Moines Register (the Register) published a poll showing that Kamala Harris had taken the lead over Donald Trump in Iowa.

Media Regulation: Media Organizations Threatened with Regulation By New FCC Chair Brendan Carr; Funding for Public Broadcasting Also in Jeopardy
On Jan. 20, 2025, the day of Donald Trump’s inauguration, Brendan Carr assumed the chair of the Federal Communications Commission (FCC).

Journalistic Independence: Jeff Bezos Announces New Washington Post Editorial Policy in Support of “Personal Liberties and Free Markets,” Raising Journalistic Independence Concerns
Jeff Bezos, the billionaire Amazon founder and Washington Post owner, announced in February 2025 that the Opinions section of The Post would implement an editorial change.

Endangered Journalists: Trump Administration Threatens Free Expression on Campus and in the Student Press with Immigration Crackdown Targeting Dissident Speakers
On March 11, 2025, students and faculty from the Columbia University Graduate School of Journalism (Columbia Journalism School) gathered to discuss the Trump administration’s crackdown on political speech and pro-Palestinian activism.

Endangered Journalists: Stanford Drops Disciplinary Action Against Student Journalist Dilan Gohill; District Attorney Declines to Press Charges
In the early morning hours of June 5, 2024, Stanford University Police began arresting pro-Palestinian protesters who had barricaded themselves inside the university president’s office.

Trump and the Media: Trump Shutters U.S. News Agencies
On March 14, 2025, President Donald Trump issued an executive order gutting the U.S. Agency for Global Media (USAGM), the government agency that oversees and funds various nonpartisan international broadcasters including Voice of America (VOA) and Radio Free Europe/Radio Liberty (RFE/RL), whose mission is to disseminate news and information about the United States worldwide.

Free Speech: Supreme Court Upholds TikTok Ban, But Trump Comes to App’s Rescue
On Jan. 17, 2025, in a unanimous per curiam decision, the United States Supreme Court upheld a 2024 law that was set to impose a national ban on the video-sharing app TikTok.

Defamation: CNN Found Liable in Defamation Case; Reaches Settlement
On Jan. 17, 2025, CNN reached a settlement in a defamation case brought by U.S. Navy veteran Zachary Young.

Defamation: Trump Settles Defamation Suit With ABC
On Dec. 13, 2024, then-President-Elect Donald Trump and ABC News settled a defamation claim stemming from an ABC anchor’s misstatement that Trump had been found civilly liable of raping the writer E. Jean Carroll.

Defamation: Former New York Mayor Rudy Giuliani Settles With Georgia Election Workers He Defamed
On Jan. 16, 2025, Rudy Giuliani reached a settlement agreement in the defamation case brought against Giuliani by two Georgia poll workers in 2021.

Prior Restraint: Mississippi Judge Vacates Order That Newspaper Remove Its Editorial
On Feb. 26, 2025, Mississippi Chancery Court Judge Crystal Wise Martin of Hinds County Chancery Court vacated her previous order which required a local newspaper, The Clarksdale Press Register (The Press Register), to remove an editorial criticizing local officials.

Endangered Journalists: Trump Administration Quashes Consent Decree Between Minneapolis and DOJ That Would Have Protected Press
On May 21, 2025, the Trump administration announced that it would no longer enforce a consent decree between the city of Minneapolis and the U.S. Department of Justice (DOJ) that was negotiated in the wake of a federal investigation of police misconduct, including actions taken against journalists, following the murder of George Floyd in May 2020.  

Silha Center Events: 2025 Silha Spring Ethics Forum Examines the Ethics of Undercover Investigative Reporting
At the 2025 Silha Spring Ethics Forum on Monday, Feb. 24, 2025, Professor Alan Chen argued that, although truth in journalism is an essential ethical value, investigative reporters are justified in engaging in what he called “high value lies”: lies that actually promote the values underlying the First Amendment and freedom of the press because they are “lies that are used in the service of discovering the actual truth.”

2024 Fall: Volume 30, Number 1
Below is the Table of Contents for the 2024 Fall edition of the Silha Bulletin. Click on the title to read the full article.

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Cover Story: Journalists Face Potential Threats in President-elect Trump’s Second Term
Since at least 2017, Donald Trump has labeled the press as “the enemy of the American people,” echoing the words of the dictator Joseph Stalin, who used the phrase to characterize various oppositional forces in the Soviet Union.

Trump and the Media: Donald Trump Threatens Media Companies with Business and Legal Consequences 
In the waning days of his 2024 campaign for president, Donald Trump escalated his rhetoric against the news media, threatening to “prosecute” tech companies, revoke the licenses of news organizations whose coverage displeased him, and to sue those same organizations for defamation.

FCC: Trump Selects Brendan Carr to Chair the FCC
On Nov. 17, 2024, following Donald Trump’s election victory, the incoming president announced on Truth Social that he had selected Brendan Carr to chair the Federal Communications Commission (FCC).

Journalism Ethics: Billionaire Owners of Los Angeles Times and Washington Post Quash Presidential Endorsements, Raising Questions of Journalistic Independence
In October 2024, as the election between Vice President Kamala Harris and former President Donald Trump entered its final phase, the Los Angeles Times and The Washington Post broke from recent tradition by not endorsing a candidate for president.

Journalism Ethics: Trump Accuses 60 Minutes of Deceptive Editing, Prompting  Journalism Ethics Questions
On Oct. 7, 2024, CBS News aired an episode of its weekly news magazine program 60 Minutes featuring an interview with Democratic nominee for president Kamala Harris.  

Defamation: Central Park Five Sue Donald Trump for Defamation
President-elect Donald Trump is facing a new defamation lawsuit, brought by the men known as the “Central Park Five,” following comments Trump made about them at the Sept. 10, 2024 presidential debate with Kamala Harris. 

Defamation: Wisconsin Defamation Suit Targets Independent Media Organization, Considers Who Is a “Public Figure”
On Sept. 17, 2024, the Wisconsin Court of Appeals, an intermediate appellate court, ruled that a man who allegedly used an anti-gay slur at a community meeting, and who later sued the newspaper that reported on the incident for defamation, was a public figure for purposes of his suit.

Defamation: New Jersey’s Superior Court Appellate Division Hands Down Mixed Ruling in Defamation Case
On Oct. 15, 2024, the Superior Court of New Jersey, Appellate Division, addressed the standard of “actual malice” in defamation law in a case dealing with an Olympian’s social media posts about a public-school teacher’s alleged treatment of a Muslim student.  

Anti-SLAPP: Anti-SLAPP Legislation Update: Two More States Adopt the UPEPA’s Model Statute
In 2024, Minnesota and Pennsylvania passed anti-SLAPP statutes, bringing the total number of states with some form of anti-SLAPP law to 34, plus Washington, D. C., according to the Reporters Committee for Freedom of the Press (RCFP).

U.S. Supreme Court: U.S. Supreme Court Revives Citizen Journalist’s Retaliatory-Arrest Suit
On Oct. 15, 2024, in a decision with potentially far-reaching consequences for journalists reporting on police and official corruption, the U.S. Supreme Court vacated the 5th Circuit U.S. Court of Appeals’ ruling in Villarreal v. Alaniz and remanded the case for further proceedings. 

Endangered Journalists: Las Vegas Politician Sentenced in Murder of Journalist
In October 2024, a former Las Vegas-area official was sentenced to 28 years in Nevada state prison for the first-degree murder of investigative journalist Jeff German.  

Access to Courts: 5th Circuit Says Texas County’s Ban on Public Access to Bail Hearings is Unconstitutional
Caldwell County, a Texas county with fewer than 50,000 people, tried to ban the press from attending bail hearings, known as “magistration proceedings,” in Texas state court.  

Israel-Hamas War: UN Special Rapporteur Releases Report Finding War in Gaza Has “Unleashed a Global Crisis of Freedom of Expression”
On Aug. 23, 2024, UN Special Rapporteur for Freedom of Opinion and Expression Irene Khan issued her report on “[g]lobal threats to freedom of expression arising from the conflict in Gaza.”  

War in Ukraine: Ukraine Update: Impact of the War on Press Freedom, and the Death of a Journalist Detained
As the war between Russia and Ukraine drags on, threats to press freedom persist.

Silha Center Events: Professor Jacob Mchangama Explores Decline in Free Speech at the 39th Annual Lecture
The 39th annual Silha Lecture featured Professor Jacob Mchangama, the founder and executive director of The Future of Free Speech, an independent, non-partisan think tank located at Vanderbilt University.  

Below is the Table of Contents for the Summer 2024 edition of the Silha Bulletin.  Click on the title to read the full article.

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Cover Story: Supreme Court Outlines How First Amendment Protections May Apply to Social Media Platforms; Conservative Justices Advance Competing Theories
On July 1, 1024, the Supreme Court issued its decision in Moody v. NetChoice LLC, giving insight into how the First Amendment applies to social media platforms, and whether their content moderation activities amount to protected speech.

Supreme Court: Supreme Court Roundup: Supreme Court Considers Three First Amendment Cases, Punting on One
Grappling with three free expression cases this term, the Supreme Court upheld the federal law prohibiting trademarking a living person’s name — in this case, former President Donald Trump’s — without consent.

Journalism Ethics: The Justice Alito Controversy: Justice Mired in Ethics Controversies Is Surreptitiously Recorded, Raising Journalism Ethics Questions
Recent Controversies have placed Supreme Court Justice Samuel Alito at the center of debate surrounding the Supreme Court and journalism ethics.

Journalism Ethics: Star Tribune’s Publisher’s Communications with Members of the Minnesota Governor’s Administration Raise Ethical Concerns
Steve Grove, the publisher of the Minneapolis-based Minnesota Star Tribune, maintained ties with Minn. Gov. Tim Walz’s administration after leaving his role as economic development commissioner, according to texts obtained by the Minnesota Reformer and published on June 12, 2024. 

Freedom of Speech: X, Texas and Missouri Attorneys General Sue Watchdog Media Matters, Testing Government and Corporate Power to Suppress Critical Speech
Since late 2023, the liberal media watchdog group Media Matters has been embroiled in litigation, having been sued by both X, the social media giant formerly known as Twitter, and two state attorneys general.  

Defamation: Mississippi Nonprofit News Organization Ordered to Turn Over Confidential Sources in Defamation Suit by Former Governor; Appeals Order to State Supreme Court
On May 16, 2024, Judge Bradley Mills of the Circuit Court of Madison County, Miss., issued an order directing Mississippi Today to produce internal emails and the names of sources related to a defamation suit brought by former Mississippi Gov. Phil Bryant in July 2023.

WikiLeaks: Julian Assange Pleads Guilty, Avoids Extradition to United States
On June 24, 2024, the Associated Press (AP) reported that Julian Assange had reached a plea deal with the U.S. Department of Justice (DOJ).  

Endangered Journalists: Journalists Detained by Russia Freed in Prisoner Exchange
On August 1, 2024, Evan Gershkovich, The Wall Street Journal reporter who was detained by Russia for over a year on suspicion of espionage, was released as part of a larger prisoner exchange.

Endangered Journalists: Journalist Masha Gessen Convicted and Sentenced by Russian Court
On July 15, 2024, Russian-American journalist and author Masha Gessen, who uses they/them pronouns, was convicted in absentia and given a sentence by Basmanny district court in Moscow on charges of disseminating “fake” information about the Russian military’s action in Ukraine.

Media Bans: The Moscow Times Designated an “Undesirable Organization” by Russia’s Prosecutor General’s Office
On July 10, 2024, Radio Free Europe/Radio Liberty (RFE/RL) reported that Russia’s Prosecutor-General’s office had labeled the bilingual Russian/English news outlet The Moscow Times as an “undesirable organization.”

Media Bans: Israel Bans Al Jazeera
Following the Oct. 7, 2023 Hamas attack on Israel, and amidst the ongoing war in Gaza, Israeli leaders have sought to silence foreign news organizations they consider threats to national security.

Campus Protests: Journalists in Danger, First Amendment Rights Threatened, at Campus Protests Over Israel-Hamas War
As spring moved into summer, protests over the Israel-Hamas war continued on college campuses. 

George Floyd Riots: Update: Photojournalist Linda Tirado, Injured by Police During George Floyd Riots, Enters Hospice Care
Photojournalist Linda Tirado, who was blinded in her left eye on May 29, 2020, when she was hit with a rubber bullet shot by police, has entered hospice care, suggesting she is dying.  

Legislative Updates: Privacy Law Updates: First Amendment Implications
The proposal and enactment of data privacy laws in 2024 has led to debate over the First Amendment implications of this legislation.

Court Access: Courthouse News: Media Access to Court Records
On March 13, 2024, Courthouse News Service (Courthouse News) filed suit in the U.S. District Court for the District of Columbia against the Superior Court of the District of Columbia, alleging that the Superior Court’s failure to make civil complaints immediately available to the public deprives the public of breaking news and violates the First Amendment.  

Silha Center Events: Professor Jacob Mchangama to Deliver 39th Annual Silha Lecture
The 39th annual Silha Lecture will take place on Monday, Oct. 7, 2024, and will feature Professor Jacob Mchangama, the founder and executive director of The Future of Free Speech, an independent, non-partisan think tank located at Vanderbilt University.

Below is the Table of Contents for the Winter/Spring 2024 edition of the Silha Bulletin.  Click on the title to read the full article.

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Cover Story: Tik Tok Challenges Federal and State Attempts to Ban the App Based on Data Privacy and Propaganda Concerns
On May 7, 2024, TikTok filed a petition for review with the U.S. Court of Appeals for the District of Columbia Circuit challenging the constitutionality of recently passed federal legislation which could ban the app in the United States.

Data Privacy: Children’s Data Privacy Update: Kids Online Safety Act Gains Momentum in the Senate 
After a series of Congressional hearings, the latest version of the Kids Online Safety Act (“KOSA”), introduced in 2024, is gaining momentum.

Reporter’s Privilege: “Protect Reporters from Exploitative State Spying (PRESS)” Act Awaits Senate Action, Again, After Unanimous Passage in the House
On Jan. 18, 2023, the U.S. House of Representatives passed the Protect Reporters from Exploitative State Spying Act (PRESS Act) by unanimous consent, marking the second congressional session in a row that a version of the PRESS Act had done so.

Reporter’s Privilege: D.C. Judge Holds Former Fox News Reporter in Contempt for Refusing to Reveal Sources in Civil Case
On Feb. 29, 2024, Judge Christopher R. Cooper of the U.S. District Court for the District of Columbia held former Fox News and CBS News journalist Catherine Herridge in civil contempt of court for refusing to reveal her confidential sources in a federal Privacy Act case. 

Reporter’s Privilege: Minnesota Court of Appeals Rules That Alternative Media Nonprofit Unicorn Riot Does Not Need to Produce Privilege Log in Dakota Access Pipeline Case, Protected by State Reporter’s Privilege
On May 6, 2024, the Minnesota Court of Appeals ruled that Unicorn Riot, a Minnesota-based alternative media nonprofit, does not need to produce a privilege log to the Hennepin County District Court in a case related to 2016 protests against the Dakota Access Pipeline (DAPL).  

Reporter’s Privilege: U.S. District Court for the Southern District of New York Rejects Project Veritas’s First Amendment Arguments in Ashley Biden Diary Case
On Dec. 21, 2023, Judge Analisa Torres of the U.S. District Court for the Southern District of New York rejected Project Veritas’s First Amendment arguments in a case involving Ashley Biden’s stolen diary. 

Protests: Government Bodies Around the Country Settle Claims with Journalists Related to Law Enforcement Tactics at Racial Justice Protests in 2020
Numerous government bodies around the country have settled claims with journalists related to law enforcement tactics employed at protests in 2020 in the wake of George Floyd’s murder by former Minneapolis police officer Derek Chauvin.

Prior Restraints: Supreme Court Considers First Amendment Liability for Government Officials Who Block Users from Social Media Accounts
On March 16, 2024, the Supreme Court issued its opinion in Lindke v. Freed.  

Prior Restraints: Texas Act Requiring Book Rating System Blocked by 5th Circuit
On Jan. 17, 2024, the U.S. Circuit Court of Appeals for the 5th Circuit ruled that Texas’s “Restricting Explicit and Adult-Designated Educational Resources Act” (the READER Act), a statute aiming to keep explicit content out of school libraries, is unconstitutional under the First Amendment.

Endangered Journalists: American Journalists in Russia Face Arrest, Censorship
As Wall Street Journal reporter Evan Gershkovich continues to be held in a Russian prison, Radio Free Europe/Radio Liberty (RFE/RL) reporter Alsu Kurmasheva faced arrest and charges of failing to register as a “foreign agent” and for reporting on Russia’s war with Ukraine, which is a criminal offense in Russia. 

Endangered Journalists: Ukraine Journalists Injured Covering the War in Russia
Since Russia first attacked Ukraine on Feb. 24, 2022, Ukrainian journalists have reported on the war despite threats to their well-being and safety.  

Israel-Hamas War: Journalists Face Issues Covering the Israel-Hamas War and Related Protests in the U.S. and Abroad
Reporting on the latest Israel-Hamas war and related protests continues to be challenging for journalists.  

WikiLeaks: Julian Assange’s Extradition Appeal Granted; President Joe Biden Announces United States Is Considering Dropping Charges Against Assange
Julian Assange, WikiLeaks founder, has been incarcerated in London and facing extradition to the United States since 2019 on charges that he conspired to disclose documents passed to him by former U.S. Army intelligence analyst Chelsea Manning in 2010.  

European Union: European Union Passes Landmark Media Freedom Act to Protect Media and Journalists’ Rights
On March 13, 2024, the European Union (EU) passed the European Media Freedom Act (EMFA).

Artificial Intelligence: European Union Passes Comprehensive Artificial Intelligence Act
The Artificial Intelligence Act (AI Act), passed by the European Union, is the most comprehensive approach yet to artificial intelligence (AI) regulation.  

Student Press: Minnesota Becomes 18th State to Enact Student Journalist Protection
On May 17, 2024, Gov. Tim Walz (D-Minn.) signed an omnibus education bill into law which included protection for public and charter school student journalists in sixth through 12th grade.

Dec 31, 2023

Below is the Table of Contents for the Fall 2023 edition of the Silha Bulletin.  Click on the title to read the full article.

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Cover Story: Latest Israel-Hamas War Raises Concerns About Journalist Safety, Media Bias, Freedom of Speech, and Misinformation
The latest Israel-Hamas war has raised issues related to journalist safety, media bias, free speech, and misinformation.

U.S. Supreme Court: Former U.S. Supreme Court Justice Sandra Day O’Connor Passes Away 
On Dec. 1, 2023, former U.S. Supreme Court Associate Justice Sandra Day O’Connor died of complications related to advanced dementia.

Endangered Journalists: Small-Town Journalism Under Siege: Arrests of Alabama Reporter and Publisher Spark First Amendment Debate
A reporter and a newspaper publisher in Alabama caught up in small-town politics were arrested under allegations that an article they published revealed confidential grand jury evidence, eliciting anger from journalists and other First Amendment advocates.

Reporter’s Privilege: Nevada Supreme Court Holds Murdered Journalist’s Electronic Devices Are Covered by the State Reporter’s Privilege
On Oct. 5, 2023, the Nevada Supreme Court ruled that murdered journalist Jeff German’s electronic devices are covered by the state reporter’s privilege and that the newspaper he worked for can assert that privilege on his behalf. 

Trump and the Media: Cameras Likely to Be Banned from Most of Former President Donald Trump’s Upcoming Trials
Members of the press have requested that courts grant them access to record and broadcast former President Donald Trump’s ongoing and upcoming trials, but based on longstanding rules and judicial hostility, it is likely that most of Trump’s cases will not be broadcast to the public.  

Defamation: Former President Donald Trump’s Defamation Cases Persist Amid Campaign, Criminal Charges
Among former President Donald Trump’s many ongoing legal battles are several defamation cases.  

Defamation: Minnesota Supreme Court Rules #MeToo Facebook Post Receives Heightened First Amendment Protection as a Matter of Public Concern
On Sept. 20, 2023, the Minnesota Supreme Court ruled in favor of the defendant in a defamation case involving a Facebook post containing the #MeToo hashtag that accused the plaintiff of sexual assault.

Freedom of Speech: Florida Supreme Court to Decide Whether the State’s Anti-Riot Act is Unlawfully Ambiguous
On Oct. 4, 2023, the Florida Supreme Court heard oral arguments in a case challenging Florida’s “Combating Public Disorder Act” (the Act), a statute ostensibly aimed at curtailing riots, but which critics say will criminalize some peaceful protests.  

Freedom of Speech: Colorado Supreme Court to Hear Case Against Bakery that Refused to Make Cake Celebrating Gender Transition
A new case involving Masterpiece Cakeshop, the same bakery that was party to the 2018 U.S. Supreme Court case Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, has been granted certification by the Colorado Supreme Court.

Freedom of the Press: Fifth Circuit Rejects First Amendment Challenge to Texas Drone Regulations, Dealing Blow to Journalists
On Oct. 23, 2023, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled unanimously that a Texas state law restricting the use of drones does not violate the First Amendment. 

Artificial Intelligence: Open AI, Associated Press Enter Into Licensing Agreement Amid Concerns Over AI Learning
On July 13, 2023, OpenAI and the Associated Press (AP) announced that the companies had entered into a licensing agreement whereby OpenAI will have access to AP’s text archive for its AI technology training, while AP will utilize OpenAI’s technology and product expertise.  

Artificial Intelligence: Artists, Writers Sue AI Companies for Copyright Infringement
Several lawsuits have been filed against artificial intelligence (AI) companies by artists and writers who claim that the companies have violated their copyright by using their work to train their AI models without permission or license.  

Artificial Intelligence: Defamation Case Tests Legal Liability for AI Outputs
On June 5, 2023, Mark Walters, a radio host and Georgia resident, filed a defamation lawsuit against OpenAI, maker of ChapGPT, in Georgia’s Superior Court of Gwinnett County.  

Silha Center Events: 38th Annual Silha Lecture Addresses AI and Defamation
What does actual malice look like?  

Below is the Table of Contents for the Summer 2022 edition of the Silha Bulletin.  Click on the story title to read the full article.

Download full text (pdf)

Cover Story: Special Report: Private Companies, Federal Government Respond to Data Privacy Issues Raised by Dobbs
On June 24, 2022, the United States Supreme Court overturned Roe v. Wade, ruling that the Constitution does not provide a right to abortion and that the authority to regulate abortion should be left to the states. 

Defamation: State, Federal Courts Grapple with High-Profile Defamation Cases 
During the summer of 2022, both federal and state courts have fielded and considered several high-profile defamation cases.

Ethics: Media Ethics Concerns Arise in Republican Campaigning, Testimony Against Trump, and the Uvalde School Shooting 
Media ethics issues have featured in political news leading up to the 2022 midterm elections.

Surveillance: Special Report: Journalists Remain Vulnerable to Surveillance from Tech, Law Enforcement, and Government Entities
Law enforcement and state actors threatened journalists’ safety and data privacy this year in several major ways. 

War in Ukraine: Russian War Against Ukraine Results in Continued Challenges to Media
The Winter/Spring 2022 issue of the Silha Bulletin featured a compilation highlighting some of the effects on the media brought about by the war in Ukraine headlined “Russian War Against Ukraine Results in Numerous Challenges to International Media.” 

Legislation: Special Report: Federal Lawmakers Propose New Regulation to Strengthen Privacy Protections
Legislators at the national level took significant action to pass federal privacy laws during 2022. 

Access: Minnesota Journalists Face Barriers to Reporting from Courts, Law Enforcement
In 2022, journalists in Minnesota saw new — and ongoing — obstacles to reporting. 

Silha Center Events: Robert Corn-Revere to Deliver 37th Annual Silha Lecture: “Inherit the What?    Banning Books in 2022”
The award-winning play and film Inherit the Wind immortalized the Scopes “monkey trial” of 1925, one of the first to be called “the trial of the century.”

Below is the Table of Contents for the Winter/Spring 2022 edition of the Silha Bulletin.  Click on the title to read the full article.

Download full text (pdf)

Cover Story: Russian War Against Ukraine Results in Numerous Challenges to International Media
After spending weeks building up a huge military force along the Ukrainian border, Russian President Vladimir Putin launched an invasion of Ukraine on Feb. 24, 2022.

War in Ukraine: War in Ukraine Raises Issues of Misinformation and Concerns Regarding Media Bias
As the war in Ukraine continues, social media platforms have facilitated the spread of misinformation from Russian state media and other actors.

War in Ukraine: Numerous Journalists Endangered and Killed Covering the War in Ukraine
On Feb. 25, 2022, International Criminal Court Prosecutor Karim A. A. Khan QC, announced in a statement that he had decided to open an investigation into the allegations of war crimes being committed in the course of the war in Ukraine.

Police Injunction: Court Order, Settlement Prohibit Minnesota State Patrol From Arresting and Attacking Journalists, Require Improved Training, Technology
On Feb. 8, 2022, Judge Wilhelmina M. Wright of the U.S. District Court for the District of Minnesota approved a permanent injunction in a lawsuit filed by the American Civil Liberties Union (ACLU) of Minnesota on behalf of several members of the news media, among other individuals, who faced arrests, use of force, and threats by police during racial justice protests and demonstrations in the Twin Cities.

Court Access: Minnesota Journalists Fight for Court Access
Throughout the early months of 2022, media groups continued to fight for access to Minnesota courts.

Subpoenaed Journalists: Subpoenas Target Minnesota Journalists with Connection to Police Actions at George Floyd Protests
On March 18, 2022, the City of Minneapolis served subpoenas on three local journalists in connection with a federal civil rights lawsuit filed by photojournalist Linda Tirado, who was blinded in one eye after being shot by police with a foam bullet during the unrest following the murder of George Floyd in May 2020.

Journalism Regulation: State Legislatures Restrict Press Access; Arkansas Senate Creates New Media Credentialing Process, Drops Ban on  Cellphone Recording and Livestreaming by the Public
In the first half of 2022, at least three states approved new rules restricting press access to the legislature.

Access: SCOTUS Clears the Way for Release of White House Documents Connected to Capitol Insurrection; House Committee Suggests It Has Evidence of Illegal Actions by President Trump, Others
On Feb. 22, 2022, the U.S. Supreme Court formally declined to hear former President Donald Trump’s effort to block the release of some White  House records sought by the U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol (Committee).

Ethics: Media Organizations Raise Ethics Concerns about Conflicts of Interest, Reporting Inaccuracies, and Omitted Context
A number of media ethics issues surrounding conflicts of interest, litigation over a retraction involving allegedly inaccurate reporting, and misrepresentation of the statements of an interview subject have arisen in the first few months of 2022.

Defamation: Courts Continue to Grapple with Defamation Cases Involving Sarah Palin, Former President Trump, and Election Misinformation
In the early months of 2022, courts considered a number of high-profile defamation cases.

Supreme Court: Retrospective: Justice Breyer's Jurisprudence, Legacy
On Jan. 27, 2022, U.S. Supreme Court Justice Stephen Breyer announced in a letter to President Joe Biden that he would retire in summer 2022 after nearly 28 years on the Court.

Silha Center Events: 2022 Silha Center Spring Forum Focuses on the Ethical Considerations of Covering and Depicting People with Disabilities
During the 2022 Silha Center Spring Ethics Forum, "One in Four: The Ethics of Covering People with Disabilities," on April 4, 2022, award-winning journalist Jane McClure, editor of Access Press, which describes itself as "the upper Midwest's disability community news source," contended that "writing about disability is complicated.. . ."

Fall 2021 Silha Bulletin

Below is the Table of Contents for the Fall 2021 edition of the Silha Bulletin. Click on the title to read the full article.

Download full text (pdf)

Cover Story: Lawsuit Seeks to Keep Records Secret Regarding Jan. 6, 2021 Insurrection
On Dec. 9, 2021, the U.S. Court of Appeals for the D.C. Circuit denied former President Donald Trump’s effort to block the release of some White House records sought by the U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol (Committee).

WikiLeaks: Julian Assange Faces Extradition to United States Following United Kingdom Court Ruling
On Dec. 10, 2021, several media outlets reported that the High Court of Justice in London (UK) held that WikiLeaks founder Julian Assange can be extradited to the United States, reversing a January 2021 lower court ruling.

First Amendment: Project Veritas Raises Complicated First Amendment Issues
In fall 2021, James O’Keefe — a political activist who has drawn national attention for his publication of controversial hidden camera videos on his website, Project Veritas — was back in the spotlight after a Federal Bureau of Investigation (FBI) raid on his home.

Minnesota: Lawsuits, Court Rulings, and Other Developments in Minnesota Raise Important Media Law Questions and Problems
In the summer and fall of 2021, Minnesota faced multiple free speech and government transparency issues.

Access: COVID-19 Pandemic Continues to Affect Access to Courts
Nearly two years after the start of the coronavirus (COVID-19) pandemic, courts across the country continue to balance connecting interests of safety, public access, and privacy.

Ag-Gag Laws: Federal Courts Continue to Disagree on “Ag-Gag” Laws
Across the federal circuit courts, challenges to so-called “ag-gag” laws — laws limiting undercover recording at industrial farming operations — have seen mixed success.

Defamation: Courts Consider Defamation Lawsuits Involving Right-Wing Radio Host, Politician, and Election Technology Companies
Throughout 2021, plaintiffs in defamation lawsuits had mixed results in federal and state court.

Reporters in Danger: Journalists Face Attacks and Threats at Jan. 6, 2021 Insurrection, Prompting Arrests and Investigations; Capital Gazette Gunman Receives Maximum Sentence
During the January 6 attacks on the U.S. Capitol building, protesters targeted and physically attacked several reporters, leading to arrests and other actions by the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) during a year in which the United States was ranked 44th in the Reporters Without Borders (RSF) 2021 World Press Freedom Index.

Reporters in Danger: Journalists Face Chaos and Crisis in Afghanistan
When Taliban fighters took over Kabul on Aug. 15, 2021, all journalists remaining in Afghanistan were at extremely high risk of retaliation from the Taliban, whether they were foreign nationals who provided assistance to Western commercial media organizations, journalists with the U.S. Agency for Global Media, or Afghanistan’s own journalists.

Nobel Peace Prize: 2021 Nobel Peace Prize Awarded to Two Journalists
On Oct. 8, 2021, the Norwegian Nobel Committee awarded the 2021 Nobel Peace Prize to two journalists — Maria Ressa of the Philippines and Dmitry Andreyevich Muratov of Russia — “for their efforts to safeguard freedom of expression, which is a precondition for democracy and lasting peace.”

Civil Rights: Federal Judge Rejects Motion to Dismiss by Newspaper in Case Pitting Racial Discrimination and First Amendment Claims
On August 17, 2021, Federal District Judge J. Nicholas Ranjan denied a motion by PG Publishing Company (PG Publishing), which operates the Pittsburgh Post-Gazette, to dismiss a civil rights case brought by one of its former reporters, Alexis Johnson, who now works for Vice News.

Ethics: Media Ethics Concerns Arise in Relation to Well-Known Media Figures
In 2021, the conduct of several high-profile journalists raised ethical questions, including becoming closely involved in ongoing events, withholding newsworthy information, and providing sources with access to and review of stories prior to publication.

Social Media: Florida and Texas Social Media “Censorship” Laws Blocked by Two Federal District Courts
In 2021, two laws in Florida and Texas ostensibly aimed at preserving free speech in social media were blocked by federal courts for violating the First Amendment and Section 230 of the Communication Decency Act, 47 U.S.C. § 230.

Journalism Legislation: Federal and State Legislation Focus on Journalists, Newsgathering, and Local Media Outlets
In the second half of 2021, legislation introduced or passed at the federal and state levels was aimed at a variety of issues involving news media ownership and journalistic practices.

Silha Center Events: 36th Annual Silha Lecture Addresses Marketplace of Ideas Theory Amidst Political, Economic, Social, and Technological Changes
On Oct. 26, 2021, S. Jenell Trigg, the chair of Washington, D.C.-based law firm Lermen Senter PLLC’s Privacy, Data Security and E-Commerce practice, argued during the 36th Annual Silha Lecture that “we are currently in a debate regarding the importance and value of free speech and protecting democracy.. . .”

Below is the Table of Contents for the Summer 2021 edition of the Silha Bulletin.  Click on the title to read the full article.

Download full text (pdf)

Cover Story: U.S. Department of Justice Limits Seizure of Journalists’ Records and Information
On July 19, 2021, several media outlets reported that U.S. Attorney General Merrick Garland has formally prohibited the U.S. Department of Justice (DOJ) from seizing journalists’ phone and email records in connection with government leak investigations.

Access: Chauvin Trial Marks Key Moment in Minnesota Media Access to Court Proceedings During Pandemic
On Nov. 4, 2020, Hennepin County District Judge Peter Cahill issued an order allowing limited audio and video recording, broadcasting, and live streaming of the trial of former Minneapolis police officer Derek Chauvin.

Ethics: Associated Press, ProPublica, and Well-Known Journalists Raise Ethical Questions and Considerations
In the spring and early summer of 2021, questions were raised about the ethics of several news reports and decisions by journalists and news organizations. 

Special Report: U.S. Supreme Court Rulings and Opinions Raise Numerous Freedom of Speech and Press, Privacy Issues and Questions
In 2021, the U.S. Supreme Court issued several important opinions implicating freedom of speech and press, as well as data privacy and security.

Special Report: European and U.S. Entities Interpret EU-U.S. Privacy Shield, GDPR, and Other Data Privacy Rules and Regulations
In the spring and summer of 2021, actions by courts and authorities in the European Union (EU) raised significant data privacy implications, including for personal data transfers between the EU and United States.

Searches and Seizures: First Circuit Rejects First and Fourth Amendment Challenges to Border Searches and Seizures of Travelers’ Electronic Devices
On Feb. 9, 2021, the U.S. Court of Appeals for the First Circuit held that the First and Fourth Amendments do not require that U.S. Customs and Border Protection (CBP) agents have probable cause to conduct searches on electronic devices, including “advanced searches,” nor reasonable suspicion to conduct a “basic” search.

Data Privacy: Federal Judge Allows Privacy Lawsuit Against Thomson Reuters to Continue
On Aug. 16, 2021, U.S. District Court Judge Edward Chen of the Northern District of California allowed a class action privacy suit against Thomson Reuters Corporation (Thomson Reuters) to continue.

Silha Center Events: 36th Annual Silha Lecture: “The First Amendment & Diversity: A Marketplace Failure?”
Billions of people use social media platforms and have access to a 5000-plus-channel streaming and broadcasting universe, yet citizens are less informed than ever before.

Below is the Table of Contents for the Winter/Spring 2021 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Winter/Spring 2021
Volume 26, Number 2
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Cover Story: Members of the Press Detained and Targeted with Use of Force by Police, Despite Court Order
The trial of former Minneapolis Police Department (MPD) officer Derek Chauvin, charged with second-degree murder, third-degree murder, and second-degree manslaughter after he pressed his knee into the neck of George Floyd, a 46-year-old Black man, who died at the scene in May 2020, began on March 29, 2021.

A Message from the Director
Regular readers of the Silha Bulletin will recognize that the Winter/Spring 2021 issue is a departure from our usual format. 

Special Research Paper: Targeting News While Targeted by Police: How the Lack of First Amendment Protection for Newsgathering Allows Greater Law Enforcement Intrusion and Interference
On June 30, 1971, the U.S. Supreme Court ruled in New York Times v. United States — the landmark case known as the “Pentagon Papers” — that prior restraints upon the press are almost always unconstitutional, setting an almost insurmountable standard under the First Amendment.

Special Research Paper: Content Moderation and Constitutional Hurdles: First Amendment Limitations on Platform Regulation
On May 5, 2021, the Facebook Oversight Board, the body created by Facebook to resolve the company’s content removal decisions, issued its ruling on the indefinite suspension of President Donald Trump from the platform. 

Special Research Paper: Challenging Government Secrecy: An Analysis of Minnesota Government Data Practices Act Cases in Administrative Court
What happens when public records requesters are denied access to government information? In Minnesota, requesters seeking records under the Minnesota Government Data Practices Act (MGDPA) have several options.

Below is the Table of Contents for the Fall 2020 edition of the Silha Bulletin.  Click on the title to read the full article.
 

Bulletin Fall 2020
Volume 26, Number 1
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A Message from the Director
The Silha Center for the Study of Media Ethics and Law has produced a special report and analysis of media law issues arising from the extraordinary assault on the U.S. Capitol in Washington, D.C. on Jan. 6, 2021. 

Cover Story: Events Surrounding the U.S. Capitol Insurrection Raise Significant Media Law Issues and Questions
On Jan. 6, 2021, President Donald Trump spoke at the “March to Save America” rally in Washington, D.C. 

Protests: Ongoing Protests and Confrontations Between the Press and Police Prompt Legal Action, Ethical Debates, and Media Advocacy
In the second half of 2020, protests and riots stemming from calls for racial equality following police killings of Black men and women continued across the United States. 

Access: Court Access and Medical Privacy Issues Arise in Wake of George Floyd Killing
In fall 2020, several notable access-to-information and privacy issues arose stemming from the police killing of George Floyd on May 25, 2020.

Supreme Court: Justice Ginsburg Passes Away; Authored and Joined Key First and Fourth Amendment Majority and Dissenting Opinions
On Sept. 18, 2020, U.S. Supreme Court Associate Justice Ruth Bader Ginsburg died of complications of metastatic pancreatic cancer. 

Supreme Court: Associate Justice Amy Coney Barrett Has “Relatively Light” Record on First Amendment and Press Law, Legal Experts Say
On Oct. 27, 2020, Amy Coney Barrett was sworn into office as an Associate Justice of the U.S. Supreme Court, succeeding Associate Justice Ruth Bader Ginsburg, who died on Sept. 18, 2020.

Misinformation: Misinformation Concerns Precede and Follow Presidential Election
In Fall 2020, numerous concerns about misinformation preceded and followed the presidential election on November 3. In September and December, James O’Keefe, a political activist known for posting controversial surreptitious audio and video recordings on his website, Project Veritas, undertook separate efforts claiming to uncover evidence of voter fraud in Minneapolis, Minn. and anti-conservative bias by CNN and its employees.

Ethics: National and Local News Outlets Face and Address Ethical Questions and Dilemmas
In fall 2020, news outlets across the United States faced a variety of ethical questions and dilemmas, prompting commentary, and in some cases criticism, from media ethics observers. 

Prior Restraint: Courts Reject Efforts to Block or Impede Publication of Books about President Trump
In summer 2020, President Donald Trump’s family and administration sought to block or impede publication of three books about him.

Defamation: Developments in Two Defamation Lawsuits Against Minnesota News Media
In the second half of 2020, two major developments occurred in libel lawsuits involving Minnesota news media. 

Defamation: Courts Rule on Defamation Lawsuits Against The New York Times, Fox News, President Donald Trump
In the second half of 2020, courts issued rulings in several high-profile libel lawsuits: Sarah Palin’s lawsuit against The New York Times, Karen McDougal’s lawsuit against Fox News, and E. Jean Carroll’s lawsuit against President Donald Trump.

Privacy: Ninth Circuit Rules NSA Surveillance Program Violated FISA and Potentially Fourth Amendment
On Sept. 2, 2020, the U.S. Court of Appeals for the Ninth Circuit held that the National Security Agency’s (NSA) warrantless mass surveillance of American’s telephone metadata violated the Foreign Intelligence Surveillance Act (FISA) and may have violated the Fourth Amendment.

Silha Center Events: 35th Annual Silha Lecture Addresses the Importance of Documentaries and the Need for U.S. Law to Protect Them
On Oct. 19, 2020, Dale Cohen, the director and founder of the UCLA Documentary Film Legal Clinic and Special Counsel to FRONTLINE, the award-winning PBS documentary series, contended during the 35th Annual Silha Lecture that “[d]ocumentaries provide a brilliant platform for filmmakers to tell us important stories and give voice to perspectives that are often overlooked. Some of them are straight up news. 

Below is the Table of Contents for the Fall 2020 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Summer 2020: Volume 25, No. 3
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Cover Story: Journalists Covering Fallout from George Floyd Death Take Legal Action; Misinformation Underscores Lessons from 2020 Silha Spring Ethics Forum
Journalists and news organizations covering the fallout of the May 2020 death of George Floyd in Minneapolis filed numerous lawsuits and took other legal action seeking to vindicate their newsgathering rights and obtain information. 

Privacy: COVID-19 Pandemic Raises Data Privacy and Security Questions and Concerns
In spring and summer 2020, the COVID-19 pandemic raised a number of challenges and issues related to data privacy and security, including regarding 1) Zoom Video Communications, Inc. (Zoom) and 2) the tracking of individuals’ mobile location to combat the spread of the coronavirus.  

Ag-Gag Laws: Federal Judge Finds Most of North Carolina’s Ag-Gag Law Unconstitutional
On June 12, 2020, Judge Thomas D. Schroeder of the U.S. District Court for the Middle District of North Carolina ruled that several provisions of North Carolina’s ag-gag law were unconstitutional under the First Amendment.  

First Amendment: D.C. Circuit Affirms Ruling Requiring White House to Return White House Reporter’s Press Credential
On June 5, 2020, the U.S. Court of Appeals for the D.C. Circuit ruled in favor of Playboy magazine senior White House reporter and CNN political analyst Brian Karem in his lawsuit against President Donald Trump’s administration, which stemmed from the White House’s August 2019 suspension of Karem’s hard pass - a physical press credential granting him access to the White House.  

Prior Restraint: President Trump’s Campaign Demands CNN Retract and Apologize for Poll, but Network Declines
On June 10, 2020, CNN reported that Donald J. Trump for President, President Donald Trump’s re-election campaign, sent a cease-and-desist letter to CNN President Jess Zucker demanding that CNN retract and apologize for a poll revealing that Trump was “well behind” then-presumptive Democratic presidential nominee and former Vice President Joe Biden.  

Privacy: California Consumer Protection Act Takes Effect
The California Consumer Protection Act (CCPA), which officially took effect on Jan. 1, 2020, continued to be a moving target for privacy regulation.  

Privacy: CJEU Strikes Down EU-U.S. Privacy Shield, Confirms Validity of Standard Contractual Clauses
On July 16, 2020, the Court of Justice of the European Union (CJEU), the European Union’s (EU) top court, released its ruling in Schrems II, in which it struck down the EU-U.S. Privacy Shield (Privacy Shield), the framework adopted in 2016 to govern trans-Atlantic data flow.  

Privacy: Clearview AI Raises Privacy Concerns, Pursues First Amendment Defense
In January 2020, The New York Times published an article detailing the practices of Clearview AI (“Clearview”), a technology company that created a groundbreaking facial recognition app in which a user can upload a picture of an individual and obtain a trove of “public photos of that person, along with links to where those photos appeared.” 

Privacy: Twitter Hack Included Data Breach of User Accounts
On July 15, 2020, hackers breached Twitter’s internal systems and compromised 130 user accounts, in some instances posting rogue tweets and downloading user data from the accounts. 

Minnesota: Recent Minnesota Legal Disputes Involve Information Access and Defamation Liability
Two notable disputes involving information access and defamation liability were resolved in the summer of 2020 in Minnesota.  

Silha Center Events: FRONTLINE Counsel Dale Cohen to Deliver 35th Annual Silha Lecture, “Inconvenient Truths and Tiger Kings: The Vital Role of Documentaries Today” on Oct. 19, 2020
Documentary films are everywhere. There is an unlimited supply of streaming shelf space, an endless array of stories to be told, and dwindling resources at traditional media outlets to tell them.

Below is the Table of Contents for the Winter/Spring 2020 edition of the Silha Bulletin.  Click on the title to read the full article.

Download full text (pdf)

A Message from the Director: 
This issue of the Silha Bulletin, produced by our graduate student research assistant, includes a special roundup examining how the COVID-19 pandemic has affected newsgathering and reporting.

Special Report: Journalists Face Arrests, Attacks, and Threats by Police Amidst Protests Over the Death of George Floyd 
In May 2020, protests in Minneapolis, Minn. stemming from the May 25 death of George Floyd while in the custody of Minneapolis Police Department (MPD) officers sparked media law and ethics and commentary.

Special Report: COVID-19 Pandemic Raises Media Law and Ethics Issues, Challenges, and Opportunities 
In spring 2020, the COVID-19 pandemic led to problems, developments, and changes across the United States and around the world, including regarding various aspects of media law and ethics.

Access: U.S. Senate and Trump Administration Impose Restrictions on Media Access
In January and February 2020, the U.S. Senate and President Donald Trump’s administration imposed measures limiting press access to various government proceedings and events.

Access: Twin Cities Media Seek Juror Names in Noor Trial’ Minneapolis Advisory Committee Allegedly Violates Minnesota Open Meeting Law
In the first half of 2020, access issues came to the forefront in Minnesota related to the 2019 trial of former Minneapolis police officer Mohamed Noor and a Minneapolis city advisory committee, which prohibited photography and recording at its meetings.

Defamation: High-Profile Defamation Lawsuits Target National and Local Media Outlets
In the first half of 2020, national and local media outlets faced several notable defamation lawsuits.

Leak Investigations: Julian Assange Extradition Hearing Begins, Delayed Due to COVID-19 Pandemic; Chelsea Manning Released from Prison
On April 21, 2020, Bloomberg News reported that the extradition trial of WikiLeaks founder Julian Assange in London had been delayed due to the COVID-19 pandemic.

Ethics: Kobe Bryant’s Death Prompts Ethical Concerns Over Media Coverage; Twin Cities Station Parts Ways With Meteorologist
On Jan. 26, 2020, former National Basketball Association (NBA) star Kobe Bryant (Bryant), his 13-year-old daughter, Gianna Maria-Onore Bryant, and seven other passengers were killed when their helicopter crashed in Calabasas, Calif.

Reporters in Danger: Saudi Arabia and Turkey Take Different Actions Against Accused Killers of Journalist Jamal Khashoggi; Saudi Crown Prince Escapes Accountability
On Dec. 23, 2019, several media outlets reported that Saudi Arabia had sentenced five people to death for their role in the 2018 murder of journalist Jamal Khashoggi.

Borders: Journalists File First Amendment Lawsuit Stemming from Questioning by U.S. Border Agents
On Nov. 21, 2019, NBC 7 in San Diego reported that five journalists had filed a lawsuit in the U.S. District Court for the Eastern District of New York against President Donald Trump’s administration, challenging questioning by U.S. Customs and Border Protection (CBP) officers about their journalistic work, activities, and sources on conditions at the U.S.-Mexico border.

Searches and Seizures: Freelance Journalist Reaches Settlement with San Francisco; FBI Document Confirms Agents Present at Searches and Seizures of Journalist’s Property
On March 31, 2020, the city and county of San Francisco, Calif. reached a $369,000 settlement with San Francisco freelance journalist Bryan Carmody nearly a year after the San Francisco Police Department (SFPD) executed search warrants of his home, office, and cell phone.

Ag-Gag Laws: Federal Courts Rule Iowa and Kansas “Ag-Gag” Laws Violated First Amendment, Dismiss Lawsuit Challenging Arkansas’ Statute
In the winter of 2019/2020, federal court rulings continued to target state “ag-gag” laws.

Tribute: First Amendment Attorney John Borger Passes Away in December 2019
Well-known First Amendment attorney John Borger passes away in Minneapolis on Dec. 16, 2019 at the age of 68.

Silha Center Events: 2020 Spring Ethics Forum Webinar Addresses the Impact of Fact-Checking and Misinformation on Journalism
On April 27, 2020, Barbara Allen, the director of college programming for the Poynter Institute of Media Studies (Poynter), a non-profit journalism school and research organization in St. Petersburg, Fla., contended during the 2020 Silha Center Spring Ethics Forum that “[p]ublic spaces that are open to free speech are being flooded with questionable information, political polarization, and outright lies.” The recording of the event is available online.

Below is the Table of Contents for the Fall 2019 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Fall 2019: Volume 25, No. 1
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Cover Story: D.C. Circuit Upholds Net Neutrality Repeal But Prevents the FCC from Preempting States’ Rules, Remands Key Issues to the Agency
On Oct. 1, 2019, the U.S. Court of Appeals for the D.C. Circuit released a per curiam opinion upholding the Federal Communications Commission’s (FCC) December 2017 repeal of net neutrality rules, holding that the FCC had the authority to do so and that the agency had been reasonable in its approach.  

Access: Federal Judge Orders White House to Reinstate Reporter’s Press Credential
On Sept. 3, 2019, Judge Rudolph Contreras of the U.S. District Court for the District of Columbia granted a motion for a temporary restraining order and preliminary injunction brought by Playboy magazine senior White House reporter and CNN political analyst Brian Karem against President Donald Trump’s administration.  

Right To Be Forgotten: European Union Top Court Rules Search Engines Do Not Need to Apply the Right to Be Forgotten Globally
On Sept. 24, 2019, the Court of Justice of the European Union (CJEU) ruled that the right to be forgotten does not impose a de-referencing obligation on non-European Union (EU) Member State versions of a search engine.  

Leak Investigations: Trump Administration Targets Two More Leakers of Government Information
In May and October 2019, the U.S. Department of Justice (DOJ) announced charges against two new leaders of government information, including under the Espionage Act, 18 U.S.C. § 793.  

Ethics: The Daily Northwestern Removes Content and Apologizes for Protest Coverage, Faces Backlash
On Nov. 10, 2019, Northwestern University’s student newspaper, The Daily Northwestern, published an editorial apologizing for its coverage of two student-led protests that occurred during a November 5 event featuring former U.S. attorney general Jeff Sessions.  

First Amendment: Letter Sent on Behalf of President Trump Threatens Legal Action Against CNN, Prompting Criticism
On Oct. 18, 2019, The Hollywood Reporter and Reuters reported that a letter sent on behalf of President Donald Trump to CNN President and CEO Jeffrey Zucker and CNN General Counsel David Vigilante had accused the news outlet of violating the Lanham Act of 1946, 15 U.S.C. § 1051 et seq., a federal statute that governs trademarks and also includes provisions against false advertising.  

Borders: Judge Rules Border Agents Need “Reasonable Suspicion” to Search and Seize Electronic Devices at U.S. Borders
On Nov. 12, 2019, Judge Denise J. Casper of the U.S. District Court for the District of Massachusetts ruled that U.S. Customs and Border Protection (CBP) must have “reasonable suspicion that a [traveler’s electronic] device contains contraband” in order to search and/or seize the device at U.S. borders.  

Reporters in Danger: Legal Action Continues in Cases Stemming from Murder of Khashoggi and Detentioni of Duran Ortega; Oregon Officials and Trump Supporters Raise Press Freedom Issues
In the second half of 2019, legal action continued in cases stemming from the muder of a Saudi journalist and the detaining of a Salvadoran journalist.  

Political Advertising: Social Media Networks, Tech Companies Struggle with Misleading Political Advertisements
Throughout 2019, social media companies faced increased criticism regarding misleading political advertisements on their respective platforms.  

First Amendment: Politicians Continue to Confront Issues in Blocking Social Media Users; Minneapolis Enacts New Social Media Policy
Throughout the second half of 2019, politicians continued to confront issues stemming from blocking constituents on social media.  

Defamation: News Organizations and Journalists Face High-Profile Defamation Cases Brought by Public Officials, Figures
In the second half of 2019, several notable defamation lawsuits were filed, advanced, or resolved.  

Minnesota: Eighth Circuit and Minnesota State Courts Resolve Notable Constitutional Cases
In fall 2019, three notable cases were resolved in cases tied to Minnesota.  

Searches and Seizures: Fifth Judge Orders Release of Warrant Materials Tied to Searches of Freelance Journalist’s Home, Office, and Phone Records; Free Speech Group Files Lawsuit Seeking Additional Records
On Sept. 3, 2019, the First Amendment Coalition (FAC), a free-speech and media support group, released a statement announcing the the organization had succeeded in getting a “fifth and final warrant” unsealed regarding the May 10, 2019 searches of freelance journalist Bryan Carmody’s home, office, and phone records in San Francisco, Calif.  

First Amendment: Ninth Circuit Rules First Amendment Provides Rights of Access to Hear the Sounds of Prisoner Executions
On Sept. 17, 2019, the U.S. Court of Appeals for the Ninth Circuit held that seven Arizona death-row inmates had plausibly alleged that the Arizona Department of Corrections’ (ADC) new restrictions on the ability of execution witnesses to hear the sounds of the entire execution process violated the inmates’ First Amendment rights.  

Social Media: Harvard Freshman Allegedly Denied Entry into U.S. Over Friends’ Social Media Posts; DHS Proposes Rule Expanding Collection of Social Media Information
On Aug. 27, 2019, The Harvard Crimson reported that U.S. border officials had revoked 17-year-old Harvard freshman Ismail B. Ajjawi’s visa and deported the student to Lebanon after interrogating him about his friends’ political posts on social media.  

Silha Center Events: 34th Annual Silha Lecture Tackles Public and Media Access to Court Proceedings and Records
On Oct. 28, 2019, attorney Kelli L. Sager contended during the 34th annual Silha Lecture that the press has “a critical role to play in the judicial system.”  

Below is the Table of Contents for the Summer 2019 edition of the Silha Bulletin. Click on the title to read the full article. 

Download full text (pdf)

Cover Story: Federal Prosecutors Charge Julian Assange With Seventeen Counts Under the Espionage Act, Prompting Renewed Concern for Journalists

On May 23, 2019, several media outlets reported that the U.S. Department of Justice (DOJ) had released and indictment alleging 17 additional charges against WikiLeaks founder Julian Assange, all of which were under the Espionage Act, 18 U.S.C. § 793. 

Searches and Seizures: Police Raid Freelance Journalist’s Home and Office, Prompting Criticism and Legal Action

On May 10, 2019, the San Francisco Chronicle reported that officers from the San Francisco Police Department (SFPD) had raided the home and office of freelance journalist Bryan Carmody, seizing documents and electronic devices.  

First Amendment: Second Circuit Rules President Trump Violated the First Amendment By Blocking Twitter Users

On July 9. 2019, the U.S. Court of Appeals for the Second Circuit ruled that President Donald Trump could not block Twitter users from his Twitter account, reasoning that he had created a public forum and that blocking users that criticized him or his policies constituted viewpoint-based discrimination in violation of the First Amendment.  

Access: White House Revokes and Suspends Hard Press Passes Under New Rules

In a May 8, 2019 Washington Post opinion piece, Dana Milbank, the Post’s op-ed columnist covering national politics, wrote that he had received an email from the White House Press Office stating that his hard press pass, a physical press credential granting him access to the White House, had been revoked.  

Data Privacy: FTC Reaches $5 Billion Settlement with Facebook, Prompting Praise and Criticism

On July 24, the Federal Trade Commission (FTC) announced in a press release that it was imposing a $5 billion fine against Facebook, as well as instituting ever new “privacy restrictions” on the social media company.  

Data Privacy: Debates Continue Over a Federal Data Privacy Law or Framework

In the spring and summer of 2019, momentum for federal data privacy legislation intensified during the 116th Congress, which saw several data privacy bills introduced in the U.S. Senate and House of Representatives. 

Supreme Court News: Supreme Court Rulings Address First Amendment and FOIA Questions

In the summer of 2019, the U.S. Supreme Court ruled in three separate cases related to the First Amendment and Freedom of Information Act (FOIA), 5 U.S.C. § 552. 

Supreme Court News: Former Supreme Court Justice John Paul Stevens Passes Away; Authored Notable First Amendment Majority and Dissenting Opinions

On July 16, 2019, former U.S. Supreme Court Justice John Paul Stevens died of complications following a stroke.  

Defamation: Minnesota Supreme Court, Sixth Circuit, and Eastern District of Kentucky Rule in Notable Defamation Cases

In the summer of 2019, the Minnesota Supreme Court, the U.S. Court of Appeals for the Second and Sixth Circuits, and the U.S. District Court for the Eastern District of Kentucky rules in four notable defamation cases.  

Access: Judge Allows Media and Public to Make Copies of Evidence from Trial of Former Minneapolis Police Officer, Restricts Live Streaming of Noor Sentencing Hearing

On May 22, 2019, Hennepin County, Minn. Fourth Judicial District Court Judge Kathryn Quaintance ordered that members of the media and public be allowed not only to view, but also to make copies of key evidence from the trial of former Minneapolis Police Officer Mohamed Noor.  

Searches and Seizures: U.S. Customs and Border Protection Continues to Raise Privacy Issues Amid Data Breach, Searches and Seizures of Electronic Devices

In the summer of 2019, U.S. Customs and Border Protection (CBP) continued to raise legal questions and concerns related to a data breach exposing thousands of photographs of travelers, vehicles, and license plates, as well as the agency’s continued practice of searching and seizing journalists’ electronic devices at U.S. borders. 

Editorial Control: The New York Times Discontinues Editorial Cartoons in Its International Edition; Canadian Publisher Ends Contract with Editorial Cartoonist

In the summer of 2019, two editorial cartoons depicting President Donald Trump garnered worldwide criticism, leading to controversial responses by The New York Times and Canadian publisher Brunswick News Inc. (BNI). 

First Amendment: Federal Judge Rules Controversial Undercover Video Maker Protected from Certain Damages by First Amendment

On July 16, Judge William Orrick III of the U.S. District Court for the District of Northern California issued a tentative ruling in favor of pro-life activist David Daleiden, finding that the First Amendment protected him and his anti-abortion group, the Center for Medical Progress (CMP) from certain damages sought by Planned Parenthood Federation of America, Inc. (Planned Parenthood).

Silha Center Events: Attorney Kelli L. Sager to Deliver 34th Annual Silha Lecture: “In Defense of Public Trials: Access to Court Proceedings in the Internet Age”

Almost a quarter of a century after the O. J. Simspon criminal trial riveted the country, the public’s ability to observe or even read about court proceedings has barely progressed.

Below is the Table of Contents for the Winter/Spring 2019 Silha Bulletin. Click on the title to read the full article.

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Cover Story: Media Coalition Wins Legal Victory to Access Body Camera Video in Trial of Former Minneapolis Police Officer

On April 9, 2019, Hennepin County, Minn. Fourth Judicial District Court Judge Kathryn Quaintance reversed an earlier ruling in which she had limited public and media access to key evidence in the trial of fomer Minneapolis Police Officer Mohamed Noor, who was found guilty of third-degree murder and second-degree manslaughter after shooting and killing 40-year-old personal health coach Justine Damond in 2017.

First Amendment: WikiLeaks Founder Julian Assange Arrested on Computer Hacking Charges, Fueling Concerns Over Press Freedom

On April 11, 2019, British authorities arrested WikiLeaks founder Julian Assange at the Ecuadorian embassy in London where he had been seeking refuge since 2012. 

First Amendment: Department of Justice Continues Mulling Policies Regarding Jailing, Subpoenaing, and Searching U.S. Journalists

In January 2019, a report by The Hill and testimony by then-Attorney General nominee William P. Barr, both fueled renewed speculation that the U.S. Department of Justice (DOJ) was considering changing its policies and practices regarding jailing, subpoenaing, and searching members of the news media.  

Supreme Court News: Justice Thomas Calls for Supreme Court to Reconsider the Actual Malice Standard

In a concurring opinion filed in McKee v. Cosby, 586 U.S. __ (2019), on Feb. 19, 2019, U.S. Supreme Court Justice Clarence Thomas called for the Court to revisit the actual malice standard, which was created in New York Times v. Sullivan and requires proof that defendants knowingly made false statements or made statements with reckless disregard for their truth or falsity.  

Defamation: Federal Judge Dismisses Defamation Lawsuit Against BuzzFeed News; News Organizations Face Significant Defamation Lawsuits and Settlements

In the winter of 2018/2019, a federal judge dismissed a defamation lawsuit against BuzzFeed News amidst several individuals filing multi-million dollar lawsuits against major media organizations. 

Reporters in Danger: Journalists in the U.S. and Abroad Continue to Face Violence and Imprisonment; U.S. Court Holds Syria Liable for Role in Journalist’s 2012 Death

Journalists in the U.S. and abroad continued to face violence and incarceration in the beginning of 2019.  Continue reading.

First Amendment: Fourth Circuit and Western District of Wisconsin Rule Public Officials Violated the First Amendment by Blocking Social Media Users

In January 2019, the U.S. Court of Appeals for the Fourth Circuit and the U.S. District Court for the Western District of Wisconsin reached similar conclusions regarding the First Amendment implications of public officials blocking social media users.  

Ethics: Actions by Media Outlets and Companies Raise Ethical Questions

In the winter of 2018/2019, several media outlets’ and companies’ practices raised important ethical questions.  

Data Privacy: Google Faces Renewed Concerns Regarding Data Privacy in the U.S. and Abroad

In January 2019, European Union (EU) regulators continued to grapple with how to regulate Google in several areas, including the scope of “the right to be forgotten” and data privacy.  

Data Privacy: Facebook Faces Continued Scrutiny Over Data Privacy and Cambridge Scandal

In December 2018. Facebook continued to face scrutiny over its actions and policies regarding privacy and user information.  

FOIA: The Reporters Committee for Freedom of the Press Prevails in a FOIA Lawsuit Regarding FBI Impersonation of Documentary Filmmakers

On March 1, 2019, Judge Rudolph Contreras of the U.S. District Court for the District of Columbia ruled in favor of the Reporters Committee for Freedom of the Press (RCFP), which had filed a motion for summary judgement challenging the Federal Bureau of Investigation’s (FBI) refusal to confirm or deny the existence of records related to the impersonation of documentary film workers, known as a “Glomar” response.  

Searches and Seizures: Journalists and Other Travelers Targeted at U.S. Borders, Creating More Confusion and Lawsuits

In the winter of 2018/2019, the targeting of journalists and other travelers at U.S. borders by U.S. Customs and Border Protection (CBP) continued to be the subject of media reports, lawsuits, and advocacy organization action. 

Ag-Gag Laws: Federal Judge Strikes Down Iowa’s “Ag-Gag” Law; Coalition of Animal Rights Groups Challenges Nation’s Oldest “Ag-Gag” Law

In the winter of 2018/2019, state “ag-gag” laws continued to be the target of federal court rulings and lawsuits.  

Silha Center Events: 2019 Spring Forum Tackles Balancing Freedom of the Press and the Right to a Fair Trial

On April 30, 2019, the Silha Center for the Study of Media Ethics and Law and the Minnesota Pro Chapter of the Society of Professional Journalists (SPJ) hosted the 2019 Silha Center Spring Forum titled “Free Press - Fair Trial: The Ethics of Writing Wrongs.” 

The Silha Center Bulletin
Fall 2018: Volume 24, No. 1
 

Download full text (pdf)

Cover Story: Facebook, Google Fail to Protect Users’ Date; Tech Companies and Federal Government Pursue Federal Data Privacy Frameworks

Throughout 2018. Social network platform Facebook was the target of investigations and widespread criticism over allegations that it failed to adequately protect users’ data.  

First Amendment: President Trump Continues Anti-Press Rhetoric and Actions

In fall 2018, President Donald Trump and his administration continued to use and promote anti-press rhetoric and actions.  

Reporters in Danger: Journalists in the United States and Abroad Face Threats of Violence and Incarceration

Throughout 2018, several journalists in the United States and abroad faced murder, incarceration, and threats of violence. 

First Amendment: President Trump Prevails in Two Federal Courts’ First Amendment Rulings, Faces New First Amendment Lawsuit

In fall 2018, President Donald Trump prevailed in two First Amendment cases in federal court.  

FOIA: First Amendment Coalition Sues Department of Justice Over Secret Collection of Journalist’s Telephone and Email Records

On Sept. 19, 2018, the First Amendment Coalition (FAC) filed a lawsuit against the U.S. Department of Justice (DOJ) in an effort to force the disclosure of records related to the seizure of New York Times reporter Ali Watkins’ confidential telephone and email records by President Donald Trump’s administration. 

Supreme Court News: Brett Kavanaugh Sworn in as the 114th U.S. Supreme Court Justice

On July 9, 2018, President Donald Trump nominated U.S. Court of Appeals for the D.C. Circuit Judge Brett Kavanaugh to fill the vacant seat on the U.S. Supreme Court after Associate Justice Anthony Kennedy announced his retirement two weeks earlier.  

Net Neutrality: Repeal of Net Neutrality Rules Continues to Face Legal Uncertainty

The repeal of the Federal Communication Commission’s net neutrality rules on Dec. 14, 2017 continues to be fraught with legal challenges.  

Leak Investigations: Investigations, Prosecutions, and Sentencing Continue in Government Leak Cases

In fall 2018, investigations and prosecutions related to leaks of secret government information and documents continued in different stages around the United States. 

Tech Censorship: Trump Administration Threatens Regulation of Social Media Companies and Google for Alleged Political Bias

On Aug. 28, 2018, President Donald Trump posted a pair of tweets alleging that Google search results were biased against right-wing media outlets and individuals, prompting criticism from some observers.  

Privacy: Stearns County Releases State Documents from the Wetterling Investigation

On Sept. 20, 2018, multiple news outlets reported that following a press conference by Sheriff Don Gudmundson, the Stearns County Sheriff’s Office (Stearns County) released a 41,787-page investigative file related to the 27-year investigation into the 1989 abduction and muder of Jacob Wetterling.  

Law Enforcement: Ninth Circuit Ruling and Federal Lawsuit Target U.S. Customs and Border Protection for First and Fourth Amendment Violation

In the second half of 2018, a circuit court ruling and a federal lawsuit addressed First and Fourth Amendment concerns prompted by actions by U.S. Customs and Border Protection (CBP) agents.  

Access: Federal Judge Indications the Public and the Press Have a First Amendment Right to Witness All Portions of California Executions

On Aug. 17, 2018, multiple news outlets reported that Judge Richard Seeborg of the U.S. District Court for the Northern District of California denied a motion by California officials seeking to dismiss a lawsuit challenging state protocols barring the public and the press from viewing portions of an inmate execution, including the preparation and injection of lethal drugs, as well as medical assistance provided to an inmate if an execution fails.  

Defamation: Defamation Cases Continue for Right-Wing Radio Host and Buzzfeed; Former Political Candidates Bring Defamation Lawsuits

In summer and fall of 2018, several prominent individuals faced or filed defamation lawsuits.  

Copyright: Ninth Circuit Declines a Second Look at the Monkey Selfie Case

On Aug. 31, 2018, the U.S. Court of Appeals for the Ninth Circuit declined to rehear en banc what became known as the “Monkey Selfie” case, which arose after and Indonesian monkey named Naruto took a selfie of himself using photographer David John Slater’s camera in 2011.  

Ag-Gag Laws: Fourth Circuit Allows Lawsuit Targeting North Carolina Ag-Gag Law to Continue; District Court Rules Wyoming Law Unconstitutional

In summer and fall 2018, two federal courts ruled on North Carolina’s and Wyoming’s “ag-gag” laws, which generally prohibited individuals or organizations from gaining access to areas restricted to the general public, among other provisions.  

Silha Center Events: 33rd Annual Silha Lecture Addresses the Free Speech Implications of the #MeToo Movement

On Oct. 17, 2018, First Amendment attorney Theodore J. Boutrous Jr., the global co-chair of Gibson, Dunn & Crutcher LLP’s Litigation Group, discussed the interplay between the First Amendment and the #MeToo movement during the 33rd Annual Silha Lecture, “The First Amendment and #MeToo,” at the University of Minnesota’s Cowles Auditorium, with more than 250 people in attendance.  

Below is the Table of Contents for the Summer 2018 Silha Bulletin.  Click on the title to read the full article.

Download full text (pdf)

Cover Story: Journalists Face Physical Violence, Other Dangers in the United States and Abroad
In the late spring and early summer of 2018, several journalists faced different dangers in the United States and abroad. 

Leak Investigations: Trump Administration Targets Journalist, Leaker of Government Information, and Former Government Employees Who Took Classified Documents
In the spring and summer of 2018, President Donald Trump’s administration continued to target and prosecute leaders of government information, as well as individuals who took classified documents without authorization.  

Supreme Court News: U.S. Supreme Court Justice Anthony Kennedy Retires, Leaves Strong Legacy on First Amendment Jurisprudence, Mixed Legacy on Fourth Amendment
On June 27, 2018, U.S. Supreme Court Associate Justice Anthony Kennedy sent a letter to President Donald Trump announcing that he was retiring after 30 years on the court. 

First Amendment: Federal Courts and State Governors Deal with First Amendment Implications of Politicians Blocking Social Media Users
In the spring and early summer of 2018, two federal judges reached different rulings in cases raising First Amendment questions about politicians blocking social media users.  

Defamation: Minnesota and Federal Courts Grapple with Defamation Questions; Right-Wing Radio Host Faces Several Defamation Lawsuits
In the first half of 2018, the Minnesota Court of Appeals and a federal district court grappled with questions arising in defamation cases.  

Supreme Court News: U.S. Supreme Court Rules Law Enforcement Must Obtain Warrant to Access Individuals’ Historical Cell Site Records 
On June 22, 2018, the U.S. Supreme Court, in Carpenter v. United States, ruled in a 5-4 decision that government actors need a warrant to obtain historical data from cell phone carriers detailing the movements of a cellphone user, known as cell site location information (CSLI).  

Reporter’s Privilege: New York’s Highest Court Rules New York Times Reporter Must Testify in Trial
On June 27, 2018, the New York Court of Appeals, the state’s highest court, ruled in a 4-3 memorandum order that New York Times reporter Frances Robles did not have the right to appeal a trial judge’s decision compelling her to testify about jailhouse interviews she had conducted with Conrado Juárez, who was accused of killing a toddler in 1991.  

Editorial Control: Pittsburgh Post-Gazette Fires Longtime Editorial Cartoonist Rob Rogers
On June 14, 2018, several media outlets reported that the Pittsburgh Post-Gazette had fired its longtime editorial cartoonist, Rob Rogers.  

Net Neutrality: FCC Repeal of Net Neutrality Takes Effect, Faces Continued Legal and Legislative Opposition
On June 11, 2018, the Federal Communication Commission’s (FCC) repeal of net neutrality officially took effect, leading several observers to consider the possible implications of the repeal.  

Searches and Seizures: U.S. Customs and Border Protection Actions Continue to Raise First and Fourth Amendment Questions
On Jan. 4, 2018, U.S. Customs and Border Protection (CBP) issued a new directive revising its policies regarding searches of electronic devices and information at U.S. borders amidst growing criticism from observers that such searches without probable cause or a warrant constituted a violation of the First and Fourth Amendments. 

Privacy: Courts in the United Kingdom and the United States Wrestle with the “Right to Be Forgotten”
In the first half of 2018, courts in the United Kingdom (UK) and the United States grappled with the “right to be forgotten,” the right of individuals to have online search engine search results removed. 

Privacy: Wetterling Family Decides Not to Appeal Judge’s Order Requiring the Release of State Documents from Wetterling Investigation
On July 21, 2018, the Minneapolis Star Tribune reported that the family of Jacob Wetterling, who 1989 abduction and murder prompted a 27-year investigation, had decided not to appeal a district judge’s ruling requiring the release of state documents from the investigation case file. 

Press Freedom: Federal Judge Imposes Prior Restraint on Los Angeles Times, Later Vacates Own Order
On July 14, 2018, the Los Angeles Times reported that Judge John F. Walker of the U.S. District Court for the Central District of California had ordered the newspaper to remove information from an article concerning a plea agreement between prosecutors and a Glendale, Calif. police detective tied to organized crime.  

FOIA: District Court Rules in Favor of CIA in Selective Disclosure FOIA Case
On March 29, 2018, Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York granted the Central Intelligence Agency’s (CIA) motion for summary judgment in a Freedom of Information Act (FOIA), 5 U.S.C. § 552, case brought by Adam Johnson, and independent journalist and contributing analyst for Fairness and Accuracy in Reporter (FAIR), a progressive media watchdog organization.  

Cameras in Courtroom: Minnesota Supreme Court Allows Audio and Video Recordings in Some Portions of Criminal Cases
On July 2, 2018, the Minnesota Supreme Court issued an order allowing audio and video recording in most criminal proceedings “after a guilty plea has been accepted or a guilty verdict has been returned.”  

Copyright: U.S. Court of Appeals Calls PETA Bananas in Monkey Selfie Case
On April 24, 2018, the U.S. Court of Appeals for the Ninth Circuit ruled that an Indonesian monkey named Naruto could not sue for copyright infringement over the publication of selfies he took using photographer David John Slater’s unattended camera in 2011.  

Silha Center Events: Theodore J. Boutrous, Jr. to Deliver 33rd Annual Silha Lecture: “The First Amendment and #MeToo”
On Dec. 18, 2017, Time magazine named “The Silence Breakers” as 2017 “Person of the Year,” recognizing the #MeToo movement, an international campaign against sexual harassment and assault.  

Dr. Hazel Dicken-Garcia, Former Interim Director of the Silha Center, Passes Away in May 2018
On May 30, 2018, Hubbard School of Journalism and Mass Communication Emerita Professor Hazel Dicken-Garcia passed away at the age of 79.  

In Memory of Helen Fitch Silha
The Silha Center gratefully acknowledges the generosity of the following who made donations in memory of Helen Fitch Silha. 

Below is the Table of Contents for the Winter/Spring 2018 Silha Bulletin. Click on the title to read the full article.

Download full text (pdf)

We devote the first three articles of this issue of the Silha Bulletin to the ethics of covering President Donald Trump, President Trump’s supporters, and the “alt-right.”

We examine the media ethics concerns that arise when news organizations cover a presidency that many individuals, from a variety of viewpoints, consider unconventional.

Special Series: The Ethics of Covering President Donald Trump
In the winter and spring of 2017 and 2018, media organizations and experts grappled with ethical and legal questions regarding the coverage of President Donald Trump and his administration.  

Special Series: The Ethics of Covering President Trump’s Supporters
Media Coverage of President Donald Trump’s supporters has prompted several ethical dilemmas in the year since his election, including criticism that the coverage “normalizes” the ideas promoted by the president’s most ardent supporters. 

Special Series: The Ethics of Covering the “Alt-Right”
On Nov. 25, 2017, New York Times reporter Richard Fausset wrote a profile of Tony Hovater, a white nationalist and Nazi sympathizer, after violence erupted during an August 2017 march by white nationalists and other far right individuals in Charlottesville, Va., bringing the “alt-right” to the national forefront.  

Federal Prosecutions: Federal Government Targets a Leaker and Backpage.com
In the spring of 2018, the federal government took separate actions against a former federal special agent and Backpage.com (Backpage).  

Net Neutrality: FCC Repeals Net Neutrality, Prompts Legal and Legislative Responses
On Dec. 14, 2017, the Federal Communications Commission (FCC) voted to repeal the net neutrality rules put in place in 2015, which prohibited Internet Service Providers (ISPs) from blocking or “throttling” websites, or charging for higher-quality service or access to certain content. 

Media Ethics: Parkland Shooting Raises Ethical Questions about Covering Mass Shootings, Sparks Proliferation of Fake News and Conspiracy Theories
On Feb. 14, 2018, 17 adults and teenagers were killed and 17 more were injured after a gunman opened fire at Marjory Stoneman Douglas High School (Stoneman Douglas) in Parkland, Fla., garnering significant media coverage.  

Data Privacy: Undercover Video Maker James O’Keefe Continues Attacks on the News Media, Faces Setbacks in Some Legal Disputes
In October 2017, political activist James O’Keefe, who is known for publishing controversial hidden camera videos on his website, Project Veritas, targeted The New York Times in his latest operation intended to target the mass media. 

Media Ethics: Sinclair Broadcasting Group’s “Must-Run” Segment Raises Ethical Questions
On March 31, 2018, Deadspin, an alternative sports blog that also provides political commentary, posted a video depicting news anchors from various local broadcast television outlets repeating the same scripted lines about fake news and fair reporting.  

Reporter’s Privilege: Canada Passes Federal Shield Law; Courts Deny Requests to Compel a Journalist and Internet Media Company to Disclose Sources and Information
In the final months of 2017, the Parliament of Canada, as well as a state and federal judge in the United States, supported a reporter’s privilege to protect confidential sources and information.  

Privacy: Judge Orders Certain Files from Wetterling Investigation Be Returned to FBI, Allows Release of Remaining State Documents
In the spring of 2018, a district judge ruled on two separate motions for summary judgement regarding the release of the contested Jacob Wetterling murder investigation case files.  

FOIA: D.C. Court Finds FBI Failed to Conduct a “Reasonable” Search of Records Regarding Media Impersonation
On Dec. 15, 2017, the U.S. Court of Appeals for the D.C. Circuit ruled in favor of the Reporters Committee for Freedom of the Press (RCFP) and the Associated Press (AP) in their Freedom of Information Act (FOIA), 5 U.S.C. § 552, lawsuit against the Federal Bureau of Investigation (FBI) and the U.S. Department of Justice (DOJ). 

Cameras in Courtroom: Minnesota Legislature Seeks to End Use of Cameras in Courtrooms
On March 8, 2018, Minnesota Rep. Jim Knoblach (R-St. Cloud) introduced HF 3436, a bill seeking to restrict the use of cameras in Minnesota courtrooms, citing the necessity of protecting defendants, victims, and witnesses during court proceedings. 

Defamation: Jesse Ventura Reaches Settlement in American Sniper Defamation Lawsuit
On Dec. 1, 2017, the Minneapolis Star Tribune reported that former Minnesota Gov. Jesse Ventura had reached a settlement in his defamation lawsuit against American Sniper author and former Navy SEAL Chris Kyle’s estate.  

Ag-Gag Laws: Minnesota Legislature Introduces an “Ag-Gag” Law; Federal Appeals Courts Strike Down Two States’ Laws
During the fall and winter of 2017 and 2018, so-called “ag-gag” laws, which generally prohibit individuals from conducting undercover investigations into agricultural operations or from criticizing agricultural products, were the focus of state legislatures and federal courts.  

Special Report: Special Report: Silha Center Interview with Panama Papers Journalist Kevin Hall
On Jan. 16, 2018, Silha Center Director and Silha Professor of Media Ethics and Law Jane Kirtley and Silha Bulletin Editor Scott Memmel met with Kevin Hall, the Chief Economics Correspondent for McClatchy Newspapers, Inc., which operates 29 daily newspapers in the United States, including the Miami Herald and the Sacramento Bee.   

Silha Center Events: Spring Symposium Marks the 30th Anniversary of Hustler Magazine, Inc. v. Falwell, Discusses History, Purpose, and Impact of Political Cartoons
Delivering the unanimous ruling of the U.S. Supreme Court in the 1988 case Hustler Magazine, Inc. v. Falwell, Chief Justice William Rehnquist wrote, “Despite their sometimes caustic nature, from the early cartoon portraying George Washington as an ass down to the present day, graphic depictions and satirical cartoons have played a prominent role in public and political debate.. . . From the viewpoint of history, it is clear that our political discourse would have been considerably poorer without them.”  485 U.S. 46 (1988). 

Below is the Table of Contents for the Fall 2017 edition of the Silha Bulletin. Click on the title to read the full article.

Download full text (pdf)

Cover Story: Federal Search Warrants and Nondisclosure Orders Lead to Legal Action; DOJ Changes Gag Order Practices
In 2017, broad federal search warrants, as well as nondisclosure orders preventing technology and social media companies from informing their customers that their information had been handed over to the government, led to legal action and raised concerns from observers.  Continue reading.

Prior Restraints: Federal Judge Blocks Canadian Supreme Court Order Requiring Google to Delist Search Results
On Nov. 2, 2017, Judge Edward J. Davila of the U.S. District Court for the Northern District of California, San Jose Division, granted a motion brought by Google asking that the court prevent enforcement of an order by the Supreme Court of Canada requiring the search engine to delist certain search results that allegedly infringed the intellectual property rights of a British Columbia-based technology company.  Continue reading.

Defamation: News Organizations and Journalists Face High-Profile Defamation Lawsuits
In the summer and fall of 2017, freelance journalist Yashar Ali, The New York Times, Rolling Stone magazine, and the mayor of Minneapolis each faced notable defamation lawsuits.  Continue reading.

Defamation: Attorney Charles Harder Continues Attacks on News Websites by Filing Defamation Suits
In 2017, attorney Charles J. Harder, best known for his victorious lawsuit against media gossip website Gawker on behalf of former-professional wrestler Hulk Hogan, continued his legal attacks on media websites.  Continue reading.

Endangered Journalists: EPA Targets Journalist for “Misleading Story”; Ohio Photographer Shot by Police; Charge Dropped Against West Virginia Photographer
In the fall of 2017, several journalists faced professional attacks or physical harm while engaged in reporting.  Continue reading.

Special Report: The United States, the European Union, and the Irish High Court Wrangle Data Privacy Concerns
On Oct. 18, 2017, the European Commission released a report on the annual review of the EU-U.S. Privacy Shield, which concluded that the United States had “put in place all the necessary structures and procedures to ensure the correct functioning of the [Shield].” Continue reading.

First Amendment: Utah District Court, Minnesota Court of Appeals Address First Amendment Questions
In the fall of 2017, the U.S. District Court for the District of Utah, Central Division and the Minnesota Court of Appeals considered whether statutes in their respective states were unconstitutionally overbroad and restricted protected speech under the First Amendment.  Continue reading.

Searches and Seizures: Civil Rights Organizations, Federal Agency, and House of Representatives Raise Different Issues Regarding Searches at U.S. Borders
In the fall of 2017, civil rights organizations raised renewed legal questions regarding the searches and seizures of individuals’ electronic devices at U.S. borders, while a federal agency continued efforts to require immigrants to the United States to turn over social media account information and the U.S. House of Representatives passed legislation augmenting surveillance at U.S. borders.  Continue reading.

Cameras in Courtroom: Minnesota Supreme Court Begins Livestreaming Video of Oral Arguments
In an Aug. 23, 2017 news release, the Minnesota Judicial Branch announced that the Minnesota Supreme Court would begin livestreaming video of oral arguments in an effort to increase public access to the work of the state’s highest court.  Continue reading.

Access: Media Groups Allowed to Join Lawsuit over Access to Documents in Wetterling Investigation; Dispute Expands to over Half the Case File
In the fall of 2017, two hearings were held regarding the possible release of documents related to the Jacob Wetterling investigation, stemming from the notorious 1989 abduction and murder of an 11-year-old boy.  Continue reading.

Reporter’s Privilege: Update: University of Minnesota Regents Investigation Fails to Uncover Leaker of Information to KSTP-TV
On Sept. 14, 2017, the University of Minnesota (University) released a statement announcing that an investigation by the University Board of Regents (regents) had failed to uncover who leaked confidential information to KSTP-TV, the ABC affiliate in St. Paul, about Randy Handel, the University associate athletic director of development.  Continue reading.

Copyright: No More Monkey Business: Settlement Ends “Monkey Selfie” Copyright Lawsuit
On Sept. 11, 2017, the People for the Ethical Treatment of Animals (PETA) announced on its website that the organization had reached a settlement with photographer David John Slater after a two-year legal dispute over the rights to a selfie taken by a monkey in Indonesia in 2011.  Continue reading.

Silha Center Events: 32nd Annual Silha Lecture Addresses Freedom of the Press During Trump Presidency
Deputy general counsel of The New York Times David McCraw argued during the 32nd annual Silha Lecture that beyond President Donald Trump’s tweets and disparaging of “fake” and “failing” news outlets, the current media landscape raises questions as to whether legal precedents for First Amendment protections are still viable today.  Continue reading.

Helen Silha, Beloved and Constant Supporter of the Silha Center, Passes Away in October 2017
The Silha Center staff mourns the recent passing of donor Helen Silha.  Continue reading.

Below is the Table of Contents for the Summer 2017 Silha Bulletin.  Click on the title to read the full article.

Download full text (pdf)

Cover Story: Reporters and Leakers of Classified Documents Targeted by President Trump and the DOJ
In the first half of 2017, President Donald Trump and the Department of Justice (DOJ) sought to address leaks tied to the Trump administration. 

Endangered Journalists: Journalists Face Physical Restraints and Arrests; Trump Video Raises Further Concerns about Violence Against the Media
During the Summer of 2017, several journalists were physically restrained or arrested in the process of newsgathering duties. 

First Amendment: President Trump and His Administration Spark Debate Over Media Law Issues
In the summer of 2017, comments and actions by President Donald Trump and his administration raised First Amendment concerns, among other media law issues.  

Supreme Court News: U.S. Supreme Court Rules in Two Significant First Amendment Cases
On June 19, 2017, the U.S. Supreme Court issued two rulings concerning the First Amendment. 

Reporter’s Privilege: Vermont Governor Signs New Shield Law; U of M Board of Regents and a New York Appeals Court Address Reporter’s Privilege Issues
In the summer of 2017, the reporter’s privilege to protect confidential sources and information was the focus of a state legislature, a university’s board of regents, and a state appellate court. 

Defamation: Rolling Stone, Daily Mail, and ABC Settle High-Profile Defamation Lawsuits
In the spring and early summer of 2017, Rolling Stone magazine, the British tabloid Daily Mail, and American Broadcasting Company (ABC) each reached settlements in prominent defamation lawsuits.  

Privacy: Media Groups and Transparency Advocates Challenge Family’s Lawsuit, Judge’s Ruling Halting the Release of “Personal” Information
On June 2, 2017, multiple news organizations reported that Patty and Jerry Wetterling had filed a lawsuit to block the release of certain documents from the now-closed investigation into the 1989 abduction and murder of their son, Jacob. 

Law Enforcement: U.S. Customs and Border Protection Searches of Electronic Devices, Data at U.S. Borders Raise Privacy and Legal Concerns
In April 2017, U.S. Customs and Border Protection (CBP) released data indicating a significant increase between 2015 and early 2017 of warrantless searches by CBP agents of travelers’ person and work electronic devices, as well as demands for their passwords and social media information.  

Data Privacy: Ninth Circuit Addresses Spokeo after Supreme Court Remands Case; Circuit Courts Split on Article III Standing Bar Following Spokeo
On Aug. 14, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled on remand that plaintiff Thomas Robins claimed a “sufficiently concrete” injury to establish Article III standing under the U.S. Constitution in order to bring a claim against Spokeo, Inc. the operator of an online “people search engine,” for violating the Fair Credit Reporting Act (FCRA). 

Data Privacy: Eleventh Circuit Affirms Dismissal of Video Privacy Class Action; Legal Questions Remain
On April 27, 2017, the U.S. Court of Appeals for the Eleventh Circuit ruled that downloading a mobile software application (“app”) and gaining access to “premium content” through a cable package did not make the plaintiff a “subscriber” allowing him to bring a claim under the Video Privacy Protection Act (VPPA). 

Data Privacy: Controversial Undercover Video Makers Face Legal Action and Ethical Concerns
During the summer of 2017, two undercover video makers faced legal action after recording individuals and organizations without consent, among other unethical and potentially unlawful methods. 

Law Enforcement: Third Circuit Declares a First Amendment Right to Record On-Duty Police Officers
On July 7, 2017, the United States Courts of Appeals for the Third Circuit ruled that bystanders have a First Amendment right to record on-duty police officers in public places. 

Anti-SLAPP: Several State Courts and Legislatures Grapple with Anti-SLAPP Laws
During the summer of 2017, several states grappled with anti-SLAPP (strategic lawsuit against public participation) laws meant to provide a remedy for defendants against meritless claims brought by plaintiffs involving publications regarding matters of public concern or the defendant’s right to free speech, right to petition the government, or right of association.  

Update: Google Hands Over Only One Record Following Expansive Search Warrant
On Feb. 1, 2017, Hennepin County Judge Gary Larson approved a search warrant request by the Edina Police Department seeking to force Google to reveal the name(s) and personal information of suspect(s) in a local identity fraud case.  

Silha Center Events: New York Times Deputy General Counsel to Deliver 2017 Silha Lecture, “Making Media Law Great Again: The First Amendment in the Time of Trump”
When the President of the United States has declared the news media “the enemy of the American people” and has threatened to “open up our libel laws” to make it easier for the powerful to sue, will the Constitution continue to protect freedom of the press?

Below is the Table of Contents for the Winter/Spring edition of the Silha Bulletin.  Click on the title to read the full article.

Download full text (pdf)

Cover Story: Media Face Several Challenges During President Trump’s First Months In Office
On Jan. 20, 2017, Donald Trump was inaugurated as the 45th president of the United States.  

Media Ethics: Ethical Questions Debated after Buzzfeed Publishes Dossier Containing Controversial Unverified Claims about President Trump
Shortly before President Trump’s inauguration in January 2017, Buzzfeed published an article featuring a lengthy dossier detailing ties between the Russian government and the Trump campaign.  

National Security: President Obama Commutes Chelsea Manning’s Sentence, Pardons Gen. James E. Cartwright, Takes No Action on Edward Snowden
On Jan. 17, 2017, President Barack Obama commuted most of the remaining prison sentence of Chelsea Manning, a former army intelligence analyst who was convicted of leaking details of American military and diplomatic activities to WikiLeaks in 2010.  

Supreme Court News: Neil Gorsuch Sworn in as Newest Supreme Court Justice
On April 10, 2017, Neil M. Gorsuch became the U.S. Supreme Court’s 113th justice, filling the seat formerly held by Justice Antonin Scalia, who died in February 2016.  

National Security: WikiLeaks Publishes Documents Revealing CIA Hacking Tools, Faces Government Blowback
In early March 2017, several news outlets reported that WikiLeaks had published thousands of documents that appeared to expose hacking tools that the Central Intelligence Agency (CIA) uses in its spying and espionage efforts.

FCC: New FCC Chairman Signals Change in Direction for Agency
On Jan. 23, 2017, The Verge reported that President Donald Trump announced that he was elevating Commissioner Ajit Pai to chairman of the Federal Communications Commission (FCC). 

Reporter’s Privilege: Filmmaker and Journalists Face Subpoena Threats, Newsroom Searches, and Orders to Testify
During late 2016 and early 2017, reporter’s rights to protect their confidential sources, as well as published and unpublished information, were considered by two states and a military court.  

Data Privacy: Federal Government, Minnesota Court of Appeals Address Data Privacy Issues
During late 2016 and early 2017, data privacy arose at both the state and federal government levels.  

International News: British Press and Reform Advocates Continue to Battle over Questions of Regulation
Throughout 2016 and early 2017, the British print media continued to square off against press reform advocates over questions about the best way to update the United Kingdom’s press regulation system. 

State Law Updates: Minnesota and New York Consider Media Law Questions Involving the Internet and Privacy
During the spring of 2017, a Minnesota county judge, the New York State Assembly, and the Minnesota Supreme Court addressed media law questions involving online issues.  

Cameras in Courtrooms: Congress Revives Legislation to Permit Cameras in Supreme Court, Federal Courts
During early 2017, the U.S. House of Representatives and U.S. Senate once again considered legislation that would permit the use of television cameras during U.S. Supreme Court arguments and during the proceedings of lower federal courts.  

Online Speech: Backpage Closes Adult Content Section after Government Scrutiny
On Jan. 9, 2017, Backpage, an online classified advertising website, announced that it would no longer publish adult services advertisements on its website.  

Silha Center Events: Silha Center Spring Forum Addresses Ethical Challenges Related to Fake News
On April 24, 2017, more than 100 community members, journalists, journalism students, and professors gathered at the 2017 Silha Center Spring Forum titled “Making News or Faking news?  Ethical Journalism in a Post-Truth Era” to discuss the proliferation of “fake news” — false and misleading content mean to appear as a legitimate news story that circulates on social media and Internet websites in general.  

Bulletin Fall 2016: Volume 22, No. 1

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Cover Story: Facebook Confronts Questions, Criticisms over News Distribution, Censorship, and “Fake News” Influencing Election
During the autumn of 2016, social media giant Facebook was the target of significant criticism for its role as a distributor of news to the public.  

First Amendment: Restrictions on “Ballot Selfies” Raise First Amendment Issues During 2016 Election
During the 2016 presidential election, several states dealt with legal questions regarding “ballot selfies,” the posting of photographs of completed ballots on social media sites.  

Press Freedom: President Barack Obama Leaves Mixed Legacy on Government Transparency
In January 2017, President Barack Obama left office, eight years after he won his first presidential campaign with promises of greater government transparency, saying during his inaugural address that “transparency and the rule of law [would] be the touchstones of [his] presidency. 

Supreme Court News: United States Supreme Court Set to Hear Oral Arguments on “Disparaging” Trademarks
On Sept. 29, 2016 the U.S. Supreme Court granted certiorari in Lee v. Tam, a case in which the plaintiffs are challenging the constitutionality of the “disparaging clause” of the Lanham Act, which bars the Patent and Trademark Office (PTO) from registering scandalous, immoral, or disparaging trademarks.  

Libel: American Bar Association Expresses Concerns over Publishing Report Calling Donald Trump a “Libel Bully”
On Oct. 24, 2016, The New York Times reported that the American Bar Association (ABA) was hesitant to publish a report analyzing then-presidential candidate Donald Trump’s history of filing libel lawsuits against his critics.  

Online Speech: Congress Adopts Law Protecting Online Consumer Reviews
On Nov. 28, 2016 the U.S. Senate passed the Consumer Review Fairness Act, H.R. 5111, a law that would protect consumers from retaliation after posting negative online reviews.  

Media Ethics: The Daily Beast Pulls Article Effectively Outing Olympic Athletes
In August 2016, Rio De Janeiro, Brazil hosted the 2016 Summer Olympics.  

Law Enforcement Conflicts: Advocates Criticize Law Enforcement Officials’ Deceptive Activities Involving the Press
During the fall of 2016, news organizations criticized law enforcement officials over the use of deceptive techniques involving the press while investigating criminal activity.  

Internet Technology: U.S. Government Ends Formal Oversight of Key Internet Infrastructure Functions Amidst Censorship Concerns
On Oct. 1, 2016, the U.S. government officially ended its formal oversight of the Internet Corporation for Assigned Names and Numbers (ICANN) after a two-year transition period.  

Defamation: Rolling Stone Found Liable for Defaming Dean in Now-Retracted Campus Rape Story
On Nov. 4, 2016, The New York Times reported that a federal jury had found Rolling Stone liable for defaming University of Virginia (UVA) Associate Dean of Students Nicole Eramo for its depiction of her in a now-retracted story about an alleged rape on UVA’s campus. 

Invasion of Privacy: Gawker and Hogan Reach $3 Million Settlement in Invasion of Privacy Suit
On Nov. 2, 2016, The Wall Street Journal reported that Gawker Media filed documents in a U.S. Bankruptcy Court for the Southern District of New York indicating that the company had reached a $31 million settlement with professional wrestler Hulk Hogan over an invasion of privacy lawsuit. 

Reporter’s Privilege: State Courts Consider Reporter’s Privilege Issues
During the fall of 2016, several individuals sought to invoke reporter’s privilege in various jurisdictions throughout the United States to prevent being compelled to reveal their confidential sources and non-confidential notes.  

Newsgathering: Independent Journalists Face Threats to Newsgathering Rights
Several independent journalists found themselves fighting restrictions on their abilities to gather news during the fall of 2016. 

State Law Updates: Media Law Issues at the Forefront in Several States
During the summer and fall of 2016, several states considered issues related to freedom of information and defamation.

Silha Center Events: 31st Annual Silha Lecture Examines Freedom of Expression and Racial Justice Tensions on College Campuses
During the 31st annual Silha Lecture, Harvard Law Professor Randall Kennedy rejected the notion that there must be conflict between champions of free expression and champions of racial justice in the United States.  

Bulletin Summer 2016: Volume 21, Number 3
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Cover Story: Gawker Shuts Down After Losing Initial Appeal of $140 Million Judgment in Privacy Case
On Aug. 22, 2016, celebrity and media gossip website Gawker ceased operations after losing its initial appeal of a $140 million judgment in a March 2016 trial court battle with Terry Bollea, better known as professional wrestler Hulk Hogan. 
 
FOIA: Sixth Circuit Rules that Booking Photos Implicate Privacy Interests Under FOIA
In July 2016, the U.S. Court of Appeals for the Sixth Circuit held that criminal defendants have a non-trivial privacy interest in booking photos, also known as mug shots, in relation to Freedom of Information Act (FOIA), 5 U.S.C. § 552. Detroit Free Press, Inc. v. U.S. Dep’t of Justice (Free Press II), No. 14-1670, (6th Cir. July 14, 2016).  
 
FCC: D.C. Circuit Upholds “Net Neutrality” Rules
On June 14, 2016, a three-judge panel for the U.S. Court of Appeals for the D.C. Circuit upheld the Federal Communications Commission’s (FCC) 2015 Open Internet Order, Protecting and Promoting the Open Internet, 80 Fed. Reg. 19,738 (Apr. 13, 2015) (codified at 47 C.F.R. 1), which reclassified broadband internet access as a utility and imposed provisions on internet service providers (ISPs) enforcing net neutrality principles.  
 
FOIA: President Obama Signs Law Making Significant Amendments to the Freedom of Information Act
On June 30, 2016, President Barack Obama signed the FOIA Improvement Act of 2016, S. 337, 114th Cong. (2016), into law, which reforms several aspects of the Freedom of Information Act (FOIA). 5 U.S.C. §552. 
 
International News: Right to Be Forgotten Continues to Create Challenges for Online Entities
In May 2014, the Court of Justice of the European Union (CJEU) ruled that European citizens retain a right to have online search engine results deleted that link to “inaccurate, inadequate, irrelevant or excessive” information about themselves under the European Union’s Data Protection Directive.  
 
Data Privacy: Supreme Court Issues Long-Awaited Spokeo Ruling
On May 16, 2016, the U.S. Supreme Court decided Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), vacating and remanding the U.S. Court of Appeals Ninth Circuit’s decision holding that the lower court failed to properly analyze the “concreteness” requirement for establishing an injury-in-fact.  
 
Defamation: Eighth Circuit Overturns Jesse Ventura’s Victory in Libel and Unjust Enrichment Suit
In June 2016, the U.S. Court of Appeals for the Eighth Circuit overturned a jury decision in favor of former Minnesota Gov. Jesse Ventura who brought defamation and unjust enrichment claims against American Sniper author Chris Kyle’s estate.  
 
Freedom of Press: 2016 Presidential Candidates Present Challenges for Free Expression
During the 2016 presidential race, free expression advocates have raised concerns over comments and actions taken by Republican candidate Donald Trump and Democratic candidate Hillary Clinton regarding the press.  
 
Online Speech: Revenge Porn Remains Controversial Topic for State and Federal Legislatures
In May 2016, Minnesota Gov. Mark Dayton signed a bill that would criminalize “revenge porn,” which is the online distribution of nude photos or other sexually explicit content depicting another person without consent. 

Data Privacy: Data Breaches Continue to Plague Social Networking Websites, Government Agencies, and News Organizations
Throughout 2016, private companies, government bodies, and media organizations faced data breaches and cyberattacks. 
 
Data Privacy: Critics Raise Privacy Concerns Over Pokémon Go
On July 6, 2016, mobile app developer Niantic Inc. released Pokémon Go, a free “augmented reality” game in which players attempt to capture virtual monsters called Pokémon, in the United States in both Apple’s and Android’s mobile apps stores.  
 
Newsgathering: Department of Defense Revises Law of War Manual after Criticisms from Journalistic Community
When the Department of Defense (DoD) issued its new “Law of War Manual” (Manual) in June 2015, several news organizations and press advocacy groups quickly criticized the way the manual defined “journalists” and “newsgathering activities,” and called on the government to make revisions to the text. 
 
State Law Updates: State Legislatures, Courts Consider Media Law Issues
During the summer of 2016, several states confronted legal questions that raised important issues for media law policy within their jurisdictions. 
 
Silha Center Events: Free Expression Controversies on College Campuses to be Topic of 31st Annual Silha Lecture
From “culturally offensive” Halloween costumes to protests over controversial speakers to “trigger warnings” in classrooms, debate over freedom of expression only seems new to America’s college campuses. 

Bulletin Winter/Spring 2016: Volume 21, No. 2 
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Cover Story: Department of Justice Drops Attempt to Force Apple to Unlock iPhone, but Questions Remain
The high profile legal battle between the Department of Justice (DOJ) and Apple, Inc. (Apple) came to a close on March 28, 2016 when the DOJ asked the U.S. District Court for the Central District of California to vacate its Feb. 16, 2016 order compelling Apple to assist law enforcement officials in unlocking the iPhone of one of the shooters in the December 2015 San Bernardino, Calif. terrorist attack.  

Privacy: Gawker Faces $140 Million Judgment after Losing Privacy Case to Hulk Hogan 
On March 18, 2016, a Florida jury awarded professional wrestler Hulk Hogan, whose real name is Terry Bollea, $155 million in damages in an invasion of privacy lawsuit against Gawker Media, an online media company that had published an excerpt of a sex tape of Hogan in 2012 on its flagship site, Gawker.  

Supreme Court News: Justice Antonin Scalia Leaves Mixed Legacy on First and Fourth Amendment Jurisprudence
On Feb. 13, 2016, United States Supreme Court Justice Antonin Scalia died in his sleep while on a hunting trip at a Texas resort.  

Reporter’s Privilege: Television Program’s Refusal to Disclose Footage Raises Questions over Minnesota Shield Law
During the summer of 2015, filmmakers for the television show “The First 48,” a reality television show on the cable channel A & E, followed Minneapolis police officers as they investigated several serious crimes that had occurred throughout the city.  

Newsgathering: Grand Jury Indicts Creators of Undercover Planned Parenthood Videos; Possible Implications for Undercover Newsgathering 
On Jan. 25, 2016, a Houston, Texas grand jury that was initially investigating accusations of criminal misconduct committed by Planned Parenthood issued indictments against employees of the Center for Medical Progress (CMP), an anti-abortion group that recorded covert videos of Planned Parenthood officials.  

Law Enforcement Conflicts: Canadian and U.S. News Organizations Raise Complaints over Law Enforcement Officers Impersonating Journalists 
In late 2015 and early 2016, news organizations in both Canada and the United States sought clarification from law enforcement authorities over the use of investigative techniques that involved posing as journalists. 

Advertising Regulation: Federal Trade Commission Cracks Down on Native Advertisements 
On March 15, 2016, the Federal Trade Commission (FTC) settled its first native advertising case against national retailer Lord & Taylor.  

Media Ethics: Rolling Stone Faces New Reporting Controversy, Continues to Face Questions over Retracted Story 
In early 2016, Rolling Stone found itself at the center of controversy once again after the magazine published an actor’s account of meeting a notorious drug lord who had recently escaped from a Mexican prison. 

Ninth Circuit Decisions: Ninth Circuit Rulings Set Important Precedents for First Amendment Cases 
In late 2015 and early 2016, the influential U.S. Court of Appeals for the Ninth Circuit dealt with a pair of cases that could have implications for students’ freedom of speech as well as that of filmmakers. 

Social Media: Twitter’s Change in Terms of Service to Limit “Harmful Speech” Garners Criticism 
On Dec. 29, 2015, Twitter announced changes to its terms of service. The changes targeted violent posts, including digital harassment and terroristic threats, allowing Twitter more explicit power to suspend or shut down accounts engaged in this conduct.  

Endangered Journalists: Iran Frees American Reporter; Protections for Expression Face Significant Challenges Elsewhere 
In the spring of 2016, The Washington Post received news that one of its reporters would be released from an Iranian prison after being held for more than a year.  

State Law Updates: Media Law Issues Remain at Forefront in Several States 
In the spring of 2016, several states confronted legal questions that raised important issues for state media law policy.

Below is the Table of Contents for the Fall 2015 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Fall 2015: Volume 21, No. 1
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Cover Story: NSA Telephony Metadata Collection Program Remains Controversial Even After It Ends
On Nov. 29, 2015, The Washington Post reported that the National Security Agency (NSA) ended its controversial program that collected Americans’ telephony metadata records. 

Copyright: Federal Courts Hand Down Major Copyright Decisions in High Profile Cases
Several major copyright decisions occurred in the fall of 2015.  

Federal Legislative Update: Judicial Redress Act the Next Step in a Replacement of EU-US Safe Harbor Framework; Controversial Cybersecurity Information Security Act Passes the Senate
Data security issues highlighted recent federal legislative updates, especially in the wake of the invalidation by the European Court of Justice (CJEU) of the EU Safe Harbor Framework governing transatlantic data flows.  

Media Ethics: News Organizations Grapple with Showing Depictions of Drowned Syrian Toddler
On Sept. 2, 2015, Turkey’s Dogan News Agency published a photo of a drowned 3-year-old boy who washed ashore on a Turkish beach after a boat carrying his family sank off the coast.  

Journalism Technology: FAA Issues Drone Registration Requirements; California Updates Drone Regulations, Vetoes Others
Over the past several months, laws surrounding the use of drones have continued to evolve.  

News Media Challenges: Journalists, Newspapers Clash with Activists on College Campuses, Raising First Amendment Issues
During the fall of 2015, journalists, news organizations, and college newspapers found themselves facing conflicts with student protesters and civil rights activists on several college campuses across the United States.  

Right of Publicity: Electronic Arts Seeks Review from Supreme Court Over Video Game Right of Publicity Rulings
On Oct. 5, 2015, video game developer Electronic Arts (EA) filed a petition seeking Supreme Court review in Davis v. Electronic Arts, 775 F.3d 1172 (9th Cir. 2015).  

Data Privacy: Obama Administration Backs Down on Cellphone Encryption Dispute, but Battles over Government Access to Technology Continue
On Oct. 10, 2015, The New York Times reported that President Barack Obama’s administration announced that it would not seek legal avenues to compel technology companies to allow law enforcement access to users’ encrypted cellphone data.  

Newsgathering: Department of Defense’s New Law of War Manual Brings Calls for Revisions from Journalistic Community
In June 2015, the United States Department of Defense issued its “Law of War Manual” (Manual), which is the agency’s comprehensive manual presenting its interpretation of the law of war.  

Endangered Journalists: Journalists Face Troubling Criminal Convictions Domestically and Abroad
During the fall of 2015, journalists domestic and abroad faced charges of criminal conduct that could result in lengthy prison sentences and, in one case, physical punishment.  

State Law Updates: Recent Cases and Pending Decisions Put Media Law Issues in Spotlight in Multiple States
A number of states dealt with high-profile media law issues during the fall of 2015 that could have far-reaching implications for journalists and citizens.  

Silha Center Events: 30th Annual Silha Lecture Addresses Challenges to Reporting on National Security Matters
Since Sept. 11, 2001, the Annual Silha Lectures hosted by the Silha Center for the Study of Media Ethics and Law have often discussed striking the proper balance among issues of government transparency, freedom of the press, the public’s right to know, and national security.

Below is the Table of Contents for the Summer 2015 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Summer 2015: Volume 20, No.3
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Cover Story: “Right to Be Forgotten” Continues to Develop in the Year Following European High Court Decision
More than a year after the Court of Justice of the European Union’s (CJEU) ruled that European citizens retain the right to have Internet search results deleted that link to “inaccurate, inadequate, irrelevant or excessive” information about themselves under the European Union’s Data Protection Directive, Case C-131/12, Google Spain SL, Google Inc. v. Agencia Española de Protección de Datos (AEPD), Mario Costeja González, ECLI:EU:C:2014:317 (May 13, 2014), available at http://curia.europa.eu/juris/liste.jsf?num=C-131/12, Google continues to grapple with EU member countries over how far the reach of the “right to be forgotten” should extend. 
        
Data Privacy: U.S. Supreme Court Accepts Review of Robins v. Spokeo, Inc.    
On April 27, 2015, the United State Supreme Court granted certiorari in Spokeo Inc. v. Robins, a case that could have broad implications for class action lawsuits targeting Internet companies under a number of consumer protection statutes.  

National Security: Two Years After Snowden Revelations, National Security Surveillance Issues Still Loom
The files that former National Security Agency (NSA) contractor Edward Snowden provided to Glenn Greenwald and Laura Poitras continued to provide more information in late 2014 and the first half of 2015 about the NSA’s surveillance activities.  
        
Data Privacy: Major Data Breaches for Government, Private Companies Create Problems in 2015
On June 4, 2015, the Office of Personnel Management (OPM), the independent government agency tasked with managing Federal civil service, announced that it had been a victim of a data breach impacting the personnel data for nearly 4.2 million current and former federal employees.  

Defamation: Minnesota Court of Appeals Declares Criminal Defamation Statute Unconstitutional
On May 26, 2015, the Minnesota Court of Appeals ruled that the state’s criminal defamation law was unconstitutionally overbroad.  

Online Speech: Supreme Court Throws Out Convictions for Violent Facebook Postings, Citing Intent
On June 1, 2015, the U.S. Supreme Court ruled than an individual’s intent must be considered when determining whether speech constitutes a “true threat.”  

FOIA: Obama Administration’s Handling of Freedom of Information Act Requests Under Fire
During the first half of 2015, several reports raised questions over President Barack Obama’s administration’s efforts to be transparent, despite the fact that the President had often called for greater government transparency.  

FOIA: D.C. Circuit Clarifies Key Fee Waiver Provisions of FOIA
On August 25, 2015, the U.S. Court of Appeals for the District of Columbia Circuit clarified who could be eligible for particular types of fee waivers under the Freedom of Information Act (FOIA).  

State Law Updates: Updates to State Laws Create Challenges, New Benefits for News Organizations
During the summer of 2015, several states made or attempted to make significant changes to laws that affect how reporters and news media organizations do their work.  

Endangered Journalists: Journalists Abroad Face Uncertain Legal Challenges; U.S. Television News Reporters Slain During Live Report
During the summer of 2015, journalists around the world, including the United States, faced threats of arrest, harsh prison sentences, and the loss of their lives.  

Data Privacy: Update: Tech Companies, Law Enforcement Continue to Battle Over Strong Encryption for Mobile Devices
Throughout the first half of 2015, the debate over data encryption for mobile phones continued among law enforcement officials, tech companies, and data privacy advocates.  

Defamation: Update: Rolling Stone Continues to Face Backlash for Campus Rape Story
During the summer of 2015, Rolling Stone magazine continued to manage the fallout created by the retraction of a November 2014 story detailing the alleged sexual assault on the University of Virginia (UVA) campus.  

Silha Center Events: 30th Annual Silha Lecture to Feature New York Times Investigative Reporter James Risen and Attorney Joel Kurtzberg
New York Times investigative reporter James Risen, winner of two Pulitzer Prizes, will present the 30th Annual Silha Lecture, “Clear and Present Danger: Covering National Security Issues in the Post 9/11 World” on Monday evening, Oct. 19, 2015.

Below is the Table of Contents for the Winter/Spring 2015 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Winter/Spring 2015: Volume 20, No. 2
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Cover Story: Charlie Hebdo Attack Leaves Several Dead, Sparks International Debate on Limits of Free Speech
On the morning of Jan. 7, 2015, brothers Said and Cherif Kouachi forced their way into the offices of the satirical French newspaper Charlie Hebdo in Paris, France.  

Cover Story: Silha Center Co-Sponsors Panel Discussion on Free Expression in Wake of Attacks
The debate over the limits of free expression made its way to the University of Minnesota during a panel discussion held on Jan. 29, 2015.

Media Ethics: News Organizations Backpedal after Failures to Fact Check, Anchor’s False Stories
During late 2014 and early 2015, several news organizations found themselves facing scandals surrounding the authenticity of their reporting. 

Data Privacy: Hack of Sony Pictures Raises Legal, Ethical Questions for Reporting on Stolen Information
On Nov. 24, 2014, Sony Pictures suffered a severe data breach. 

Reporter’s Privilege: Espionage Conviction Ends Lengthy Struggle to Compel Journalist’s Testimony
On Jan. 26, 2015, The New York Times reported that Jeffrey Sterling, a former Central Intelligence Agency (CIA) officer, was convicted of several counts of violating the Espionage Act, 18 U.S.C. §793 et seq. 

Reporter’s Privilege: Silha Events: 30th Annual Silha Lecture to Feature James Risen, Joel Kurtzberg
On Oct. 19, 2015, the Silha Center for the Study of Media Ethics and Law will host New York Times journalist James Risen and his attorney Joel Kurtzberg as the featured speakers during the 30th Annual Silha Lecture. 

Copyright: Jury Awards $7.3 Million in “Blurred Lines” Music Copyright Infringement Suit
On March 10, 2015, a federal jury in Los Angeles ruled that Robin Thicke’s 2013 hit song “Blurred Lines” had copied elements of Marvin Gaye’s 1977 song “Got to Give It Up,” without permission in Williams v. Bridgeport Music Inc., 2015 WL 1476803 (C.D. Cal.). 

Right of Publicity: Ninth Circuit Rules First Amendment Does Not Protect NFL Video Game from Right of Publicity Suit
On Jan. 6, 2015, the U.S. Circuit Court of Appeals for the Ninth Circuit ruled that former NFL players may sue video game developer Electronic Arts (EA) for violation of their right of publicity. 

International News: The Guardian Gains Major Victory in UK Freedom of Information Ruling in “Black Spider” Case
On March 26, 2015, the Supreme Court of the United Kingdom ruled that the British government must disclose the contents of several letters that Prince Charles sent to various department ministers during 2004 and 2005. 

Net Neutrality: New FCC Rules Spur Heated Debate about Net Neutrality Regulation
On Feb. 26, 2015, the Federal Communications Commission (FCC) voted in favor of new rules that re-classify Internet service providers (ISPs) as “common carriers” under Title II of the 1934 Communications Act, allowing the agency to create strong regulations for Internet traffic. 

Journalism Technology: FAA Releases New Proposed Regulations for Private Drone Use; Commercial Ban Remains in Place
On Feb. 15, 2015, the Federal Aviation Administration (FAA) released a framework for the regulation of small drones, also known as unmanned aerial systems (UAS). Continue reading.

Cybersecurity: Obama Calls for Data Security Reforms
In his Jan. 30, 2015 State of the Union address, President Barack Obama urged Congress to focus on several emerging problems in data protection and cybersecurity. Continue reading.

State Law Updates: States Continue to Grapple with Varying Issues Involving Communications Law
Media law often focuses on issues that federal courts and lawmakers must decide. Continue reading.

Below is the Table of Contents for the Fall 2014 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Fall 2014: Volume 20, No. 1
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Cover Story: Debates Continue Over Net Neutrality as FCC Nears Decision on an “Open Internet”
During the summer and fall of 2014, federal policy makers and regulators continued to debate the role of “net neutrality” in managing Internet communication. 

Journalism Technology: “Drone Journalism” Presents Possibilities But Faces Legal Obstacles
Some journalists looking for a new or cheaper way to gather information have begun to look to the skies.

Online Speech: Supreme Court Considers Whether Facebook Posts Can Constitute “True Threats”
On Dec. 1, 2014, the U.S. Supreme Court heard oral arguments in Elonis v. United States, which considered how courts should define what types of statements can constitute a “true threat.” 

Press Freedom: Attorney General Holder Leaves Problematic Legacy on Press Rights and Civil Liberty
On Sept. 25, 2014, The New York Times reported that President Barack Obama announced during a White House press conference that U.S. Attorney General Eric Holder had chosen to resign from his position. 

News Media Challenges: Problems Continue for News Coverage of Ferguson Shooting after Grand Jury Decision
On Nov. 24. 2014, St. Louis County Prosecuting Attorney Robert McCulloch announced that a grand jury had chosen not to indict police officer Darren Wilson for fatally shooting Michael Brown, an unarmed 18-year-old African American.

Law Enforcement Conflicts: Federal Investigators’ Deceptive Use of Media Raises Concerns
Recent Drug Enforcement Agency (DEA) and Federal Bureau of Investigation (FBI) actions have raised concerns regarding undercover operations on the Internet. 

Privacy: Dissemination of Hacked Online Photos Demonstrates Challenges of Digital Privacy
Two recent high profile cases of hackers stealing photos from online databases have highlighted the difficulty of maintaining privacy in an online environment.

National Security: Government Surveillance Critics Target Broad Authority of Executive Order 12333
On July 18, 2014, The Washington Post published an op-ed column by former State Department employee John Tye in which he contended that “Americans should be even more concerned” about United States government surveillance justified under Executive Order 12333 (EO 12333) than any other more widely discussed authorities. 

Defamation: Tenth Circuit Dismisses Claims That News Program Violated Insurance Broker’s Civil Rights, Allows Defamation Claims to Proceed
On July 9, 2014, the United States Court of Appeals for the Tenth Circuit held that a federal district court improperly dismissed an insurance broker’s defamation lawsuit against a news program making allegations that his training seminars taught predatory techniques for selling annuities to senior citizens. 

Privacy: Law Enforcement, Tech Companies Clash on Built-In Privacy Features
On Sept. 17, 2014, Apple announced that its newest mobile operating system would make it technically impossible to comply with law enforcement or intelligence agency warrants for password-protected user data. 

Silha Center Events: 29th Annual Silha Lecture Examines the Right to Access Government Information in the Wake of National Security and Privacy Concerns
First Amendment attorney David A. Schulz argued that “determining the proper level of government transparency is critical to how we proceed as a nation,” during the 29th annual Silha Lecture. 

Silha Center Events: Silha Center Co-Sponsors Forum on Ethics of “Pointergate” Broadcast
On Dec. 8, 2014, the Minnesota Pro Chapter of the Society of Professional Journalists (SPJ), in collaboration with the Twin Cities Chapters of the National Association of Black Journalist and the Asian American Journalists Association, the Minneapolis/St. Paul Business Journal, the Silha Center for the Study of Media Ethics and Law, and the Minnesota Journalism Center, hosted a forum on the ethics of a news story prepared by Twin Cities ABC-affiliate KSTP, which was dubbed “Pointergate” and received national criticism. 

Below is the Table of Contents for the Summer 2014 Silha Bulletin.  Click on the title to read the full article.

Bulletin Summer 2014: Volume 19, No. 3
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Cover Story: Fallout from NSA Surveillance Continues One Year After Snowden Revelations
In June 2013, Glenn Greenwald and The Guardian reported that the National Security Agency (NSA) had been conducting widespread surveillance on the communications of Americans and foreigners. 

International News: European Union High Court Holds That Citizens Have the “Right to be Forgotten” from Internet Searches
On May 13, 2014, the Court of Justice of the European Union (CJEU) held that European citizens retain the right to have online search results deleted that link to information about themselves.

Defamation: Jesse Ventura Awarded $1.8 Million for Libel and Unjust Enrichment
On July 29, 2014, after six days of deliberation, a federal jury awarded former Minnesota Gov. Jesse Ventura $1.845 million in his lawsuit against American Sniper author Chris Kyle’s estate.

Privacy: Supreme Court Says Warrants are Required to Search Cell Phone Data; Possible Implications for NSA Telephony Metadata Collection
On June 25, 2014, the U.S. Supreme Court held that law enforcement officers are required to obtain a warrant before searching an arrested individual’s cell phone data 

Freedom of Speech: Supreme Court Strikes State Law Creating Speech Buffer Zones Near Abortion Clinics
On June 26, 2014, the U.S. Supreme Court issued its opinion in McCullen v. Coakley, which held that a Massachusetts statute establishing protest buffer zones around abortion clinics violated the First Amendment’s guarantees of free speech. 

Copyright: Supreme Court Rules Aereo Inc.’s Television Streaming Service Violates Copyright Law
On June 25, 2014, the U.S. Supreme Court held that Aereo Inc.’s online services, which provided customers with broadcast television programming over the Internet, infringed on the exclusive right of television broadcasters to provide those broadcasts to the public under the Copyright Act of 1976. 

Media Ethics: Verdicts Arrive in Phone Hacking Trial that Exposed Questionable Practices of British Tabloid
On June 24, 2014, Rebekah Brooks, former editor of the now-defunct News of the World, was acquitted of all charges related to a British phone hacking scandal that prompted public inquiries, parliamentary hearings, and investigations as well as revealing many of the inner-workings of British tabloid newsrooms. 

Reporter’s Privilege: Update: U.S. Supreme Court Declines to Hear Reporter’s Privilege Cases
In the summer of 2014, the United States Supreme Court declined to hear two different cases raising issues about whether the First Amendment provides a reporter’s privilege which would allow journalists to refuse to disclose the names of confidential sources as well as other information when called to testify in court. 

Endangered Journalists: Journalists Arrested During Protests in Missouri; Journalists Abroad Face Dire Situations
During the summer of 2014, journalists around the world faced significant threats of arrest, jailing, and the loss of their lives. 

FOIA: Court Rules Final Volume of CIA’s “Bay of Pigs” Historical Record May Be Withheld
On May 20, 2014, the United States Court of Appeals for the District of Columbia Circuit ruled that a Freedom of Information Act (FOIA), 5 U.S.C. § 552, request by the National Security Archive (the Archive) seeking records concerning the Central Intelligence Agency (CIA) account of the April 17, 1961 “Bay of Pigs” invasion was protected by Exemption 5 (5 U.S.C. § 552 (b) (5)).

Gillmor Tribute: Near, Sullivan and the Management of Dissent in American Society
Editor’s note: On April 23, 2014, the School of Journalism and Mass Communication and Silha Center for the Study of Media Ethics and Law hosted “How Far From Near? 50 Years of New York Times v. Sullivan in Minnesota and Beyond: A Symposium Honoring the Legacy of Silha Professor Emeritus Donald M. Gillmor.”

Below is the Table of Contents for the Winter/Spring 2014 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Winter/Spring 2014: Volume 19, No. 2
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Cover Story: Fourth Circuit Rules Company Challenging Statements on a Government Website Cannot Litigate Anonymously or in Secret
On April 16, 2014, the U.S. Court of Appeals for the Fourth Circuit reversed a lower court’s decision to allow a company that was suing a government agency to keep a negative report about one of its products out of a public electronic database to litigate its case in secret.

Campaign Finance: Supreme Court Strikes Down Campaign Finance Limits on Total Contributions by Individuals
In a 5 to 4 decision, a majority of the U.S. Supreme Court ruled on April 2, 2014 that limits on the total amount an individual can contribute to all federal political candidates, parties and committees violated the First Amendment.

FCC: D.C. Circuit Strikes Down FCC “Net Neutrality” Rules
On Jan. 14, 2014, the U.S. Court of Appeals for the D. C. Circuit struck down provisions of a 2010 Federal Communications Commission order, commonly known as “net neutrality” rules.
    
FCC: Federal Communications Commission Cancels Study of Newsroom Operations After Outcry that the Study Would Invade Editorial Decision-Making
On Feb. 28, 2014, the Federal Communications Commission gave up its plan to go forward with a study of newsroom operations scheduled to begin this spring.

Defamation: U.S. Supreme Court Grants Statutory Immunity for Reports of Security Threats to TSA in First Libel Case Decided in 23 Years
The United States Supreme Court decided on Jan. 27, 2014 that an airline could not be denied statutory immunity from a defamation suit without a determination that statements made by an airline employee to Transportation Safety Administration (TSA) officials about one of its pilots were materially false.

Online Speech: Virginia Court Orders Yelp to Identify Authors of Allegedly Defamatory Reviews
On Jan. 7, 2014, the Virginia Court of Appeals ruled that Virginia law required social reviewing website Yelp.com to reveal the identities of anonymous online reviewers to a business claiming it was defamed by the reviews.

Online Speech: Bloggers Gain First Amendment Victories But Still Face Issues in Online Journalism
Bloggers achieved a significant victory when the United States Court of Appeals for the Ninth Circuit held on Jan. 17, 2014 that First Amendment protections in defamation lawsuits extend to bloggers.

Media Ethics: News Coverage of Transgender Individuals Raises Ethical Reporting Issues
Several recent incidents involving journalistic coverage of transgender people have presented questions about ways to ethically treat transgender subjects.

Media Ethics: Reporters Testing School Security Draw Attention to the Ethics of Investigative Tactics
School shootings, such as those that occurred at Columbine High School in Littleton, Colo. in 1999, Virginia Polytechnic Institute and State University (also known as “Virginia Tech”) in 2007 and Sandy Hook Elementary in Newtown, Conn. in 2012, have led some reporters to test school security practices.

Media Ethics: Native Advertising Creates Ethical Challenges for News Organizations in Digital Environment
In the increasingly digitized media environment, advertisers have begun using new advertising formats in an attempt to get messages in front of consumers.

Copyright: Copyright Decisions Demonstrate the Perils of Posting and Using Visual Content Online
Two recent decisions by federal courts emphasize the copyright complications that can arise when media entities post visual content online.

Surveillance: NSA Surveillance Practices Prompt Reforms and Legal Challenges Throughout All Government Branches
Since the first leaks by former NSA contractor Edward Snowden were reported in June 2013, all three branches of the U.S. government have faced ongoing questions regarding intelligence surveillance practices.

Silha Center Events: Spring Symposium Examines the Legacy of New York Times v. Sullivan, Honors Donald M. Gillmor
Leading defamation expert and Senior Judge for the United States Court of Appeals for the Second Circuit Robert D. Sack said that the entire modern understanding of American defamation law has been built upon the United States Supreme Court decision in New York Times v. Sullivan, 376 U.S. 254 (1964).

Below is the Table of Contents for the Fall 2013 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Fall 2013: Volume 19, No. 1
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Cover Story: Snowden Leaks Continue to Reveal NSA Surveillance Programs, Drive U.S. and International Protests and Reforms
Months after the June 2013 leaks by former U.S. National Security Agency (NSA) contractor Edward Snowden revealed NSA surveillance practices to the world, government responses to the leaks have spurred domestic and international efforts at reforming data security and have led to contentious international relations. 

Federal Shield Law: Senate Considers Federal Reporter’s Privilege Bill
On May 16, 2013, Senators Chuck Schumer (D-N.Y.) and Lindsay Graham (R-S.C.) introduced S.987, the Free Flow of Information Act of 2013 (FFIA). 

Reporter’s Privilege: Reporters Struggle to Claim Privilege to Avoid Testifying About Confidential Sources
Several reporters who received information from confidential sources have faced potential jail time and fines for refusing to testify about their sources in recent months. 

Online Speech: Courts Expand Protection for Online Speech, Define When Some Online Speech Is Private
Courts have granted protection to unique types of online speech under the First Amendment in recent months. 

California Legislation: California Legislators Address Data Protection and New Technology on Several Fronts
With a burst of legislation, the California legislature tackled several topics related to privacy in the fall of 2013. 

SPEECH Act: Fifth Circuit Denies Enforcement of Canadian Defamation Judgment in Mississippi Court, Cites SPEECH Act
On Sept. 5, 2013, a unanimous panel of the United States Court of Appeals for the Fifth Circuit upheld a district court ruling granting summary judgment to a Mississippi blogger who argued that a Canadian defamation judgment could not be enforced against him because it violated the 2010 Securing the Protection of our Enduring and Established Constitutional Heritage (“SPEECH”) Act, 28 U.S.C. § 4102.

Copyright: Copyright Decisions Emphasize the Broad Protections of the Fair Use Doctrine in Infringement Cases
Courts examining the fair use doctrine, a defense to copyright infringement, have expanded how much of the copyrighted works of others can be used in several high-profile cases in the second half of 2013. 

International News: China Intensifies Crackdown on Microblogging
On Sept. 9, 2013, the Chinese Supreme People’s Court and Supreme People’s Procuratorate announced a new interpretation of the country’s law against spreading rumors via social media. 

Cameras in the Courtroom: Minnesota Supreme Court Approves Use of Cameras in Civil Cases, Considers Expansion to Criminal Cases
On Dec. 3, 2013, the Minnesota Supreme Court issued an order amending Rule 4 of the Minnesota General Rules of Practice, permanently allowing video cameras in certain Minnesota courtroom proceedings. 

Ethics: Ethical Issues in Fall 2013 Include Questionable “60 Minutes” Source, Restrictive White House Photography Practices
During the fall of 2013, major issues in media ethics included a “60 Minutes” correspondent failing to properly vet a key source in a story about the September 2012 terrorist attack in Benghazi, and news organizations criticizing the Obama administration for not allowing professional photojournalists to cover the president at public events. 

Silha Center Events: Silha Lecture Links Pentagon Papers and Obama Administration’s Treatment of Leakers
Leading First Amendment lawyer James C. Goodale said that President Obama should take a lesson from the Pentagon Papers case and rethink his approach to conflicts between national security and the First Amendment. 

Below is the Table of Contents for the Summer 2013 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin: Summer 2013: Volume 18, No. 3
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Director's Note
This issue of the Silha Bulletin features several articles on data privacy prepared by research attorney Jason Steck, J.D. (University of Minnesota Law School, class of 2012) and Silha Center Research Assistant Alex Vlisides under the supervision of Silha Professor Jane Kirtley. These articles will also appear, in a slightly different form, in “Global Privacy and Advertising Developments,” a chapter in the three-volume course handbook for the Practising Law Institute’s Communications Law in the Digital Age 2013 conference. The PLI conference takes place Nov. 14-15, 2013 in New York City, where Professor Kirtley will be the principal speaker for the panel discussion on these and related topics.
The Silha Center is very grateful to Jason and Alex for sharing the product of their hard work and expertise with readers of this issue of the Silha Bulletin.

— Jane E. Kirtley,
Silha Professor and Silha Center Director

Cover Story: Snowden Leaks Reveal Extensive National Security Agency Monitoring of Telephone and Internet Communication
On June 5, 2013, the Guardian newspaper published the first in a series of articles disclosing massive data gathering efforts by the U.S. National Security Agency (ASA). 

Surveillance: Britain Seeks to Update “Snooper” Legislation
British Prime Minister David Cameron’s government is seeking to reintroduce the 2012 Regulation of Investigative Powers Act (RIPA), labeled the “Snooper’s Charter” by its opponents, in order to expand the ability of law enforcement to access individuals’ phone and email data. 

Leaks: Manning Sentenced to 35 Years in Prison for Leaks
While NSA leader Edward Snowden faces the possibility of espionage charges while in asylum in Russia, U.S. Army leaker Bradley Manning was convicted of espionage in military court at Fort Meade, Md. on July 30, 2013. 

Reporter’s Privilege: Department of Justice Revises Guidelines for Investigating Journalists
In a May 23, 2013 speech on national security, President Barack Obama directed Attorney General Eric Holder to “review Justice Department guidelines for investigations that involve journalists,” (28 C.FR. §50.10) according to a report by the Huffington Post from the same day. 

FOIA: D.C. Circuit Upholds FOIA Denial on Bin Laden Photos
On May 21, 2013, the U.S. Court of Appeals for the District of Columbia Circuit released a per curiam opinion that upheld the U.S. government’s power to deny Freedom of Information Act (FOIA) requests for the release of photographs taken of the burial at sea of Osama bin Laden. 

Libel Reform: England and Wales Reform Archaic Libel Laws
On April 25, 2013, the British Parliament passed the Defamation Act 2013, which the Secretary of State is expected to allow to go into force by the end of the year. 

Right of Publicity: College Athletes Mount Challenges Seeking Control of Likenesses
Ryan Hart played quarterback for the Rutgers University football team from 2002 to 2005, setting school records during his college career. 

Defamation: Defamation Round-up: Recent Decisions and Pending Cases Put Defamation in Spotlight, Have Potential to Reshape Media-Friendly Laws
High-profile defamation cases, involving prominent parties or having the potential to alter media-friendly defamation law, made headlines in the summer of 2013. 

Data Privacy: Bloomberg News Confronts User Privacy in Wake of Financial Terminal Data Scandal
On May 10, 2013, the New York Post revealed the Bloomberg News reporters had been accessing user data from Bloomberg LP’s financial data terminals. 

Media Policy: Busy FCC Reviews Indecency Policy, Rules on Mobile Data Privacy
The Federal Communications Commission (FCC) had a busy summer in 2013.  

Internet Filtering: British PM Calls for Nationwide Default Filters to Combat Internet Pornography
Opponents say sacrifices free speech and privacy, does not address root causes of sexual abuse.

Online Speech: Activists, U.S. Government Advocate Removal of User-Generated Content
In May 2013, interest groups and the U.S. State Department sought the removal of controversial user-generated content (UGC) from the Web in three separate incidents. 

Ethics: Gawker Media, Rolling Stone, and Oakland Fox Affiliate Spark Ethics Debates
Audiences witnessed three major controversies in journalism ethics over the summer of 2013.

Silha Center Events: James C. Goodale to Give 28th Annual Silha Lecture
James C. Goodale, vice chairman and general counsel of The New York Times during the Pentagon Papers litigation in 1971, will present the Silha Center’s 28th Annual Lecture, “The Lessons of the Pentagon Papers: Has Obama Learned Them?” on Oct. 16, 2013. 

Below is the Table of Contents for the Winter/Spring 2013 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin: Winter/Spring 2013: Volume 18, No. 2         
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Cover Story: Te’o, Armstrong, Pistorius, and Collins Stories Raise Ethical Questions in Sports Journalism
In early 2013, the world learned that Notre Dane linebacker Manti Te’o’s dead girlfriend had never existed, Lance Armstrong had used performance drugs (PEDs) during each of his seven Tour de France victories, and South African Olympic and Paralympic spring Oscar Pistorius – a hero for many disabilities – was charged with murdering his girlfriend. 

Breaking News: Justice Department Secretly Subpoenas Associated Press Phone Records
On May 10, 2013, the Department of Justice (DOJ) notified the Associated Press (AP) that telephone records listing incoming and outgoing numbers of individual AP reporters, the general AP office numbers in New York, Washington, D.C., and Hartford, Conn., and the main number for AP reporters in the House of Representatives press gallery, had been obtained from the AP’s telephone providers.  

Copyright: U. S. Supreme Court Upholds First Sale Doctrine for Works Made Abroad in Major Copyright Decision
The U.S. Supreme Court released its 6-3 decision in Kirtsaeng v. John Wiley & Sons, 132 S. Ct. 1905, 2012 WL 1252751, on March 19, 2013. 

FOIA: U.S. Supreme Court Unanimously Upholds Virginia Law Prohibiting Out-of-State Open Records Request
On April 29, 2013, the Supreme Court of the United States released its opinion in McBurney v. Young, No. 12-17, holding that Virginia may limit open records requests to its own citizens. 

FISA/Surveillance: U. S. Supreme Court Rejects Challenge to Federal Surveillance Law
Two other pending federal cases continue efforts to condemn similar government surveillance activities by asserting unconstitutionality.  

Leaks: Manning, Kiriakou Face Punishment for Blowing the Whistle on the War on Terror
In January 2013, former CIA agent John Kiriakou was sentenced in the U.S. District Court for the Eastern District of Virginia to 30 months in prison for violating the Intelligence Identities Protection Act by revealing the name of a fellow CIA agent to a journalist.  

Data Privacy: Media Organizations’ Use of Public Data Draws Privacy Concerns from Courts, Legislatures
Technology and privacy concerns have collided in recent incidents involving media organizations’ decisions to publish public data about individual.  

Online Defamation: Recent Cases Put Online Defamation in the Spotlight
Several recent decisions from state and federal courts have once again brought online libel litigation to center stage, as courts continue to address classic defamation questions such as whether defamatory statements of opinion are actionable, whether outrageous attacks on a private individual are protected as satire, and whether a distinction should be made between media and non-media defendants in the context of online speech. 

Mobile Privacy: FTC, State Attorneys General Set Their Sights on Consumer Privacy in the Mobile Industry
Regulators, including the Federal Trade Commission and the state attorneys general for California and Maryland, have targeted the mobile phone industry’s privacy practices in recent months. 

Silha Center Events: Silha Spring Ethics Forum Discusses Issues Facing Sports Journalists
At the 2013 Silha Spring Ethics Forum, five local sports journalists discussed key ethical issues they face within their profession, including the ever-blurring line between beat and opinion reporting and sports reporters’ use of social media.  

Silha Center Events: Evidence and Privacy in a Digital World: Silha Spring Forum
When Google’s users log onto their Gmail accounts, some believe their communications are “private.” 

Silha Center News: Donald M. Gillmor, Founding Director of the Silha Center and First Silha Professor, Dies at 86
Professor Emeritus Donald M. Gillmor, founding director of the Silha Center for the Study of Media Ethics and Law and its first Silha Professor, died on February 14, 2013.  

Tributes for Donald M. Gillmor from Colleagues, Former Students
Tributes have come to the Silha Center and the School of Journalism and Mass Communication (SJMC) from colleagues and former students of Donald M. Gillmor, and have been posted on the Silha Center’s website at http://www.silha.umn.edu/about/SilhaPastDirectors.html

Below is the Table of Contents for the Fall 2012 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin: Fall 2012: Volume 18, No. 1
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Cover Story: Leveson Inquiry Report Calls for New System of Press Regulation in United Kingdom
On Nov. 29, 2012, Lord Justice Brian Leveson released his 1,987-page report of findings and recommendations stemming from his 17-month inquiry into the culture, practices, and ethics of the United Kingdom press. 

FOIA: U.S. Supreme Court to Hear Challenge to Citizens-Only Limitations on Virginia Open Records Requests
In October 2012, the Supreme Court of the United States agreed to hear a challenge to a Virginia law limiting open records requests to state citizens in McBurney v. Young. 

Copyright: Copyright Cases Around the Country Address Illegal Downloading, the Sale of Foreign-Made Works in the U.S., and the Aggregation of Online Listings
New technology continues to test copyright law in courts across the United States. 

Campaign Finance: State Limits on Campaign Contributions Remain in Effect for 2012 Election Season; Voters Call for Amendment to Overturn Citizens United
Despite the Supreme Court of the United States’ 2010 ruling in Citizens United v. FEC, 558 U.S. 310 (2010), holding that it is a violation of the First Amendment to suppress corporate campaign spending, several state limits on campaign finances have been upheld by federal appellate courts, and the Supreme Court has declined to weigh in. 

FERPA:  Courts Struggle to Balance Privacy and Transparency Interests in Recent FERPA Case
Recent court decisions highlight the tension between open records laws and the Family Educational Rights and Privacy Act (FERPA). 

Defamation: Minnesota Courts Address Defamation Claims Stemming from Blog Posts and Online Reviews
Novel questions about the First Amendment and the law of defamation related to speech individuals post online have come before Minnesota courts in recent months. 

FCC: New FCC Rule on Disclosure of Political Advertising Follows 2012 Election Spending
A new rule from the Federal Communications Commission changed the requirements for how broadcasters must disclose political ads purchased at their stations during the 2012 election cycle. 

Privacy: Social Media Policies Threaten Employee Privacy
Although Federal legislation aimed at regulating the relationship between employers, employees, and social media failed in March 2012, the push for rules protecting employee privacy continues. 

Media Ethics: Published Photos of Arguably Private Moments Raise Questions About Whether Media Acted Ethically
A recent string of moments captured by photographers has renewed familiar questions about the ethical decision-making process behind the press’s decision to publish intimate, sometimes graphic photographs. 

Silha Center Events: Silha Lecture Features Experts on the Ethics and Craft of Writing Restaurant Reviews
An outing to an upscale New York seafood restaurant awakened Lynne Rossetto Kasper, moderator of the 27th annual Silha Lecture, author and host of American Public Media’s “The Splendid Table,” to changes in the world of restaurant reviews. 

Below is the Table of Contents for the Summer 2012 edition of the Silha Bulletin. Click on the title to read the full article.

Volume 17, No. 3
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Cover Story: Supreme Court Strikes Down Stolen Valor Act
In a June 28, 2012 ruling that struck down a federal law known as the “Stolen Valor Act,” U.S. Supreme Court Justice Anthony Kennedy wrote that “the remedy for speech that is false is speech that is true,” not government suppression, even when the speech “can disparage, or attempt to steal, honor that belongs to those who fought for this nation in battle.” 

Director’s Note: Scandals, Inquiries and Reform Might Leave U.K. Press Freedom Worse for the Wear
July 24, 2012 was a watershed day for journalists in the United Kingdom. 

Journalist’s Privilege: Federal Court Rulings Differ on Branzburg Interpretation, Reporter’s Privilege
The question of whether journalists or other information gatherers may refuse to reveal confidential sources of information remains a controversial and unsettled legal issue. 

Government Leaks: Leaks: New Policies Emerge; Congress Gets Involved
Although the Obama administration did not add to the list of six prosecutions it is pursuing against leakers of government secrets in the summer of 2012, the White House continued to defend the unprecedented crackdown amid claims that some leaks have been politically motivated. 

Government Leaks: Sidebar: WikiLeaks Founder Assange Seeks Asylum in Ecuador
WikiLeaks Founder Julian Assange entered the Ecuadorian Embassy in London on June 19, 2012 to request asylum, refusing to leave until his request was processed. 

Government Surveillance: First Amendment Challenges to Government Surveillance and Detention Programs Will Proceed
Two federal court rulings in May 2012 allowed journalists and First Amendment advocates to proceed with challenges to U.S. government surveillance and detention policies used in the fight against terrorism. 

Freedom of Speech: Courts, Federal Government Clarify First Amendment Protection for Recording in Public
Although federal courts and the U.S. Department of Justice have clarified the basic principle that the First Amendment protects the making of audiovisual recordings in public places, cases challenging police conduct toward camera-carrying citizens and journalists are proceeding in Maryland and New York and law enforcement officials continue to face criticism for arrests and harassment. 

FCC: Supreme Court Fleeting Expletives Ruling Leaves Constitutional Questions Unanswered
In a narrow holding addressing three instances of “fleeting” expletives or nudity broadcast on television, the U.S. Supreme Court ruled June 21, 2012 that the Federal Communications Commission (FCC) failed to give “fair notice” to Fox or ABC television in finding the networks had violated the commission’s indecency standards. 

Student Free Speech: Minnesota Supreme Court Sides with University on Punishment for Facebook Posts
The Minnesota Supreme Court held on June 20, 2012 that the University of Minnesota did not violate a student’s First Amendment rights when it punished her for Facebook posts about her mortuary science lab. 

Student Free Speech: More States Pass Anti-Bullying Legislation
Bullying in American schools remains a concern for legislators across the country. 

Media Ethics: Update: Charges Filed in British Phone Hacking Case
On July 24, 2012, the British Crown Prosecution Service announced that it would file criminal charges against eight people in connection with the “phone hacking” scandal rocking the British media. 

International: Mexico Amends Constitution to Protect Journalists and Free Expression Amid Violence
On June 6, 2012, Mexican lawmakers approved an amendment to the nation’s constitution that made attacks on journalists a federal crime in an effort to protect reporters covering the violent struggle with drug cartels and drug-related crime. 

Silha Center Events: Silha Lecture to Feature Famous Food Critics and Mystery Guest
On October 25, 2012, four food critics will discuss the ethical challenges of food and restaurant criticism at the 27th Annual Silha Lecture: “A Question of Taste: The Ethics and Craft of Restaurant Reviewing.” 

Volume 17, Number 2             
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Below is the Table of Contents for the Winter/Spring 2012 edition of the Silha Bulletin. Click on the title to read the full article. 

  
Cover Story: Legislators Seek Increased Consumer Privacy Protections; FCC and FTC Investigations of Online Companies Continue
The proliferation of companies engaged in the buying and selling of user information gave rise to calls in 2011 for increased regulation of what are often characterized as deceptive practices. 

Student Free Speech: Courts Continue to Grapple with Online Student Speech Cases; Supreme Court Chose Not to Weigh In
The University of Minnesota defended its right to punish students for online, off-campus speech before the Minnesota Supreme Court on April 2, 2012, in a case in which a student was disciplined for posting allegedly disrespectful and threatening comments on Facebook. 

Government Leaks: The Obama Administration Takes on Government Leakers; Transparency May be a Casualty
Several recent court rulings provide a lesson in contrasts concerning protection accorded to allegedly defamatory online speech. 

Defamation: Defamation Lawsuits Pose Threat to Journalists as Online Communication Complicates First Amendment Analysis
Several recent court rulings provide a lesson in contrasts concerning protection accorded to allegedly defamatory online speech.  

Copyright: Update: Copyright Firm Righthaven Suffers Debilitating Defeats in Federal Courts
Continuing a trend established through 2011, copyright holding firm Righthaven suffered several debilitating defeats in early 2012. 

International Press Freedom: British Media Law Developments Positive for Press
Recent decisions in British courts, proposed British governmental policy changes, and judgments issued by the Grand Chamber of the European Court of Human Rights (ECHR) will provide the press with greater access to the courts and allow for fuller coverage of celebrities’ private lives. 

Freedom of Information: Federal Appeals Courts Hold Mug Shots Can Be Withheld Under FOIA Exemption
On Feb. 22, 2012, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit held unanimously that federal mug shots can be withheld from the public under an exemption to the federal Freedom of Information Act (FOIA).  

Supreme Court News: U.S. Supreme Court Extends Copyright Protection to Millions of Foreign Works
In the face of challenges brought by groups as diverse as community orchestras, publishers, and educators, the Supreme Court of the United States held on Jan. 18, 2012 that Congress was within its power to grant retroactive copyright protection to writings, films, and musical compositions produced by foreign authors.  

  
Supreme Court News: Warrantless GPS Tracking Violates Fourth Amendment; White House Defends Warrantless Surveillance
On Jan. 23, 2012, the Supreme Court of the United States unanimously overturned the drug conviction of a Washington, D.C. nightclub owner because the government violated the Fourth Amendment when it placed a GPS tracker on his car to monitor his movements for 28 days. 

Media Ethics: Pentagon Says No Misconduct in Bush Era TV Military Analyst Briefing Program
A Pentagon briefing program established by President George W. Bush’s administration designed to encourage TV and radio military analysts to put a positive spin on news coverage of the Iraq war was found to be in compliance with U.S Defense Department directives and regulations despite ethical concerns involving conflicts of interest.      

Copyright: Internet Outrage Tables Online Piracy Legislation; SOPA/PIPA Supplanted by New Proposals
What was characterized as a grassroots online protest in January prompted Congress to postpone indefinitely the consideration of two bills intended to target online piracy that critics contended would damage free speech on the Internet. 

Media Ethics: Single-Source Stories Lead to Problems for Media
Two incidents in March 2012 reaffirmed the risks that journalists and editors face when a story is published based on one source without sufficient fact checking.  

            
Media Ethics: Media Gaffes Prove Costly for News Organizations
Three lapses in editorial judgment proved costly in spring 2012, forcing media entities to engage in damage control.  

   
International Press Freedom: International Journalists Face Censorship in Confronting Governments
Throughout 2011 and into 2012, international journalists under authoritarian rule faced difficulty critiquing their governments’ domestic policies.      
International Press Freedom: Journalists Endangered Covering Syrian Protests as Government Turns to Arrests and Violence
As journalists attempt to cover Syria’s popular uprising, they face opposition from a government that has responded violently to the political dissent.      

           
Silha Center Events: Silha Forum Explores Whether Constitutional Rights Extend to Virtual Worlds
Many people view virtual realities – games where users create computer-simulated environments that can mimic the real world – as imaginary worlds that may differ dramatically from an individual’s real life.    

Silha Center Events: Silha Spring Ethics Forum Focuses on Cameras in the Courtroom, Status of Minnesota Pilot Project
The U.S. Supreme Court has ruled that the press and the public have a First Amendment right of access to criminal trials, and that cameras do not violate the Sixth Amendment right to a fair trial. 

Below is the Table of Contents for the Fall 2011 edition of the Silha Bulletin.  Click on the title to read the full article.

Fall 2011: Volume 17, No. 1                         
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Cover Story: Battles to Gain Camera/Audio Access to State and Federal Courtrooms Continue
For years, First Amendment advocates have fought for camera and audio recorder access to judicial proceedings. 

Freedom of Speech: Occupy Wall Street Produces Legal and Ethical Issues for Journalists
On Sept. 17, 2011 Occupy Wall Street (OWS), an ongoing series of demonstrations, was born after the Canadian activist group Adbusters organized a protest in Zuccotti Park in New York City's Wall Street financial district.

Broadcast Regulation: FCC Defends Regulatory Regimes in Court; U.K. Explores Cross-Ownership Regulations
Two separate cases moving through federal courts this year have left the Federal Communications Commission (FCC) trying to defend how it regulates swear words that are broadcast on television and radio and how it regulates the ownership of multiple media companies in the same community. 

Copyright: News Media Copyright Firm "Righthaven" Suffers Critical Legal Setbacks 
Following its creation in January 2010, controversial copyright holding firm Righthaven LLC, launched a campaign of lawsuits challenging what it characterized as unauthorized republication of its clients' copyrighted news stories.

Privacy: Amid Skepticism, Uncertainty, Culture Clash, EU Eyes Online "Right to be Forgotten"
Throughout 2011, a controversial proposal to protect privacy online sparked debate accentuating fundamental differences in European and American attitudes.       

Privacy: Cops and Citizens Clash over Recordings of Law Enforcement Activity
A rash of recent clashes between police and citizens who are recording police activity in public has raised the eyebrows of civil liberties advocates who argue that there is a First Amendment right to record activity in public places, especially when it implicates important issues of public concern such as police conduct.

Press Freedom: Dangers Faced by Journalists Extend to Social Media Users
Recent high-profile incidents of violence against journalists have highlighted the dangers faced by anyone using social media to report on international events.   

Freedom of Speech: In Snyder's Wake, Protests Continue to Test Boundaries of Protected Expression, Spark Regulatory Efforts
Following the Supreme Court's March 2011 ruling protecting funeral protestors' picketing rights in Snyder v. Phelps, legislators continue to advocate for the regulation of this controversial form of expression.

Student Free Speech: Social Media Laws Aim to Curb Bullying and Abuse of Children Online
The bullying and abuse of children through social media services remain a concern among legislators. 

Silha Center Events: Silha Lecture Highlights Free Speech in the Digital Age
British media lawyer Mark Stephens said a healthy debate about freedom of expression and the First Amendment eventually led notorious WikiLeaks founder Julian Assange to seek him out as his attorney. 

Sidebar: America's Phone Hacking Scandal
A July 28, 2011 story in The New Yorker describes the 1998 "Chiquita Banana scandal," which Stephens  said discouraged American journalists from the practice of phone hacking more than a decade before its widespread use across the Atlantic was revealed.  

Media Ethics: Attribution Controversies Prompt Reexamination of What Constitutes Journalistic Plagiarism
Arlington, Va.-based political journalism website Politico found itself at the center of an ethics scandal in October 2011 when it was revealed that Kendra Marr, a Politico reporter for two years, plagiarized portions of at least seven news stories throughout 2011. 

Media Ethics: Satire Gone Too Far?: The Onion Causes a Stir
American satirical newspaper The Onion sparked a mini-crisis in Washington on Sept. 29, 2011 when it posted on its Twitter page that members of Congress had taken visiting schoolchildren hostage, promoting a similar story on its website and in its print edition. 

Below is the Table of Contents for the Summer 2011 edition of the Silha Bulletin.  Click on the title to read the full article.

Summer 2011, Volume 16, Number 3
Download full text (PDF)

Cover Story: Not Just a 'Rogue Reporter': 'Phone Hacking' Scandal Spreads Far and Wide
A massive ethical and legal scandal enveloped the Rupert Murdoch-owned British tabloid News of the World in the summer of 2011, leading to its sudden closure. 

Director’s Note: Security and Privacy in 'The Year of the Hack'
The year 2011 may be remembered as "the year of the hack." On the heels of WikiLeaks' extensive disclosures of classified government records in 2010, dozens of businesses ranging from Sony to Citigroup to Google reported cyber attacks that compromised their operations as well as sensitive consumer data. 

Government Leaks: Judges Rebuke Government on Leak Prosecutions
In the Obama administration's ongoing efforts to track down and prosecute leakers of classified information, one federal judge quashed a subpoena to a New York Times reporter for his sources while another rebuked the government's prosecution of a former National Security Administration (NSA) official as the case fell apart. 

Silha Center Events: Silha Lecture Features Mark Stephens, International Free Expression Advocate
On Oct. 4, 2011, international media lawyer and free expression advocate Mark Stephens will present the Silha Center's 26th Annual Lecture, "Free Speech and the Digital Challenge Around the Globe: A Conversation With Mark Stephens." 

Supreme Court News: U.S. Supreme Court Strikes Down Ban on Violent Video Game Sales to Minors
On June 27, 2011, the Supreme Court of the United States struck down a California law that prohibited the sale or rental of violent video games to minors, declaring video games to be protected speech under the First Amendment and finding the law itself incapable of satisfying the "strict scrutiny" required to restrict protected speech. 

Supreme Court News: U.S. Supreme Court Invalidates Vermont Prescription Confidentiality Law
On June 23, 2011 the U.S. Supreme Court struck down a Vermont law restricting the sale, disclosure, or use of pharmacy records that reveal the prescribing practices of physicians, ruling that it violated the First Amendment by imposing content and speaker-based burdens on protected expression.

Journalist’s Privilege: State Shield Laws: New Jersey Denies Blogger's Claim; Other States Expand and Extend Privilege
In spring 2011, West Virginia passed the 40th shield law in the United States granting reporters a privilege to withhold the identity of confidential sources, Hawaii extended the shield law it passed in 2008, and Arkansas legislators voted to amend its existing law to include television and Internet reporters. 

Access: States Consider Banning Undercover Recording at Agricultural Operations
During their 2011 sessions, state legislatures in Iowa, Minnesota, and Florida considered bills that would criminalize recording undercover videos of agricultural operations, drawing First Amendment concerns from animal rights activist groups and media who argued the bills could outlaw journalistic investigations that expose unsafe and unsanitary farming conditions.

International Press Freedom: Social Media Challenge British Privacy Injunctions
Social media like Twitter are making the enforcement of British privacy injunctions nearly impossible, forcing judges and lawmakers to grapple with how to apply old rules to a new era of media. 

Endangered Journalists: Journalist Murders: Bailey Killers Convicted; More Charges in Politkovskaya Case
The cases of two prominent journalists murdered in 2006 and 2007 continued to move forward in the summer of 2011. 

Freedom of Information: School Privacy Law Changes Could Challenge Media
In April 2011, the United States Department of Education announced proposed revisions to the Family Educational Rights and Privacy Act (FERPA), which governs the confidentiality of students' education records. 

Student Free Speech: Student Speech: Off-Campus, Online, and in Trouble
Among several federal appeals court rulings on student speech in the spring and summer of 2011 were five involving high school students punished for off-campus, online speech. 

Criminal Libel: Update: Colorado Prosecutor Violated Student Editor's Rights with Criminal Libel Search Warrant
A deputy district attorney violated Thomas Mink's Fourth Amendment right to be free of unreasonable search and seizure when she authorized Greeley, Colo. police to search his house and seize his computer pursuant to a criminal libel complaint, according to a federal district court ruling on June 3, 2011. 

Freedom of Speech: Ninth Circuit Overturns Conviction for Threat against Obama
On July 19, 2011, the 9th Circuit U.S. Court of Appeals reversed the conviction of a man charged with making online threats against the life of a major presidential candidate, finding that the First Amendment protected his racist, violence tinged rants about then-candidate Barack Obama. 

Freedom of Speech: Legal and Ethical Issues Arise when bin Laden Dies
The death of al-Qaida leader Osama bin Laden on May 2, 2011 quickly raised issues of access to information and ethics for media organizations seeking to report the story fully and independently. 

Below is the Table of Contents for the Winter/Spring 2011 edition of the Silha Bulletin.  Click on the title to read the full article.

Winter/Spring 2011, Volume 16, Number 2
Download full text (pdf)

Cover Story: Open Government Advocates Criticize Obama’s Prosecution of Leakers
The federal government’s prosecutions of leakers of government information have stirred advocates of free speech and open government to criticize the Obama administration for promising transparency while chilling freedom of speech.

Director’s Note: Outrageous Speech, ‘Trash Torts’ and the First Amendment
March 2011 was an interesting month for freedom of expression.  

Freedom of Information: Supreme Court Addresses FOIA Exemptions; Utah Legislators Pass, Repeal Law Limiting Openness
In March 2011, two U.S. Supreme Court rulings reaffirmed the presumptive disclosure of public information embodied in the federal Freedom of Information Act (FOIA) in cases that focused on the proper judicial interpretation of the terms “personal” and “personnel” in the statute’s exemptions. 

Freedom of Speech: Supreme Court Ruling Protects Funeral Picketers
Quoting from many of the U.S. Supreme Court’s most important decisions protecting freedom of speech, Chief Justice John Roberts wrote in a March 2, 2011 ruling that the First Amendment protects the “hurtful” picketing of military funerals by the Westboro (Kan.) Baptist Church. 

Media Ethics: Prank Phone Call, Hidden Camera Spur Ethical Controversies for News Media
Deceptive journalistic practices punctuated two political controversies in early 2011, embarrassing powerful public figures and drawing additional media coverage and condemnation from journalists and commentators.

Access: Courts, Police Beginning to Address Issues Raised by Citizens with Cameras
Technology  has allowed more citizens to record government officials—especially police—doing their jobs in public places. 

Journalist’s Privilege: Second Circuit Rationale for Denying Privilege to Filmmaker: Failure to Maintain Independence
On Jan. 13, 2011, a panel of the 2nd Circuit U.S. Court of Appeals issued its rationale for a July 2010 ruling in which it limited but upheld a subpoena for raw footage from a documentary about a lawsuit between Chevron Corp. and a group of Ecuadorian citizens. 

International Press Freedom: Journalists Face Challenges in Covering Revolution in North Africa, Middle East
As popular uprisings unfolded across North Africa and the Middle East in early 2011, journalists on the ground faced many challenges in covering the story. 

Access: Minnesota Senate Expands Floor Access; State Supreme Court Approves Cameras
In Spring 2011, both the Minnesota Senate and the state judicial branch changed policies regarding media access. 

Media Ethics: Minnesota News Council Closes after 41 Years
On Jan. 27, 2011, the Minnesota News Council (MNC) announced that it was shutting down after 41 years of adjudicating complaints about media coverage in Minnesota. 

Silha Center Events: Silha Spring Events Highlight Paradoxical Heroes of Press Freedom
The spring 2011 events hosted by the Silha Center for the Study of Media Ethics and Law highlighted two important and contrasting figures in the American history of freedom of the press: Jack Anderson, a controversial muckraking journalist, and William Brennan, the Supreme Court justice widely considered to be one of the First Amendment’s greatest champions. 

Below is the Table of Contents for the Fall 2010 edition of the Silha Bulletin.  Click on the title to read the full article.

Fall 2010, Volume 16, Number 1
Download full text (pdf)

Cover Story: U.S. Supreme Court Weighs California's Ban on Violent Video Game Sales
On October 18, 2010, Paul Smith, a veteran of more than a dozen Supreme Court oral arguments, spoke to an overflow crowd at the University of Minnesota’s Cowles Auditorium for the 25th Annual Silha Lecture about another case he was about to argue before the Court.         
        
Director's Note: The WikiLeaks Quandary, and a Welcome            
As the Bulletin goes to press, Julian Assange, the founder and editor-in-chief of WikiLeaks, is in custody in the United Kingdom.     
    
Media and Politics: 2010 Midterm Election Ads Spark Lawsuits; Journalists' Contributions Raise Ethical Questions       The midterm elections of 2010 saw a variety of issues involving media ethics and law: lawsuits and threatened lawsuits over campaign ads, a reporter detained by private security guards, and a revived discussion about whether reporters and other news commentators should make political contributions.     

Public Records: Courts, Officials Answer Questions Raised by Digital Communication and Public Records
E-mail 'metadata' is public in Washington; recordkeeping rules apply to social media for federal agencies. 
                                                  
Freedom of Information: Congress Revokes New FOIA Exemption for Securities and Exchange Commission        
On Oct. 4, 2010, President Barack Obama signed House Resolution 5924, the SEC Freedom of Information Restoration Act, into law.                              

Cameras in Courtrooms: Federal and State Courts Consider Proposals to Permit Cameras in Trial Proceedings    
Judges from the U.S. Supreme Court to Minnesota remain divided over issue of access. 
                             
Access: The Media and the Military: Guantanamo Access Rules Loosened; Other Guidelines Set to Limit Leaks        
Meanwhile, the Pentagon and the C.I.A. sue authors over books.                              

Access: Access Limited after California Pipeline Explosion        
Police keep reporters out; utility company cites security concerns in withholding records. 

Copyright: Law Firm’s Approach to Protecting News Media Copyrights Raises Eyebrows
Righthaven pursues bloggers and other Internet users who republish content. 
             
Copyright: Updates: Punishments for Music Copyright Infringers        
Thomas-Rasset faces million-dollar damages; judge shuts down LimeWire.    
    
International Press Freedom: Journalism Suffers Amid Drug Wars in Mexico
Journalists are skeptical about government solutions. 

International Press Freedom: International Courts Favor Newsgathering Rights
Rulings in two foreign courts — the Grand Chamber of the European Court of Human Rights (ECHR) and the Canadian Supreme Court — favored journalists' rights to protect confidential sources in fall 2010. 
            
Media Ethics: Journalists Question Implications of Covering Quran Burning and NYC Muslim Community Center
Media sought ways to report on controversy without perpetuating it. 

Below is the Table of Contents for the Summer 2010 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Summer 2010: Volume 15, Number 3
Download full text (pdf)

Cover Story: WikiLeaks’ Document Dump Sparks Debate 
The website WikiLeaks published tens of thousands of classified U.S. military documents on the Internet on July 25, 2010, igniting a debate about leaks, law, ethics, journalism, and national security on the digital frontier.  

Supreme Court News: Kagan Confirmed; Provides Few Hints on Media Law Views 
The summer of 2010 once again included the nomination and confirmation of a new U.S. Supreme Court justice.  

Supreme Court News: Court Declines to Set Privacy Standard on Electronic Devices
On June 17, 2010, the Supreme Court handed down Ontario v. Quon, in which it unanimously declined to articulate a clear rule governing Fourth Amendment expectations of privacy in work-issued electronic communication devices, instead narrowly holding that a particular employee’s rights were not violated.  

Supreme Court News: In Holder, Court Upholds Ban on Speech Supporting Terrorism 
On June 21, 2010, the Supreme Court ruled 6 to 3 that the federal government may constitutionally block speech and other forms of advocacy supporting foreign groups that have been labeled terrorist, even if the support is directed toward the groups’ humanitarian or peaceful activities. 

FOIA and Access: BP, Government Accused of Restricting Media Access to Spill
As efforts continued in the Gulf of Mexico to stanch the worst oil spill in U.S. history, news organizations accused British Petroleum (BP) of denying access to news agencies attempting to document the disaster. 

FOIA and Access: Limits Persist on Access to Guantanamo Proceedings, Records
The expulsion of four reporters from the U.S. military detention center at Guantanamo Bay, Cuba, along with two court rulings related to detainees and the hearings being conducted there — all of which occurred in the summer of 2010 — highlighted the strained relationship between the Pentagon and U.S. media over coverage of the controversial base. 

FOIA and Access: Transparency Advocates Protest SEC’s New FOIA Exemption 
A provision in the financial regulatory reform act drew criticism over the charge that it unnecessarily exempts Securities and Exchange Commission (SEC) information and records from federal Freedom of Information Act (FOIA) requests. 

International: Canadian Justices Say No to Privilege, Yes to Publication Ban 
The Supreme Court of Canada handed down two rulings in May and June of 2010 that could have a significant impact on newsgathering there.

Subpoenas and Reporter Privilege: Appeals Court Narrows, Upholds Subpoena for Film Outtakes
On July 16, 2010, a federal appeals court limited a subpoena for 600 hours of raw footage from a documentary about an international lawsuit between Chevron Corp. and Ecuadorian citizens who allege the oil company is responsible for environmental contamination. 

Libel: Federal ‘Libel Tourism’ Law to Nullify Anti-Free Speech Rulings
On August 10, 2010, President Barack Obama signed the Securing the Protection of our Enduring and Established Constitutional Heritage (SPEECH) Act, meant to protect U.S. writers and speakers against “libel tourism,” a practice whereby libel plaintiffs sue Americans — and often win large damages — in countries with weaker speech protection laws than those of the United States. 

Digital Media: Online Anonymity Continues to Challenge Courts, Plaintiffs 
In spring and summer of 2010, courts around the country issued rulings on whether websites must reveal the identities of anonymous commenters in response to subpoenas, adding to the growing jurisprudence on an evolving legal problem. 

Copyright: News Media Seek Legal Tools to Protect Original Content  
Legal battles continue between traditional news producers and online sources like blogs and so-called news aggregators, which take original content and republish it without payment or attribution to the original source. 

Copyright: Federal Judge Reads DMCA to Favor Google, Service Providers 
In a decision that could have sweeping implications for copyright law, a federal judge in New York ruled on June 23, 2010 in favor of Google, which owns YouTube, dismissing a $1 billion lawsuit in which the film and television company Viacom alleged widespread copyright infringement by the popular video-sharing website.  

Free Speech: Turner Convicted for Online Threat against Federal Judges 
Two bloggers whose inflammatory posts landed them in legal trouble have found little relief from federal prosecutors or courts.  

Student Media: Update: Settlement Reached in Student Paper Search and Seizure 
On May 31, 2010, the Commonwealth of Virginia and James Madison University’s (JMU) student newspaper reached a settlement in a six-week dispute over access to hundreds of photos of a campus riot in April. 

Media Ethics: A Reporter, a General, and the Ethics of Covering the War 
In the wake of a controversial article in Rolling Stone that led to the dismissal of Gen. Stanley McChrystal, a debate emerged within the journalistic community about the unofficial rules that bind beat reporters, and the potential chilling effect the scandal may have on media coverage of the military. 

Media Ethics: GLBT Magazine Walks Perilous Ethical Line by ‘Outing’ Pastor Twin Cities 
A Twin Cities magazine’s “outing” of a controversial anti-gay rights pastor in June 2010 focused national attention on the issue of whether, when, and how the news media should report on hypocrisy among outspoken critics of gay rights. 

Media Ethics: Robinson Joins Campaign; Critics Claim Conflict of Interest
After 20 years at Fox affiliate KMSP (Fox 9), Twin Cities news anchor Robyne Robinson announced her retirement from broadcast journalism on May 11, 2010, shortly before being named gubernatorial candidate Matt Entenza’s running mate for lieutenant governor on May 27.  

Silha Events: Silha Lecturer Paul Smith to Discuss Efforts to Ban Violent Video Games 
In Schwarzenegger v. Entertainment Merchants Association, the U.S. Supreme Court will address whether the First Amendment bars the state of California from restricting the sale of violent video games to minors. 

Below is the Table of Contents for the Winter/Spring 2010 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Winter/Spring 2010
Volume 15, Number 2
Download full text (pdf)

Cover Story: Supreme Court Strikes Down Law Banning Depictions of Animal Cruelty, Citing ‘Alarming Breadth’ of Statute 
On April 20, 2010, the Supreme Court of the United States struck down a federal law imposing criminal penalties on anyone who knowingly “creates, sells, or possesses a depiction of animal cruelty . . . for commercial gain,” saying it was overly broad and violated the First Amendment right to free speech.

Supreme Court News: Supreme Court Blocks Attempt to Broadcast California Trail
The Supreme Court of the United States issues an opinion on Jan. 13, 2020, that blocked the broadcast of a high-profile federal court trial on the constitutionality of California’s recently enacted ban on same-sex marriages.

Supreme Court News: Supreme Court Strikes Down Campaign Finance Regulation for Corporations
The Supreme Court of the United States struck down portions of a federal campaign finance law in an opinion published Jan. 21, 2010, ruling that the law impermissibly discriminated against the First Amendment rights of corporations to expressly support political candidates for political office.

Supreme Court News: Supreme Court Rules Defendant Has Sixth Amendment Right to Open Jury Selection
In a 7-2 decision handed down on Jan. 19, 2010, the U.S. Supreme Court ruled that the jury selection process in most criminal cases must be open to the public under the defendant’s Sixth Amendment guarantee of a public trial.

FOIA and Access: New While House Transparency Policies Draw Mixed Reviews
As he entered into his second full year in office, President Barack Obama continued to introduce new measures he said were intended to increase government transparency.

FOIA and Access: Ohio Supreme Court Strikes Down Trial Judge’s Gag Order
The Ohio Supreme Court struck down a gag order on April 13, 2010, that had been imposed by an Ohio state trial court judge.

FOIA and Access: Federal Judge Requires FAA to Provide Flight Information
A federal district court judge issued an opinion on Feb. 26, 2010, agreeing with the Federal Aviation Administration (FAA) in a reverse Freedom of Information Act (FOIA) lawsuit and ordering a list of private planes whose flights had been blocked from public view to be released.

FOIA and Access: Federal Judge in Florida Rules Mug Shots Exempt from FOIA
A Federal District Court judge in Florida denied a freelance journalist’s request for the mug shots of a man who had pleaded guilty to securities fraud after the judge determined that the guilty man’s privacy interests outweighed the public interest in the photos’ release in a Dec. 14, 2009 decision.

FOIA and Access: State Courts Side with Public in Open Meetings, Records Disputes
State Supreme Courts across the country sided with news organizations, a labor union and a private citizen in recent decisions that clarified state open records and meetings laws, and mandated disclosure of salary figures and a court settlement.

FOIA and Access: KSTP Gains Access to Absentee Ballots
In a ruling issued Jan. 5, 2010, a Minnesota state district court judge granted a Twin Cities ABC affiliate the right to see and copy rejected and unopened absentee ballots from the 2008 election, calling the ballots “public data” for the purposes of the Minnesota open records law.

FOIA and Access: State Courts Adopt Varying Degrees of Access to Jury Selection
Recent rulings by state courts in Kansas, Nevada, and Massachusetts recognized the rights of the accused as well as the rights of the public by allowing varying degrees of access to trial court jury proceedings.

Subpoenas and Shield Laws: Kansas Enacts Shield Law; Wisconsin Bill Clears Legislature
Kansas Gov. Mark Parkinson signed a journalist shield bill into law on April 15, 2010, saying that “we must allow journalists to perform their jobs without fear of prosecution and continue bringing the news home to Kansas.”

Subpoenas and Shield Laws: Police Raid Blogger’s Home, College Paper’s Newsroom
In two unrelated incidents in April 2010, California police searched the home of a technology blogger who had written about the prototype of a new phone from  Apple, and Virginia officials raided the newsroom of The Breeze, the student newspaper at James Madison University, while investigating recent student riots.

Digital Media: Federal Judge Orders Website to Delay Posting of Stock Recommendations
A federal district judge ruled on March 18, 2010, that financial news website Theflyonthewall.com (Fly) had misappropriated the financial recommendations of three prominent Wall Street Firms and instituted strict time guidelines for the site’s future publication of stock recommendations.

Media Ethics: New York Times Co. Pays Settlement to Singaporean Leaders
The New York Times Co. apologized and agreed to pay $114,000 to Singaporean leaders as part of an out-of-court settlement after the International Herald Tribune ran a story on Feb. 15, 2010 that included Singapore’s Prime Minister Lee Hsien Loong and his two predecessors in a list of Asian “political dynasties.”

Media Ethics: Two Journalists Resign amid Plagiarism Allegations
In February 2010, two high-profile plagiarism scandals involving a reporter for The New York Times and the chief investigative reporter for the news website The Daily Beast resulted in the resignations of both journalists.

Media Ethics: News Networks Criticized for Practicing “Checkbook Journalism”
Several major news organizations drew criticism in recent months for paying sources or providing gifts in exchange for exclusive licensing or interview rights.

Media Ethics: Washington Post Deletes, Modifies Blog Post Critical of Paper
The Washington Post deleted a reporter's Jan. 27, 2010 blog post on the newspaper’s website that was critical of the relationship between The Post’s editorial board and a prominent local school official, and reposted a redacted version of the same story a few hours later without notifying readers that the post had been altered.

Libel: 10th Circuit Upholds Dismissal of Libel Suit Against Grisham, Other Authors
On Feb. 1, 2010, the 10th Circuit U.S. Court of Appeals upheld the dismissal of a libel suit against best-selling author John Grisham and several other authors who wrote about two men wrongfully convicted of murder and rape in Oklahoma.

International: Google Suspends Operations in China, Citing Censorship
The Internet search giant Google announced on March 22, 2010, that it would no longer comply with Chinese government censorship and was suspending online operations in mainland China. 

International: Afghan Government Issues ‘Guidelines’ Forbidding Filming of Taliban Attacks, Citing Journalists’ Safety
On March 1, 2010, Afghanistan’s National Directorate of Security (NDS) announced a ban on news coverage showing footage of live attacks by Taliban insurgents.

International: Canadian Supreme Court Creates New “Responsible Communication” Defense
On Dec. 22, 1009, the Canadian Supreme Court vacated libel verdicts against two Canadian newspapers in separate rulings, and created a new defense for members of the public or media who engage in “responsible communication.”

Student Media: 3rd Circuit Issues Conflicting Rulings on Student Internet Speech
On Feb. 4, 2010, the 3rd Circuit U.S. Court of Appeals issued two opinions that reached separate conclusions regarding whether schools can discipline students for material posted on social networking websites.

FCC News: D.C. Circuit Strikes Down Net Neutrality Measure
The D.C. Circuit U.S. Court of Appeals ruled on April 6, 2010, that the Federal Communications Commission (FCC) has no authority to regulate an Internet service provider’s (ISP) network management practices.

Privacy: California Court Finds Right to Privacy in Death Scene Photos
A state appellate court panel in California issued  a decision on Jan. 29, 2010, allowing a lawsuit to proceed against a California Highway Patrol (CHP) and two of its officers for disseminating photos depicting a dead woman’s body at the scene of an auto accident, on the grounds that the deceased’s family members had a sufficient privacy interest in the photographs.

Privacy: Italian Judge Convicts Google Executives of Violating Country’s Privacy Law
An Italian judge convicted three Google executives of violating Italy’s privacy law on Feb. 24, 2010, after a 2006 user-generated Internet video of teenagers bullying a disabled boy was posted on a Google-maintained website.

Privacy: U.S. Supreme Court Refuses to Hear Hustler’s Right-of-Publicity Appeal; Georgia Legislature Modifies State Open Records Law
On March 1, 2010, the U.S. Supreme Court declined to hear an appeal from Hustler magazine, allowing a right-of-publicity lawsuit filed against the magazine by the mother of a deceased professional wrestler to continue.

Free Speech: Blogger White Convicted; Two Mistrials for Turner
On Dec. 18, 2009, a federal jury in Roanoke, Va., convicted white supremacist Willliam White on four counts of criminal threats and intimidation.

Free Speech: 11th Circuit Rejects 9th Circuit’s National Internet Obscenity Standard
The 11th Circuit U.S. Court of Appeals released an unpublished opinion on Feb. 2, 2010, that rejected the 9th Circuit’s national Internet obscenity standard and instead applied a localized, “contemporary community” standard to affirm the conviction of an online pornography producer.

Silha Center Events: Silha Center Hosts Variety of Speakers in spring 2010
The Silha Center hosted a broad spectrum of events in March and April 2010.

A New Approach to the Silha Bulletin
Beginning with this combined Winter-Spring 2010 edition, the Silha Bulletin will appear three times each year, rather than four.

Below is the Table of Contents for the Fall 2009 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Fall 2009
Volume 15, Number 1
Download full text (pdf)

Cover Story: Supreme Court Vacates and Remands Detainee Photo Case after Congressional Action
On November 30, the Supreme Court of the United States vacated a 2nd Circuit U.S. Court of Appeals judgment ordering the release of 44 government-help photographs depicting detainee mistreatment at the hands of U.S. troops, remanding the case back to the appeals court for reconsideration under a new legislation intended to prohibit publication of the photos.

FOIA and Access: 3rd Circuit Rules Personal Privacy Interest Applies to Corporations
The 3rd Circuit U.S. Court of Appeals ruled in an opinion published Sept. 22, 2009, that corporations have a “personal privacy” interest that may allow their records to be withheld from release under a Freedom of Information Act (FOIA) request for government documents.

FOIA and Access: White House Agrees to Release Visitor Logs on Its Own Terms
President Barack Obama announced on Sept. 5, 2009, that his administration would begin voluntarily releasing the names of White House visitors in order to settle a Freedom of Information Act (FOIA) lawsuit from the government watchdog group Citizens for Responsibility and Ethics in Washington (CREW).

FOIA and Access: Pentagon Newspaper Says Military Used Profiles of Reporters in Selecting Embeds
The Pentagon authorized a private public relations firm to compile background profiles on journalists seeking to cover the war in Afghanistan that rated the reporters’ past work as “positive,” “negative,” or “neutral,” according to the Stars and Stripes, a daily military newspaper authorized and funded by the Department of Defense.

FOIA and Access: 5th Circuit Upholds Texas Open Meetings Law; More Challenges Underway
The 5th Circuit U.S. Court of Appeals dismissed a lawsuit on September 10 brought by two city council members from Apine, Texas, who challenged the constitutionality of the Texas Open Meetings Act.

FOIA and Access: 2nd Circuit Denies New York Times Access to Emperor’s Club Wiretap Information
The New York Times does not have a First Amendment right of access to sealed wiretap applications filed in the investigation of the prostitution ring that led to former New York Gov. Eliot Spitzer’s resignation, the 2nd Circuit U.S. Court of Appeals ruled on Aug. 6, 2009.

FOIA and Access: Florida Judge Grants $750,000 Award for Attorneys’ Fees in Open Government Suit
A Florida judge awarded $750,000 in legal fees on Sept. 25, 2009, to the attorneys of an open-government advocacy group that sued several city officials in Venice, Fla., for violating the state’s open government laws.

FOIA and Access: State, Federal Courts Resist Access to Judicial Records, Proceedings
Courts across the country curtailed public access to judicial records and court proceedings in the fall of 2009, as state and federal judges used a variety of statutory, constitutional, and administrative methods to limit openness.

Subpoenas and Shield Laws: Military Appeals Court Rejects Reporter’s Privilege
A military appeals court held that military courts should not recognize a reporter’s privilege for non-confidential sources under either constitutional or common law in a decision published Aug. 31, 2009.

Subpoenas and Shield Laws: Hawaiian Shield Law Protects Independent Filmmaker
A Hawaii state district court judge ruled on September 2 that Hawaii’s journalist shield law exempts independent filmmaker Keoni Keoloha Alvarez from responding to subpoenas or being deposed in a lawsuit involving a property dispute.

Digital Media: Federal Government, States Grapple with Cyber-Bullying Laws
A proposed federal law intended to combat a form of Internet-based harassment known as “cyber-bullying” was criticized by a House subcommittee this fall.

Digital Media: Reporting Errors Haunt Major News Outlets
In the fall of 2009, several inaccurate stories in the mainstream news media circulated widely among reputable organizations before they were retracted or corrected.

Digital Media: New FTC Guidelines Target Bloggers, Raise First Amendment Concerns
New Federal Trade Commission guidelines became effective on December 1 that require online product reviewers to disclose any compensation or payment received in exchange for publishing the review.

Media Ethics: Washington Post Delays, Redacts Information from Afghanistan Report
The Washington Post agreed to delay publication and redact certain portions of a classified Afghanistan report after the White House expressed concern that the release of the leaked document might threaten the safety of U.S. troops, Post writer Howard Kurtz revealed on Sept. 22, 2009.

Media Ethics: Quarrel Between Obama Administration, Fox News Intensifies
The relationship between President Barack Obama and the Fox television network, and in particular the Fox News Channel, escalated into a headline-grabbing feud in the fall of 2009, prompting criticism of both the cable network’s politically-charged commentary and the administration’s reaction to Fox’s unfavorable coverage.

Media Ethics: ACORN Videos Provoke Media Debate, Trigger Lawsuit
A series of hidden-camera video released in September 2009 depicting employees of the nonprofit group Association of Community Organizations for Reform Now (ACORN) advising a couple posing as a pimp and a prostitute resulted in the elimination of the organization’s federal funding, a lawsuit against  the filmmakers, and a bevy of media commentary surrounding news coverage of the videos.

Media Ethics: Photo of Dying Marine Sparks Controversy
An Associated Press (AP) decision to publish a photograph of a fatally wounded Marine in Afghanistan drew sharp criticism from the Pentagon and sparked a journalistic debate in September 2009 after the AP made the photograph public over the objections of the soldier’s family.

Media Ethics: Conde Nast Accused of Self-Censorship
In what was widely viewed as an act of self-censorship, the publishing giant Conde Nast suppressed the publication of a controversial story in the September 2009 issue of the Russian edition of one of its magazines, drawing the ire of American journalists and media critics.

Media Ethics: Yale University Press Withdraws Controversial Artwork from Book about Danish Cartoons
Citing potential threats of violence, Yale University Press removed 12 Danish cartoons depicting the prophet Muhammad that sparked a series of riots in 2006 from a forthcoming book about the cartoon controversy.

Libel: Jury Awards $10 Million in Libel Suit against St. Petersburg Times; Massachusetts Jury Rejects Truthful Libel Claim
A Florida jury awarded the former chief of medicine at a Veterans Administration medical center more than $10 million in a libel suit against the St. Petersburg Times in an Aug. 28, 2009 verdict, despite the paper’s insistence that its stories were true.

Endangered Journalists: Military Raid Results in Rescue of New York Times Reporter, Death of Afghan Translator
British troops carried out a deadly raid against Taliban forces in northern Afghanistan on Sept. 9, 2009, to rescue New York Times reporter Stephen Farrell.

Endangered Journalists: American Journalist, Companions Charged with Espionage
On Nov. 9, 2009, an American freelance journalist and two companions were charged with espionage by Iranian authorities in Tehran after 101 days of imprisonment.

Prior Restraints: Social Media Sites Assist Gagged British Newspaper
Social networking sites and blogs helped uncover the source of a gag order against the British newspaper The Guardian in October 2009 after the paper published a story on its Web site claiming it was prohibited from reporting certain remarks made in the British Parliament.

Student Media: Student Media Roundup: Student Press Tested by Subpoenas, Prior Review, Self-Censorship
Members of the student press faced challenges from state prosecutors in Illinois, a Supreme Court justice’s staff in New York, and a school superintendent in Missouri in the fall of 2009.

Silha Events: Award-winning Investigative Reporter Charles Lewis Delivers 2009 Silha Lecture
“The ground is shifting in the conventions of media as we’ve known it in this country,” according to Chuck Lewis, the 2009 Silha Lecturer.

Subpoenas and Shield Laws: Federal Shield Law Passes Senate Committee
The Senate Judiciary Committee voted 14-to-5 on Dec. 10, 2009, to present the most recent version of a federal journalist shield bill to the full Senate.

Below is the Table of Contents for the Summer 2009 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Summer 2009
Volume 14, Number 4
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Cover Story: Subpoenas to Unmask Anonymous Internet Users Continue to Challenge News Media and Courts
Subpoenas involving anonymous online speakers are testing the limits of the journalist’s privilege and state shield laws, while courts across the country continue to develop standards for when anonymous speakers should be unmasked.    

Supreme Court News: Critics, Commentators, and Cases Offer Few Glimpses at Sotomayor’s Position on Media Law
Examinations of the career of recently confirmed U.S. Supreme Court Justice Sonia Sotomayor provide mixed answers to the question of whether she will be a friend or foe to journalists and media organizations in her interpretation of the First Amendment and freedom of information laws.

Journalist Subpoenas and Shield Laws: Blogger Cannot Claim New Jersey Shield Law
In a case of first impression, a New Jersey trial court judge ruled June 30, 2009 that a blogger and online commenter who was sued for defamation could not claim the state’s journalist shield law to protect the confidential sources she used as a basis for publishing allegedly defamatory statements about a corporation.

Journalist Subpoenas and Shield Laws: California Court Rules State Shield Law Protects Student Photojournalist
A California judge ruled on July 15, 2009 that a student photojournalist who witnessed a murder on a San Francisco street is covered by California’s reporter shield law and does not have to turn his photos over to police.

FOIA and Access: Obama and Courts Seek Balance between National Security and Transparency in Terrorism Cases
The Obama administration continued to fight the release of some Bush-era classified detainee treatment materials, while releasing redacted versions of others in response to FOIA requests.

FOIA and Access: White House Continues to Resist Open Government Group’s FOIA Requests
The U.S. Circuit Court of Appeals for the District of Columbia ruled on May 19 that the White House Office of Administration (OA) is not subject to the Freedom of Information Act (FOIA).

FOIA and Access: College Sports Programs Cite FERPA in Withholding Information
An extensive and ongoing investigation by the Columbus (Ohio) Dispatch has reported that the nation’s biggest athletic programs interpret a federal law meant to guard students’ privacy in widely different ways.

FOIA and Access: Courts, Police Decline to Extend Privileges to Reporters
State and federal courts declined to extend a First Amendment right of access to accident scenes, protests, and school property for members of the media in the spring and summer of 2009.

Endangered Journalists: North Korea Releases American Journalists; Iran Detains Freelancer
On August 4, 2009, American journalists Laura Ling and Euna Lee were granted a “special pardon” by the North Korean government and released from custody after being detained for over four months.

Endangered Journalists: Russia: Politkovskaya Murder Trial to be Reheard; Prominent Activist and Reporter Killed
Russia’s Supreme Court overturned the acquittals of three men accused of involvement in the 2006 murder of journalist Anna Politkovskaya on June 25, 2009, ordering a retrial.

International: Irish Supreme Court Upholds Journalists’ Right to Keep Source Confidential
The Supreme Court of Ireland has unanimously upheld the right of two Irish Times journalists to refuse to appear before a government tribunal and reveal their source for a 2006 report on a government corruption investigation.

International: Northern Irish Reporter Can Keep IRA Sources Secret; British High Courts Rules Blogger Cannot Remain Anonymous
In June 2009, one British court upheld a print journalist’s request to keep her sources secret, while another court refused to grant an injunction that would have prevented the unmasking of an anonymous blogger.

Digital Media: Blogger Charged with Inciting Attacks on Judges, Lawmakers
New Jersey blogger and Internet radio host Hal Turner is facing state and federal charges for separate inflammatory posts on his blog: one regarding Connecticut state legislators and another involving three judges on the 7th Circuit U.S. Court of Appeals.

Digital Media: Judge Dismisses Ruling against Mother in MySpace Suicide Case
In July 2009, a federal judge in Los Angeles threw out a criminal case against a Missouri woman convicted of computer fraud stemming from a 2006 hoax on the Web site MySpace targeting a teenage girl, who later committed suicide.

Digital Media: Courts Rule Leagues Cannot Keep Stats Out of Fantasy Sports
A federal judge in Minnesota ruled on April 28, 2009 that CBS does not have to pay to use the names and statistics of National Football League players in its fantasy football league because the information is in the public domain.

Copyright: Juries Access Large Damages against Music File Sharers in Minnesota and Massachusetts
Separate juries in Minneapolis and Boston assessed statutory damages totaling over $2.5 million against people accused of illegally downloading and sharing music in the first two file-sharing copyright cases to go to trial.

Copyright: Judge Blocks Publication of Salinger Spinoff Book
A federal district judge prevented publication of a book promoted as a sequel to J.D. Salinger’s The Catcher in the Rye (Catcher) finding it bears too many similarities to the classic novel without providing sufficient critique or parody.

Student Media: High School Administrators Hold Back Yearbooks, Magazines
With the close of another school year, several high school magazines and yearbooks around the country raised the ire of school administrators over their content and the conduct of their staff.

Media Ethics: Ethical Questions Surround Times Decision to Keep Rohde Kidnapping Secret
Pulitzer Prize-winning New York Times reporter David Rohde and a fellow reporter escaped their Taliban captors on June 19, 2009, after being held captive in the mountains of Afghanistan and Pakistan for over seven months.

Media Ethics: Uproar Follows Revelation of Washington Post ‘Salons’ Sponsored by Lobbyists
In early July 2009, an ethical controversy led Washington Post publisher Katharine Weymouth to cancel plans for a series of “salons” underwritten by lobbyists willing to pay as much as $250,000 for private, off-the-record access to lawmakers and journalists, saying that The Post’s business side misrepresented the newspaper’s intent in hosting the events.

Media Ethics: Murdoch-owned British Paper Embroiled in Phone Scandal
The British tabloid News of the World, published by a subsidiary of media mogul Rupert Murdoch’s News Corporation, paid about $1.6 million to settle various lawsuits involving allegations of phone hacking by its reporters, The Guardian of London reported on July 8, 2009.

Media Ethics: Criticism and Praise after Web Site Publishes Publishes Hacked Twitter Corporate Information
A hacker accessed the e-mail account of a Twitter employee and forwarded detailed company information found there to at least two blogs, the technology Web site TechCrunch reported on July 14, 2009.

Media Ethics: White House Press Corps Resists Background Briefings
The Obama administration is facing criticism from White House correspondents and their news organizations for its practices in the White House briefing room, including the continued use of background briefings, or selective off-the-record meetings held with reporters, and Obama’s decision to select and notify in advance some reporters before he calls on them in press conferences.

Silha Events: 2009 Silha Lecture: Award-winning Investigative Reporter Charles Lewis
Within its First Amendment protections, relative transparency, and physical security afforded to all citizens, the United States should be the world’s most hospitable place for investigative reporting.

Below is the Table of Contents for the Spring 2009 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Spring 2009
Volume 14, Number 3
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Cover Story: An Exclusive Report from the Silha Center: Cameras Monitor Minnesota Recount Trial
As Minnesota’s experiment with cameras in the courtroom during the Coleman-Franken recount trial drew to a close on March 12, 2009 after 34 days of testimony, news outlets across the country had produced thousands of stories about the fight between Norm Coleman and Al Franken over Minnesota’s empty Senate seat.

Supreme Court News: U.S. Supreme Court Ruling Leaves FCC’s Ban on Fleeting Expletives in Place
In a 5 to 4 ruling handed down April 28, 2009, the U.S. Supreme Court overturned a lower court’s decision that round that the Federal Communications Commission’s (FCC) rule change on “fleeting expletives,” was “arbitrary and capricious.”

Supreme Court News:  U.S. Supreme Court Will Hear Animal Cruelty Video Case
The U.S. Supreme Court has agreed to hear a case that will ask whether depictions of animal cruelty should join the few categories of speech not protected by the First Amendment, like obscenity, “fighting words,” and child pornography.

FOIA and Access:  Obama’s Policies Promote Openness; Some Secrecy Persists
Barely three months into its first term, the Obama administration continued its trend toward an increasingly open federal government by announcing new Freedom of Information Act (FOIA) policies and the release of previously unavailable photos and memoranda from the Justice Department regarding treatment of terrorism suspects.

FOIA and Access:  1st Circuit Blocks Live Webcast of File-Sharing Trial
The 1st Circuit U.S. Court of Appeals overruled a Massachusetts federal district judge April 16, 2009 and barred live webcasting of a prominent file-sharing lawsuit brought by several record companies against a Boston University graduate student.

FOIA and Access:  Wisconsin Group Sues Newspaper, Alleges Exclusive Right to Coverage of High School Sports
The Wisconsin Interscholastic Athletic Association (WIAA) filed a declaratory judgment action in state court Dec. 5, 2008 asserting exclusive ownership of all pictures, video, and written accounts of the Wisconsin high school athletic events it organizes.

FOIA and Access:  Coach Apologizes after Threat to Ban Student Reporters
The head football coach at the University of Wisconsin-Whitewater apologized to the student newspaper April 23, 2009, one day after threatening to ban student reporters from covering the football team in an angry outburst motivated by a critical editorial.

FOIA and Access:  Veterans Affairs Seizes, Returns Radio Reporter’s Equipment at D.C. Medical Center
On April 10, 2009, the Veterans Affairs Department (VA) returned a digital memory card to a radio reporter after confiscating it while the reporter interviewed a veteran at the VA Medical Center in Washington, D.C.

FOIA and Access:  Minnesota Legislature Toys with Secrecy Measures
The Minnesota House of Representatives recognized Sunshine Week 2009 with a unanimous resolution affirming constitutional fights to “freedom of the press and freedom of expression,” but media law commentators questioned the depth of that conviction, pointing to actions designed to increase secrecy earlier in the session.

Endangered Journalists:  Two American Journalists Arrested, to Face Trial in North Korea
Two American journalists arrested by North Korean border guards on March 17, 2009 will be put on trial June 4 for entering the country illegally and committing “hostile acts.”

Endangered Journalists:  Saberi Released from Prison in Iran, Sentence Suspended
Iranian-American freelance journalist Roxana Saberi was released from prison on May 11, 2009 after an Iranian appeallate court issued a two-year suspended sentence in her espionage trial.

Endangered Journalists:  RNC Update: Report Faults Police on Media Planning; Legal Fallout Continues
St. Paul officials continue to face fallout from the September 2008 Republican National Convention (RNC).

Subpoenas and Shield Laws: Judge Rules in Ashenfelter’s Favor on Fifth Amendment; Reporter Protects Sources and Avoids Contempt Order
A U.S. District Court Judge in Michigan ruled April 21, 2009 that Detroit Free Press reporter David Ashenfelter could refuse to answer questions about confidential sources based on the Fifth Amendment right against compelled self incrimination.

Subpoenas and Shield Laws:  Texas Enacts Shield Law
Texas Gov. Rick Perry signed a journalist’s shield bill into law on May 13, 2009, making Texas the 36th state, as well as the District of Columbia, to adopt a statutory testimonial privilege for reporters.

Ethics: Did Financial Journalists Misjudge the Economic Downturn?
As commentators continue to explore the sources of the economic downturn in the United States, critics of financial news reporters as well as business journalists themselves are saying little was done to predict the current problem.

Ethics: Los Angeles Times Criticized over Ads that Look Like Newspaper Stories
Two prominent April 2009 Los Angeles Times advertisements which were designed to look like news stories raised questions about whether the newspaper was blurring the lines between advertising and news content in response to declining revenue.

Libel: 1st Circuit Denies Rehearing in Libel Case Disallowing Truth as an Absolute Defense
The 1st Circuit Court of Appeals denied a petition for rehearing en banc by the office supply company Staples March 18, leaving in place a panel decision that permitted the plaintiff to continue a defamation lawsuit even though the allegedly defamatory statements are true.

Silha Events: Silha Spring Ethics Forum and SPJ Town Hall Meeting Address Health Journalism’s ‘Fever Pitch’
As media coverage of an imminent swine flu pandemic raised concerns around the world, about 80 community members, journalists, journalism students, and professors gathered to discuss health news reporting at a spring ethics forum and town hall meeting titled “Fever Pitch: Does Health News Reporting Leave Consumers Out in the Cold?”

Silha Events: Speakers Meet at the Intersection of Law Enforcement and Digital Privacy at Silha Spring Forum
At a March 25 Silha Spring Forum, Stephen Cribari, a criminal and constitutional law professor at the University of Minnesota Law School, said an ever-changing digital landscape has raised questions about constitutional interpretation.

Below is the Table of Contents for the Winter 2009 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Winter 2009
Volume 14, Number 2
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Cover Story: Obama Promises More Government Openness; Skeptics Demand Immediate Results
President Barack Obama took the office on Jan. 20, 2009 and the next day renewed his promise of a new era of open government and accountability.

Journalist Subpoenas and Shield Laws: Ashenfelter Pleads the Fifth in Ongoing Effort to Protect Confidential Sources
The battle over confidential sources between former Assistant U.S. Attorney Richard Convertino and Detroit Free Press reporter David Ashenfelter shifted from First Amendment freedoms to Fifth Amendment protections after Ashenfelter refused to answer questions at a Dec. 31, 2008 deposition, citing the right against compelled self-incrimination.

Journalist Subpoenas and Shield Laws: Nevada Shield Law Upheld; Reporter Does Not Have to Testify
A federal magistrate judge in Nevada held that “the plain language: of the state’s reporter shield law confers an “absolute privilege,” protecting a reporter from disclosing sources and other newsgathering information in a Jan. 30, 2009 ruling.

Journalist Subpoenas and Shield Laws: Shield Law Bills Introduced Again in U.S. House and Senate
Federal shield bills have been introduced in the U.S. House and Senate that would limit the federal government’s power to subpoena journalists.

FOIA and Access: 2nd Circuit: Detainee Identities Can Be Kept Secret Under FOIA
The 2nd Circuit U.S. Court of Appeals ruled Jan. 5, 2009 that the privacy interests of Guantanamo Bay detainees and their families who were the subject of investigations of prisoner abuse outweigh the public interest in their personal information being released to the Associated Press (AP).

FOIA and Access: Minnesota High Court Approves Cameras-in-Court Pilot Program
After nearly two years of debate and competing reports from an advisory committee, the Minnesota Supreme Court ordered Feb. 12, 2009 that current procedures governing electronic media coverage in the state’s courtrooms should be retained until a pilot project and concurrent study can be completed.

FOIA and Access: Courts Continue to Deal with Bush Records Policies, E-mails
As President George W. Bush prepared to make way for his successor, Barack Obama, on Jan. 20, 2009, a trio of lawsuits filed by watchdog groups concerned with the preservation of Bush administration records continued to wind their way through federal courts in Washington.

FOIA and Access: FERPA Explained; Critics Call New Rules ‘Irrational’
The United States Department of Education released a 54-page document on Dec. 9, 2008 that detailed several modifications to the enforcement of the Family Educational Rights and Privacy Act (FERPA). 

Government Wiretaps: Former NSA Analyst Says Wiretap Program Included Journalists
A former National Security Agency (NSA) analyst said the agency’s warrantless surveillance program monitored American news organizations and domestic communications, contrary to assertions by the Bush administration that the program targeted only communications between U.S. residents and suspected terrorists overseas.

International: Accused Politkovskaya Conspirators Acquitted
On Feb. 19, 2009, a jury unanimously acquitted three men accused of helping to organize the 2006 killing of Russian journalist Anna Politkovskaya.

International: Iraq Remains the Deadliest Nation for Journalists
Although Iraq remains the deadliest country in the world for journalists, the total number of reporters killed in Iraq in 2008 dropped significantly from the record number of deaths in the preceding two years, in part reflecting a decline in Western media presence there.

International: Media Locked Out of Gaza Conflict
Israel banned journalists from entering Gaza during its military operations there in December and January, drawing outcry from international press organizations and the United Nations (U.N.).

Digital Media: Subpoenas Seek to Identify Anonymous Web Site Commentators and Viewers
Plaintiffs in several defamation lawsuits are seeking court orders to identify anonymous Internet users, raising First Amendment concerns regarding the protections afforded to anonymous communicators on the Internet.

Digital Media: Federal Judge Recognizes AP’s ‘Hot News’ Claim in Suit over Online Use of Content
On Feb. 17, 2009, a federal judge refused to dismiss the Associated Press’s (AP) claim that the AP can assert an ownership interest in “hot news” against a competing online service.

Digital Media: Judge Allows Live Webcast of Copyright Trial; RIAA Appeals
A U.S. District Court judge in Boston authorized a live Internet video stream of oral arguments in a widely followed file-sharing lawsuit in January 2009, but the plaintiff recording companies seeking to prevent the webcast have appealed the order to the 1st Circuit U.S. Court of Appeals.

Copyright: AP Alleges Copyright Infringement over Iconic Obama Image
The creator of a popular poster featuring President Barack Obama filed a lawsuit in federal district court in New York City on Feb. 9, 2009 against The Associated Press (AP), asking the judge to issue a declaration that he did not infringe the AP’s copyright for a photograph that inspired the poster.

Copyright: Music Industry to Abandon Mass Copyright Lawsuits
The Recording Industry Association of America (RIAA) announced that it will reduce its use of lawsuits to combat illegal online music sharing, and will instead cooperate with Internet service providers (ISPs) to stop the transfer of copyrighted works, a Dec. 19, 2008 story in The Wall Street Journal reported.

Copyright: Update: Blogger Pleads Guilty for Leaking Guns N’ Roses Songs
A blogger who was arrested and charged by federal agents with illegally streaming nine tracks from the then-forthcoming Guns N’ Roses album “Chinese Democracy” pleaded guilty to one misdemeanor count of copyright infringement as part of a deal with prosecutors.

Libel: 1st Circuit Rules Truth Not Always a Defense to Libel
On Feb. 13, 2009, the 1st Circuit U.S. Court of Appeals in Boston held that truth may no longer be a defense to libel in lawsuits brought by private figure plaintiffs under Massachusetts law if the allegedly libelous statement was published by a defendant acting out of “ill will.”

Libel: New Jersey Court Ruling Casts Doubt on ‘Fair Report Privilege’
The New Jersey Superior Court, Appellate Division, ruled Nov. 12, 2008 that the “fair report privilege” does not extend to fair and accurate reports of a complaint filed by a debtor’s trustee in a bankruptcy case, at least until there has been “judicial review” of the complaint.

Libel: Libel Tourism Bills Introduced in U.S. House and Senate
A new bill aimed at protecting American journalists, writers, and publishers from defamation judgments in foreign jurisdictions with less stringent speech protections was introduced in the United States Senate on Feb. 17, 2009.

Libel: Criminal Libel Changes in Colorado, Wisconsin
Authorities in Colorado and Wisconsin have charged three people with criminal libel in separate incidents all involving the Internet.

Student Media: New California Law to Protect School Journalism Advisers
As of Jan. 1, 2009, a new California law offers journalism advisors and other school employees increased protection from retaliatory administrative action for material published by their students.

Student Media: High School Editors Face Off with Principals
The student newspaper at Faribault High School in Faribault, Minn. returned to the presses in February 2009 after a fight over prior review resulted in the school’s superintendent suspending publication and students turning to the local newspaper and the Internet as an alternative means of publishing.

Media Ethics: Defense Departments Finds ‘No Wrongdoing’ in TV Analysts’ Pentagon Ties
The first of three federal agencies scheduled to weigh in on the controversy surrounding the use of retired military officers as independent analysts on television news programs reported in January 2009 that it found “insufficient evidence” to support allegations that the Defense Department violated federal law.

Media Ethics: Pentagon Criticized for Mixing PR and Propaganda
Efforts by the U.S. military to merge “public affairs” information operations with those aimed at propaganda have drawn criticism from NATO allies in Afghanistan as well as the Defense Department’s Inspector General.

Media Ethics: Lobbyist Settles with New York Times over McCain Story
A lobbyist whose relationship with former Republican presidential nominee Sen. John McCain (R-Ariz.) was the focus of a Feb. 21, 2008 New York Times story settled her defamation lawsuit against the newspaper on Feb. 19, 2009.

Media Ethics: Citing Impartiality, BBC Refuses to Air Gaza Aid Appeal
The BBC announced Jan. 22, 2009 that it would not broadcast a video appeal from a group of British charities on behalf of the civilian victims of recent fighting in Gaza.

Media Ethics: Human Rights Advocates and Media Critics Question NBC News’ Rwandan War Criminals Investigation
NBC News producers and a Rwandan prosecutor apparently joined forces for a series of surprise confrontations at Goucher College in Baltimore where a man they said was involved in the 1994 mass killings in Rwanda was working as a professor.

Below is the Table of Contents for the Fall 2008 edition of the Silha Bulletin.  Click on the title to read the full article.
 

Bulletin Fall 2008
Volume 14, Number 1
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Cover Story: Dozens of Journalists Arrested at Republican National Convention in St. Paul
Dozens of journalists were among the more than 800 people arrested during the 2008 Republican National Convention (RNC) held in St. Paul and Minneapolis September 1-4, prompting questions about whether police and security organizers responded appropriately to allow the news media to do their job while controlling protests.

Election 2008: Sen. Coleman Bans Alternative Media from Press Conference
Faced with a three-minute barrage of questions from reporters about whether U.S. Sen. Norm Coleman (R-Minn.) received gifts of clothing from businessman Nasser Kazeminy, a spokesman for his re-election campaign refused to explicitly deny the report, saying the campaign will not respond to bloggers.

Election 2008:  Minnesota News Organizations Granted Access for Exit Polling by Federal Judge
On Oct. 15, 2008 a federal judge issued a preliminary injunction blocking the enforcement of a Minnesota law requiring anyone not voting or registering to vote on election day to remain 100 feet away from the building where voting is being conducted.

Election 2008: Bias or Reality?  Media Critics Assess Positive Obama Coverage and Negative McCain Coverage
In the days before the presidential election on Nov. 4, 2008, some media critics suggested the press might be too eager to call the election in favor of Democratic candidate Sen. Barack Obama (D-Ill.), but others said that coverage reflected reality rather than partisan bias.

Journalists and Subpoenas: Judge Orders Michigan Reporter to Give Up Sources in Privacy Act Case
A U.S. District Court judge in Michigan ordered Detroit Free Press reporter David Ashenfelter to reveal the identity of confidential sources Aug. 28, 2008, holding there is no constitutional or common law testimonial privilege for journalists in the 6th Circuit.

Journalists and Subpoenas: Pennsylvania High Court Upholds ‘Absolute’ Shield Law
Pennsylvania’s highest court refused to adopt a “crime-fraud exception” to the state’s statutory shield law Sept. 24, 2008, holding that the statute’s “unambiguous” text provides an absolute shield for reporters to protect the identity of confidential sources.

Journalists and Subpoenas: FBI Apologizes to Washington Post, New York Times over Phone Records Breach
On Aug. 8, 2008, Federal Bureau of Investigation (FBI) Director Robert S. Mueller apologized to the executive editors of The Washington Post and The New York Times for obtaining the telephone records of some of the newspapers’ reporters in 2004 without following special procedures required by the Department of Justice.

Journalists and Subpoenas: State Trial Courts Hold Shield Laws Protect Anonymous Reader Comments on Web Sites
State trial courts in Montana and Oregon have held that their respective statutory shield laws protect the identities of anonymous online commenters who participate in discussions on newspaper Web sites.

Journalists and Subpoenas: Court Throws Out Locy Contempt Order
The United States Court of Appeals for the D.C. Circuit threw out a contempt order against former USA Today reporter Toni Locy on November 17, several months after the lawsuit in which she was called to testify was settled out of court.

Journalists and Subpoenas: New Jersey Shield Law Protects Author of Trump Biography
A New Jersey appellate court ruled on Oct. 24, 2008 that a former New York Times reporter who wrote a book about Donald Trump does not have to reveal the identity of his confidential sources.

FOIA and Access: Detainee Abuse Photos Ordered Released
The 2nd Circuit U.S. Court of Appeals ruled Sept. 22, 2008 that the Department of Defense cannot withhold 21 photographs depicting abusive treatment of detainees in Iraq and Afghanistan under the Federal Freedom of Information Act (FOIA), 5 U.S.C. § 552.

FOIA and Access: Roundup: Government E-mails as Public Records
Several state and federal cases in the summer and fall of 2008 underscored the need to define the parameters of public access policies and retention procedures regarding government employee emails.

FOIA and Access: Detroit Newspapers Sue for Release of Text Messages in Mayoral Sex Scandal
Former Detroit Mayor Kwame Kilpatrick resigned on Sept. 4, 2008 and began a 4-month jail sentence on October 29 after the release of text messages exchanged between himself and a staffer led Kilpatrick to plead guilty to perjury and obstruction of justice charges.

FOIA and Access: City Officials Refuse to Release Address-Specific Flood Damage Data
City officials in Cedar Rapids, Iowa, have refused to release information about federal payments made to homeowners whose dwellings were damaged by floods during the summer of 2008, according to a story in the Aug. 31, 2008 Cedar Rapids Gazette.

FOIA and Access: Gag Order Lifted on California Paper Seeking to Cover Its Own Trial
A gag order meant to halt a California newspaper from reporting on its own trial lasted 10 days before a state appeals court ordered it vacated, saying the trial court “cannot possibly justify the censorship imposed.”

FCC News: Comcast to Appeal FCC’s Decision on Internet Network Blocking
Internet service provider Comcast Corporation filed an appeal on Sept. 4, 2008 with the U.S. Court of Appeals for the District of Columbia Circuit seeking the reversal of an order from the Federal Communications Commission (FCC) requiring Comcast to stop secretly blocking peer-to-peer applications over its broadband networks.

International: Malaysian Government Faces Criticism over Jailed Blogger
The Malaysian government released the editor of a news Web site who was detained under a national security law for criticizing Islam after a court ruled his detention was illegal.

International: In State of Emergency, Thai Government Blocks Web Sites But Not Mainstream Media
Anti-government protests in Thailand in September 2008 resulted in a declaration of a state of emergency by Thailand’s prime minister on Sept. 2, 2008.

New Media: Judge Lifts Restraining Order; Students May Discuss Transit Security Research
A federal judge in Boston ruled Aug. 19, 2008 that three Massachusetts Institute of Technology (MIT) students can publicly discuss the findings of a research project that explains how to manipulate the state’s electronic payment system for transit fares.

New Media: YouTube Bans Videos that ‘Incite Violence’
Popular video sharing Web site YouTube adopted a policy banning videos “intended to incite violence or encourage dangerous, illicit activities” on Sept. 11, 2008, several months after Sen. Joe Lieberman (I-Conn.) pressured the site and its owner, Google, to remove content he said was “designed to incite violence against America and Americans or that show graphic violence against American troops and others.”

Copyright: Federal Judge Says Copyright Owners Must Consider Fair Use Before Sending Takedown Notices
The U.S. District Court for the Northern District of California ruled Aug. 20, 2008 that copyright owners must determine whether online content makes fair use of a copyright before demanding a host Web site remove the content.

Copyright: Blogger Arrested for Posting Unreleased Guns N’ Roses Songs
Federal police arrested a blogger on Aug. 27, 2008 for streaming nine songs from “Chinese Democracy,” an as-yet unreleased album from the band Guns N’ Roses, on the Internet.

Student Media and Speech: 8th Circuit Rules Students May Wear Black Armbands to Protest School Policy
The U.S. Court of Appeals for the 8th Circuit ruled Sept. 2, 2008 that students have a right to protest by wearing black armbands to school, calling a 40-year-old landmark U.S. Supreme Court decision on the same issue “dispositive.”

Student Media and Speech: Facing Censorship, College Students Quit School Paper and Launch Independent Web Site
In the fallout from a conflict between Quinnipiac University officials and student journalists over posting breaking news stories on the Internet, members from The Quinnipiac Chronicle staff left to form the Quad News, an independent online publication.

Libel: State Courts Issue Libel Verdicts against Local Media Outlets
Pennsylvania Superior Court Upholds $3.5 Million Libel Verdict

Libel: House Passes Libel Tourism Bill; Illinois Enacts Its Own Law
The U.S. House of Representatives passed a bill on September 27 that would change federal law to prohibit U.S. enforcement of certain foreign defamation judgments.

Libel: International Libel Roundup
Senegalese Court Imprisons Publisher for Libel

Privacy: Florida Supreme Court Unanimously Rejects False Light Invasion of Privacy
The Florida Supreme Court declined to recognize the tort of false light invasion of privacy on Oct. 23, 2008 in a unanimous opinion that held the tort’s chilling effect on protected speech outweighed its potential to create a new remedy for a narrow class of wrongs.

Media Ethics: False Online Reports Drive Plunges in United Airlines and Apple Stock
It began early Sunday morning Sept. 7, 2008, when somebody searched the archives of the South Florida Sun Sentinel (Fort Lauderdale, Fla.) and clicked on an old article from the Chicago Tribune about a company called UAL’s 2002 bankruptcy filing.

Media Ethics: Texas Weekly Folds after Plagiarism Accusation
A small Texas weekly newspaper shut down in August 2008 after plagiarizing dozens of stories from publications such as online magazine Slate and USA Today.

Media Ethics: DVD About Radical Islam Delivered to Swing State Homes via Newspaper Inserts
A documentary film about radical Islam that was distributed to approximately 28 million homes as a DVD insert in about 70 newspapers and through direct mail sparked controversy over the film’s content as well as the political motives behind its targeted distribution.

Media Ethics: Record Fine for BBC over Phone-in Scams
On July 30, 2007, the British Office of Communications (Ofcom) announced that a record 400,000 British pounds in fines had been levied against the British Broadcasting Corporation (BBC) in connection with phone-in competition violations that occurred on various programs on the network from 2005 to 2007.

Silha Center Events: 2008 Silha Lecturer Says Media Organizations Need Ombuds
Silha Lecturer Siobhain Butterworth was introduced as “a member of an endangered species.”

Silha Center Events: FCC Legal Adviser Defends Ownership Rules at Silha Fall Forum
Despite intense opposition based on “as much passion and emotion as reason,” a lawyer for the Federal Communications Commission (FCC) argued that the recent decision to relax the 32-year-old ban on joint ownership of media outlets would improve news coverage through the combination of resources at the Silha Fall Forum Oct. 23, 2008.
 

Bulletin Summer 2008
Volume 13, Number 4
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Cover Story: 3rd Circuit Strikes Down FCC’s Super Bowl Fine as ‘Arbitrary and Capricious’
On July 21, 2008, the 3rd Circuit U.S. Court of Appeals in Philadelphia overturned the Federal Communications Commissions (FCC)’s imposition of a record-setting fine against CBS Corp. for its broadcast of the infamous 2004 Super Bowl Halftime Show “wardrobe malfunction.”

FCC News: Senate Votes to Block FCC’s Cross-Ownership Rule Change
The U.S. Senate passed a bill May 15, 2008 that would overturn rules adopted in December 2007 by the Federal Communications Commissions (FCC) to loosen cross-ownership restrictions.

Subpoenas and Journalist’s Privilege: Washington Times Reporter Gertz Not Forced to Testify
A federal judge who had subpoenaed a Washington Times reporter as part of an investigation into a leak of grand jury testimony opted not to force him to reveal his confidential sources on July 24, 2007, but the reporter now faces a subpoena from a federal grand jury.

Subpoenas and Journalist’s Privilege: Hatfill Suit Settled, Reporter Locy’s Fate Still Unclear
A settlement in Steven Hatfill’s Privacy Act suit against the government means former USA Today reporter Toni Locy may no longer be subject to a civil contempt order that included fines of up to $5,000 per day.

Subpoenas and Journalist’s Privilege: Hawaii Enacts 36th State Shield Law
Hawaii’s governor signed a bill into law on July 2, 2008 that prevents government officials from forcing journalists to divulge anonymous sources except under certain circumstances.

Subpoenas and Journalist’s Privilege: Judge Quashes Subpoenas to 15 Pennsylvania Reporters
On July 15, 2008, a Pennsylvania judge threw out subpoenas issued to 15 journalists summoned to testify at a closed hearing to investigate alleged leaks  in the grand jury probe of a casino owner.

Subpoenas and Journalist’s Privilege: UK Journalist Complies with ‘Production Order’
A British freelance journalist’s fight to prevent police from seizing his notes about a terrorism suspect ended when the High Court ordered him to hand over copies of his notes, audio tapes, and computer records on June 26.

Subpoenas and Journalist’s Privilege: Secrecy, Subpoena in R. Kelly Trial
The child pornography trial of R&B star R. Kelly drew media attention not just for its high profile subject and the salacious nature of the charges, but because it involved issues that are high on the list of media law concerns: trial secrecy and the subpoena of a journalist.

Supreme Court Rulings: Supreme Court Strikes Down ‘Millionaire’s Amendment’ to Campaign Finance Law
For the second time in two terms, a 5 to 4 decision by the U.S. Supreme Court has struck down a provision of the Bipartisan Campaign Reform Act of 2002, better known as the McCain-Feingold Act, because it violated the First Amendment.

Supreme Court Rulings: Court Unanimously Rejects Limits on Duplicate FOIA Suits
A unanimous U.S. Supreme Court ruled June 12, 2008 that the government may not reject Freedom of Information Act (FOIA) requests for federal agency documents on the ground that another party has already unsuccessfully sued for the same documents.

Election 2008: Protest Groups Fight to be Heard at National Party Conventions
In the lead-up to the 2008 Republican National Convention (RNC) in St. Paul, Minn. and the Democratic National Convention (DNC) in Denver, groups planning to demonstrate at the events were unsuccessful in their lawsuits challenging parade routes and public demonstration zones that they argued unfairly restricted their rights to be seen and heard.

Access: Minnesota Supreme Court Holds Hearing on Cameras in Courts
The Minnesota Supreme Court heard arguments July 1, 2008 from an advisory committee and a number of proponents and detractors of a proposed change in the state’s rules that would make it possible for news media cameras to gain access to the state’s district courtrooms.

International: Media, Free Press Advocates Say Beijing Game Organizers Backed Away from Promises
Journalists and free press advocates criticized organizers of the 2008 Beijing Olympics when it became apparent a few days before the games were set to begin that some Web sites were blocked on the Internet service provided to members of the media.

International: Roundup: Russian Media Feel Pressure from Kremlin
Claims of increasing media censorship in Russia have focused on the impromptu closing of a newspaper that often lampooned political leadership, the June 2008 “extremism” conviction of two journalists, and accusations of a television talk show “blacklist” — all of which were said to be politically motivated.

International: Charges Filed in Politkovskaya Murder, Killer Still at Large
Russian authorities have brought charges against several men in connection with the October 2006 murder of revered journalist Anna Politkovskaya, while her killer is said to be hiding in Western Europe and an investigation into the organization of the suspected contract killing is ongoing.

New Media: 5th Circuit Holds MySpace Not Responsible for User Misuse
The 5th Circuit U.S. Court of Appeals ruled May 16, 2008 that a federal law shielded the Web site MySpace from liability for the sexual assault of a Texas girl who met the man who assaulted her via the popular social networking site.

Copyright: Campuses See Upswing in Copyright Infringement Notices
Colleges and universities reported a surge in copyright infringement notices from the Recording Industry Association of America (RIAA) in spring 2008 amid increasing criticism of the association’s methods of tracking online piracy.

Copyright: AP Challenges Web Sites over Fair Use, Limits Still Unclear
The Associated Press’ (AP) most recent attempt to protect its news content from online copyright infringement created an uproar in the blogosphere.

Copyright: Update: TorrentSpy Ordered to Pay Over $110 Million in Damages to MPAA
A May 5, 2008 ruling by Judge Florence-Marie Cooper of the U.S. District Court of the Central District of California placed a permanent injunction on the file sharing Web site TorrentSpy, and awarded the plaintiff motion picture studios statutory damages of $110,970,000 — or $30,000 each for 3,699 infringements — plus court costs.

Student Media: 2nd Circuit Rules School Can Punish Teen for Online Criticism of Administrators
A federal appeals court ruled May 29, 2008 that school officials did not violate a Burlington, Conn. high school student’s First Amendment rights in denying her the position of class secretary after she posted a personal blog entry calling school administrators “douchebags” and encouraging readers to voice their displeasure with them.

Student Media: Student Media Roundup: In California, Student Journalists and Principals Clash, Legislators Pass Media Adviser Protection Bill
Two California high school principals threatened their school newspapers after they disagreed with students’ editorial choices in spring 2008.

Libel: New York Law Protects Authors from Libel Tourists
New York Governor David Paterson signed a bill April 30, 2008 that grants statewide protection to writers and publishers convicted of libel in foreign courts.

Media Ethics: Washington Post Reporter Loses Job over Blog
A Washington Post staff writer lost his job in April 2008 after he revealed he was also writing for an unrelated sports blog.

Silha Center News: Guardian Readers’ Editor Butterworth to Deliver Silha Lecture
Who is a journalist?  What is “responsible journalism?”

Silha Center News: Drechsel Named Silha Visiting Fellow
The Silha Center for the Study of Media Ethics and Law has announced that it will welcome Silha Visiting Fellow Professor Robert Drechsel for the fall 2008 semester.

Silha Center News: Silha Fall Forum Will Address FCC Cross-Ownership Rules
On Thursday, Oct. 23, 2008, the Silha Center for the Study of Media Ethics and Law will present a special Fall Forum addressing media cross-ownership featuring Rosemary Harold, Deputy Chief of the Media Bureau of the Federal Communications Commission (FCC).

Below is the Table of Contents for the Spring 2008 edition of the Silha Bulletin.  Click on the title to read the full article.

 

Bulletin Spring 2008
Volume 13, Number 3
Download full text (pdf)

Cover Story: ‘Preferred Position?’ The Reporter’s Privilege in the 21st Century and Beyond
Is there any institution the American public loves to hate more than the news media?

Article: Silha Bulletin Guide to Journalist’s Privilege: Federal Privilege Question Is Facing a Crossroads
In mid-April 2008, as the U.S. Congress was poised to consider passing the “Free Flow of Information Act of 2007,” a federal law that would, in a limited fashion, protect journalists from compelled disclosure of confidential sources or information by courts, prosecutors, or parties in lawsuits, the frontrunner candidates in the 2008 presidential race  announced their support for the legislation.

Access: Federal ‘Sunshine’ Laws Move Closer to Passage
Two “sunshine” bills designed to make federal courts more open to the public by providing for cameras in courtrooms and reducing the number of sealed cases and settlements continued their journey through Congress when the Senate Committee on the Judiciary approved both bills on March 6, 2008.

Access: Revised MLB Press Credential Agreement ‘May Be Satisfactory’
The Associated Press Sports Editors (APSE) accepted Major League Baseball’s credential agreement April 8, 2008 after nearly six weeks of negotiations concerning game photos and video clips posted on the Internet.

Media Ethics: Times’ Story about Military Analysts Makes Ripples, Not Waves
An April 20, 2008 New York Times story revealed that the Pentagon encouraged so-called military analysts to put a positive spin on news coverage of the Iraq war.

Media Ethics: Los Angeles Times Retracts Story Based on Fake Documents
A Los Angeles Times story published in March 2008 that purported to have new information about a 1994 attack that helped launch a bloody bicoastal war among high-profile rappers was found to be based on faked FBI documents and questionable sources, embarrassing the newspaper as it retracted and apologized for the story.

New Media: Federal Court Decisions Add Uncertainty to Internet Law
Two spring 2008 cases asked federal courts to interpret a law designed to limit the liability for Internet service providers when their users engage in prohibited speech online in the context of federal fair housing standards. 

New Media: Federal Court Upholds Rejection of Minnesota Video Game Law
On March 17, 2008, a three-judge panel of the 8th Circuit U.S. Court of Appeals upheld a Minnesota federal district judge’s ruling that a Minnesota law banning minors from renting or purchasing violent video games is unconstitutional.

International Media/Endangered Journalists: China: Prelude to Olympics and Crisis in Tibet Elicit Criticism and Nationalism
Controversy has flared during the prelude to the 2008 Beijing Olympic games as free press advocacy groups have criticized China’s human rights record of media and free speech restrictions.

International Media/Endangered Journalists: Jailed Journalists Feed in Iraq and Zimbabwe; Reuters Cameraman Killed by Israeli Missile in Gaza
Iraqi Associated Press (AP) photographer Bilal Hussein was released by American military officials on April 14, 2008 after two years of imprisonment for allegedly working with insurgents in Iraq.

Student Media: Daily Nebraskan Story Draws Governor’s Office Ire; Federal Judge Finds Virginia Alcohol Ad Restrictions Unconstitutional
Nebraska Governor Dave Heineman’s office considered banning Daily Nebraskan reporters from his press conferences and excluding the student newspaper from a media e-mail list after it revealed in an April 3, 2008 story that a convicted murderer participating in a work-release program is a tour guide at the governor’s mansion.

Libel: U.K. Appeals Court Overturns Restaurant Review Libel Ruling
The Court of Appeal for Northern Ireland overturned a ￡25,000 jury award March 10, 2008 for a Belfast restaurant owner who claimed he had been defamed by an unflattering restaurant review in the Irish News.

Silha News: Forum Explores Journalistic Independence, War and Politics
According to Edward Wasserman, rather than strive to act independently, journalists should find the “ethically permissible” conflicts of interest among contemporary journalism’s necessary dependencies and obligations.

Bulletin Winter 2008
Volume 13, Number 2
Download full text (pdf)

Cover Story: Web Site Fights Off Federal Injunction
Following two weeks of intense scrutiny and widespread condemnation from  media and free speech advocates, a federal judge on Feb. 29, 2008 reversed an order aimed at blocking all access to a Web site devoted to the unauthorized publishing of government and corporate documents.

Subpoenas and Reporter Privilege News: Reporters Fight Federal Subpoenas
Former USA Today reporter Toni Locy faces fines escalating to $5,000 per day for refusing to divulge the identity of confidential sources.

Subpoenas and Reporter Privilege News: State Court of Appeals Sides with Mankato Free Press Reporter on Shield Law Challenge
Reporters for The Free Press of Mankato, Minn. do not have to turn over unpublished notes to police because the county attorney seeking the notes failed to prove a specific injustice could only be avoided through disclosure of the notes, the Minnesota Court of Appeals ruled Dec. 24, 2007.

Subpoenas and Reporter Privilege News: St. Paul Police Secretly Subpoena Reporter’s Cell Phone Records
St. Paul (Minn.) police secretly seized a reporter’s cellular phone records from his service provider in June 2007 in an apparent effort to find out who gave the reporter an arrest report.

Subpoenas and Reporter Privilege News: Reporter Shield Law Update
A new rule adopted by the Utah Supreme Court and bills under consideration in Hawaii and the U.S. Senate offer protection to journalists and their confidential sources from compelled disclosure, but some say they leave lingering questions about exactly how, and to whom, they will be applied.

Access: President Signs, then Rewrites, OPEN Government Act
President George W. Bush signed the Openness Promotes Effectiveness in our National (OPEN) Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524, on Dec. 31, 2007.

Access: Prisoner’s Challenge of Death Row Access Ban Moves Forward
The 7th Circuit U.S. Court of Appeals ruled Jan. 15, 2008 that an Indiana prisoner on death row can continue a suit seeking to overturn a U.S. Bureau of Prisons rule that bars all face-to-face media interviews with death row inmates.

Access: Minnesota Advisory Committee Resists Cameras in Courts
What had seemed to be cautious support for rule changes that would allow increased electronic media access to Minnesota courtrooms faded quickly in the face of critical testimony from local prosecutors, defense attorneys, and victims’ advocates at a January hearing before the Minnesota Supreme Court Advisory Committee on General Rules of Practice.

Access: Media Reports Raise Questions over Court Records Access
News reports on sealed case files and court records have shed light on how many documents are kept from public view, and led officials in some jurisdictions to reconsider when and how such information is sealed.

Access: Rules Restricting Photographers Draw Criticism
Filmmakers and photojournalists said new rules proposed in 2007 by both the U.S. Department of the Interior and the New York City Mayor’s Office of Film, Theatre, and Broadcasting might hamper press freedom and stifle speech.

FCC News: FCC Changes Cross-Ownership Rules Amid Intense Criticism
In a 3-2 vote along party lines, the Federal Communications Commission (FCC) approved new media ownership rules on Dec. 18, 2007 that would allow more newspaper-broadcast combinations in the largest cities.

FCC News: Temporary Compromise Reached on Cable Regulation
An effort by Federal Communications Commission (FCC) Chairman Kevin Martin to increase his agency’s regulatory power over cable television was turned back in November by strong opposition from fellow commissioners bolstered by cable industry lobbyists.

Election 2008 Issues: FEC Eases Rules on ‘Issue Ads’ Aired Before Elections
The Federal Election Commission (FEC) issued a new rule Nov. 20, 2007 allowing corporations and labor unions to broadcast issue advertisements naming political candidates in the days immediately proceding elections.

Election 2008 Issues: Washington Law on Lies by Politicians Found Unconstitutional
The Washington Supreme Court ruled Oct. 4, 2007 that the state cannot punish political candidates for making false statements about their opponents unless the false statements are also defamatory.

Election 2008 Issues: New York Times Gives Liberal Activist Group a Cheaper Ad Rate
The New York Times came under fire in September 2007 after printing a controversial Moveon.org advertisement at a reduced rate.

Election 2008 Issues: Kucinich Loses Battles to be Included in Debates
One hour before a Jan. 15, 2008 Las Vegas debate featuring presidential candidates from the Democratic Party, the Nevada Supreme Court ruled that MSNBC is free to bar Ohio Congressman and presidential candidate Dennis Kucinich (D-Ohio) from participating.

Media and the Iraq War: War Zone Remains Dangerous for Western, Iraqi Journalists
Nearly five years after the U.S.-led invasion of Iraq was launched in 2003, journalists continue to face dangerous reporting conditions in Iraq.

Media and the Iraq War: U.S. Brings Terrorism Case Against AP Photographer in Iraq
Associated Press (AP) photographer Bilal Hussein, held without charges by the U.S. military for over 20 months, received his first criminal hearing before an Iraqi investigative magistrate on Dec. 9, 2007 in Baghdad.

Endangered Journalists: In the Midst of Crisis, Musharraf Cracks Down on the Press
Pakistani President Pervez Musharraf’s crackdown on domestic and foreign journalists following the imposition of a state of emergency in Pakistan in fall 2007 has showed no signs of abating even during the Feb. 18, 2008 parliamentary elections that resulted in a resounding defeat for Musharraf’s party at the polls.

Endangered Journalists: Journalists in Afghanistan, Niger, Iran Face Death Sentences
A 23-year-old Afghan journalism student was sentenced to death Jan. 22, 2008 for downloading a document from an Iranian Web site that questions the role of women in Iran.

Endangered Journalists: Yahoo, Chinese Journalists’ Families Settle Suit
Censorship of the Internet in China continues to stir controversy and provoke legal challenges from free speech advocates.

Student Media: Internal, External Challenges at Colorado State, Loyola
The Colorado State University (CSU) student newspaper, The Rocky Mountain Collegian, faced challenges in September 2007 for a controversial editorial and in January 2008 for a proposed buyout by Gannett.

Student Media: Appeals Court Upholds Dismissal of Former Dean’s Libel Suit Against St. Cloud State Student Paper
On Jan. 25, 2008, a Minnesota Court of Appeals affirmed a lower court’s grant of summary judgment in a libel suit filed by a professor and former dean at St. Cloud State University, finding in favor of the university’s student newspaper, the University Chronicle.

Copyright/Publicity: Studios Win Copyright Judgment Against File Sharing Web Site
In December 2007, a federal district court judge in Los Angeles held a Web site that facilitates the online downloading and exchange of copyrighted movies, television shows, and music liable for copyright infringement in a suit brought by six member studios of the Motion Picture Association of America (MPAA).

Copyright/Publicity: New State Legislation Protects Dead Celebrities’ Rights
On Oct. 10, 2007, California Governor Arnold Schwarzenegger signed into law 2007 Cal. Stat. ch 439, otherwise known as the “Dead Celebrities Bill.”

Free Speech: St. Paul Police Create New Guidelines for Investigating Protest Groups
The St. Paul, Minn. Police Department has adopted new guidelines for investigating and gathering information on protest groups.

Free Speech: U.S. District Court Rules Against Funeral Protesters
A federal district court ruling in October fueled a debate about whether restricting protesters from picketing at funerals violates the First Amendment.

Libel/Defamation: New York High Court Rules in Libel Tourism Case
The New York Court of Appeals, the state’s highest court, ruled Dec. 20, 2007 that author Rachel Ehrenfeld could not continue her suit seeking to enjoin enforcement of a 2004 British libel judgment against her.

Media Ethics: Faculty at Major Journalism Schools Face Allegations of Plagiarism, Fabrication of Quotations
Recent allegations of plagiarism and fabrication leveled against journalism school scholars by students have ignited heated debate in the news industry over the definition of plagiarism and appropriate punishments for such transgressions.

Media Ethics: Cartoonists, Romance Novelist, Sex Columnist Caught Plagiarizing
Plagiarism problems plagued a variety of media in the fall and winter of 2007 and 2008, raising similar ethical dilemmas for cartoonists, romance novelists, and sex columnists and their editors.

Media Ethics: New York Times’ McCain Story Draws Criticism, Support
An article about Republican presidential nominee Sen. John McCain’s (R-Ariz.) relationship with a female lobbyist published in The New York Times on February 21 prompted an immediate backlash from the McCain campaign and media commentators who raised questions about the Times’ ethics and its use of confidential sources.

Media Ethics: Plans to “Monetize” News Content Raise Ethics Concerns
As news organizations seek innovative ways to boost slumping advertising revenue, journalists and commentators have spoken out when they believe the new advertising and content sponsorship plans cross ethical lines.

Media Ethics: At White House Behest, New York Times Withholds Story
The New York Times reported in a Nov. 18, 2007 story about U.S. efforts to aid Pakistan nuclear arms security that some details of the story had been held for more than three years at the request of the Bush administration.

Media Ethics: U.K. Television Network Fined Big for Fake Phone-in Contests
On Dec. 20, 2007, the British Office of Communications (Ofcom) fined television station Channel 4 one and a half million pounds for phone-in competitions that were conducted unfairly.

Media Ethics: Forum Addresses Ethics Question for Online Journalism
Standards of ethics in the emerging realm of online journalism was the topic of a forum held at Minnesota Public Radio’s (MPR) UBS Forum in downtown St. Paul on Feb. 25, 2008.

Below is the Table of Contents for the Fall 2007 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Fall 2007
Volume 13, Number 1
Download full text (pdf)

Cover Story: Reporters Ordered to Testify and Reveal Government Sources in Hatfill Case
Two federal district judges have ordered six journalists to disclose their confidential government sources in Dr. Steven J. Hatfill’s federal Privacy Act lawsuit against the government.

Reporter Privilege News: House Passes Federal Reporter Shield Law
On Oct. 16, 2007, the U.S. House of Representatives voted overwhelmingly in favor of the Free Flow of Information Act, a bill that would establish for the first time a federal privilege for reporters and their confidential sources.

Reporter Privilege News: Judge Rules Reporters Need Not Testify in Murder Case
A State Supreme Court judge in Brooklyn, N.Y. ruled on Sept. 12, 2007, that two newspaper reporters will not be compelled to testify in a murder case against the parents of the victim.

Reporter Privilege News: Reporters Arrested, Released after Printing ‘Grand Jury Secrets’
The founders of The Phoenix New Times, an alternative weekly newspaper, were arrested Oct. 18, 2007 for publishing a story about an ongoing grand jury investigation.

Media Access/FOIA: California High Court Decision a Win for Public Access to Government Employees’ Salaries
California’s highest court ruled Aug. 17, 2007 that public employees have no reasonable expectation of privacy in their annual salaries, limiting two lower court decisions that had raised questions about whether salary information was public.

Media Access/FOIA: Minnesota Considers Cameras in Trial Courtrooms
The Minnesota Supreme Court Advisory Committee on General Rules of Practice considered a proposal to improve electronic media access to courtrooms at two meetings this fall.

Media Access/FOIA: Court Access: Federal Law Would Allow Cameras in U.S. Courts
The House Judiciary Committee passed the Sunshine in the Courtroom Act (H.R. 2128) Oct. 22, 2007, despite a lukewarm reception from federal judges and prosecutors at a September 27 committee hearing..

Media Access/FOIA: Court Access: Connecticut Newspaper Publishes Details About Jurors Defends Its Decision 
The (Bridgport) Connecticut Post has defended itself against criticism for publishing personal information about 18 jurors and alternates in a story about a high profile murder case in the region.   

Media Access/FOIA: Court Rules President Johnson’s CIA Briefings Can Remain Secret
A federal appeals court ruled on Sept. 4, 2007, that the Central Intelligence Agency (CIA) may refuse to grant public access to briefings it gave to President Johnson over 40 years ago.

Media Access/FOIA: Two States Propose Changes to Access to Prisons for Media
Prison officials in California and Rhode Island have proposed new regulations that would significantly alter the news media’s access to prison inmates in their respective states. 

Media Access/FOIA: New CIA Rules for FOIA Fees Give Bloggers a Price Break
The Central Intelligence Agency (CIA) announced effective July 18, 2007 that when processing Freedom of Information (FOIA) requests, it would redefine the term “news media” to include bloggers.  

Media Access/FOIA: Off-the-Record NSA Seminars Meant to Help Reporters Keep National Security Secrets
The National Security Agency (NSA) reportedly hosted “off-the-record” seminars for journalists between 2002 and 2004 to limit intelligence leaks and to caution reporters about revealing information about the agency’s electronic surveillance work.  

Media Access/FOIA: News Organizations Fight Limits on Access to Sports Events
News organizations are battling for the ability to report independently and objectively as major sporting events have sought tighter control over coverage and placed limits on news gathering.

Media Access/FOIA: Illinois Press Association Sues High School Sports Association Over Image Controls 
The Illinois Press Association (IPA) filed a lawsuit against the Illinois High School Association (IHSA) on Nov. 1, 2007 over new rules that limit access for photographers at the Illinois High School state football tournament and limit the use of the images from state sports tournament events. 

FCC News: FCC Fines ‘Fake News’ Produced by Undisclosed Sponsors
For the first time ever, the Federal Communications Commission (FCC) has proposed fines against a cable television company for failing to disclose to viewers that segments it aired as news were actually produced by corporations. 

FCC News: Cable Companies Fined for Airing Paid-for Punditry
The Federal Communications Commission (FCC) has proposed fines totaling $76,000 against two cable companies for failing to disclose that segments they aired featuring conservative pundit Armstrong Williams had been sponsored by the U.S. Department of Education.

Media and the Iraq War: Truth of ‘Baghdad Diarist’ Stories Challenged
The New Republic has said it stands behind most of the claims made by its “Baghdad Diarist,” an American soldier in Iraq writing under a pseudonym, despite a proven mistake, military denials, and criticism from conservative bloggers.

Media and the Iraq War: U.S. Confiscates AP Footage at Scene of Baghdad Bombing, Detains Photographer, Citing Iraqi Law
The U.S. military detained Associated Press (AP) photographer Ayad M. Abd Ali Oct. 3, 2007, and held him handcuffed and blindfolded for 40 minutes after he was found filming the aftermath of a car bomb attack in Baghdad.

Privacy: Ohio Supreme Court Recognizes False Light Claim
A dispute between neighbors led the Ohio Supreme Court to recognize the tort of false light invasion of privacy June 6, 2007.  

Defamation/Libel: Illinois Paper Apologizes, Settles Civil Rights Suit Against State Chief Justice Who Sued It for Libel
An Illinois community newspaper and the state high court’s chief justice struck a settlement agreement Oct. 10, 2007 over a libel suit, under which the newspaper apologized, agreed to drop a federal civil rights suit it had filed, and will pay a reduced award of $3 million to the judge. 

Defamation/Libel:  ‘Libel Tourism’ Suit Leads Publisher to Destroy Book on Terrorism Funding, Pay Damages and Apologize
British Libel laws that favor plaintiffs led one publisher to destroy unsold copies of a book about terrorism financing and to ask librarians to pull it from shelves despite the authors’ complaints that “libel tourism” will chill important scholarship.

Defamation/Libel: British Court Extends ‘Reynolds Privilege’ to Publishers
The British Court of Appeal for England and Wales extended qualified protection from libel suits for the authors and publishers of books on Oct. 11, 2007, ruling that they enjoy a qualified privilege so long as they act responsibly.

Defamation/Libel:  Time Magazine Contests Defamation Ruling for Former Indonesian Dictator
Lawyers for Time magazine said they will contest a $106 million libel judgment handed down by Indonesia’s highest court to former dictator Suharto Aug. 31, 2007.

Endangered Journalists: Newspaper Settles Dispute Over Seizure of Newsroom Computer and Equipment
Police in New Castle, Pa. seized a computer and several recording devices from the New Castle News on July 25, 2007, saying they were used to record telephone conversations illegally with two local public officials.

Endangered Journalists: China Failing to Deliver on Pre-Olympics Press Freedom Promises According to NGO’s Reports
China promised foreign journalists more freedom to report this year in the prelude to the 2008 Olympic Games in Beijing, but recent reports issued by human rights organizations Human Rights Watch and Amnesty International conclude that these promises remain largely unfulfilled.  

Endangered Journalists:  Russia: Politkovskaya Investigation Continues; Reporter Detained for Alleged Extortion
The media’s relationship with the government in Russia remains uneasy.

Endangered Journalists: International Roundup: China, Burma, Zimbabwe, Iran
Zhao Yan, a Chinese research assistant for The New York Times, was released from prison in China in September 2007 after serving three years for a fraud conviction.

Copyright: Artists Challenge Copyright Extension Law
A recent decision in the 10th Circuit U.S. Court of Appeals may have provided a reprieve for artists, musical conductors, and educators affected by two federal statutes passed in the 1990s which extended copyright protection to works formerly in the public domain and resulted in hefty rental fees.

Copyright:  Music Industry Wins First Internet Piracy Case
A jury levied a $222,000 fine against a Brainerd, Minn. woman on Oct. 5, 2007 in the first-ever trial over the downloading and sharing of copyrighted music.

Media Ethics: Star Tribune Publisher Barred for One Year, Unlikely to Return
Ramsey County (Minn.) Judge David C. Higgs ruled Sept. 18, 2007 that publisher Par Ridder must leave the Minneapolis Star Tribune for one year.

Media Ethics: Senator Craig Airport Scandal Prompts Questions of Journalism Ethics in Covering Politicians’ Personal Lives
The scandal surrounding Sen. Larry Craig’s arrest and guilty plea on disorderly conduct in a Minneapolis-St. Paul International Airport restroom led some to raise ethics questions about media coverage of politicians’ personal lives.

Media Ethics: News Consultant Linked to Bogus Interviews
A frequently-cited expert source on terrorism and national security and former consultant to ABC News was discredited after interviews with a host of high-profile figures he had contributed to a French political magazine were proven to be fakes.

Media Ethics: FEMA Holds Press Conference . . . For Itself
A press conference the Federal Emergency Management Agency (FEMA) held on Oct. 23, 2007 praising its own response to the wildfires in Southern California lacked a key attendee: the press.

Media Ethics: Mohammed Cartoons Draw International Ire
The publication of cartoons featuring the Muslim prophet Mohammed led to death threats against a cartoonist and editor in Sweden and landed several journalists in Algerian court.

Media Ethics: Cartoonists Cause Community Controversy Across the Country
In September and October 2007, cartoons in one city newspaper and three student newspapers were called offensive for their content and messages.

Silha Events: 2007 Silha Lecture Focuses on Media Violence Regulation
Attempts to legislate violence on television and video games are likely to continue, even though “the kids are all right,” according to the 2007 Silha Lecturer.

Below is the Table of Contents for the Summer 2007 edition of the Silha Bulletin.  Click on the title to read the full article.

Silha Bulletin Summer 2007
Volume 12, Number 4
Download full text (pdf) 

Cover Story: Second Circuit Strikes Down FCC’s ‘Fleeting Expletives’ Rule as ‘Arbitrary and Capricious’ 
A three ­judge panel of the Second Circuit U.S. Court of Appeals in New York overturned a Federal Communications Commission (FCC) indecency ruling against Fox Television, finding that the Commission’s new policy against one-­time, unscripted use of expletives is “arbitrary and capricious” under the Administrative Procedure Act. 

FCC News: FCC Releases Report on Television Violence; Critics Challenge Conclusions and Recommendations on Various Grounds 
A long-­awaited Federal Communications Commission (FCC) report, released April 25, 2007, said that research shows a connection between television violence and children’s aggressive behavior, and recommended that Congress act to limit how much violence children are exposed to on television. 

FCC News: Food Advertisers Phase out Marketing to Kids after Agencies, Lawmakers Suggest Government Regulations 
Pressure from Washington D.C. over their role in contributing to obesity in children has driven food companies to create new, stricter rules on advertising. 

Silha Events: Attorney, FCC Expert Robert Corn-­Revere to Deliver 2007 Silha Lecture on Regulating Television Violence 
Attorney Robert Corn-­Revere will deliver the 22nd Annual Silha Lecture on Monday, Oct. 1, 2007. 

Reporter Privilege News: Proposed Federal Shield Law will go to House Floor; Justice Department and Big Business Offer Criticism 
The latest iteration of a federal reporter shield law, introduced in both the House and Senate, has gained support from media organizations, media advocates and Democrat and Republican lawmakers, but has critics and opponents both in the Bush administration and big business. 

Reporter Privilege News: Roundup: State Lawmakers Consider Privilege Statutes 
Journalists and First Amendment experts testified in support of a proposed reporter shield law at a June 12, 2007 hearing of the Massachusetts Joint Committee on the Judiciary. 

Reporter Privilege News: Update: BALCO Leaker’s Plea Deal Rejected 
The lawyer who admitted leaking grand jury testimony about athlete steroid use to the San Francisco Chronicle was sentenced to 2 1/2 years in prison July 12, 2007. 

Media Access/FOIA: Newspaper’s FOIA Request Granted After Nearly Three Years; Congress Passes Bill to Prevent Similar Delays
The U.S. Marshals Service released 230 pages of documents to the Hattiesburg (Miss.) American on June 13, 2007, nearly three years after the newspaper made its original Freedom of Information Act (FOIA) request. 

Media Access/FOIA: Appeals Court Sides with Newspapers in FEMA Aid FOIA Case 
The 11th Circuit U.S. Court of Appeals ruled June 22, 2007 that the Federal Emergency Management Agency (FEMA) must turn over the addresses of individuals who received disaster relief funds in response to Freedom of Information Act (FOIA) requests. 

Media Access/FOIA: Bill to Exempt British Parliament from FOIA Passes House of Commons, but Unlikely to Become Law 
In a move toward government secrecy in the United Kingdom, the British House of Commons approved an exemption for Parliament from the nation’s Freedom of Information law in May 2007. 

Media Access/FOIA: Montana High Court Rules School District Must Disclose Student Discipline Records; FERPA Does Not Apply 
The Montana Supreme Court ruled in May 2007 that the Cut Bank Pioneer Press had standing to enforce the state’s open meeting laws, and ordered the Cut Bank School District to turn over discipline records related to a 2005 incident. 

Military Access/Free Speech: New U.S. Military and Iraqi Policies Create Challenges for Journalists Working in War Zone 
The U.S. Department of Defense (DoD) and the Iraqi government recently increased restrictions on reporters and photographers, leading some journalists to question whether the changes were motivated by political pressure to hide gruesome images from the public. 

Military Access/Free Speech: Military Internet Regulations Raise Concerns Over American and British Soldiers’ Free Speech Rights 
An update to Army rules on operations security (OPSEC) and a Department of Defense­-wide ban on use of Web sites like YouTube and MySpace have fueled an ongoing debate over soldiers’ use of the Internet to express themselves freely. 

Defamation/Libel: Newspaper, Columnist Sue State Supreme Court Chief Justice in Federal Court 
A small Chicago-­area newspaper and a former columnist have filed a federal civil rights lawsuit against the Chief Justice of the Illinois Supreme Court, arguing that his position and influence in the state court system has denied them a fair chance to appeal a $4 million libel judgment. 

Defamation/Libel: Massachusetts Supreme Court Will Not Reconsider $2 Million Libel Verdict Awarded to State Trial Judge 
The Massachusetts Supreme Judicial Court has refused to reconsider its ruling against the Boston Herald that upheld an award of more than $2 million to a defamed judge. 

Defamation/Libel: New Hampshire High Court Rules Some Police Communication Not Protected by ‘Fair Report’ Privilege 
New Hampshire’s highest court ruled May 1, 2007 that some communication between police officers acting in their official capacity and reporters is not protected from defamation suits by the “fair report” privilege. 

Endangered Journalists: Kidnapped BBC Reporter Released After Nearly Four Months in Captivity; Palestinian Journalists Protested at Parliament 
The captors of BBC reporter Alan Johnston released him to Hamas officials July 4, 2007, 114 days after he was kidnapped in the Gaza Strip. 

Endangered Journalists: Uzbek Journalists Denounce Actions to Avoid Imprisonment 
International concern over the treatment of journalists in Uzbekistan has intensified following the imprisonment and recent sentencing of two Uzbek journalists, Umida Niyazova and Gulbakhor Turayeva. 

Endangered Journalists: Update: Jailed Chinese Reporter Joins Suit Against Yahoo! Inc. 
A Chinese journalist currently serving a 10­-year prison term for disseminating state secrets has joined a U.S. lawsuit that accuses Internet company Yahoo! Inc. of assisting Chinese authorities with abuses of human rights. 

U.S. Supreme Court First Amendment Rulings: In FEC v. Wisconsin Right to Life, Court Upholds As-­Applied Challenge to McCain-Feingold Act 
In a contentious 5 to 4 decision, the U.S. Supreme Court ruled June 25, 2007 that the First Amendment protects a Wisconsin right­-to-­life group’s ability to broadcast issue advertisements naming political candidates in the days and weeks leading up to an election. 

U.S. Supreme Court First Amendment Rulings: In Morse v. Frederick, Court Places Limits on Student Expression 
In a June 25, 2007 ruling, the U.S. Supreme Court said that public school officials do not offend the First Amendment rights of their students when they seek to “restrict student expression that they reasonably regard as promoting illegal drug use.” 

Student Press: Roundup: Lawmakers Protect Student Free Speech and Press 
California court rules school district violated student columnist’s First Amendment rights. 

Student Press: Update: N.J. College Settles with Dropped Student Paper Adviser 
A June 2007 settlement between embattled college newspaper adviser Karen Bosley and her college returned her to teaching journalism classes and handed her $90,000. 

Media Ethics: Personal Relationships Raise Ethics Questions for Broadcast Reporters 
Two local television news reporters have been disciplined for personal relationships they developed with sources they were covering, raising questions about the ethics of such relationships, their disclosure, and the appropriate punishment. 

Media Ethics: BBC Report: Network Should be More ‘Impartial’ 
In a report released on June 18, 2007, the British Broadcasting Corporation (BBC) concluded that it had broken its own guidelines for avoiding bias, and “must become more impartial.” 

Media Ethics: Unusual Washington News Council Report Criticizes Spokane Spokesman­-Review Coverage of Local Project 
On May 5, 2007, the Washington News Council released a report based on an unusual independent investigation into the Spokane (Wash.) Spokesman-­Review’s controversial coverage of a local redevelopment project between 1994 and 2005. 

Privacy News: Full D.C. Circuit Rules McDermott Had No First Amendment Right to Leak Phone Tape Due to Ethics Committee Rules 
In the most recent segment of a 10­-year legal battle, the full panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled May 1, 2007 that the First Amendment does not protect Rep. Jim McDermott (D­-Wash.) from liability for disclosing an illegally recorded audiotape. 

Below is the Table of Contents for the Spring 2007 edition of the Silha Bulletin.  Click on the title to read the full article.

Table of Contents 2007 Spring

Bulletin Spring 2007 
Download full text (pdf) 

Cover Story: Media Coverage of Virginia Tech Shootings Sparks Controversy and Scrutiny 
In the days following the April 16, 2007 Virginia Tech shooting, media outlets scrambled to cover the event from every possible angle.

Reporter’s Privilege News: Freelance Journalist and Blogger Released After 226 Days in Prison 
Freelance journalist Joshua Wolf was released from prison April 3, 2007, after spending 226 days incarcerated for refusing to comply with a grand jury subpoena. 

Reporter’s Privilege News: Washington State Enacts Reporter Shield Law 
In February 2007, the Washington state House of Representatives unanimously (with two lawmakers not voting) passed a shield law granting reporters an absolute privilege for protecting confidential sources, and in March, the state’s Senate followed suit with a 41-7 vote (with one lawmaker not voting) on a similar version of the law. Continue reading 

Reporter’s Privilege News: The New York Times Refuses Opportunity to Discuss Reporter’s Role in Conspiracy to Publish Sealed Documents 
In February 2007, The New York Times declined an invitation offering their reporter Alex Berenson an opportunity to explain his role in what Senior District Court Judge Jack B. Weinstein described as a “conspiracy” to defy a protective order in a recently-settled class action lawsuit that was, at the time of the alleged conspiracy, pending before United States District Court for Eastern New York. 

Reporter’s Privilege News: Judge Orders Mankato Reporter to Disclose Notes from Interview with Man who Took His Own Life After Standoff 
A state district judge in Blue Earth County, Minn. has ordered a reporter for The (Mankato) Free Press to disclose his notes about a telephone conversation he had with a man during a police standoff that ended in the man’s death and the wounding of two police officers. 

Endangered Journalists: International Roundup 
A former Egyptian law student was sentenced to four years in jail after being found guilty of inciting hatred of Islam and insulting Egyptian President Hosni Mubarak in articles that the student posted online under an assumed name. 

International News: Danish Editor Wins Free Press Award 
Flemming Rose, the editor of the Danish newspaper Jyllands-Posten who was at the center of the 2005 controversy over his newspaper’s publication of a controversial series of political cartoons depicting the prophet Mohammed, has been honored with an award from the Danish Free Press Society. 

International News: French Editor wins Lawsuit over Publication of Cartoons 
On March 22, 2007, Phillipe Val, editor of the French satirical newspaper Charlie Hebdo, was acquitted of charges brought against him in a Paris court by Muslim groups for publishing cartoons depicting the prophet Mohammed in his paper. 

International News: Rome II Proceedings Could Decide Venue for Suits 
Efforts by the European Union to facilitate civil litigation between citizens of different member states were frustrated by proposed regulations that would require EU countries to apply the law of other member states when resolving legal claims against the press. 

Defamation/Libel: Tenth Circuit Declines to Strike Down Colorado’s Criminal Libel Law After Finding Student’s Challenge Moot 
In a disappointing decision for criminal libel law opponents, the United States Court of Appeals (Tenth Circuit) in Denver declined to rule on the constitutionality of Colorado’s criminal libel law in an opinion handed down in April 2007, Mink v. Suthers, 2007 WL 1113951 (10th Cir. Apr. 16, 2007)(formerly titled Mink v. Salazar, 344 F. Supp. 2d 1231 (D. Colo. 2004)). 

Defamation/Libel: Iowa Supreme Court Permits Defamation-by-Implication Suit 
In a March 2007 decision, the Iowa Supreme Court allowed a defamation action against a newspaper to proceed despite finding the allegedly libelous statements to be true. 

Privacy: California Supreme Court Permits Invasion of Privacy Suit to Continue Against College Professor 
The California Supreme Court has permitted one claim in an invasion of privacy suit to proceed against a college professor who allegedly misrepresented herself to the plaintiff’s former foster mother in order to acquire information about the plaintiff. 

Media Access: Minnesota Media Organizations Petition State Supreme Court to Create Presumption of Camera Access to Trials 
A consortium of media organizations in Minnesota has petitioned the state Supreme Court for increased electronic access to trials in its state courts. 

Media Access: Pentagon Bars Reporters from Attending Guantanamo Hearings 
Days before the United States was to conduct “combatant status review tribunals” to determine whether prisoners being held at detention facilities in Guantanamo Bay, Cuba were properly classified as “enemy combatants,” the Pentagon announced that reporters would be barred from the hearings. 

Media Access: Judge Rules Classified Evidence in AIPAC Trial Cannot be Kept Secret from Press and Public 
A United States District Court Judge for the Eastern District of Virginia has vetoed a government prosecution proposal that he said would have effectively walled off the public from the espionage trial of two former lobbyists. 

Media Access: Judge Rules Toledo Mayor Cannot Ban Reporter from News Conferences Because he is “Not Objective” 
A federal judge has prohibited the mayor of Toledo from barring a radio reporter from city news conferences. 

Media Access: Massachusetts High Court Rules Public Has No Right of Access to Show-Cause Hearings; Adopts Balancing Test
The Massachusetts Supreme Judicial Court held in March 2007 that the media and public have no First Amendment right to attend a Massachusetts show-cause hearing in Eagle-Tribune Publishing co. v. Clerk-Magistrate of the Lawrence Division of the District Court Dept., Mass., No. SJC-09665 (Mass. 2007).

Media Access: Charges Dropped Against Photographer Who Took Pictures of Voters
Charges have been dropped against a journalist arrested for photographing voters in 2004.

Prior Restraint: Missouri Newspapers Win Prior Restraint Victory After Articles Initially Censored
In March 2007, Presiding Missouri Court of Appeals Judge Patricia Breckenridge overturned a district court order that had required two newspapers to remove articles from their Web sites and prevented them from publishing further information about a confidential attorney-client memo they had obtained regarding the Kansas City (Mo.) Board of Public Utilities.

Plagiarism: CBS News Producer Fired Over “Omission”
A CBS News producer was fired after it was discovered that a segment she had written for the “Katie Couric’s Notebook” video blog was largely copied from a Wall Street Journal column.

Plagiarism: Boston Globe Suspends Reporter Accused of Plagiarism
Shortly after allegations surfaced on the Internet that veteran sportswriter Ron Borges had plagiarized passages of another reporter’s work in his weekly football column, The Boston Globe suspended Borges without pay for two months and barred the reporter from appearing on television and radio broadcasts during his suspension.

Misrepresentation: Award-winning Photojournalist Digitally Altered 79 Photos Submitted to Newspapers, Wire Services
In April 2007, The Toledo (Oh.) Blade announced that one of its former photographers had altered 79 of the 947 photos he had submitted, 58 of which the paper published before discovering the alterations.

Misrepresentation: Writer Amends Apology, Admits Fabricating Entire ‘Monkeyfishing’ Story 
Jay Forman, author of an article about fishing for monkeys off Florida’s Lois Key that was published on Slate.com in June 2001, has changed his story for a third time, saying he made it all up. Continue reading 

Media Ethics: Imus Scandal Sparks a Discussion on Media’s Willingness to ‘Play Along’ with ‘Unconscionable’ Remarks 
A week-long scandal that ended in the firing of radio personality Don Imus prompted a wide-ranging debate about whether journalists and reporters who frequented his show condoned outrageous behavior in order to be part of an elite media “in crowd.” 

Media Ethics: Controversy over Los Angeles Times Editor’s Resignation Following Alleged Conflict of Interest Played out Online 
Los Angeles Times editorial page editor Andrés Martinez resigned on March 22, 2007, saying the newspaper overreacted to a “perception of a conflict of interest.” 

Media Ethics: Former New York Times Reporter Admits Making Payment to Subject of Story 
Revelations that former New York Times reporter Kurt Eichenwald gave the subject of one of his articles $2000 has caused controversy within the journalism community. 

Media Ethics: Pioneer Press Sues Star Tribune After Publisher’s Defection 
The two largest newspapers in Minnesota are embroiled in litigation after the former publisher of the St. Paul Pioneer Press Paul Anthony “Par” Ridder left the Press to take the same job at the (Minneapolis) Star Tribune in March 2007. 

Internet Updates: Popular Web Site YouTube Faces Challenges in U.S. and Abroad 
The popular video Web site YouTube is facing a $1 billion copyright lawsuit from a major media corporation and was blocked in two countries for content that was called insulting to national leaders. 

Internet Updates: Coroner Charged with Conspiring with Reporters to Gain Access to Confidential Information 
On March 26, 2007, a Lancaster County, Penn. coroner faced charges of unlawfully using a computer and conspiring with local reporters to gain access to confidential police information. 

Internet Updates: Former NJ Councilman Files Lawsuit After Being Outed as Anonymous Blogger 
One year after Michael Gallucci was exposed as an anonymous and often incendiary commentator on a Web site hosted by a New Jersey Internet service provider  (“ISP”) with ties to 14 newspapers in the state, the former Teaneck, N.J., councilman filed a lawsuit in a Superior Court of New Jersey.

Internet Updates: Influential Blogger Proposes Code of Conduct for Blogging 
In April 2007, Tim O’Reilly, an influential blogger, book publisher, and conference promoter, who the San Francisco Chronicle called a “central figure in the Web 2.0 world,” proposed a blogger’s code of conduct after another blogger made headlines because of receiving death threats online. 

Silha Events: Silha Forum Examines Media Coverage of Tragedies 
Linda Walker, the mother of the late Dru Sjodin, a University of North Dakota college student murdered in 2003, joined members of the media and the executive director of the Jacob Wetterling Foundation at the Silha Spring Forum, “When Tragedy Strikes, What is the Media’s Role?” 

Silha Events: Local Journalists Discuss Commitment to Objectivity 
In a forum event titled “Without Fear or Favor: Objectivity Revisited,” journalists, scholars and members of the public met at Minnesota Public Radio’s (MPR) UBS Forum in downtown St. Paul on February 26 to discuss one of journalism’s most challenging topics: objectivity. 

Below is the Table of Contents for the Winter 2007 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Winter 2007 
Download full text (pdf) 

Top Story: Wolf Sets Jail Time Record for Refusing to Comply with Grand Jury Subpoena 
Freelance journalist and self-proclaimed anarchist Josh Wolf remains in jail after a judge denied his latest attempt at freedom, and has become the longest-jailed journalist for refusing to comply with a subpoena. 

Reporter’s Privilege News: Attorney Admits Leaking Information to BALCO Reporters 
The government has withdrawn subpoenas issued to San Francisco Chronicle reporters Mark Fainaru-Wada and Lance Williams. 

Reporter’s Privilege News: Libby Trial over Leaked Information Ends in Conviction 
The criminal trial against I. Lewis “Scooter” Libby, the Former Chief of Staff for Vice President Cheney accused of perjury and obstruction of justice in an FBI investigation into the disclosure of former CIA agent Valerie Plame Wilson’s identity in 2003 began in January 2007 and ended in March with a guilty verdict on four of the five charges. 

Reporter’s Privilege News: Wisconsin Circuit Court Rules Journalist’s Privilege Protects Documentary Filmmaker’s Non Confidential Sources 
A Wisconsin Circuit Court Judge ruled in January 2007 that a student documentary filmmaker did not have to turn over hundreds of hours of tape to the state, determining that even information given to a journalist without the promise of confidentiality is protected under the limited state journalist privilege. 

Reporter’s Privilege News: Pennsylvania Court Rules Reporter Need Not Reveal Source 
A Pennsylvania appellate court has ruled that a reporter does not have to reveal the identity of her source used in an article that prompted a defamation lawsuit. 

Reporter’s Privilege News: Supreme Court Rejects New York Times’ Motion to Block Access to Reporters’ Phone Records in Leak Investigation 
In November 2006, the U.S. Supreme Court denied The New York Times’ motion to temporarily prevent the government’s review of its phone records. 

Reporter’s Privilege News: FBI Ends Investigation into Anderson Files 
The FBI has decided to abandon its investigation into the files of deceased investigative reporter Jack Anderson. 

Reporter’s Privilege News: Reporters Excused from Testifying at Military Tribunal 
On Jan. 29, 2007, two reporters were spared from testifying at the court-martial of the first Army officer to publicly oppose the war in Iraq and refuse deployment. 

Reporter’s Privilege News: Judith Miller Testifies in Hamas Funding Trial 
Former New York Times reporter Judith Miller, once jailed for 85 days for refusing to reveal a source to government prosecutors, testified on the government’s behalf in November 2006 in an obstruction of justice trial in Federal District Court for the Northern District of Illinois. 

Media Ethics: Marketing Stunt Causes Terror Scare in Boston 
A marketing stunt gone awry in February 2007 led to the resignation of Cartoon Network’s general manager, Jim Sample, and an agreement that the advertising agency responsible for the stunt and the network’s corporate parent would pay $2 million in restitution to the City of Boston and the Department of Homeland Security in February 2007. 

Media Ethics: CNBC Anchor’s Ties to Former Citigroup CFO Scrutinized 
The most recognizable anchor for CNBC has found herself the subject of controversy, and some have questioned her relationship with the people and entities she covers. 

Media Ethics: “To Catch a Predator” Criticized after Suspect’s Suicide 
Dateline NBC’s popular “To Catch a Predator” series returned to air in January 2007, fueling an ongoing debate over journalism ethics and public service crime coverage. 

Media Ethics: Nancy Grace Sued over Interviewee’s Suicide 
CNN Headline News host Nancy Grace was sued in November 2006 by the family of Melinda Duckett, a woman who committed suicide one day after being interviewed by Grace about the disappearance of Duckett’s son. 

Media Ethics: O.J. Simpson Book, TV Special Canceled Amid Controversy 
O.J. Simpson, who was acquitted in 1995 of criminal charges of murdering his wife, Nicole Brown Simpson and her friend Ron Goldman, returned to the public eye in the fall of 2006 when News Corporation, parent company of HarperCollins and the FOX Network, agreed to publish a book he wrote about the murders and later canceled it. 

Media Ethics: Minneapolis Star Tribune Reviews Writer’s Work for Plagiarism 
Accusations of plagiarism in December led the Minneapolis Star Tribune to review a year’s worth of work by an editorial writer before allowing him to remain on staff. 

Student Press News: High School Paper Told to Remove Photograph or Lose Funding 
A public high school principal in St. Francis, Minn., suspended the school newspaper’s funds and threatened legal action because he found an image that student editors planned to publish was offensive. 

Defamation/Libel: Illinois Supreme Court Justice Awarded $7 Million Libel Judgment Against Newspaper 
After deliberating for nine hours over two days, a jury awarded Illinois Supreme Court Chief Justice Robert Thomas $7 million in damages after finding a Kane County, Ill., newspaper liable for four separate counts of libel against the state’s highest-ranking judicial officer. 

Defamation/Libel: Judges Sue Newspapers for Libel 
The $7 million judgment awarded to Illinois Supreme Court Justice Robert Thomas on Nov. 14, 2006 by a Kane County, Ill. jury for defamatory statements made by a local columnist is one of a number of recent cases across the nation entangling judges and the media, including two notable verdicts that awarded a Pennsylvania Supreme Court justice and a local Massachusetts judge millions of dollars in damages for libel. 

Defamation/Libel: Illinois Supreme Court Upholds Innocent Construction Rule 
In December 2006, the Illinois Supreme Court upheld the “innocent construction rule,” solidifying the state’s status as one of the few remaining jurisdictions where such a rule exists. 

Defamation/Libel: Suit Against The New York Times over Kristof’s Columns about Anthrax Investigation Dismissed 
A federal judge has dismissed a defamation action filed against The New York Times. 

Information Access: New York Sun Reporter Joshua Gerstein Wins FOIA Victory 
On Nov. 29, 2006, Judge Maxine M. Chesney of the United States District Court for the Northern District of California ordered the Department of Defense (DOD), Department of Justice (DOJ), and the FBI to process New York Sun reporter Joshua A. Gerstein’s Freedom of Information Act (FOIA) requests and produce, within 30 days, non-exempt responsive records to his request for information regarding unauthorized disclosure of classified information. 

Information Access: Budget Cuts Lead to Closures, Reduced Access at EPA Libraries 
The Environmental Protection Agency’s (EPA) Library system suffered drastic funding cuts in 2006 and was forced to shut down several of its regional libraries and even its headquarters library. 

Information Access: Washington State Courts Reopen Sealed Records 
After nearly a year of investigative reporting and legal challenges to sealed court records, The Seattle Times says Washington judges and court commissioners are now playing by the rules. 

Endangered Journalists: Russian Spy May Have Been Poisoned for Investigating Journalist’s Death 
Responding to reports that “rogue elements” of Russia’s security forces may be responsible for poisoning former KGB officer Alexander Litvinenko, close acquaintances of Litvinenko publicly accused Russian authorities of targeting the ex-spy because of his investigation into the death of Russian journalist Anna Politkovskaya. 

International Updates: CPJ Urges Defense Department to Release or Charge AP Photographer Detained in Prison Camp 
The New York-based Committee to Protect Journalists (CPJ) urged former Secretary of Defense Donald Rumsfeld to personally investigate the detention of Bilal Hussein, a freelance photographer and Iraqi citizen who worked for the Associated Press (AP) at the time he was taken into custody by U.S. military forces. 

International Updates: Global Internet Censorship on the Rise 
Early results from a forthcoming report conducted by Internet watchdog group OpenNet Initiative (ONI) show that censorship on the Web is spreading and becoming more sophisticated. 

International Updates: International Al-Jazeera Launches English-Language Channel 
After years of speculation and delay, the Arabic broadcasting network Al-Jazeera launched an English-language news channel, Al-Jazeera English (AJE), on Nov. 15, 2006. 

FCC Update: Broadcasters Challenge Indecency Standards 
Television networks and the creative guilds continue to fight the Federal Communications Commission (FCC) over indecency standards and the fines assessed to violators. 

Broadcasting News: Public Broadcasting Facing Drastic Budget Cuts 
President George W. Bush proposed steep budget cuts for public broadcasting in his fiscal year 2008 budget released in February 2007. 

Below is the Table of Contents for the Fall 2006 edition of the Silha Bulletin.  Click on the title to read the full article.
Download full text (pdf)

Top Story: Minnesota Supreme Court Rules Attorney Could Qualify for Journalist’s Privilege 
In September 2006 the Minnesota Supreme Court issued a ruling involving a unique mixture of professional responsibility, defamation and journalist privilege law when it determined that an attorney and judicial candidate had an obligation to cooperate with a Professional Responsibility investigation into comments he made regarding his incumbent opponent. 

Reporters Privilege News: Blogger Ordered Back to Jail for Refusal to Disclose Videotapes 
On September 22, freelance journalist Joshua Wolf returned to jail after a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit denied his appeal of an order compelling him to disclose his videotape of a July 8, 2005 protest in San Francisco to a grand jury. 

Reporters Privilege News: Court Requires BALCO Reporters to Divulge Anonymous Sources or Face Prison; Chronicle also Faces Fines 
A federal court in California has found the San Francisco Chronicle and two of its reporters in contempt of court for refusing to identify anonymous sources used to write a series of articles and a book relating to steroid use in Major League Baseball. 

Reporters Privilege News: Federal Judge Says New York Times’ Kristof Must Disclose Source in Civil Defamation Suit 
A federal judge has upheld an order requiring The New York Times to disclose the identities of anonymous sources used by columnist Nicholas Kristof. 

Reporters Privilege News: Gannett Co. Subpoenaed to Disclose DOJ Source 
A former federal prosecutor has demanded that the owner of the Detroit Free Press disclose the name of an anonymous source cited in a 2004 article. 

Reporters Privilege News: Congress Hears More Testimony on Federal Shield Law 
The United States Senate’s Judiciary Committee held hearings on Sept. 20, 2006 captioned, “Reporters’ Privilege Legislation: Preserving Effective Federal Law Enforcement.” 

Reporters Privilege News: Louisiana Reporter Ordered to Testify at Murder Trial 
A Louisiana state judge has ordered Josh Noel, formerly a reporter for The (Baton Rouge) Advocate and presently with the Chicago Tribune, to testify in the first-degree murder case of Sean Vincent Gillis. 

Newsroom Searches: Pennsylvania Supreme Court Rules Paper Does Not Have to Turn Over its Hard Drives; Demand Held “Unduly Intrusive” 
On Oct. 6, 2006, the Pennsylvania Supreme Court ruled that Lancaster Newspapers, Inc., does not have to turn over two computer hard drives from its newspapers to the Pennsylvania Attorney General. 

Newsroom Searches: Hewlett Packard ‘Pretexting’ Targeted Journalists
Computer and technology corporation Hewlett Packard (HP) kept the media busy throughout the fall, as news of its spying scandal broke. 

Silha Speakers: Geoffrey Stone Predicts First Amendment will Protect Journalists from Prosecution at 21st Annual Silha Lecture 
The “classic conflict” between the government’s legitimate interest in national security and the news media’s legitimate interest in freedom of expression is as old as the United States itself, Prof. Geoffrey Stone told an overflow audience at Cowles Auditorium for the 21st Annual Silha lecture on October 4, 2006. 

Silha Speakers: Judge Rick Distaso, Prosecutor in The People v. Scott Peterson, Visits the School of Journalism and Mass Communication 
Judge Rick Distaso of the Stanislaus County Superior Court in California visited the SJMC on November 29 as part of the “Judges in J-Schools” pilot program, launched this year in only three journalism schools in the United States. 

Endangered Journalists: American Correspondent Who Faced Charges in Sudan Freed 
A Chicago Tribune reporter who spent nearly four weeks in Sudanese custody after being arrested in the war-torn province of Darfur was released on Sept. 9, 2006. 

Endangered Journalists: Famed Russian Reporter Murdered in Contract Killing
Hailed by newspapers internationally as Russia’s “most famous” and “courageous” investigative reporter, Anna Politkovskaya was shot and killed in the lobby of her Moscow apartment building on Oct. 7, 2006. 

Endangered Journalists: Russia’s Supreme Court Overturns Acquittals in Klebnikov Case 
One month after Russian reporter Anna Politkovskaya was gunned down as she entered her Moscow apartment building, the Supreme Court of the Russian Federation overturned the acquittal of two defendants accused of murdering U.S. journalist Paul Klebnikov. 

Endangered Journalists: U.S. Press Freedom Rating Drops 
According to the 2006 Worldwide Press Freedom Index rating, produced by Reporters Sans Frontieres (Reporters Without Borders or RSF), overall press freedom in the United States has declined in the past year. 

Endangered Journalists: Worldwide Media Killings Reach a Record Level 
The number of journalists killed in 2006 while working in war-torn regions of the world reached a record high in September, leading the World Association of Newspapers (WAN) to declare 2006 the deadliest year for journalists since the organization began keeping records in 1997. 

Endangered Journalists: Chinese Journalists Battle Censorship, Yahoo! 
One Chinese journalist accused of leaking state secrets to the foreign press has received a lighter sentence than expected, while another has announced plans to sue Yahoo! for turning him into authorities.   

Media Ethics: Miami Journalists’ Ethics Questioned for Appearing on Government Funded Programs 
Two Miami journalists were fired in September for accepting payment to appear on U.S. government-funded anti-Castro radio and TV programs, raising conflict of interest questions. 

Media Ethics: Some Media Knew about Foley Messages Since 2005 
As the scandal over Rep. Mark Foley’s (RFla.) explicit e-mail and text messages to House pages swept Washington in September, questions swirled over who knew what, when they knew it, and why nothing was said or done. 

Media Ethics: News Council Upholds Sheriff’s Complaints Against Newspaper
At an October 21 public hearing, the Washington News Council upheld most of the complaints of “unfair disparagement” that a disgruntled local sheriff filed against the Seattle Post Intelligencer. 

Media Ethics: Bloggers Uncover Altered Reuters Photos 
Last summer’s controversy over altered photographs of the war in Lebanon spread quickly from the blogosphere to mainstream media and led to closer scrutiny by readers. 

Media Ethics: Pundit Williams Settles with Justice Department 
In October, columnist and pundit Armstrong Williams settled with Justice Department prosecutors and agreed to pay $34,000 over a conflict of interest scandal dating back to early 2005. 

Media Ethics: Jane Pauley Sues The New York Times for Fraud, False Advertising 
In October 2006, former “Today” show and “Dateline NBC” co-host Jane Pauley sued the New York Times Co. and DeWitt Publishing in a “he said, she said” case involving whether the television journalist knew she was being interviewed for an advertising supplement for drug companies rather than a news article on mental health. 

Media Ethics: Danish Court Rules Mohammed Cartoons Are “Not Offensive”
A lawsuit filed against the Danish newspaper Jyllands-Posten for its publication of political cartoons depicting the prophet Mohammed in October 2005 was settled on October 26, 2006 in the City Court of Aarhus in Denmark. 

Internet Updates: Internet Roundup 
Texas judge says one-year statute of limitation applies to articles on Internet. 

Internet Updates: Canada Refuses Request to Block American Web Sites Containing Hate Speech 
In August 2006, the Canadian Radio-television and Telecommunications Commission (CRTC), a government agency comparable to the United States’ Federal Communications Commission (FCC), denied a Canadian’s request to allow internet carriers to block two Web sites run by an American neo-Nazi. 

Defamation/Libel: Britain’s Law Lords Overturn Ruling Against The Wall Street Journal 
In October 2006, Britain’s highest court, the Law Lords, overturned a libel judgment against The Wall Street Journal, in the process strengthening protections for journalists and newspapers against libel suits, provided they can prove the article served the public interest and was reported in a serious and responsible manner. 

Defamation/Libel: CNN and Time “Operation Tailwind” Suits Dismissed 
A federal district court judge dismissed two libel lawsuits brought by U.S. soldiers against the owners of Time magazine and Cable News Network (CNN) in September 2006. 

Privacy: Florida Court Extends Defamation Statute of Limitations to False Light Suits 
In late October 2006, a state court of appeals in Florida reversed an $18.28 million false light invasion of privacy judgment against the Pensacola News-Journal. 

Privacy: Boehner v. McDermott Reheard Before Full D.C. Court of Appeals 
For the fourth time in eight years, the United States Court of Appeals for the District of Columbia Circuit considered whether U.S. Rep. Jim McDermott (D-Wash.) violated federal wiretapping laws by disclosing an illegally-recorded telephone conversation between members of the Republican leadership to the press. 

FOIA Updates: D.C. Court of Appeals Reinstates Records Request Suit Seeking Data on Illegal Immigrants 
The U.S. Court of Appeals for the District of Columbia Circuit has vacated U.S. District Judge Richard J. Leon’s Sept. 28, 2005 decision to dismiss Cox Newspapers’ claims that the Department of Justice (DOJ) improperly withheld records related to a Freedom of Information Act (FOIA) request, 5 U.S.C. § 552. 

FOIA Updates: Georgia Supreme Court Rules Newspaper Can Access Notes from Closed County Meeting 
On July 6, 2006, the Georgia Supreme Court ruled that a closed meeting of the Decatur County commissioners and their subsequent refusal to disclose documents from that meeting violated the state’s open meetings and open records acts. 

FCC Updates: FCC Investigates Video News Releases 
The Federal Communications Commission (FCC) sent letters to 42 holders of 77 television broadcast licenses in August 2006, asking whether their stations had properly labeled “video news releases” and identified their source and sponsorship prior to broadcast as required by a unanimous April 2005 ruling by the five-member Commission. 

FCC Updates: FCC Backtracks on Some Indecency Rulings, Continues to Pursue Others in Court 
On Nov. 7, 2006, the Federal Communications Commission (FCC) backtracked on some of its previous decisions that television networks had aired indecent material. 

FCC Updates: FCC Reopens Public Debate on Ownership Rules 
Federal Communications Commissioners listened to public grievances for nearly eight hours at hearings in California, as the FCC considers changes to ownership rules. 

Copyright: Canada’s Supreme Court Rules for Freelancers, Against Newspapers 
In October 2006, the Supreme Court of Canada issued a ruling protecting copyrights for freelance writers. 

Student Press News: Scholastic Journalism Roundup 
It was a landmark fall for student newspapers at Florida State University, South Dakota State University and across California. 

Belove is the Table of Contents for the Summer 2006 edition of the Silha Bulletin. Click on the title to read the full article.
Download full text (pdf) 

Top Story: Major U.S. Newspapers Report On Classified Financial Tracking Program 
Several newspapers, including The New York Times, The Washington Post, The Wall Street Journal, and the Los Angeles Times, ran stories in June 2006 revealing a classified program that tracks international financial transactions as part of the “War on Terror.” 

Media Leaks: Ruling in Lobbyists Case May Carry Implications for Journalists 
Although the case involved lobbyists and not journalists, the ruling in U.S. v. Rosen and Weissman, 2006 U.S. Dist. LEXIS 56443 (E.D. Va., August 9, 2006) has implications that may affect the news media, especially those who face accusations of receiving classified information and disseminating it to others. 

Federal Electronic Surveillance Update: Judge Finds NSA Domestic Wiretapping Program Violates Statutory and Constitutional Law
The first federal court to address the constitutionality of the National Security Agency’s (NSA) domestic wiretapping program, which was authorized by President Bush shortly after the September 11, 2001 terrorist attacks, ordered the executive agency to abandon the program. 

Federal Electronic Surveillance Update: NSA Roundup 
On June 30, 2006, USA TODAY retracted a portion of the National Security Agency (NSA) domestic surveillance story published in May 2006. 

Federal Electronic Surveillance Update: Bush Signs Broadcast Decency Enforcement Act; May Increase Fines for Indecent Programming 
On June 15, 2006, President Bush signed into law the Broadcast Decency Enforcement Act of 2005 (S. 193), which increases tenfold the penalties that television and radio broadcasters can be charged for the transmission of obscene, indecent, or profane language. 

Government Restrictions on Information: FEMA Reconsiders Policy on Media Access To Victims of Hurricane Katrina 
When Baton Rouge Advocate reporter Sandy Davis tried to interview residents of post-Katrina Federal Emergency Management Agency (FEMA) trailer parks in July 2006, she was interrupted by security guards who told her that FEMA regulations prohibited her from speaking with residents. 

Government Restrictions on Information: Reporters Forced to Leave Guantanamo Bay 
Three days after three detainees at the United States military detention facilities on Guantanamo Bay, Cuba committed suicide, the Department of Defense (DOD) informed reporters from the Los Angeles Times, the Charlotte Observer, and the Miami Herald that they were no longer allowed access to the detention center. 

Government Restrictions on Information: New Jersey Media Ban in Prisons Reversed 
New Jersey Acting Prison Commissioner George Hayman reversed a little-known ban on one-on-one interviews in state prisons one day after a Newark paper’s report made it public. 

Government Restrictions on Information: Ohio Mayor’s Restriction of Employees’ Speech Does Not Violate Media’s First Amendment Rights 
On June 27, 2006, the United States Court of Appeals for the Sixth Circuit vacated a district court decision which found that a Youngstown, Ohio mayor had not violated the First Amendment when he ordered city workers not to speak with reporters from a local newspaper. 

Government Restrictions on Information: Federal Court Orders Additional Detainee Photos Released 
On June 9, 2006, United States District Judge Alvin K. Hellerstein ordered the U.S. Department of Defense (DOD) to release 22 additional photographs of detainee abuses in Iraq and Afghanistan to the American Civil Liberties Union (ACLU) in ACLU v. Dep’t of Defense, slip op. 2006 WL 1638025 (S.D.N.Y. June 9, 2006). 

FOIA Updates: FOIA Turns Forty 
July 4, 2006 marked the fortieth anniversary of the signing of the Freedom of Information Act (FOIA).

FOIA Updates: Government Grant to Study FOIA and Security Questioned 
One day after FOIA’s fortieth anniversary, July 5, 2006, USA TODAY reported that the federal government planned to make a $1 million grant to St. Mary’s University School of Law in San Antonio to conduct research “aimed at rolling back the amount of sensitive data available to the press and public through freedom-of-information requests.” 

Reporters Privilege News: Identity of Leaker in Plame Case Revealed 
After nearly three years of speculation, Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War, a book by Michael Isikoff and David Corn, has disclosed that Richard Armitage, Colin Powell’s deputy at the State Department during George W. Bush’s first term, was the as yet unidentified source who revealed the identity of CIA operative Valerie Plame to syndicated columnist Robert Novak and Washington Post reporter Bob Woodward. 

Reporters Privilege News: Court Rules that Libby’s Use of Journalists’ Evidence Must be Limited
In an effort to bolster the defense in his perjury lawsuit, attorneys for former chief of staff for Vice President Dick Cheney, I. Lewis “Scooter” Libby, have subpoenaed numerous reporters and media organizations. 

Reporters Privilege News: Prosecutor May Subpoena New York Times Phone Records 
The U.S. Court of Appeals (2nd Cir.) held in August 2006 that federal prosecutor Patrick Fitzgerald may subpoena the cell phone records of New York Times’ reporters Judith Miller and Philip Shenon from phone companies. 

Reporters Privilege News: Freelance Reporter and Human Rights Activist Not Required To Surrender Notes, Other Documents to City 
A year-long legal confrontation between the City of Chicago and self-proclaimed human rights reporter Jamie Kalven ended in June 2006 when United States District Court Magistrate Judge Arlander Keys quashed the first subpoena issued against a journalist by city officials in recent memory. 

Reporters Privilege News: Court of Appeals Orders Freelance Journalist To Hand Over Videotape 
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled in an unpublished opinion on Sept. 8, 2006 that freelance journalist Joshua Wolf must turn over a videotape he made of a July 8, 2005 protest demonstration in San Francisco. 

Reporters Privilege News: Appeals Court Finds That Bloggers Have Same Protection As Journalists, Newsgatherers 
In May 2006, a California state appeals court unanimously rejected Apple Computer Inc.’s attempt to discover internet bloggers’ confidential sources for a story published online in November 2004 that revealed aspects of the company’s development plans. 

Newsroom Searches: Newsrooms in Alaska Searched Following Fight in Anchorage 
On July 12, 2006, Alaska’s Third Judicial District Court (Anchorage) Judge Jack Smith issued a search warrant permitting police to seize a DVD containing photographs from the newsroom of the Anchorage Daily News, and a videotape from Anchorage’s KTVA-Channel 11. 

Newsroom Searches: Pennsylvania’s Intelligencer Journal’s Hard Drives Seized 
In March 2006, the Pennsylvania Supreme Court declined to reconsider a February 23 ruling finding that the State Attorney General’s Office may examine the contents of four hard drives belonging to reporters at the Lancaster (Pa.) Intelligencer Journal that were subpoenaed as part of an ongoing grand jury investigation. 

Newsroom Searches: Warrant to Search Reporter’s Home Upheld 
On May 30, 2006, the U.S. Court of Appeals (4th Cir.) dismissed a lawsuit by a reporter claiming two Virginia police officers illegally searched and seized objects from his home. 

Copyright Updates: District Court Rules That Companies Editing Movies for Family Viewing Violate Copyright Law 
On July 7, 2006, the United States District Court for the District of Colorado entered a judgment against four companies that had been editing offensive language, violence and sexual subject matter from major motion pictures in order to offer consumers movies free of “objectionable” content. 

Copyright Updates: Settlement Reached in Kazaa Lawsuit 
An Australian company responsible for producing peer-to-peer file-sharing software agreed to pay more than $115 million to members of the entertainment industry in a settlement reached on July 27, 2006. 

Free Speech Stifled: Brigham Young University Professor Fired for Writing Editorial 
Jeffrey Nielsen, an adjunct professor of philosophy at Brigham Young University (BYU) was fired because of a June 4, 2006 guest column published in the Salt Lake City Tribune. 

Free Speech Stifled: Kansas City Royals Attempt to Stifle Reporters 
Major league baseball team the Kansas City Royals revoked the credentials for Bob Fescoe and Rhonda Moss, two radio reporters for competing local stations based in Kansas City, following a contentious press conference on June 8, 2006. 

Libel/Defamation: Anonymous Blogger Sued for Libel 
On Dec. 29, 2005, New School Communications, a St. Paul-based public relations firm, filed a libel lawsuit against a then-anonymous political blogger and the Web site on which the allegedly false and defamatory statements were published. 

Neutral Reportage: Norton v. Glenn Settled 
On July 13, 2006, a settlement was reached in Norton v. Glenn, 860 A.2d 48 (Pa. 2004). 

Internet Updates: Global Online Freedom Act 
A proposed “Global Online Freedom Act of 2006 (GOFA),” H.R. 4780, has received support from international human rights organizations and the European Parliament. 

Privacy News: Minnesota Governor Pushes For Stronger Controls of Personal Information 
On March 2, 2006, Minnesota Gov. Tim Pawlenty announced his intention to push state legislators for statutory changes designed to offer Minnesotans greater protection against the threat of identity theft, fueling a continuing debate in Minnesota politics over the role of government in collecting personal information. 

Media Ethics: Minnesota Attorney General Files News Council Complaint Over Press Inquiries About Gubernatorial Campaign Controversy 
One of Minnesota’s highest ranking government officials attacked a local newspaper for making inquiries into his personal and family life even though it did not actually run a story. 

Media Ethics: Closed Meetings Precede Katie Couric’s Ascent to Anchor of CBS “Evening News” 
CBS “Evening News’” incoming anchor Katie Couric embarked upon a six-city “listening tour” in July 2006 with the official goal of “figuring out how to do stories in a way that are valuable and meaningful and relevant to people,” according to “Evening News” Executive Producer Rome Hartman. 

Media Ethics: Italian Magazine Editor May Face Jail Time For Publishing Diana’s Death Scene Photo 
Editor Umberto Brindani may be facing jail time and a fine after publishing a photo of a dying Princess Diana as well as other details of her death in an early July 2006 edition of the Italian magazine Chi. 

Media Ethics: UK Press Complaints Commission Issues Guidelines to Help Prevent Copycat Suicides 
The Press Complaints Commission (PCC), a self-regulating body established by the newspaper and magazine industries in the United Kingdom, announced new rules designed to help prevent copycat suicides following extensive media coverage of those who take their own lives. 

Below is the Table of Contents for the Spring 2006 edition of the Silha Bulletin.  Click on the title to read the full article.

Download full text (pdf)

Top Story: House Permanent Select Committee On Intelligence Holds Hearings on Information Leaks; Silha Center Director Jane Kirtley Submits Statement 
Leaks of intelligence information play a critical but controversial role in American politics and American journalism.

Government Interference with Speech: Garcetti v. Ceballos
On May 30, 2006, the U.S. Supreme Court ruled that government employees do not have First Amendment protection for speech they make pursuant to their work, a ruling that some critics fear could chill potential government whistle-blowers.

Government Restrictions on Information: NASA Revises Policy on Employees’ Speech 
The National Aeronautics and Space Administration (NASA) unveiled a revised media relations policy for its employees on March 30, 2006, two months after allegations surfaced from several NASA employees that they had felt pressured by the Bush administration and its political appointees within NASA to suppress their views about potentially controversial scientific findings.

Government Interference with the Media: Politicians Attempt to Assert Controls Over Access 
Less than two months after the Fourth Circuit rejected the arguments of Baltimore Sun reporters David Nitkin and Michael Olesker who claimed that Maryland Governor Robert Ehrlich violated their First Amendment rights by instructing public employees and agencies not to talk to them in Baltimore Sun v. Ehrlich, 437 F.3d 410 (4th Cir. 2006), other journalists and media organizations continue to face challenges in reporting on public officials at the state and local level.

Government Interference with the Media: FBI Investigation Includes Sacramento Bee Reporters 
An FBI investigation into how information from sealed court documents was included in stories published during July 2005 in California’s Sacramento Bee has led to the questioning of three of that newspaper’s reporters. 

Government Interference with the Media: Reporters Monitored at Home and Abroad 
Reporters’ calls are being monitored by the U.S. government, according to a May 15, 2006 report by ABC News reporters Brian Ross and Richard Esposito on their blog The Blotter, available online at http://blogs.abcnews.com/theblotter.

Government Interference with the Media: Police Association Posts BOLO Warning Following Correspondent’s Investigative Report 
On March 23, 2006, in response to an investigative report criticizing law enforcement agencies in southern Florida, the Broward County Police Benevolent Association (BCPBA) posted the addresses, dates of birth, and driver’s license numbers of a local television correspondent and a member of an independent watchdog organization on their Web site.

Access to Courts: Previously Redacted Portions of Tatel Opinion in Miller Case Released 
Pursuant to a February 3, 2006 order of the U.S. Court of Appeals for the District of Columbia, portions of a previously redacted judicial opinion in the Judith Miller CIA leak case have recently been released to the general public.

Access to Courts: Media Granted Access to Jury Exhibits in Moussaoui Trial 
On March 22, 2006, in a unanimous ruling overturning a previous order of U.S. District Judge Leonie Brinkema, the U.S. Court of Appeals for the Fourth Circuit granted the media access to all exhibits introduced and provided to the jury during the sentencing portion of Zacarias Moussaoui’s trial.

Access to Information: City of New York Releases September 11 Tapes to New York Times 
On March 31, 2006, the City of New York released to the public 130 calls made to emergency personnel from victims trapped in the World Trade Towers on September 11, 2001.

FOIA News: State Access Laws Trump HIPAA in Ohio Lead Poisoning Case 
An Ohio reporter’s Public Records Act request for state health department citations was granted in March 2006 by the Ohio State Supreme Court in State ex. rel. Cincinnati Enquirer v. Daniels, 844 N.E.2d 1181 (Ohio 2006), in spite of the state’s argument that it sought information protected by the federal Health Insurance Portability and Accountability Act (HIPAA).

FOIA News: TWA Flight 800 Records Will Remain Closed 
In March 2006, the federal courts ruled that two government agencies had no obligation to disclose additional records in two separate Freedom of Information Act (FOIA, 5 U.S.C. § 552) suits regarding TWA Flight 800, which crashed into the Atlantic Ocean off the coast of New York in July 1996.

Shield Law Update: New Federal Shield Bill Introduced 
A federal shield law proposal is making its way to the floor of U.S. Congress.

Shield Law Update: Connecticut Shield Law Passes Legislature 
Connecticut has become the thirty-second state, along with the District of Columbia, to pass a reporter’s shield law.

Reporters’ Privilege News: SEC Changes Policy Regarding Subpoenaing Reporters 
After as many as nine reporters were subpoenaed in an effort to gain information about questionable practices in stock trading earlier this year, criticism led the Securities and Exchange Commission (SEC) to create policy that set limits on subpoenaing reporters in the future.

Reporters’ Privilege News: Missouri Judge Orders Newspaper to Disclose Unpublished Pictures 
In late April 2006, a Missouri judge ordered the Columbia Daily Tribune to disclose over 600 unpublished photos to the parties in a lawsuit concerning the death of a University of Missouri football player.

Reporters’ Privilege News: Settlement Reached in Wen Ho Lee Privacy Case 
In an unusual move on June 2, 2006, five media organizations announced that they had agreed to pay $750,000 in settlement fees to Wen Ho Lee, the scientist who was charged in 1999 with 59 counts of copying classified information onto computer tapes.

Privacy News: Suit Over Internet Content Barred by Privacy Act Statute of Limitations 
The Ninth Circuit Court of Appeals ruled on March 14, 2006 that the Privacy Act’s two-year statute of limitations starts to run from the first publication of Internet content, even if that content remains available online for months after its initial posting.

Defamation News: Defamation Case over Anthrax Mailings Continues 
The Supreme Court refused to grant a request for review by The New York Times in March 2006, and therefore a defamation case against the paper and its columnist Nicholas Kristof will be allowed to proceed.

Defamation News: Appeals Court Upholds Verdict over Editorial in Chanhassen Villager Case 
On March 22, 2006, a Minnesota court of appeals affirmed in part and reversed in part a jury’s decision to award former County Board of Commissioner Chairperson Tom Workman $625,500 in damages for defamatory statements written about him in a Chanhassen (Minn.) Villager editorial.

Media Ethics News: AP Bureau Chief Dismissed 
In March 2006 the Associated Press fired Vermont bureau chief Chris Graff, a 27-year veteran of the organization.

Media Ethics News: Scandal at the New York Post’s Page Six 
In an ironic twist, the New York Post’s Page Six gossip column has become the subject of scandal as one of its reporters, Jared Stern, is under federal investigation for allegedly attempting to extort money from California billionaire Ron Burkle in exchange for protection from negative coverage.

Media Ethics News: New York Times Reporter Received Free Computer Repair Services 
A recent incident involving a weekly New York Times technology columnist, David Pogue, raised ethical questions about whether journalists should be required to pay for the services they review.

Media Ethics News: LA Times Blogger Involved in Controversy Over Anonymous Postings 
On April 20, 2006, Los Angeles Times business columnist Michael Hiltzik admitted to using a pseudonym to post controversial comments on a number of Web sites, including his own company-sponsored Weblog.

Pentagon Inquiry Concludes No Wrongdoing Occurred When P.R. Firm Planted News Stories in Iraqi Media 
The Lincoln Group, a Washington, D.C.-based public relations firm, did not violate military policy by paying Iraqi news outlets to publish articles favorable to the United States, and in some cases written by American troops, according to a Pentagon inquiry.

Sedition Project Gains Pardon for Montanans 
On May 3, 2006 Montana Governor Brian Schweitzer pardoned state citizens who had been convicted under a draconian sedition law enforced in Montana during World War I.

Copyright News: U.K. Court Dismisses Suit Against DaVinci Code Author 
On April 7, 2006, a High Court judge in London dismissed a copyright infringement claim against publisher Random House and author Dan Brown, finding that Brown’s bestselling novel, The Da Vinci Code, had not appropriated ideas from a 1982 non-fiction book.

Endangered Journalists: Freelance Reporter Jill Carroll Released 
On March 30, 2006, just as unaccountably as when they took her 82 days earlier, freelance journalist Jill Carroll’s kidnappers released her.

Student Press: Supreme Court Will Not Hear Hosty Case 
In February 2006, the U.S. Supreme Court declined to hear the appeal of former college journalists who had been told they must submit their work to the dean for approval before going to press.

Silha Center Events: Seth Mnookin Speaks at Spring Ethics Forum 
The concept of news media objectivity is a shifting one, Seth Mnookin, author of Hard News: Twenty-One Brutal Months at The New York Times and How They Changed the American Media, told the audience at the Silha Center’s Spring Ethics Forum, held on May 1, 2006, and entitled “The Customer is Always Right? The Assault on Media Impartiality from the Empowered American Consumer.”

Bulletin Winter 2006 
Download full text (pdf)

Top Story: Controversial Cartoons Lead to Worldwide Concern For Speech, Press Freedom, and Religious Values 
In January 2006, a wave of protests spread through Muslim countries all over the world, some of them violent.

Freedom of Speech:  Church Group’s Protests Spawn Legislation Limiting Demonstrations 
On March 16, 2006, U.S. Senators Evan Bayh (D-Ind.) and Saxby Chambliss (R-Ga.), introduced S.2452 in the United States Congress, a bill that would restrict demonstrations at national cemeteries and military funerals.

Freedom of Speech:  Historian David Irving Found Guilty Under Austria’s Holocaust Denial Law 
British historian David Irving was sentenced on Feb. 20, 2006 to three years in an Austrian jail after pleading guilty to violating domestic laws against denying the existence of the Holocaust.

Government Restrictions on Information: Governor Prevails in Suit Filed by Baltimore Sun 
A Feb. 16, 2006 ruling by federal judge Paul Niemeyer of the Fourth Circuit U.S. Court of Appeals has upheld a lower court’s ruling that Maryland governor Robert L. Ehrlich did not violate The Baltimore Sun’s First Amendment rights when he sent a November 2004 memo to state public information officers ordering them not to speak to David Nitlin, The Sun’s State House Bureau Chief, or Michael Olesker, a Sun columnist.

Government Restrictions on Information: Reclassification Policies Revised at National Archives 
Less than two weeks after The New York Times disclosed the existence of a controversial program aimed at reclassifying documents previously open to the public, National Archivist Allen Weinstein announced a “moratorium” on further reclassifications until an audit could be completed to determine which documents needed to be classified.

Wiretap Updates: Administration’s Domestic Spying Program Raises Constitutional Questions 
“Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials.”

Wiretap Updates: New York Times Held Story About Domestic Spying Program Over a Year 
The New York Times waited for a year to publish an article that finally ran Dec. 16, 2005 which revealed President Bush’s authorization of warrantless domestic eavesdropping by the National Security Agency (NSA).

Freedom of Information Act News: Transcripts of Guantanamo Tribunals Released 
The Associated Press has prevailed in a Freedom of Information Act (FOIA) lawsuit against the Department of Defense (DoD), seeking transcripts from the ad hoc military tribunals of Guantanamo Bay detainees that began in August 2004.

New Justice Alito Addresses the Importance of the First Amendment At Confirmation Hearings 
United States Supreme Court Justice Samuel A. Alito, Jr. highlighted the importance of First Amendment rights during his confirmation hearing, but deflected more specific inquiries about his view on the amendment, leaving open the question of how he would vote as the newest member of the high court.

Internet Updates: Yahoo, Microsoft, Google, and Cisco Systems Criticized For Complying with Chinese Restrictions 
For many Americans, the phrase “Tiananmen Square” brings to mind the June 1989 suppression of student protesters by the Chinese government in Beijing, China.

Privacy News: Federal Appeals Court Finds McDermott in Violation of Wiretap Law 
A 2 to 1 ruling by a federal appeals court panel in Washington, D.C., has found that Representative Jim McDermott (D-Wash.) violated the federal wiretap law, 18 U.S.C. §2511 et seq., when he disclosed a tape recording of a phone conversation involving U.S. House Majority Leader John A. Boehner (R-Ohio) and other members of the Republican Party leadership in 1996 that he had reason to know was illegally obtained.

Privacy News: Free Speech Rights Trump Religious Beliefs in Photography Case 
Erno Nussenzweig, an Orthodox Hasidic Jew, has lost a lawsuit claiming that a picture taken of him by photographer Philip-Lorca DiCorcia and later included as part of an art exhibition and accompanying book was an unauthorized use of his likeness as well as a violation of his religious beliefs.

Defamation News: Survey finds that Simpsons are Better Known than the First Amendment 
A survey conducted by the McCormick Tribune Freedom Museum in January 2006 found that while 72 percent of Americans asked could name one of the rights protected by the First Amendment, only 28 percent could name two or more, just 8 percent could name three or more, and two percent could name four or more.

Defamation News: Appeal in Canadian Libel-Tourism Case Denied 
On Feb. 16, 2006, the Supreme Court of Canada denied an appeal by libel plaintiff Cheickh Bangoura, letting stand an Ontario Appeal Court decision holding that the court did not have jurisdiction to hear the case.

Media Ethics News: Events at Sago Mine Lead to Confusion for Officials, Media
On January 2, 2006, twelve miners were killed after an explosion in the Sago coal mine in Tallmansville, W.Va. Family and friends of the miners had waited a day and a half for news of their loved ones, who had been forced to retreat deep into the mine and wait for rescue.

Media Ethics News: Baltimore Sun Columnist Fired for Plagiarism 
After 27 years of writing columns for The Baltimore Sun, Michael Olesker resigned on Jan. 4, 2006, following allegations that he had plagiarized work from other publications.

Media Ethics News: Author of A Million Little Pieces Criticized for Embellishments 
James Frey’s admission in early 2006 that his best-selling memoir A Million Little Pieces is filled with exaggerations and embellishments sparked a wave of lawsuits from disgruntled readers and raised ethical concerns throughout the publishing industry.

Media Ethics News: Village Voice Reporter Fabricates Events in Cover Story
Senior associate editor Nick Sylvester has been suspended from his position at The Village Voice for fabricating events in a cover story that appeared during the first week of March 2006.

Silha Center Events: Kathleen Hall Jamieson Addresses Problems in Campaign Advertising 
In the contemporary rhetoric of U.S. politics, Kathleen Hall Jamieson fears that our elected leaders have begun to treat facts and truth as malleable objects, she told the audience at a March 7, 2006 forum on “Truth Telling in Campaign Ads.”

Silha Center Events: Panel Discusses “The End of Journalism? Why News Still Matters” 
On Feb. 20, 2006, panelists and speakers gathered at Coffman Memorial Union Theater on the East Bank of the University of Minnesota’s Twin Cities campus to discuss “The End of Journalism? Why News Still Matters.”

Silha Center Events: Silha Forum Focuses on Privacy in E-Mail, Internet Use
Many of the students attending the Silha Forum on March 28, 2006 indicated  by a show of hands that they do not give much thought to how much of their personal information might be accessible to others when sending e-mails or surfing the Internet.

Below is the Table of Contents for the Fall 2005 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Fall 2005 
Download full text (pdf)

Top Story: Accuracy, Privacy Issues Raise Questions for Wikipedia 
Two recent incidents have brought the online encyclopedia Wikipedia under close scrutiny.

Defamation News: John Doe No. 1 v. Patrick Cahill and Julia Cahill
An anonymous blogger’s criticisms of Smyrna, Del. city councilman Patrick Cahill led to an October 2005 ruling by the Delaware Supreme Court that offers significant protection to anonymous online political critics.

Defamation News: Settlement Reached in Price v. Time
On Oct. 19, 2005, Time Inc. announced that it had settled a libel suit filed by Mike Price, former head coach of the University of Alabama football team.

Defamation News: Franklin Prescriptions, Inc. v. New York Times Co.
The New York Times published an article about purchasing prescription drugs over the internet with reckless disregard for its falsity, but is not responsible for damages, the United States District Court of Appeals in the Third Circuit decided on Sept. 12, 2005.

Bill That Would Have Excluded Blogs From FEC Regulation Fails to Gain Votes Necessary for Passage 
The House of Representatives voted 225-182 on Nov. 2, 2005 for a bill that would have excluded blogs, e-mails and other Internet communications from regulation by the Federal Election Commission (FEC), but the tally was short of the two-thirds majority needed to pass it in the expedited form Republican leaders were promoting.

Reporters Privilege News: Judith Miller Resigns from The New York Times
Writing in a Nov. 10, 2005 article that she was resigning because “I have become the news, something a New York Times reporter never wants to be,” Judith Miller, the reporter who spent 85 days in jail rather than reveal her confidential sources in the Valerie Plame leak case, ended her 28-year career with the newspaper.

Reporters Privilege News: Shield Law Update
The Free Flow of Information Act of 2005 continues to progress through Congress since its proposal in July 2005, and members of Congress expressed hope throughout the fall that it might pass.

Reporters Privilege News: Judge in McGraw-Hill Case Enforces Rare Administrative Subpoena; Energy Information Publisher Must Turn Over Data 
The United States District Court for the District of Columbia directed a reporter to reveal confidential sources on Oct. 4, 2005, and also ordered publisher McGraw-Hill to turn over to government regulators data regarding possible manipulation in the natural gas market.

Citizen Journalists Compete with Major News Outlets
Journalists employed by the New York Times Company, Knight Ridder, and the Associated Press have encountered several million new competitors.

Access to Courts: Rhode Island Discards Controversial Draft Proposed Court Rule 
Labeled as a “blanket gag order” by The Providence Journal, Proposed Local Rule of General Application (“PLR Gen.”) 110, court rule that would have affected the U.S. District Court in Rhode Island, has been discarded.

Access to Courts: Cameras in Federal Courtrooms Continue to Spark Debate
United State Supreme Court justices may soon become C-SPAN stars if Congress decides to enact a proposed law that would allow oral arguments to be televised.

U.S. Supreme Court Chief Justice John Roberts Reveals Little on the First Amendment During Confirmation Hearings 
When a First Amendment case comes before the U.S. Supreme Court, Chief Justice John Roberts admits he will have some research to do.

CPB Releases Report on Former Chairman
On Nov. 15, 2005, Kenneth Konz, inspector general of the Corporation for Public Broadcasting (CPB), released a report detailing his investigation into controversial actions of the CPB’s former chairman, Kenneth Y. Tomlinson, who was accused of interjecting partisan politics into public broadcasting.

FOIA Updates: Bush Issues Executive Order to Increase FOIA “Efficiency”
On Dec. 14, 2005, President Bush issued an executive order directing federal agencies to be more efficient in handling requests under the Freedom of Information Act (FOIA).

FOIA Updates: ACLU v. Department of Defense
On Sept. 29, 2005, federal district Judge Alvin K. Hellerstein ordered the release of 74 photographs and three videos which showed abuse of prisoners in Abu Ghraib prison in Iraq.

Copyright News: File Sharing Sites Lose Legal Battles at Home and Abroad
The peer-to-peer sharing site Grokster shut down in November 2005 after reaching a $50 million settlement with MGM Studios, its adversary in the August 2005 Supreme Court case, Metro-Goldwyn-Mayer Studios, Inc. v. Grokster 125 S. Ct. 2764 (2005).

Copyright News: Creation of Digital Libraries Raises Copyright Issues
Digital libraries promoted by Google, Microsoft, Yahoo and others both gained prominence and faced criticism in 2005.

Internet Updates: Yahoo Launches Blog to Cover Conflicts Worldwide 
Yahoo, the global Internet force, has made another step into journalism with the launching of “Kevin Sites in the Hot Zone,” a Website that began in September 2005 with the self-proclaimed goal of covering every armed conflict in the world within a year.

2005 Silha Lecture Features First Amendment Attorney Floyd Abrams 
Journalists have promised confidentiality to sources since before the American Revolution, Floyd Abrams told the audience at the 20th Annual Silha Lecture on Oct. 24, 2005.

Endangered Journalists: Yahoo Assists China in Arresting Journalist
Yahoo admitted in September 2005 that it assisted the Chinese police in identifying a journalist who set up and used an anonymous Yahoo e-mail account to send information that the Chinese government had prohibited to colleagues in New York.

Endangered Journalists: Ukrainian Journalist Murdered
In a chain of events that could rival the complex intrigue of a John Le Carré novel, the Ukrainian government’s 5-year investigation into the 2000 kidnapping and murder of prominent journalist Georgiy Gongadze has reached a milestone.

Student Press News: Ball State Students Win Victory for Public Access 
Students working for the Ball State University newspaper, the Ball State Daily News, won a victory in November 2005, when an Indiana state official, known as the Public Access Counselor, declared that they had a right to publish evaluations of final candidates for the University’s Provost and Vice President for Academic Affairs.

Student Press News:  Florida Alligator Faces Criticism for Cartoon
The Independent Florida Alligator, the University of Florida-Gainesville’s student newspaper, experienced a backlash across campus after publishing a cartoon criticizing remarks rapper Kanye West made during a televised fundraiser on Sept. 2, 2005, attacking President George Bush’s reaction to relief efforts following Hurricane Katrina.

Student Press News:  Student Newspaper Involved in Two-Year Hoax
The Southern Illinois University School of Journalism has taken no disciplinary action against students or faculty involved in a two-year hoax about a make-believe soldier and a role-playing little girl whose “daddy” was away at war.

Student Press News:  High School Paper Wins Fight to Publish Stories About Homosexual Students
Students at East Bakersfield (Calif.) High School, with the help of the American Civil Liberties Union, now have the opportunity to publish articles about homosexual students in their school newspaper, The Kernal.

Student Press News:  Catholic School Bans Select Blogs
Students at Pope John XXIII Regional High School in Sparta, N.J., have been ordered to remove and cease posting diaries discussing the school or their personal lives on the Internet.

Student Press News: Former Adviser Receives High School Press Freedom Award
Four Texas high school students who challenged the validity of a funding strategy for a program aimed at reducing gang violence in DeSoto High School on Nov. 12, 2005, received the 2005 Courage in Student Journalism Award.

Below is the Table of Contents for the Summer 2005 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Summer 2005
Download full text (pdf)

Top Story: Media Repulse Ban on Katrina Coverage
In the aftermath of Hurricane Katrina, Federal Emergency Management Administration (FEMA) officials refused to allow journalists to accompany workers on boat missions to rescue and recover victims and also directed that no photographs of the dead be taken.

Reporters Privilege News: Deep Throat’s Identity Revealed At Last
For years, guessing the real identity of Deep Throat, who had guided Washington Post reporters Bob Woodward and Carl Bernstein to secrets of the Nixon administration and the Watergate break-in, was a popular game among many people interested in American politics.

Reporters Privilege News: New York Times’s Judith Miller Released After 85 Days; Dole Suggests Identities Law Not Violated
After spending 85 days in jail at the Alexandria Detention Center, New York Times reporter Judith Miller was released on Sept. 29, 2005.

Reporters Privilege News: Federal Shield Law Debated in Hearings Before Senate Judiciary Committee
On July 20, 2005, the United States Senate Committee on the Judiciary heard testimony from journalists, congressmen, lawyers, and a professor regarding the proposed federal reporter shield law, also known as the “Free Flow of Information Act of 2005.”

Reporters Privilege News: Concern for Confidential Sources Prompts Cleveland’s Plain Dealer to Withhold Stories
In a column published on June 30, 2005, (Cleveland) Plain Dealer editor Doug Clifton revealed that two stories prepared by his staff and based on leaked documents were being withheld from publication.

Reporters Privilege News: Magazine Reporters Not Protected under Alabama’s Shield Law
The United States Court of Appeals (11th Cir.) ruled in July that Don Yaeger, a reporter for Time, Inc.’s Sports Illustrated, does not have to reveal the name of a confidential source at this time.

Prior Restraint: Proposed District Court Rules Raise First Amendment Concerns
On June 21, 2005, the Rhode Island federal District Court issued a proposed draft of its local rules, which govern the handling of cases and supplement federal rules of criminal and civil procedure.

Access to Government: New Rulings in Cheney and NEPDG Cases Still Restrict Access to Information
Two separate rulings by the U.S. Court of Appeals in Washington, D.C. will keep information related to the work of Vice President Richard Cheney’s energy task force from being disclosed.

Access to Government: Judge Upholds Maryland Governor’s Ban on State PIOs Speaking to Two Baltimore Sun Reporters
On Feb. 14, 2005, Federal District Judge William D. Quarles ruled that Maryland Gov. Robert L. Ehrlich had not violated The Baltimore Sun’s First Amendment rights when he sent a November 2004 memo to state public information officers ordering them not to speak to David Nitkin, The Sun’s State House Bureau Chief, or Michael Olesker, a Sun columnist.

FOIA Update: Gonzales’ Reconsideration of FOIA Policy May Result in Wider Access to Information
U.S. Attorney General Alberto Gonzales said in July 2005 that he would reconsider his predecessor’s policy on the government’s handling of Freedom of Information Act (FOIA) requests, a move that brought applause from many in the press.

Controversial Downing Street Memo Receives Little Coverage in U.S.
On May 1, 2005, The Sunday (London) Times published an article by reporter Michael Smith containing information from a Downing Street memorandum marked “Secret and Strictly Personal” from July 23, 2002, eight months before Iraq was invaded by coalition troops.

Ethical Issues and the Media: Los Angeles Times Issues New Ethics Guidelines
The Los Angeles Times issued a nine-page set of ethical guidelines in July 2005, including new policies on minimizing the use of confidential sources, avoiding conflicts of interest, and writing in precise language, according to an article in the Times.

Ethical Issues and the Media: Miami Herald Columnist Fired After Recording Conversation with Official Who Later Killed Himself
Although Miami Herald columnist Jim DeFede will not face criminal charges for secretly taping a telephone conversation he had with former city official, Arthur Teele, Jr., shortly before Teele’s suicide, the paper’s executive editor has declined to reconsider his decision to terminate DeFede.

Ethical Issues and the Media: Kentucky Public Radio Station Cancels “Writer's Almanac” for Offensive Language
WUKY-91.3, the University of Kentucky’s public radio station, canceled Garrison Keillor’s daily five-minute program “The Writer’s Almanac” for two weeks this summer, due to fears of Federal Communications Commission (FCC) fines for offensive language, according to the Lexington (Kentucky) Herald-Leader.

Ethical Issues and the Media: Washington Post Withdraws Sponsorship of Pentagon “Freedom Walk”
Amid criticism and debate regarding The Washington Post’s planned co-sponsorship of a Department of Defense (DoD)-organized event on September 11, 2005,  the newspaper withdrew its offer of co-sponsorship, which included donating space to public service announcements promoting the event.

Internet Pornography Rulings Raise Concerns About Fourth Amendment Protections
Although the U.S. Court of Appeals for the Second Circuit found fatal flaws in an affidavit that produced a search warrant in a child pornography sting, it nonetheless upheld a conviction on August 18, based solely on precedent set by the same circuit just two weeks earlier.

New Editorial Guidelines, Other Changes at the BBC
The British Broadcasting Corporation (BBC) is undergoing a number of changes due to criticism of its editorial policies and the ongoing review of the BBC’s Royal Charter.

Copyright News: U.S. Supreme Court Rules in Grokster
On June 27, 2005, the U.S. Supreme Court ruled in Metro-Goldwyn-Mayer Studios, Inc., v. Grokster, Ltd., 125 S.Ct. 2764 (2005), and entered the legal battle between Hollywood and peer-to-peer file-sharing software programs.

Copyright News: Jerry Falwell Loses Domain Name Case
Christopher Lamparello may maintain his Web site criticizing Rev. Jerry Falwell, despite the similarity between Lamparello’s domain name and the minister’s trademarked surname, according to a ruling by the U.S. Court of Appeals (4th Cir.) on August 24, 2004.

International Libel: Film Director Roman Polanski Wins Defamation Case
In an unusual libel trial in a British court that included testimony by Polish film director Roman Polanski via video link to avoid extradition, a unanimous jury in Britain’s High Court ruled against American magazine Vanity Fair and awarded Polanski £50,000 (approximately $87,000) in damages.

International Libel: Jurisdiction in Libel Suit Against The Washington Post Online Rejected by Canadian Appeals Court
Ontario’s Court of Appeals ruled on Sept. 16, 2005 that a former United Nations employee cannot sue The Washington Post for defamation in Canada.

Student Press News: Hosty Ruling Could Result in Fewer Freedoms for University Newspapers, Students
The U.S. Court of Appeals (7th Cir.) ruled on June 20, 2005, that a public university administrator could not be held liable for any First Amendment violations that may have occurred when she required that the student newspaper be approved by university officials before being published.

Student Press News: NEA to Increase Education about Student Rights, Available Resources
During its July 2005 national conference, the National Education Association (NEA) resolved to increase education among its members about student press rights and the resources available to protect them.

Bulletin Spring 2005
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Top Story: Judges and Journalists on a Collision Course
The First Amendment to the Constitution guarantees “freedom of the press” — whatever that means.

Reporters Privilege News: Supreme Court Denies Cert. in Miller/Cooper Cases
After the U.S. Supreme Court declined on June 27, 2005 to hear the appeal involving reporters Judith Miller’s and Matt Cooper’s refusal to name their confidential sources in the Valerie Plame controversy, it seemed inevitable that the two reporters would go to jail.

Reporters Privilege News: Wen Ho Lee v. Department of Justice
Four reporters facing contempt charges were ordered on June 29, 2005, by a federal appeals court to reveal their sources or face fines of $500 a day.

Utah Newspaper is Protected by Neutral Reportage And Fair Comment Privileges in Libel Case
On May 5, a three-judge panel of the Utah Court of Appeals upheld a trial court dismissal of a defamation suit brought by Salt Lake resident Barbara Schwarz.

FOIA News: Lawmakers Respond to Increasing Government Secrecy with Amendments to Strengthen FOIA
On March 31, 2005, the U.S. Information Security Oversight Office (ISOO) released its annual report on the status of federal security classification programs.

FOIA News: FOIA Requestors are Charged High Fees by Government Entities
The U.S. government has told a citizen advocacy group that it will have to pay $372,799 in search fees before its Freedom of Information Act (FOIA), 5 U.S.C. §552, request can be processed.

FOIA News: Federal Court Rules Delaware FOIA State Resident Restriction Unconstitutional
On May 13, 2005, U.S. District Judge Joseph J. Farnan, Jr. granted summary judgment in favor of a New York man who claimed that the Delaware Freedom of Information Act (FOIA), Del. Code Ann. tit. 29 §§ 10001-10005 was unconstitutional in Lee v. Minner, 2005 U.S. Dist. LEXIS 8892.

FOIA News: Coffin Photos Released Following FOIA Request
On April 28, 2005, the Pentagon released hundreds of photos of flag-draped caskets of American soldiers, in response to a lawsuit arising from a Freedom of Information Act (FOIA), 5 U.S.C. §552, request by Ralph J. Begleiter, a University of Delaware professor and former CNN correspondent.

FOIA News: Lardner v. Department of Justice
A Washington Post reporter has won a partial victory in requesting government documents about the presidential pardon power.

FOIA News: 911 Tapes Must Be Released Despite Claims of Harm
Neither a written transcript nor an opportunity to review tapes will satisfy the right of the public to have access to full copies of the audio recordings of 911 emergency calls under Ohio state law.

Access to Courts: Minnesota, Florida, and Federal Courts
On May 6, 2005, the Minnesota Supreme Court amended the Rules of Public Access to Records of the Judicial Branch (Access Rules), bringing an end to a process started in January 2002 to allow greater public access to Minnesota court records on the Internet.

Prior Restraint: Tory v. Cochran
On May 31, 2005, the U.S. Supreme Court ruled that an injunction barring a former client from saying anything in public about the lawyer Johnnie Cochran was an unconstitutional prior restraint on speech.

Prior Restraint: Johanns v. Livestock Marketing Association
The Supreme Court ruled on May 23, 2005 that cattle owners in the United States are not exempt from paying a fee that subsidizes government ad campaigns for beef, even if those owners disagree with the content of the ads.

Prior Restraint: Minnesota Blogger Offers Inside Story On Canadian “AdScam” Investigation
Equipped only with a home computer, a modem and some explosive information, a Minnesota blogger has become an unlikely player in Canadian politics.

Prior Restraint: Kennedy Faults Gag Order in Multimedia Holdings Case
Acting in his capacity as Circuit Justice, United States Supreme Court Justice Anthony M. Kennedy denied a Florida news organization’s request to stay two court orders issued in July and August 2004 by the now-retired judge, Robert Mathis.

Prior Restraint: FEC Proposes Rules to Exempt Bloggers From Campaign Finance Law
The Federal Election Commission (FEC), the government agency which enforces federal election law, has issued proposed new rules for overseeing political campaigns on the Internet under the Bipartisan Campaign Reform Act of 2002, Pub. L. 107-155, 116 Stat. 81 (2002), the campaign finance reform law also known as the McCain-Feingold Act.

Prior Restraint: CPB, PBS and NPR Face Controversy Over Funding and Focus of Public Broadcasting
The chairman of the Corporation for Public Broadcasting (CPB) has embroiled the corporation and its two main beneficiaries, the Public Broadcasting Service (PBS) and National Public Radio (NPR) in controversy, after advocating changes in public broadcasting.

Pentagon Launches New Channel
A new channel has joined the line-up of offerings at Time Warner Cable and Dish Network — the Pentagon Channel.

Freelance Writers Achieve Settlement from Big Media
Twenty-one freelance writers joined the National Writers Union (NWU), the Authors Guild, and the American Society of Journalists and Authors (ASJA) to secure up to $18 million in a settlement benefiting thousands of writers whose stories were published online without permission.

Media Ethics Updates: Newsweek Caught in Unnamed Sources Controversy
In a highly publicized incident involving the use of confidential sources, Newsweek magazine came under fire for a report it published in early May 2005.

Media Ethics Updates: “Gannon’s” Presence at White House Briefings Leads to Press Credentialing Questions
For two years, Jeff Gannon regularly attended press briefings by White House press secretary Scott McClellan and President George W. Bush.

Media Ethics Updates: Albom, Free Press Editors Disciplined for Erroneous Column Filed Prior to “Final-Four” Game
On April 1, 2005, as Mitch Albom was working on his nationally-syndicated sports column, he focused on a discussion between two National Basketball Association (NBA) players, Mateen Cleaves and Jesse Richardson, both former teammates at Michigan State University (MSU).

Endangered Journalists: French Journalist Released
A French journalist and her interpreter have been freed after being held hostage for five months in Iraq.

Endangered Journalists: Romanian Journalists Freed
Three Romanian journalists and their translator were released on May 22, 2005 after almost two months' captivity in Iraq.

Endangered Journalists: ABC News Reporter Claims He Was Fired for Refusing to Travel to War Zone
Richard Gizbert, a Canadian journalist who worked for ABC News in London, has sued his former employer in a British employment tribunal, alleging that he was unfairly dismissed for refusing to accept war-zone assignments in Iraq.

Silha Center Events: Silha Forum Addresses Ethics of Shielding Sources
The ethical issues raised when journalists are forced to choose between serving time in jail for contempt or face the consequences of revealing the identity of a source provided the basis for a Spring Forum sponsored by the Silha Center for the Study of Media Ethics and Law: “Confidential Sources: Where Ethics and Law Collide,” on April 27, 2005, in the McNamara Alumni Center on the University of Minnesota campus.

Bulletin Winter 2005
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Top Story: Tribal Officials Limit Media Access In Aftermath of Red Lake Shooting
Following the March 21, 2005 school shootings by sixteen-year-old Jeff Weise at the Red Lake reservation, the Red Lake Band of Chippewa Indians limited media access in an exercise of tribal authority.

Reporters Privilege News: Federal Shield Law Introduced in 109th Congress
New legislation proposed in Congress would shield journalists from being forced to reveal the identities of confidential sources.

Reporters Privilege News: Appeals Court Rules That Reporters Must Testify About Confidential Sources
A unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia ruled on Feb. 15, 2005 that reporters Judith Miller of The New York Times and Matthew Cooper of Time magazine must testify about their confidential sources before the grand jury investigating the leak of CIA agent Valerie Plame’s identity to the press or face contempt.

Reporters Privilege News: Reporters’ Telephone Records Protected From Compelled Disclosure
The telephone records of two reporters for The New York Times are protected from compelled disclosure in a federal probe of possible government leaks.

Reporters Privilege News: Apple Suit Tackles Legal Protections for Bloggers
Lawsuits and subpoenas initiated by Apple Computer have brought the issue of whether Web log writers, or bloggers, will receive the same protections as traditional journalists into the spotlight of a California district court.

Reporters Privilege News: Source Cannot Sue Newspaper for Disclosing Identity
The U.S. Court of Appeals for the Sixth Circuit ruled on Jan. 28, 2005 that The Cincinnati Enquirer cannot be held liable for a former reporter’s identification of a confidential source to a grand jury investigating the criminal conduct of that reporter and his source in unlawfully obtaining access to the telephone voicemail system of the Chiquita Brands International banana company.

Reporters Privilege News: Taricani Given Early Release
Jim Taricani, the Rhode Island television reporter who was sentenced to six months of house arrest for refusing to reveal one of his sources in December 2004, was released two months early on April 9, 2005.

Dan Rather, Other  Staff Members Depart “60 Minutes” in Wake of Ethics Controversy
Dan Rather thanked his viewers, offered courage to tragedy victims, the military, the oppressed and fellow journalists as he said his last good night as anchor of “CBS Evening News” on March 9, 2005, 24 years after taking that chair following the departure of Walter Cronkite.

Libel News: Silha Center Joins Student Press Law Center in Amicus Brief
A University of Northern Colorado (UNC) English major has found himself in the middle of a legal battle that challenges the constitutionality of that state’s criminal libel law.

Libel News: Boston Globe Loses Appeal in $2 Million Libel Suit
The Massachusetts Supreme Judicial Court decided that $2 million in libel damages was not clearly excessive, and on Feb. 9, 2005, affirmed a jury verdict in Ayash v. Dana-Farber Cancer Institute, 2005 Mass. LEXIS 14 (2005), requiring The Boston Globe and a former reporter to pay the hefty sum.

Libel News: Public Official Status Does Not Apply in Boston Phoenix Libel Case
On Dec. 17, 2004, a jury in a Massachusetts U.S. District Court awarded a former Maryland prosecutor, Marc E. Mandel, $950,000 in a libel suit against the weekly publication The Boston Phoenix for an article that suggested that Mandel was a child molester.

Libel News: Minnesota Weekly Will Appeal Libel Decision
The jury in a libel case involving a small Minnesota weekly newspaper has decided that the Chanhassen Villager and its previous editor Eric Serrano must pay former Chairperson for the (Minn.) Carver County Board of Commissioners Tom Workman $665,000 for statements contained in one of Serrano’s editorials.

Libel News: Dismissed U.K. Libel Suit Could Strengthen Media Protections
An English high court has overruled a libel verdict against an American Web publisher, finding that it was improper for the case to continue because only five people in the United Kingdom had read it online.

Libel News: Certiorari Denied in Neutral Reportage Case
The U.S. Supreme Court declined to review the Pennsylvania Supreme Court’s October 2004 decision in Norton v. Glenn, 860 A.2d 48 (Pa. 2004), which held that a newspaper cannot be shielded from defamation when it accurately reports on a public official’s defamatory statements about another public official.

Access to Courts: Army Rules that Proceeding Must Be Open to Public, Press
U.S. Army Court of Criminal Appeals Judge Kenneth Clevenger has ruled that a hearing investigating the death of an Iraqi general during interrogation must remain open to the public.

Access to Courts: Mississippi Supreme Court Affirms Camera Access Rights
The Mississippi Supreme Court has ruled that before banning TV cameras from their courtrooms, judges must determine that the accused’s right to a fair trial would be violated.

Access to Government:  CIA Ordered to Release Detainees’ Treatment Records
On Feb. 2, 2005, U.S. District Court Judge Alvin K. Hellerstein (S.D.N.Y.) ruled that the Central Intelligence Agency (CIA) must release records containing information relating to the treatment or death of detainees while held in United States custody.

Access to Government: TSA Continues to Expand Government Secrecy
The Transportation Security Administration (TSA) and the Office of the Secretary of Transportation (OST) in early January 2005 made two amendments to the federal government rules relating to the protection of sensitive security information (SSI).

Media Ethics: Media’s Role in BTK Case Questioned
After decades of seeking the identity of the BTK killer, police officials have charged suspect Dennis Rader with 10 murder counts in Wichita, Kansas.

Media Ethics: CNN Chief Executive Undone by Blogs
Attendees at a Jan. 27, 2005 panel discussion at the World Economic Forum in Davos, Switzerland heard panelist Eason Jordan, then the CNN chief news executive, make comments that suggested U.S. troops had deliberately pointed targets at U.S. journalists killed in Iraq.

Media Ethics: Tsunami Coverage Raises Ethical Concerns
The Dec. 26, 2004, earthquake in the Indian Ocean that spawned a tsunami left hundreds of thousands dead or missing in its wake.

Media Ethics: Veteran Sports Writer Fired for Plagiarism
Ken Powers, a reporter who had worked 20 years for the Worcester, Mass. Telegram & Gazette, was fired Feb. 3, 2005 after filing a story that he had allegedly plagiarized from Sports Illustrated’s Web site.

Media Ethics: Newsweek Draws Fire for Alteration of Martha Stewart Cover Photo
The cover of the March 7, 2005 issue of Newsweek, which read “Martha’s Last Laugh: After Prison She’s Thinner, Wealthier & Ready for Prime Time,” showed Martha Stewart, former chief executive of Martha Stewart Living Omnimedia, looking thinner and smiling as she parted a curtain, ready to get back to work after leaving federal prison.

Broadcast Regulation: Congressional Bill Would Reinstate Fairness Doctrine
Representative Louise Slaughter (D-N.Y.) introduced legislation on Feb. 1, 2005 to reinstate the Fairness Doctrine, the now-defunct Federal Communications Commission (FCC) policy which mandated balanced coverage of controversial public issues on the nation’s airwaves.

Broadcast Regulation: Powell Ends Tenure with FCC
Michael K. Powell ended his high-profile tenure as chairman of the Federal Communications Commission (FCC) in March 2005, two years short of his original 2007 departure date.

Prior Restraint: U.S. Treasury Department Lifts Restrictions on Publishers Contracting with Writers from Sudan, Cuba, and Iran
United States citizens can now freely engage in most ordinary publishing activities with writers living in Cuba, Sudan, and Iran without violating federal law.

Prior Restraint: Gag Order on Juror Names Ruled Unconstitutional
A three-judge panel from the U.S. Court of Appeals (2d Cir.) ruled on March 22, 2005 that a district judge’s order forbidding members of the press to publish the identities of jurors named in open court as unconstitutional.

Prior Restraint: Jay Leno Free to Tell Michael Jackson Jokes
Jay Leno, host of the “Tonight Show,” is free to make jokes about the Michael Jackson trial, Judge Rodney S. Melville of Santa Barbara County Superior Court ruled on March 11, 2005.

Prior Restraint: Key West Weekly Publisher Can Sue Officer For Arrest
A Florida publisher has won the right to sue the Key West police officer who arrested him after the U.S. Court of Appeals (11th Cir.) ruled on March 22, 2005 that a law punishing publication of leaks of internal investigations was an unconstitutional content-based restriction of free speech in Cooper v. Dillon, 2005 U.S. App. LEXIS 4703.

Copyright News: National Geographic CD Compilation Does Not Violate Freelancers’ Copyright
On March 4, 2005, the U.S. Court of Appeals (2d Cir.) ruled against a group of freelance photographers and writers who had claimed that the National Geographic Society violated their copyrights when it published “The Complete National Geographic” (CNG) — a CD collection of the National Geographic Magazine going back to 1888.

Survey Reveals that Some High School Students Think Press Has “Too Much Freedom”
A recent survey of more than 100,000 high school students found that 32 per cent believe that the press “has too much freedom” and that 36 per cent believe that newspapers should get government approval before publishing stories.

Silha Center Events: Silha Forum Examines Privacy in the Digital Age
Constitutional and privacy rights have become murky in the evolving world of digital media due to the rapid growth of cell phone use, e-mail and computers to send and store massive amounts of data.

Below is the Table of Contents for the Fall 2004 edition of the Silha Bulletin.  Click on the title to read the full article.

Bulletin Fall 2004
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Introduction
Although the press is arguably one of the most transparent of contemporary institutions, a recent spate of ethics scandals has prompted criticism — as well as introspection — both inside and outside the industry.

Top Story: Panel Publishes Findings Following Review of CBS “60 Minutes” Broadcast
Four long-time, senior staffers at CBS News were either fired or asked to resign after an independent panel assigned to investigate the “60 Minutes Wednesday” Bush Guard Service segment issued its 224-page investigative report in January.

Problems in Media Ethics: Commentator’s Promotion of NCLB Leads to Questions of Ethics
On January 7, 2005, USA TODAY revealed that radio host, commentator and pundit Armstrong Williams had signed a contract with public relations firm Ketchum Inc., agreeing to air spots and do interviews that promoted George W. Bush’s No Child Left Behind Act (NCLB), 20 USCS § 6301 et seq.

Problems in Media Ethics: Sinclair Broadcast Group Wrestles with Decision to Air Anti-Kerry Film
Sinclair Broadcast Group aired an hour-long program on October 29, 2004 that evolved out of its original plan to air the controversial anti-John F. Kerry documentary, “Stolen Honor: Wounds That Never Heal.”

Problems in Media Ethics: Boston Herald Apologizes After Running Graphic Photo of Student
Graphic coverage of a student journalist’s death during a Red Sox playoff victory prompted an apology by The Boston Herald on October 22, 2004.

Problems in Media Ethics: Reporter Prompts Soldier to Question Rumsfeld, Raising Ethical Concerns
On Dec. 8, 2004, at a town hall meeting for American soldiers in Kuwait, Spc. Thomas Wilson asked Secretary of Defense Donald Rumsfeld why he and others in the Tennessee National Guard’s 278th Regimental Combat Team “had to dig through landfills to find scrap metal to up-armor vehicles.”

Problems in Media Ethics: San Francisco Chronicle Reveals Grand Jury Testimony in BALCO Scandal
The San Francisco Chronicle’s reporting on secret grand jury testimony by baseball stars Jason Giambi and Barry Bonds in the case United States v. Victor Conte, CR-04-0044, better known as the BALCO steroids scandal, has prompted U.S. Attorney Kevin V. Ryan to formally request that the Department of Justice (DoJ) investigate the source of the leaks.

Problems in Media Ethics: St. Paul Pioneer Press Reporters Suspended after Attending Concert
Editor Vickie Gowler for the St. Paul Pioneer Press suspended two investigative reporters, Chuck Lasezewski and Rick Linsk, after they attended the October 5, 2004 political fundraising concert “Vote for Change” at the Xcel Energy Center in St. Paul, Minnesota.

U.S. Supreme Court Declines to Hear Three Speech-Related Cases
The nation’s highest court declined to consider three speech-related cases at the start of its new term in the fall of 2004.

Reporters Privilege News: Senator Dodd Introduces Federal Shield Law
In response to the “intense pressure” the press has come under in recent months to reveal the identities of confidential sources, Sen. Christopher Dodd (D-Conn) introduced a bill to create a federal shield law in the U.S. Senate on November 19, 2004.

Reporters Privilege News: Plame Update: Journalists Miller and Cooper Appeal Their Sentences
In the most recent development in the Valerie Plame federal probe, a three-judge panel of the U.S. Court of Appeals for the District of Columbia heard oral arguments on Dec. 8, 2004, on whether journalists Judith Miller of The New York Times and Matthew Cooper of Time magazine can legally defend their refusal to reveal their confidential sources before the grand jury conducting an investigation.

Reporters Privilege News: Use of “Plame Waivers” of Confidentiality Is Expanding
On Dec. 17, 2004, attorneys for Dr. Steven J. Hatfill issued subpoenas to several news organizations in the case Hatfill v. Ashcroft, Hatfill’s civil lawsuit against Attorney General John Ashcroft and other government officials for alleged violations of the federal privacy act.

Reporters Privilege News:  Journalist Sentenced to House Arrest for Refusing to Reveal Source
On Dec. 9, 2004, U.S. District Court Judge Ernest C. Torres sentenced reporter Jim Taricani to six months of home incarceration for refusing to identify one of his sources.

Reporters Privilege News: Canadian Journalist Found in Civil Contempt for Protecting Sources
It is not only journalists in the United States who face possible fines and jail sentences for not revealing their sources.

Reporters Privilege News: Newspaper Settles Lawsuit Against U.S. Marshals Service Over Scalia Tape
On Sept. 28, 2004, the Associated Press (AP) and the Hattiesburg American settled their lawsuit against the U.S. Marshals Service over the erasure of journalists’ recordings of a speech given by Supreme Court Justice Antonin Scalia in April 2004, after the Department of Justice (DoJ) acknowledged that the action violated federal law.

Access to Government: Maryland Governor Forbids Employees to Speak to Reporters
Maryland’s governor Robert L. Ehrlich, Jr., has banned state publication information officers from speaking with two reporters from The Baltimore Sun.

Access to Government:  Failed Highway Bill Would Have Increased Government Secrecy
A federal highway funding bill would have expanded the definition of Sensitive Security Information (SSI), information that can be withheld from the public, to include any records containing information “detrimental to the safety of passengers in transportation, transportation facilities or infrastructure of transportation employees.”

Freedom of Information Act News: Federal Lawmakers Call for Expanded Access to Court Records
The Senate Judiciary Committee and the Governmental Affairs Committee have concurrent jurisdiction to oversee the administration of federal laws such as the Freedom of Information Act, 5 U.S.C. § 552, and the Privacy Act, 5 U.S.C. §552a, along with other laws regulating access to government records.

Access to Courts: Update: Electronic Access to Court Records
Minnesota - On Sept. 21, 2004, the Minnesota Supreme Court held a final public hearing on the proposed Rules of Public Access to Records of the Judicial Branch (Access Rules).

Access to Courts: Criminal Charges Dropped Against Kobe Bryant; Civil Suit Pending
On Sept. 1, 2004, prosecutors dropped felony rape charges against Kobe Bryant in the Colorado criminal case People v. Bryant.

New Developments in Privacy Law: Federal Judge Rules Newspaper Cannot Be Sued Under HIPPA
On Aug. 2, 2004, a federal district court judge dismissed a lawsuit filed against a Denver newspaper for an alleged violation of the Health Insurance Portability and Accountability Act (HIPPA), 42 U.S.C. §§ 1320d et seq.

New Developments in Privacy Law: Video Voyeurism Prevention Act Signed into Law
The U.S. House and Senate have both approved federal legislation amending title 18 of the United States Code to include a prohibition on video voyeurism.

Internet Updates: FBI Seizes Hard Drives Belonging to Indymedia
The FBI, acting at the behest of the Italian and Swiss governments, seized computer hard drives and shut down over 20 Web sites belonging to Indymedia, a global media collective on Oct. 7, 2004.

Internet Updates: Federal Judge Finds Provision of the PATRIOT Act Unconstitutional
U.S. District Judge Victor Marrero of the Southern District of New York struck down a key provision of the USA PATRIOT Act, Pub. L. 107-56, ruling that the provision, which authorized the FBI to gather telephone and Internet records on private citizens from Internet service providers (ISPs), was unconstitutional because it allowed the agency to operate without judicial oversight.

Internet Updates: Settlement Reached in Dow Jones v. Gutnick
On Nov. 12, 2004, Dow Jones settled its lawsuit with Australian mining magnate Joe Gutnick, ending a four-year-long  international defamation dispute that raised important questions about jurisdiction in cases involving Internet publications.

Updates in Libel Law: Texas Supreme Court Finds Dallas Observer Article is Satire, Not Defamation
Ending nearly five years of litigation stemming from a 1999 satirical article published in the Dallas Observer, the Texas Supreme Court ruled in September 2004 in the newspaper’s favor in New Times, Inc. v. Isaacks, 2004 Tex. LEXIS 787 (2004).

Updates in Libel Law:  In Pennsylvania, No “Neutral Report” Privilege Recognized
On Oct. 20, 2004, exactly one year after the case was argued, the Pennsylvania Supreme Court held that there is no constitutional basis, in either the U.S. Constitution or the Pennsylvania Constitution, for an absolute privilege to protect news media publications reporting defamatory statements made by one public official about another.

Endangered Journalists: Suspect in Daniel Pearl Murder Killed by Security Forces
Amjad Hussain Farooqi, the main suspect in the kidnapping and beheading of Wall Street Journal reporter Daniel Pearl, was killed by Pakistani security forces on Sept. 26, 2004.

Endangered Journalists: French Journalists Freed
French journalists Georges Malbrunot, 41, and Christian Chesnot, 37, walked off an airplane at Villacoublay military airport outside Paris on Dec. 22, 2004, after being held since August 20, 2004 by the group calling itself the Islamic Army of Iraq, according to The Boston Globe.

Endangered Journalists: Journalists in China
Zhao Yan, a researcher in the Beijing bureau of The New York Times has been arrested on a charge of divulging state secrets to foreigners, a crime punishable by the death penalty.

Court Rules in 50-Year-Old Secrecy Case
On Sept. 10, 2004, Federal District Judge Legrome D. Davis of the Eastern District of Pennsylvania ruled in Herring v. United States, U.S. Dist. LEXIS 18545 (2004), that he saw no evidence of fraud in the U.S. Air Force’s testimony in a case going back some 50 years.

U.S. District Judge Orders Federal Election Commission To Create New Campaign Regulations
On Oct. 10, 2004, a U.S. District Court Judge for the District of Columbia denied a request from the Federal Election Commission (FEC) to temporarily stay an order striking down several of the FEC’s campaign fundraising rules.

RIAA Announces More Lawsuits to Hobble Online Music Sharing
On Dec. 16, 2004, the Recording Industry Association of America (RIAA), a trade group representing the major music companies, announced it would be suing another 754 individuals sharing music online, including 20 individuals who are accused of using university networks to swap files.

Silha Center Events: Geneva Overholser Delivers 2004 Silha Lecture
Ethics in modern media can, and should, include a collection of internal principles, Geneva Overholser told the audience gathered for the Silha Center’s 19th Annual Lecture on Oct. 13, 2004.

Silha Center Events: Silha Center’s Fall Forum Features Paramount Studio’s Executive Director of Film Preservation
Barry Allen, Paramount Studio’s Executive Director of Film Preservation and Archival Resources, spoke to more than 40 students about the legal and ethical challenges surrounding film restoration and preservation on Nov. 11, 2004.

Bulletin Summer 2004
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Branzburg v. Hayes Still Casts Uncertainty On Journalists’ First Amendment Rights
The image of American reporters sitting in jail cells because they have refused to reveal the identities of their confidential sources seems contrary to everything the First Amendment stands for.

Reporters Privilege: In re: Special Counsel Investigation
On May 21, 2004, Time magazine reporter Matthew Cooper as well as Tim Russert, host of “Meet the Press” and NBC Washington Bureau Chief, were subpoenaed to testify before a grand jury as part of the Justice Department’s effort to discover who had disclosed the identity of CIA operative Valerie Plame.

Reporters Privilege: Dr. Wen Ho Lee v. United States Department of Justice
On August 18, 2004, Federal District Judge Thomas Penfield Jackson found five reporters in contempt of his Oct. 9, 2003 ruling ordering them to reveal their sources for a 1999 New York Times story.

Reporters Privilege: In Re: Special Proceedings
A unanimous three-judge panel of the U.S. Court of Appeals (1st Cir.) upheld a trial judge’s order holding a Providence, R.I. television reporter in contempt of court on June 21, 2004, after he refused to divulge the name of a source who provided him with a videotape at the center of a criminal case.

Reporters Privilege: Weinberger v. Maplewood Review
When Maplewood Review reporter Wally Wakefield refused to comply with a subpoena ordering him to reveal the sources he quoted in a story about the firing of local high school coach Richard Weinberger, Minnesota’s Supreme Court ordered him to pay a $200-a-day fine, beginning April 12, 2004.

Prior Restraints: Justice Breyer Upholds Publications Ban
On July 26, 2004, U.S. Supreme Court Justice Stephen Bryer denied a request from seven media groups seeking to stay court orders forbidding publication of transcripts of pretrail in camera hearings in the Kobe Bryant rape case, People v. Bryant.

Prior Restraints:  Florida Judge Bars Publication of Transcripts Released to Media
After transcripts of grand jury testimony in a first degree murder case were released to Florida news channels, a Florida State Circuit Court judge in St. Augustine threatened the stations with criminal charges if they aired further reports on the testimony.

Prior Restraints: Former CIA Agent’s Book Banned
On July 7, 2004, Federal District Court (D.D.C.) Judge Thomas Penfield Jackson ruled in Wendy Lee v. Central Intelligence Agency, C.A. 03-206 (TPJ) that a former CIA agent may not publish her memoirs.

Media Access: Cheney v. Supreme Court
Rather than determine whether the government should be required to release documents relating to the National Energy Policy task force, the Supreme Court’s decision in Cheney v. United States District Court, No. 03-475, issued June 24, 2004, side-stepped the major substantive issues, and instead decided the case on procedural grounds.

Media Access: TSA Publishes Guidelines to Protect Sensitive Security Information
On May 18, 2004, the Transportation Security Administration (TSA) published interim final rules to protect Sensitive Security Information (SSI) at 49 C.F.R. 1520.

Media Access: President’s Board on Safeguarding Americans’ Civil Liberties Created
President George W. Bush has directed that a new board to “safeguard civil liberties” should be created as part of a package of executive orders designed to reform the intelligence community on Aug. 27, 2004.

Media Access: Depository Libraries Censored
On July 22, 2004, the federal Government Printing Office (GPO) issued a directive via email to the nation’s nearly 1,300 depository libraries ordering them to destroy five publications, including titles such as “Civil and Criminal Forfeiture Procedure” and “Select Federal Asset Forfeiture Statutes.”

Media Access: Court Advisory Committee Files Online Access to Court Documents Report
The Minnesota Supreme Court Advisory Committee (advisory committee) released its final report on recommendations to change the Rules of Public Access to Records of the Judicial Branch (Access Rules) on June 28, 2004, online at: http://www.courts.state.mn.us/cio/public_notices.htm.

Media Access: University of Minnesota Must Release Finalists’ Names
The Minnesota Supreme Court ruled on July 15, 2004 that the University of Minnesota (university) must release the names of finalists for the office of university president under the Minnesota Data Practices Act, Minn. Stat. §§ 13.01-.90, and must adhere to the Minnesota Open Meeting Law, Minn. Stat. §§ 13D.01-.07, in the future.

Restraining Order Dropped Against Maplewood Videographer
On June 25, 2004, a restraining order against Minnesota videographer Kevin Berglund was lifted by Judge Michael Fetsch of the Second District Court in St. Paul, Minn., in City of Maplewood v. Berglund, File no. C7-03-100725.

U.S. Government and the Media: Media Attending Detainee Hearings Must Follow Rules
The trials involving the detainees at Guantanamo Bay mandated by two Supreme Court decisions in late June (Hamdi et al. v. Rumsfeld, 124 S. Ct. 2633 (2004) and Rasul v. Bush, 124 S. Ct. 2686 (2004)) began on August 23.

Internet Censorship: Yahoo! Inc. v. LICRA and UEJF
The U.S. Court of Appeals (9th Cir.) ruled in San Francisco on August 23, 2004 that it could not consider an attempt by Yahoo! to block enforcement of a French court’s order because it lacked jurisdiction and the case was not ripe for review.

Internet Censorship: Ashcroft v. ACLU
The Supreme Court determined that the Child Online Protection Act (COPA), 47 U.S.C. § 231, is probably unconstitutional in Ashcroft v. ACLU [II], 124 S. Ct. 2783 (2004).

Family Movie Act May Violate Copyrights
Supporters of movie filtering technology in the U.S. House of Representatives won a victory on July 21, 2004 when the House Judiciary Committee voted 18 to 9 to report the Family Movie Act, HR 4586, to the full House for consideration as proposed legislation.

Library Freedoms at Risk: South Dakota Governor Pulls Plug on Web Sites
In July 2004, Michael Rounds, governor of South Dakota, called for a review of all state sites linked to any outside Web sites that might contain sexually explicit or politically oriented material.

Developments in Libel/Disparagement: Consumer Reports and Suzuki Reach Settlement
Automaker Suzuki Motor Corp. and  Consumers Union, publisher of Consumer Reports, have settled their eight-year-old product disparagement lawsuit in which the car maker claimed the magazine had rigged tests of its Samurai sports utility vehicle, stating that the Samurai was “not acceptable” because it “rolls over too easily.”

International Media Law - Privacy: Campbell v. MGN, Ltd.
A 3 to 2 ruling by the Law Lords of the British Parliament on May 6, 2004 has provided the United Kingdom with what may be the foundations of that country’s newly emerging privacy law.

International Journalist News: Deportation of Foreign Journalists Prompts Congress to Introduce New Bill 
When British journalist Elena Lappin tried to enter the United States at Los Angeles International Airport (LAX) on May 5, 2004, she was detained by immigration officials for not having an I-visa, a special press visa.

International Journalist News: Russian Journalists Fired Over Separate Chechen-Related Incidents
Two Russian journalists, one the editor of the major daily newspaper Izvestia, and the other the host of a television news program, were recently fired in separate incidents, both involving Chechen rebels.

International Journalist News: President Bush and Irish Media Experience Clash of Cultures
Two separate incidents involving President George W. Bush and the Irish media have raised questions about misunderstandings due to differences in journalistic cultures and interviewing practices.

Endangered Journalists: Paul Klebnikov Murdered in Moscow
American journalist Paul Klebnikov was assassinated in Moscow the evening of July 9, 2004.

Endangered Journalists: Journalists Face Dangers in Iraq
Press freedom and safety issues are increasingly coming under attack in Iraq.

Voice of America Employees Request Congressional Investigation
In a petition dated July 6, 2004, nearly half of Voice of America’s (VOA) 1000 employees called on Congress to investigate the actions of its Broadcasting Board of Governors (BBG).

Student Press: Pitt News Can Run Alcohol Ads
A three-judge panel of the U.S. Court of Appeals (3rd Cir.) ruled in late July 2004 that a Pennsylvania law barring student newspapers from running advertisements for alcohol is unconstitutional.

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Bulletin Spring 2004
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Citing Family Members’ Privacy, Supreme Court Allows Government to Withhold Foster Photos
The United States Supreme Court has rejected a narrow reading of the federal Freedom of Information Act’s personal privacy exemption for law enforcement records, allowing the government to withhold information about deceased persons by invoking the privacy rights of surviving family members.

Information Security Oversight Office Publishes Its Annual Report
Executive branch agencies classified more than 14 million new secrets last year, according to the latest annual report by the Information Security Oversight Office (ISOO), the agency responsible for the U.S. government’s security classification system.

9-11 Commission Reveals Failure to Communicate
In November 2002, President Bush established the National Commission on Terrorist Attacks Upon the United States, or “9-11 Commission.”

Polls Show Support Strong for PATRIOT Act
Opinions regarding the USA PATRIOT Act have been divided along Party lines, but recently the Act has become a focal point of the president’s reelection campaign.

Leak Investigation Turns to White House Staff
In April 2004, the investigation into whether individuals in the Bush administration leaked the name of CIA operative Valerie Plame expanded to include possible charges that the White House has mishandled information related to the investigation.

“Family Privacy” Concerns Result in Ban on Coffin Photos
The unauthorized publication of photos depicting flag-draped coffins carrying the remains of U.S. soldiers has touched off a debate over whether the public has a right to see these images.

ABC’s “Nightline” Honors Iraqi War Dead Despite Protests
On April 30, 2004, in a special expanded version of ABC’s “Nightline,” host Ted Koppel read the names of 721 Americans who have lost their lives in the war with Iraq.

Supreme Court’s Ruling in Favish Prompts Florida Newspapers To Drop Suit Challenging Law Sealing Autopsy Photos
The Orlando Sentinel and South Florida Sun-Sentinel announced in April that they were dropping their legal challenge to a Florida law barring the public release of autopsy photographs.

U.S. Marshal Orders Reporters to Erase Scalia Speech Tapes
When Antoinette Konz of the Hattiesburg (Mississippi) American and Denise Grones of the Associated Press sat in the front row of the auditorium of Hattiesburg’s Presbyterian Christian High School on April 7, 2004, where U.S. Supreme Court Justice Antonin Scalia was about to speak about preserving the Constitution, they hoped their tape recorders would aid them in accurately reconstructing Scalia’s speech when they wrote their stories for their respective news organizations.

The Media and Weapons of Mass Destruction: The New York Times
On May 26, 2004, The New York Times published a “From the Editors” article admitting that many of the newspaper’s articles about Iraq’s possession of weapons of mass destruction had “depended at least in part on information from a circle of Iraqi informants, defectors and exiles bent on ‘regime change’ in Iraq, people whose credibility has come under increasing public debate in recent weeks.”

The Media and Weapons of Mass Destruction: The BBC
On May 29, 2003, reporter Andrew Gilligan stated on BBC’s “Today” program that the British government had “sexed up” an intelligence dossier by claiming Iraq could deploy weapons of mass destruction within 45 minutes.

The Media and the Photos from Abu Ghraib Prison
On April 28, 2004, CBS’s “60 Minutes II” aired controversial photos of prisoner abuse in Abu Ghraib prison in Iraq.

State Access to Information: Age Restriction on Access to Information in Louisiana Challenged
Prompted by a persistent teenager, a Louisiana legislator has introduced an amendment to the state’s public records laws that would eliminate the requester’s age as a factor in determining whether to release public information.

State Access to Information: Maine Enacts Law Reforming Access to Public Documents
Governor John Baldacci signed a bill on May 11, 2004 making it easier to obtain public records in Maine. The Maine Senate passed the bill just days before in a unanimous vote during the final hours of the legislative session.  

State Access to Information: South Carolina Judge Rules that Public Records Used in Criminal Investigation Remain Public
Public records used in criminal prosecutions are not exempt from South Carolina’s open-records law and must remain available to the public, a state circuit court judge ruled in March 2004.

State Access to Information: Kansas Governor Signs New Bill Expanding FOIA Access
On May 17, 2004, Kansas Governor Kathleen Sebelius signed Senate Bill 552 into law, expanding public access to government records under the Kansas Open Records Act (KORA), K.S.A. § 45-215, et seq.

Anti-War Demonstrators Come Under Federal Surveillance
On Feb. 10, 2004, the U.S. Attorney’s office for the Southern District of Iowa withdrew its subpoenas ordering Drake University administrators and antiwar activists to provide information to and appear before a federal grand jury, respectively.

Chicago Media Want Senate Candidate’s Divorce Records
The sealed divorce files of a Republican Senate candidate and his actress ex-wife were the talk of Chicago-area politics in the days leading up to the March 16, 2004 Illinois primary.

19th Annual Silha Lecture Focuses on Journalism Ethics
On Wednesday, October 13, 2004, Geneva Overholser will deliver the Nineteenth Annual Silha Lecture, “High hopes and dire warnings: In search of a credo for today’s journalists.”

Bulletin Winter 2004
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D.C. Circuit Rules That Reporters Have No Constitutional Right of Access to Military Operations
The U.S. Court of Appeals for the D.C. Circuit ruled on Feb. 3, 2004, that reporters do not have a constitutional right to be embedded with U.S. troops during combat.

Representative Rangel Introduces Resolution for Press Access
On March 11, 2004, saying that a “cloak of secrecy” surrounds the homecoming of soldiers’ remains, Rep. Charles Rangel, D-N.Y., introduced a resolution calling “for the removal of all restrictions from the public, the press, and military families in mourning” that would prohibit them from access to military installations such as Dover Air Base in Delaware, where war dead are returned stateside.

FCC Updates: Crackdown on Indecency Leads to Historic Fines
Janet Jackson’s and Justin Timberlake’s controversial Super Bowl halftime performance may not have prompted the current Congressional and Federal Communications Commission crackdown on broadcast indecency.

FCC Updates: Prometheus Radio Project v. FCC
A three-judge panel of the U.S. Court of Appeals for the Third Circuit heard oral arguments in February 2004 in Prometheus Radio Project v. FCC, No. 03-3388, a challenge to the Federal Communications Commission’s rules allowing increased consolidation of media ownership.

FCC Updates: Senate’s Compromise Lowers National TV Ownership Cap by 6 Percent
Under the apparent threat of a presidential veto, the United States Senate agreed in January to allow television networks to grow bigger - but neither as big as a 2003 Federal Communications Commission rule would have allowed nor as big as networks would have liked.

Access to Documents: Library of Congress Opens Former Justice Blackmun’s Papers
The Library of Congress on March 4, 2004, opened the voluminous personal papers of former Supreme Court Justice Harry Blackmun, a move court-watchers say could yield unprecedented insight into a quarter-century of Supreme Court decisions.

Access to Documents: Bill Prohibiting Access to Identities of Peace Officers Tabled
A Delaware bill that would prohibit public access to names of police, parole and probation officers under the state’s Freedom of Information Act was tabled by the state Senate in late January, less than a week after the state House passed it unanimously, according to a Jan. 29, 2004 report in The (Wilmington, Del.) News Journal.

Access to Documents: Judge Orders Release of Papers Relating to Sheriff’s Arrest
The Michigan Court of Appeals has ordered the Kent County (Mich.) Sheriff’s Department to release files and reports concerning a sergeant who was arrested in a prostitution sting two years ago.

Access to Documents: Seattle Schools Attempt to Block Access to Complaints Records
As The Seattle Times tried to gather information for an investigation of sexual misconduct charges against teachers and coaches, a major suburban Seattle school district joined forces with its teachers union to block access to public records, the newspaper reported in December 2003.

Reporters Privilege: BusinessWeek Reporter May Be Called to Testify
Judge Michael Obus of the New York Supreme Court, a trial court in Manhattan, has ruled that a BusinessWeek article may be admitted into evidence in the trial of two former Tyco executives accused of misuse of company funds, but has yet to announce whether the author of the article will have to testify in the case.

Reporters Privilege: Cincinnati CityBeat Reporter Testifies Before City Council
On Feb. 3, 2004, Cincinnati CityBeat reporter Leslie Blade complied with a subpoena from Cincinnati's city council and testified regarding a story published December 10.

Endangered Journalists Around the World
Canada: Royal Canadian Mounted Police searched the home and newsroom office of Canadian reporter Juliet O’Neill on Jan. 21, 2004, after she wrote a story about Syrian-born Canadian citizen Maher Arar, who was suspected to have links to al-Qaida.

Ethics: Jeb Bush Bans Newspaper from Press Conference
When Florida Gov. Jeb Bush excluded the 500,000-circulation Palm Beach Post from his annual year-end press conference in December, his office said the move was prompted by “unprofessional behavior” on the part of the newspaper’s reporters.

Ethics: Allegations of Unethical Practices Lead to USA TODAY Reporter’s Resignation
On March 18, 2004, USA TODAY released the initial findings of a team of journalists who were investigating 720 stories filed by Jack Kelley from 1993 through 2003.

Ethics: Virginian-Pilot Fails to Disclose Details of Reporter’s Death
On Feb. 1, 2004, the Virginian-Pilot reported that the newspaper’s military reporter Dennie O’Brien had passed away the day before, but the report did not specify the cause of death.

Ethics: Judge Orders Attorneys to Stop Giving Interviews in Kidnapping Case
The judge presiding over the case against the man charged with kidnapping University of North Dakota student Dru Sjodin ordered attorneys to stop granting media interviews regarding the case in January 2004.

Ethics
    Falsified Resume: Michael Freeman, The Indianapolis Star

Tenth Circuit Rules National “Do-Not-Call” Registry Constitutional
The Tenth Circuit ruled on Feb. 17, 2004, that the national do-not-call registry is a valid regulation of commercial speech that does not violate the First Amendment.

Music Copyright: Musicians Form Alliance to Sell Work Online
Some music artists are answering the call of online users who want to download music off the Internet.

Music Copyright: DC Circuit Rules: RIAA Cannot Subpoena ISPs
The Recording Industry Association of America (RIAA) is no longer able to use its favored tactic of issuing subpoenas to Internet service providers (ISPs) in order to obtain the identity of suspected copyright infringers.

Access to Courts
In addition to support the public’s right to know, journalists often struggle to gain access to court information and proceedings to which public access has been restricted.

Secrecy is Compounded as Supreme Court Refuses to Hear an Appeal in M.K.B. v. Warden
The U.S. Supreme Court has refused to hear an appeal in the case of M.K.B. v. Warden, docket 03-6747, 2004 U.S. LEXIS 1553, which challenged government secrecy in a case involving a waiter who served two of the September 11 hijackers.

Student Press Updates
Illinois: On Jan. 8, 2004, the U.S. Court of Appeals for the Seventh Circuit re-heard oral arguments in Hosty v. Carter, a case involving the censorship of a student newspaper at Governors State University in Illinois.

US Internet Updates
Ninth Circuit Opens Door for Search Engine Ad Lawsuits: The U.S. Court of Appeals for the Ninth Circuit ruled on Jan. 14, 2004, that Playboy Enterprises could sue over use of its trademarks for targeted advertising sales by Internet search engines.

Silha Center Files Comments on Records Access
On Feb. 12, 2004, the Minnesota Supreme Court Advisory Committee convened a public hearing for comments on that committee’s Rules of Public Access to Records of the Judicial Branch (Access Rules).

Bulletin Fall 2003
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U.S. Supreme Court Rules on Constitutionality of Bipartisan Campaign Reform Act
On Dec. 10, 2003, a sharply divided Supreme Court, in McConnell v. Federal Election Commission, 124 S.Ct. 619, upheld the constitutionality of the core provisions of the Bipartisan Campaign Reform Act of 2002 (BCRA) which seeks to eliminate “soft money” contributions to federal election campaigns and ban “issue ads” in advance of federal elections.

Access to Information and the U.S. Supreme Court:  U.S. Supreme Court Hears Oral Argument in OIC v. Favish
Does the privacy exemption to the Federal Freedom of Information Act (FOIA) shield surviving family members from the distress of viewing the death scene photographs of former White House deputy counsel Vincent W. Foster?

Access to Information and the U.S. Supreme Court:  Justices Will Not Consider Earnhardt Autopsy Photo Case
Without comment, the U.S. Supreme Court has rejected the petition of a student newspaper at the University of Florida, the Independent Florida Alligator (Gainesville) to access the autopsy photos of racecar driver Dale Earnhardt.

Access to Information and the U.S. Supreme Court: Center for National Security Studies v. Department of Justice
The Center for National Security Studies, joined by other public-interest groups, asked the U.S. Supreme Court to consider whether the government legally may withhold the names of people who were secretly arrested and detained following the terrorist attacks of Sept. 11, 2001.

Access to Information and the U.S. Supreme Court: M.K.B. v. Warden
On Nov. 4, 2003, the Supreme Court ordered Solicitor General Theodore Olson, on behalf of the Justice Department, to file a reply brief responding to the habeas corpus petition of Mohamed Kamel Bellahouel, an Algerian who was detained in Florida by the federal government following the terrorist attacks of Sept. 11, 2001 in M.K.B. v. Warden (No. 03-6747).

Access to Information and the U.S. Supreme Court:  Cheney v. United States District Court
In his second week in office, President Bush formed the National Energy Policy Development Group (NEPDG) on Jan. 29, 2001.

Court Rules on Access to Information:  Port Authority of New York and New Jersey Release September 11 Transcripts
The Port Authority of New York and New Jersey was ordered to abide by its July 2003 agreement with The New York Times and release the transcripts of radio transmissions and calls it received the morning of Sept. 11, 2001.

Legislators Consider Laws Affecting Access to Information:  Student Privacy Protection Act Awaiting Passage
A bill awaiting consideration in the U.S. House of Representatives would provide civil remedies, including money damages, against schools that violate the Family Educational Rights and Privacy Act, or FERPA.

Legislators Consider Laws Affecting Access to Information:  California’s Megan’s Law Extended for Three Years
California’s sex-offender notification law, which the state assembly refused to extend as the legislature’s regular session wrapped up in mid-September 2003, was spared from automatic repeal by a unanimous vote during a special legislative session only two weeks later.

Court Rules in Access to Proceedings: Press, Public Banned from Enron Courtroom
Houston-based U.S. District Court Judge Kenneth Hoyt barred the public and press from three pre-trial hearings of three ex-Enron executives, including the former Chief Financial Officer of the energy giant.

Freedom of Information Act Updates:  Media Representatives Required to Sign Non-Disclosure Agreements
In response to a FOIA request in October 2003 from an unidentified entity, the Federal Energy Regulatory Commission (FERC) has released copies of standard non-disclosure agreements (NDAs) that must be signed before requestors may receive “critical energy infrastructure information” (CEII) from FERC.

Freedom of Information Act Updates:  University of Louisville Foundation v. Cape Publications
On Nov. 11, 2003, the Kentucky Court of Appeals confirmed that the fundraising branch of the University of Louisville Foundation is a public agency subject to the rules of the Open Meetings Act.

Freedom of Information Act Updates: Freedominfo.org Conducts Survey on International Freedom of Information Laws
More than 50 countries have now passed freedom of information laws, according to a survey released on Sept. 28, 2003 to mark the first annual “Right to Know Day” by freedominfo.org, and online network of freedom of information advocates.

Freedom of Information Act Updates: Study Finds Many Rhode Island Agencies Do Not Comply with Open Meeting Laws
Brown University released the results of a study that found that most Rhode Island public agencies fail to comply with the state’s Open Meetings Law.

Endangered Journalists Around the World
Cambodia: Chuar Chetharith, a journalist for Ta Prohm radio, was shot and killed outside of his office in Phnom Penh on Oct. 18, 2003.

Reporters’ Privilege Update: Columnist’s Story Prompts Investigation Into Government Leaks
Syndicated columnist Robert Novak’s article in which he named a CIA operative has prompted a Department of Justice (DOJ) investigation into White House leaks and has raised ethical questions for journalists concerning the publication of classified information.

Reporters’ Privilege Update: Reporters Refuse to Reveal Sources in Spy Case
On Dec. 18, 2003, James Risen and Jeff Gerth, two reporters with The New York Times, defied a federal judge’s order and refused to reveal their sources for a story concerning former nuclear scientist Wen Ho Lee.

Reporters’ Privilege Update: FBI Obtains Reporters’ Notes in Homeless Hacker Case
Adrian Lamo, a 22-year-old Californian, hacked into the intranet computer system at The New York Times in 2002, where he gained access to the personal information of well-known contributors to the paper’s op-ed section.

Reporters’ Privilege Update: McKevitt v. Pallasch
On August 8, 2003, a three-judge panel of the U.S. Court of Appeals (7th Cir.), ruling in McKevitt v. Pallasch, 339 F.3d 530 (2003), ordered Abdon Pallasch and Robert C. Herguth of the Chicago Sun-Times and Flynn McRoberts of the Chicago Tribune to turn over their taped conversations with an FBI mole, David Rupert, who had infiltrated the Irish terrorist group the Real IRA.

Reporters’ Privilege Update: Tripp v. Department of Defense
Linda Tripp, whose taped conversations with Monica Lewinsky precipitated the impeachment of President Clinton, on Oct. 31, 2003, settled her claims against her former employer, the Department of Defense (DOD), for releasing personal information about her.

Journalists Grapple with Issues of Ethics: Media Pool Party to Presidential Plot to Visit Troops
On Thanksgiving Day, President Bush took a top-secret flight to Baghdad to celebrate the holiday with U.S. troops.

Journalists Grapple with Issues of Ethics: Jackson Interview Strikes Sparks Between CBS, The New York Times
A New York Times article written by reporter Sharon Waxman and published on Dec. 31, 2003 has sparked a controversy between two respected news organizations - The Times and CBS News.

Journalists Grapple with Issues of Ethics: Cronkite Faces Lawsuit for Breach of Contract
Legendary broadcaster Walter Cronkite faces a lawsuit for breach of contract after backing out of a deal with a Florida production company to appear in what Cronkite thought were educational video segments that were to air on public television stations.

Journalists Grapple with Issues of Ethics:  Jayson Blair Update
Ex-New York Times reporter Jayson Blair could have been prosecuted for his dishonest and inaccurate reporting if The Times had chosen to pursue the case with federal prosecutors, according to an article in Stanford Law School’s Fall 2003 issue of Stanford Lawyer.

U.S. Supreme Court Refuses to Review Rossignol v. Voorhaar
The U.S. Supreme Court has refused to review a federal appeals court ruling that government officials violate the Constitution when they make bulk purchases of newspapers to prevent critical stories from reaching the public.

Roundup: Ethical Issues in the Media
The following is a collection of recent ethical issues involving reporters, editors, and other media professionals.

Final Call Not Required to Pay Damages for Use of Photos
A New York state court has ruled that The Final Call, the weekly newspaper of the Nation of Islam, did not have to pay punitive damages to Tatia Morsette, a woman the newspaper has falsely depicted as a prison inmate.

Baseball Team Freezes Out Denver Post
Anger over a Denver Post columnist’s use of a baseball player’s negative quote prompted the local professional baseball team, the Colorado Rockies, to refuse to speak to that paper’s reporters, according to a Sept. 21, 2003 report in the Post.

Internet Updates
Blogger Posts 1938 Article on Hitler, Raising Copyright Issues

New Laws Promote Consumer Privacy; Curb Commercial Speech: CAN SPAM Act Signed
On Dec. 16, 2003, President George W. Bush signed the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN SPAM) into law.

New Laws Promote Consumer Privacy; Curb Commercial Speech: “Do-Not-Call Lists Faces Questions of Constitutionality
The much anticipated do-not-call registry, created by the federal government to protect residential phone customers from unwanted telemarketing calls, faced a barrage of legal challenges in late 2003 that seemed likely to derail the registry indefinitely.

FCC Media Ownership Update
The White House and congressional Republicans came to a compromise on television ownership limits after President Bush threatened to veto an appropriations bill which funded a third of the federal government.

U.S. Supreme Court Decides Not to Review Disparagement Case Against Consumer Reports
On Nov. 3, 2003, the U.S. Supreme Court said it would not review the decision of the Court of Appeals (9th Cir.) that allows Suzuki Motor Corporation’s product disparagement suit against Consumers Union, the non-profit publisher of Consumer Reports, to go forward.

Copyright Updates: Government Holds Hearings on RIAA’s Lawsuits, Subpoenas
On Sept. 20, 2003, the U.S. Senate Committee on Governmental Affairs’ Permanent Subcommittee on Investigations held a hearing in Washington, D.C. into the Recording Industry Association of America’s (RIAA) numerous lawsuits and subpoenas of persons it contended downloaded and traded music over the Internet.

Copyright Updates: RIAA Tries to Enforce Fees for Music Downloads
The Recording Industry Association of America (RIAA) does not want to prevent you from downloading.

Copyright Updates: Norwegian Court Upholds Decision to Acquit “DVD Jon”
On Dec. 22, 2003, the Oslo Court of Appeals in Norway upheld the January 2003 decision of Oslo’s City Court, acquitting Jon Johansen, known as “DVD Jon,” of charges that he violated copyright law through his development and distribution of DeCSS, a software program that enables DVDs to be copied.

Copyright Updates: Florida Man Convicted under DMCA
The first jury-trial conviction under the Digital Millennium Copyright Act (17 USCS §§ 1201 et seq.) or DMCA, may land a Florida man in federal prison for 30 years.

International Media Law: Russian Election Law Overturned
A Russian law restricting the way the media report election campaigns was overturned by that country’s constitutional court on Oct. 30, 2003.

International Media Law: International Criminal Court Sentences Three Journalists for Crimes of Incitement, Crimes Against Humanity
Three journalists were sentenced by a three-judge panel on Dec. 3, 2003 for the International Criminal Tribunal for Rwanda (ICTR), located in Arusha, Tanzania.

Celebrities and Privacy:  Photographers Cleared in Princess Diana Privacy Case
On Nov. 28, 2003, a French Court in Paris cleared three photographers accused in a civil case of breaching privacy laws when Princess Diana and Dodi Fayed were killed in a car crash in Paris on August 31, 1997.

Celebrities and Privacy: Schwarzenegger's Campaign Staffers Required to Sign Confidentiality Agreements
During his whirlwind bid to become governor of California, Arnold Schwarzenegger required campaign staffers to sign detailed confidentiality agreements, according to the Los Angeles Times.

Celebrities and Privacy: Barbra Streisand Loses Privacy Lawsuit to Environmentalists
Singer/actress Barbra Streisand’s privacy lawsuit against a man who took aerial pictures of her Malibu estate and then posted them on his Web site was dismissed by a trial judge in Los Angeles on Dec. 3, 2003.

Post War Iraq Updates: Coverage of Bush Admission Debated
Before the most recent war in Iraq, the Bush administration implied that Saddam Hussein had played a role in the Sept. 11, 2001 attacks.

Post War Iraq Updates: Bush Bypasses National Media in Favor of Regional Broadcasters
The Bush administration, displeased with the news coverage of the war in Iraq, bypassed the national media outlets by using five regional broadcasting companies to disseminate his message more directly to the American public.

Post War Iraq Updates: Letter Writing Campaign by Soldiers Not What It Appears
U.S. Army officials have determined that copies of an identical letter portraying the American occupation of Iraq in a positive light and which were sent to various U.S. newspapers do not warrant further investigation.

Post War Iraq Updates: Jessica Lynch Update
In an interview with Diane Sawyer of ABC’s “Primetime Live” on Nov. 11, 2003, Pfc. Jessica Lynch revealed details of her rescue from an Iraqi hospital where she had been treated for injuries, as well as the fact that she did not engage in a gun battle in the ambush where she was captured because her rifle jammed.

Post War Iraq Updates: Media, Military Meet in Conference to Discuss Coverage of War in Iraq
Conference Examines Effectiveness of Embedded Reporters Program: A conference on the media’s role in Operation Iraqi Freedom, held from Sept. 3-5, 2003 at the U.S. Army War College in Carlisle, Pa., considered the successes and drawbacks of the embedding program during the war in Iraq.

Post War Iraq Updates: Rules for Embedded Reporters Loosened
The Pentagon’s journalist embedding program has loosened its rules in recent months, according to Editor & Publisher on Sept. 25, 2003.

Post War Iraq Updates: Los Angeles Times Reporters Injured in Baghdad Blast
Three reporters from the Los Angeles Times were injured on New Year’s Eve when a car bomb went off near the Nabil, a restaurant where they were celebrating.

Post War Iraq Updates: Los Angeles Times Reporter Dies in Baghdad
Veteran Los Angeles Times correspondent Mark Fineman died Sept. 21, 2003 of an apparent heart attack while on assignment in Baghdad.

Post War Iraq Updates: Reporters Honored at War Memorial
Senior Bush administration officials and media executives honored four American war journalists by unveiling a plaque in their memory at the War Correspondents Memorial Arch in Burkittsville, Md.

Post War Iraq Updates: Soldiers Cleared in Death of Cameraman
A U.S. military investigation has cleared U.S. soldiers who mistakenly shot and killed Reuters cameraman Mazen Dana.

Ken Starr Presents 18th Annual Silha Lecture
The 18th Annual Silha Lecture featured Kenneth Starr, whose presentation, “Political Liberty: Campaign Finance and the Freedoms of Speech and Association” provided a unique perspective on the controversial Bipartisan Campaign Reform Act, also known as McCain-Feingold.

Bulletin Summer 2003
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The Silha Center Files Amicus Brief With the United States Supreme Court, Comments with the Council of Europe, And Department of Homeland Security 
For the first time in the history of the Silha Center, the Center drafted and filed an amicus curiae (friend of the court) brief in August in a case that will be argued before the United States Supreme Court this December.

U.S. Courts Rule in Access to Courts Cases: United States v. Mousaoui 
The case of United States v. Moussaoui, in the federal District Court for the Eastern District of Virginia, began with a question: Can the civilian court system handle a highly sensitive, national security case and emerge with its tradition of transparency and public access intact?

U.S. Courts Rule in Access to Courts Cases: Government Requests Closure of Deportation Hearing
The Department of Homeland Security (DHS) in early August 2003 asked immigration Judge Robert Newberry to close the Detroit deportation hearing of a Syrian man with alleged ties to al-Qaeda.

U.S. Courts Rule in Access to Courts Cases: Courtroom Television Network, LLC. v. State of New York
In July 2003, the Supreme Court for New York County, a trial court, ruled against Court TV's challenge to the constitutionality of the New York state law barring television cameras from trial courts.

U.S. Courts Rule in Access to Courts Cases: The Laci Peterson Murder Trial
Stanislaus County (Calif.) Superior Court Judge Al Girolami has banned cameras and recording devices from the preliminary hearing of murder suspect Scott Peterson.

Courts Rule in Access to Documents Cases: United States v. Reynolds
Recently declassified government documents were at the heart of a request to reopen a 1953 U.S. Supreme Court case involving the crash of an Air Force plane that killed nine people, four of them civilians.

Courts Rule in Access to Documents Cases: Center for National Security Studies v. Department of Justice
A divided federal court of Appeal (D.C. Cir.) panel ruled this summer that exemptions to the federal Freedom of Information Act (FOIA) allow the government to withhold the names of detainees taken into custody following the Sept. 11, 2001 terrorist attacks.

Courts Rule in Access to Documents Cases: Universal City Studios, Inc. v. Superior Court of Los Angeles County
A California appeals court ruled in late June that sealing documents in civil lawsuits “requires more than a mere agreement of the parties.”

Courts Rule in Access to Documents Cases: Transcripts Unsealed in Terrorist Case
In early June 2003, New Jersey Superior Court Judge Marilyn Clark agreed to unseal previously secret transcripts of bail hearings for Mohammed El-Atriss, who admittedly provided fake ID cards to two of the 19 hijackers involved in the Sept. 11, 2001 terrorist attacks.

Court Rules in Access to Meeting Case: Star Tribune Co. v. University of Minnesota Board of Regents
The Minnesota Court of Appeals ruled that the Board of Regents of the University of Minnesota violated the Minnesota Open Meeting Law (OML) and the Minnesota Government Data Practices Act (GDPA) when it secretly interviewed candidates to fill the post of university president.

Courts Rule in Internet Cases: United States v. American Library Association
In June, a divided Supreme Court upheld the constitutionality of a federal law that, in exchange for federal funding to Internet access, requires public libraries to install Internet filtering software to protect minors from pornography.

Courts Rule in Internet Cases: Minneapolis Librarians Reach Settlement
In August 2003, the city of Minneapolis settled a lawsuit brought by a dozen of its public librarians who alleged that workplace exposure to Internet pornography made the city’s downtown library a hostile workplace.

Courts Rule in Internet Cases: A.A. v. New Jersey
U.S. Circuit Judge Delores K. Sloviter ruled that there is a compelling state interest in posting the address of convicted sex offenders on the Internet, overriding their privacy interest.

Internet Updates
Internet Stalking Bill Approved in Ohio - The Ohio Senate approved a bill that would ban cyber-stalking. According to the Dayton Daily News.

Courts Rule in Internet Cases: United States v. Jarrett
The United States Court of Appeals (4th Cir.) ruled that an anonymous person who hacked into another individual’s computer and turned that individual into authorities for possessing child pornography did not act as an agent of the government.

Courts Rule in Internet Cases: Putnam Pit v. City of Cookeville
On August 20, 2003, Sixth Circuit Court of Appeals Judge Guy Cole, Jr., ruled in Putnam Pit v. City of Cookeville, No. 01-6533 (2003) that Geoffrey Davidian’s First Amendment rights have not been violated by the City of Cookeville, affirming the earlier judgment of a federal district court jury.

Courts Rule in E-mail Cases: Batzel v. Smith
The U.S. Court of Appeals (9th Cir.) in June ruled that a provision in the Communications Decency Act of 1996 (CDA) may shield moderators of Internet listservs and operators of websites from liability for disseminating defamatory postings created by others.

Courts Rule in E-mail Cases: Intel v. Hamidi
On June 30, 2003, the Supreme Court of California reversed an appeals court decision that the tort of trespass to chattels — the concept of someone interfering with another’s personal property — cannot be applied to a company’s electronic communications when used by a former employee to send e-mail to individuals still working for that company.

Sidebar: California Anti-Spam Bill Signed
On September 23, California Governor Gray Davis signed an anti-spam bill into law, making it illegal to send Californians unsolicited e-mail advertisements.

Courts Rule in Freedom of Speech Cases: Virginia v. Black
Eleven years after its landmark hate-speech decision in R.A.V. v. St. Paul, 112 S.Ct. 2538 (1992), the U.S. Supreme Court last spring upheld a Virginia law criminalizing the burning of crosses with the intent to intimidate.

Courts Rule in Freedom of Speech Cases: Nike v. Kasky
Nike will pay $1.5 million to the Fair Labor Association, a workers’ rights group, after settling a five-year-old case regarding the truth of the shoe company’s advertisements and statements regarding its overseas manufacturing plants.

Courts Rule in Trademark Cases: Moseley v. V Secret Catalogue Inc.
The U.S. Supreme Court unanimously ruled in March that a Kentucky sex shop once called “Victor’s Little Secret” did not infringe on the trademark of lingerie retailer Victoria’s Secret, reversing an earlier ruling by the Sixth Circuit.

Courts Rule in Trademark Cases: ETW Corporation v. Jireh Publishing, Inc.
Rick Rush’s painting commemorating Tiger Woods’ first Masters victory at Augusta did not violate the athlete’s trademark rights under the Lanham Act, according to the U.S. Court of Appeals (6th Cir.).

Humorist Sued for Trademark Infringement
The Associated Press reported that Fox News decided to drop its trademark infringement lawsuit on August 25 against author and humorist Al Franken following Southern District of New York Federal Judge Denny Chin’s decision not to grant an injunction against the book’s cover.

Courts Rule in Trademark Cases: Dastar v. Fox
The Supreme Court ruled this summer that the Lanham Act does not prevent the uncredited copying of an uncopyrighted work (see Dastar v. Fox, 123 S. Ct. 2041 (2003)).

Silha Fellows Speak at State High School Journalism Convention
Silha Fellows Doug Peters and Elaine Hargrove-Simon presented sessions at the 2003 Minnesota State High School Journalism Convention on Wednesday, September 24.

Courts Rule in Reporter Privilege Case: Weinberger v. Maplewood Review
A Maplewood, Minn., newspaper reporter must divulge the names of anonymous sources used in a story about a fired high-school football coach, the Minnesota Supreme Court has ruled in a 5-2 decision.

Courts Rule in Celebrity Privacy Case: Douglas v. Hello!
Relying more on the British Press Complaints Commission (PCC) Code that regulates media ethics and behavior than on Section 12 of the Human Rights Act of 1998 that addresses privacy rights, Judge Sir John Edmund Frederic Lindsay of the High Court in London (Chancery Division) ruled on April 11, 2003, that when Hello! magazine published unauthorized photos of the November 2000 wedding of Catherine Zeta-Jones and Michael Douglas, it had “spoiled” the exclusive publication of wedding photos in OK!

Office of Independent Counsel v. Favish Will Be Argued Before Supreme Court
On Dec. 3, 2003, the Supreme Court of the United States will hear Office of Independent Counsel v. Favish, a case concerning the privacy rights of deceased  individuals and their surviving family members under the Freedom of Information Act (FOIA).

FCC's New Regulations Blocked by Appeals Court
The Federal Communications Commission (FCC) approved controversial new media regulations on media ownership in June 2003 by a 3 to 2 vote.

Developments in Media Ethics: Jayson Blair and The New York Times
Earlier this year, the reputation of The New York Times suffered a serious blow after Jayson Blair, a young reporter for The Times, was found to have plagiarized material and falsified information in several dozen stories.

Developments in Media Ethics: Newspapers Face the "Blair Effect"
Effects of the Jayson Blair fiasco have been felt far beyond The New York Times offices.

Developments in Media Ethics: Andrew Gilligan and the BBC
The New York Times has not been the only reputable news organization grappling with ethical issues and reporters.

Developments in Media Ethics: Political Cartoons Criticized for Content
Two editorial cartoons received criticism in recent months because readers perceived them as anti-Semitic.

Orders Issued Regarding Leaks, Access to Proceedings In Washington, D.C. Sniper Case 
The Virginia judge presiding over the trial of Washington-area sniper suspect John Allen Muhammad issued two orders over the summer regarding leaks by law enforcement officials to the media about the high-profile case.

Sidebar: Philadelphia Newspapers, Inc. v. New Jersey and Fred Neulander
The U.S. Supreme Court has declined to hear an appeal in the case of four Philadelphia Inquirer reporters who were punished for interviewing and quoting jurors in the murder trials of the wife of a New Jersey rabbi.

FOIA Updates: Restoration of Freedom of Information Act of 2003
The Restoration of Freedom of Information Act of 2003 has been designed to restore aspects of the Freedom of Information Act altered by the Homeland Security Act of 2002.

RIAA Subpoenas Those Who Allegedly Download Music
The Recording Industry Association of America (RIAA) continues to vigorously utilize the unique subpoena provision in the 1998 Digital Millennium Copyright Act (DMCA) to track down individuals suspected of illegally downloading music, while offering amnesty to those individuals who repent their file-swapping ways.

Sidebar: The Internet Communications Protection Act
The Electronic Frontier Foundation reports that a vote for a new bill in California has been postponed until next year.

Supreme Court Review of COPA Sought 
On August 11, Solicitor General Theodore Olson, on behalf of the Bush Administration, petitioned the U.S. Supreme Court to again review the Child Online Protection Act (COPA; see 47 USC § 223), which has twice been struck down as an unconstitutional restriction on free speech by the Court of Appeals for the Third Circuit.

Endangered Journalists Around the World
Afghanistan: On August 6, 2003, Afghanistan's supreme court upheld death sentences for two journalists accused of blasphemy.

War on Terrorism Affects Civil Rights: Proposed Rules on Critical Infrastructure Elicit Comments from Silha Center, Others
In response to a request by the Department of Homeland Security (DHS) for comments on its proposed rules governing the handling of critical infrastructure information, DHS received over 100 comments from various parties.

War on Terrorism Affects Civil Rights: Inspector General Produces Report on Treatment of Detainees
Immigration detainees taken into custody after the Sept. 11, 2001 terrorist attacks faced substandard conditions in confinement, according to a 200-page report released June 2, 2003, by the Inspector General of the Department of Justice.

War on Terrorism Affects Civil Rights: ISOO Releases Annual Report
The Information Security Oversight Office's (ISOO) annual report indicates that classification of government reports rose in 2002 by 14 percent, while the annual number of reports declassified reached its lowest level in seven years (July 2003, Secrecy News).

Surveys on Access to Information Released
A recent survey commissioned by the First Amendment Center and American Journalism Review indicates that 46 percent of Americans believe the press has too much freedom.

New Developments in the War in Iraq: Jessica Lynch Book, Television Projects Negotiated
In November, "I Am Soldier, Too: The Jessica Lynch Story" will hit the bookstands.

New Developments in the War in Iraq: Updates on Embedded Journalists
In early July, only 23 embedded reporters remained in Iraq compared to 700 embedded reporters at the height of war.

New Developments in the War in Iraq: Reports of Military Deaths in Iraq Stir Controversy
The number of U.S. soldier deaths in Iraq is higher and remains underreported by the media, according to a news analysis by Editor & Publisher editor, Greg Mitchell, on July 17, 2003.

New Developments in the War in Iraq: Strained Relationship Exists Between Media, Military Forces
French-based group Reporters Without Borders (RSF) protested the treatment of journalists by U.S. troops, in a statement July 31, 2003 available online at http://www.rsf.org/article.php3?id_ article=7678.

Silha Center Events: Silha Center Hosts Ethics Forum on October 2, 2003
The highly-publicized Jayson Blair scandal at The New York Times, together with more recent ethical violations by other journalists, has prompted important questions regarding journalists' behavior.

Bulletin Spring 2003 - Special Issue
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Message from the Director
We devote this issue of the Silha Bulletin exclusively to stories about some of the profound ethical and legal challenges facing the news media in the wake of the recent war in Iraq.

The Silha Center’s Spring Forum: A New Kind of Warfare Demands a New Kind of Journalism: Rethinking Journalists’ Wartime Ethics
Members of the Twin Cities’ media and law communities, as well as students and members of the University of Minnesota faculty, grappled with media ethics during wartime at the Silha Center’s 2003 Spring Forum on April 14, 2003.

Journalists Prepare for War: Journalists Attend Boot Camp to Prepare for Combat Conditions
In preparation for their assignments embedded with U.S. Forces, a number of journalists went through “training camps.”

Journalists Prepare for War: Journalists Participate in Embedding Program
The war in Iraq presented novel challenges to reporters working in the region.

Journalists Face the Challenges of Wartime Ethics: CNN’s Eason Jordan Allegedly Withheld the Truth of Hussein’s Regime
While the war in Iraq was still being fought, CNN’s chief news executive Eason Jordan published an op-ed entitled, “The News We Keep to Ourselves” in The New York Times.

Sidebar: More From CNN . . .
On May 29, 2003, Henry Schuster, reporting for CNN, revealed that on March 27, the Iraqi military fired a missile at coalition forces headquarters.

Journalists Face the Challenges of Wartime Ethics: Journalists Pay the Consequences of Revealing “Too Much”
The first reporter to be expelled from Iraq by the U.S. military for revealing military secrets was Christian Science Monitor reporter Philip Smucker.

Journalists Face the Challenges of Wartime Ethics: Doctor-Journalist Performs Operation While on Assignment
Sanjay Gupta, a medical correspondent with CNN, made headlines in early April when he operated on a wounded two-year-old Iraqi boy.

Journalists Face the Challenges of Wartime Ethics: Images Create Special Ethical Problems When Covering Combat
Media coverage of violent crimes, war, and catastrophes often involves decisions regarding whether or not to show images of the victims.

Journalists Face the Challenges of Wartime Ethics: Los Angeles Times Photographer Loses Job Over Manipulated Photo
An editor’s note in the Los Angeles Times on April 2, 2003, revealed the newspaper had published an altered front page news photograph in violation of its own policy.

Journalists Face the Challenges of Wartime Ethics: Clear Channel Radio Stations Sponsor Rallies
In March and April 2003, Clear Channel Worldwide Inc.’s radio stations in several U.S. cities sponsored major “Rally for America” events in support of the military war in Iraq.

Journalists Face the Challenges of Wartime Ethics: Journalists Grapple With Conflicts of Interest
San Francisco Chronicle reporter Henry Norr was arrested the day after the war began, on March 20, 2003, at a war protest in San Francisco.

Journalists Face the Challenges of Wartime Ethics: CNN Correspondents Used Armed Guards
CNN footage on April 13, 2003, showed CNN correspondent Brent Sandler and a CNN convoy of SUVs, complete with its own armed guard, approaching Tikrit, Iraq, intending to cover the effect of war in that city.

Experts Assess Media’s Coverage of the War in Iraq
Before the war with Iraq officially began, journalism school deans, professors, independent editors, journalists and authors sent an open letter to major media editors, publishers, producers and reporters.

The Media and the Military: U.S. Military Hampers the Work of Journalists
Foreign journalists claim mistreatment by Coalition Forces - U.S. military police were accused of mistreating four foreign journalists following their arrests the night of March 25, 2003.

The Media and the Military: U.S. Military Fires on Journalists’ Hotel
On April 8, 2003, a M1A1 Abrams tank from the 4th Battalion 64th Armor Regiment fired at what was believed to be an enemy lookout in the Palestine Hotel in Baghdad where a number of Western journalists were staying.

The Media and the Military: Questions Surround Rescue Operation of Pfc. Jessica Lynch
Nineteen-year-old army supply clerk Pfc. Jessica Lynch was captured in southern Iraq on March 23, 2003, when her convoy made a wrong turn and was ambushed.

U.S. Supreme Court Denies Certiorari in Deportation Hearings Case
On May 27, 2003, the United States Supreme Court decided it would not review the constitutionality of closed deportation hearings despite a split decision in the Sixth and Third Circuit Courts.

Journalists Who Lost Their Lives in Iraq
Fifteen journalists have died in the war with Iraq.

The Media in Iraq: Al-Jazeera Television
Established in 1996, with financing from the emir of Qatar, Al-Jazeera is the only independent broadcasting organization in the Arab states and is watched by 35 million people in the Arab world.

The Media in Iraq: Iraq Faces Possible Imposition of a New Media Ethics Code
In the weeks since the fall of Hussein’s regime, the media in Iraq have experienced phenomenal growth.

The Media in Iraq: New Media Outlets Growing in Iraq
Although the war with tanks and planes may have ended in Iraq, another war continues.

Eighteenth Annual Silha Lecture: “Political Liberty: Campaign Finance the the Freedoms of Speech and Association”
Join us on Thursday, November 6, 2003 at 7:30 pm for the 18th Annual Silha Lecture featuring Kenneth Starr.

Bulletin Winter 2003 
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The War on Terrorism: Balancing National Security and Civil Liberties
The Homeland Security Act: On Nov. 19, 2003, Congress passed the Homeland Security Act, H.R. 5005, signed by President Bush on Nov. 25, 2002.

Balancing National Security and Civil Rights: Court Rules Detainees Have No Rights to Hearings
A three-judge panel of the U.S. Court of Appeals (D.C. Cir.) ruled on March 11, 2003, that suspected Taliban and al-Qaida fighters now held and interrogated at Guantanamo Bay in Cuba have no right to hearings in U.S. Courts to challenge their detention.

Balancing National Security and Civil Rights: Analyst Sentenced For Leaking Information to London Times
Jonathan Clay Randel (not to be confused with the former Washington Post reporter Jonathan Randal, see “Qualified Privilege for War Correspondents Recognized by ICTY” on page 11 of this issue of the Silha Bulletin), an intelligence analyst employed by the Drug Enforcement Administration (DEA), was sentenced to a year in federal prison and three years supervised release for leaking U.S. government information to the Times of London from February 1999 until September 1999.

Special to the Bulletin: Guest Ethicist Gary Schwitzer: Cloning Announcement Spawns Ethical Debate
News coverage of the Dec. 27, 2002 announcement by the Clonaid company that a cloned human body had been born raises important ethical questions.

Recent Developments in Internet Law: Court Clears Yahoo!
A Paris criminal court on Feb. 11, 2003, threw out the case against Yahoo! by French human rights activists who claimed that Yahoo! and former Yahoo! chief executive Timothy Koogle should be held legally responsible for the online auctions that offered Nazi paraphernalia.

Recent Developments in Internet Law: North Rhine-Westphalia Blocks Neo-Nazi Web Sites
The Washington Post reported on Dec. 20, 2002, that North Rhine-Westphalia, Germany’s most populous state, has required Internet Service Providers (ISPs) to block two U.S.-based neo-Nazi Web sites.

Recent Developments in Internet Law: China, Vietnam Users Denied Access, Face Censorship
Publisher of Online Democracy Journal Detained in China; Chinese Student Arrested for Critical Essays Online

Recent Developments in Internet Law: Council of Europe Criminalizes Internet Hate Speech
The Council of Europe adopted a measure in November 2002 criminalizing Internet hate speech, including hyperlinks to pages that contain offensive content.

Recent Developments in Internet Law: Cybersquatter Held in Contempt
William Purdy, an anti-abortion activist who initially said he would run the risk of going to jail rather than give up Web site domain names that included such well-known corporate trademarks as The Washington Post, McDonald's, Pepsi and Coca-Cola, did not go to jail on Feb. 5, 2003, but was instead held in contempt of a court order issued by federal District Court Judge Ann Montgomery

Qualified Privilege for War Correspondents Recognized by ICTY
Jonathan Randal, the Washington Post reporter who appealed a court order to testify before the International Criminal Tribunal for the Former Yugoslavia (ICTY). has won his case for a qualified war correspondent's privilege.

Maryland Court Debates Electronic Access to Court Records
On Jan. 6, 2003, Chief Judge Robert M. Bell of the Maryland Court of Appeals named himself and Judges Lynne A. Battaglia and Alan M. Wilner as the members of a small panel to review and make suggestions to the full court regarding possible changes to the current policies on electronic access to court records, based on recommendations from a previous committee.

Recent Developments in Copyright Law: Recording Industry Association of America v. Verizon Internet Services
On Jan. 21,2003, a federal District Judge for the District of Columbia ordered Verizon Internet Services (Verizon), an Internet Service Provider (lSP), to reveal the identity of a subscriber suspected of illegally downloading over 600 music recordings in a single day.

Recent Developments in Copyright Law: DeCSS Update
New technology that makes it possible to crack the codes used by Hollywood to protect its copyrights has led to the battle of the entertainment industry versus so-called "hackers" and smaller computer software companies.

Recent Developments in Copyright Law: Copyright Term Extension Upheld as Constitutional
Congress sought to extend the term of copyrights in 1998, by passing the Copyright Term Extension Act (CTEA), also known as the Sonny Bono Copyright Term Extension Act.

Recent Developments in Defamation Law: Dow Jones & Company Inc. v. Gutnick
The High Court of Australia, that country's highest court, unanimously dismissed an appeal by Dow Jones on Dec. 10, 2002, seeking to stop the progress of a defamation suit by Australian mining magnate Joseph Gutnick.

Recent Developments in Defamation Law: Print, Internet Newspapers Wrestle with Questions of Jurisdiction
The U.S. Court ofAppeals (4th Cir.) in Richmond, Va. decided on Dec. 13, 2002, that a Virginia prison warden may not bring a libel suit in Virginia over articles appearing on the Web sites of two Connecticut newspapers.

Recent Developments in Defamation Law: Utah Supreme Court Strikes Down Nineteenth-Century Law
In a unanimous ruling on Nov. 15, 2002, the Utah Supreme Court struck down the state's 1876 criminal libel statute.

Courts Debate Television Broadcasting of Court Proceeding, Jury Deliberations
ABC News has started reviewing cases for a Colorado version of ''State v.," a national television program that offers a behind-the-scenes look at a criminal trial from the prosecution and defense preparation work through the verdict.

Local Governments Stifle the Press: Minneapolis Mayor Muzzles Cops
Although he has declined to specify exactly how the communications system between the police and the media has failed, in early February 2003 Minneapolis Mayor R. T. Rybak ordered police officers to check with city hall before speaking to reporters.

Local Governments Stifle the Press: Buying in Bulk Violates the Constitution
On Jan. 16, 2003 a three-judge panel of the U.S. Circuit Court ofAppeals (4th Circuit) held in Rossignol v. Voorhaar, 316 F. 3d 516 (4th Cir. 2003), that local law enforcement officials in Maryland may be sued for violating the First Amendment rights of a St. Mary's County, Md. newspaper by purchasing large quantities of the paper with the intent of squelching critical commentary.

Local Governments Stifle the Press: Tape Seizure Permissible, Even Without Warrant
In a per curiam decision, a three-judge panel of the U.S. Court of Appeals (8th Cir.) found no error in a District Court's ruling in a case involving the seizure of a journalists' videotape of a farewell banquet for city council members.

Sex Offender Registration Ruled Not Punitive
Two separate cases, handed down the same day by the U.S. Supreme Court, both ruled that registration of convicted sex offenders in a publicly-accessible database that collected certain personal information about them did not constitute a punitive measure.

Two Newspapers Lose in Satire, Parody Cases
A Texas appeals court has ruled again that the First Amendment does not protect a weekly newspaper's satirical piece.

Can Press Releases Be Considered Commercial Speech?
On Jan. 10, 2003, the U.S. Supreme Court agreed to review a controversial California Supreme Court decision, Nike, Inc. v. Kasky, No. 02-575, involving the shoemaker Nike and a California activist.

International Journalists Face Danger, Censorship
Reporters sans Frontiers (RSF), or Reporters Without Borders, a media advocacy group based in Paris, France, has released its annual report on worldwide freedom of the press.

2003 Silha Center Spring Ethics Forum
Since the September 11 attacks, journalists face new ethical challenges. 

Bulletin Fall 2002 
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Sixth, Third Circuit Courts Split on Deportation Hearings Question
The Sixth and Third Circuits have split on whether it is constitutional for immigration judges to automatically close “special interest” deportation hearings.

Balancing National Security and Civil Rights: Annual Report on Loss of Privacy Since September 11
Governments around the world have restricted privacy and increased surveillance in response to the terrorist attacks of September 11, according to a report released by Privacy International and the Electronic Privacy Information Center (EPIC).

Balancing National Security and Civil Rights: Reporters Test U.S. Security
Investigating the state of airport security in the United States after the Sept. 11, 2001 terrorist attacks, reporters from the New York Daily News, ABC News, and CBS News have smuggled various potentially dangerous weapons and materials through U.S. Security check points.

Cameraman Detained by Military
Reporters sans Frontieres (RSF) and the Committee to Protect Journalists (CPJ) are investigating reports that a Sudanese assistant cameraman was arrested in December 2001 at the Afghanistan-Pakistan border.

Center for National Security Studies v. U.S. Department of Justice
A federal district judge for the District of Columbia has ordered the United States Department of Justice to release the names of over 1,000 people detained as a result of the government's investigation of the September 11 terrorist attacks on New York and the nation’s capital.

Balancing National Security and Civil Rights: Foreign Intelligence Surveillance Appeals Court Reverses Lower Court
On Nov. 18, 2002, for the first time in its history, the Foreign Intelligence Surveillance Court of Review (FISCOR) decided a case.

U.S. Court Rulings Affecting Access to Information: Guidelines for Public Access to State Court Records Released
The Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) have released guidelines for public access to state court records.

U.S. Court Rulings Affecting Access to Information: South Carolina District Bans Secret Settlements
South Carolina’s federal judges have banned secret settlements, adopting Local Rule 5.03 on Nov. 1, 2002.

Colorado Rejects False Light Invasion of Privacy Tort
The Colorado Supreme Court has declined to recognize the tort of false light invasion of privacy, ruling that it substantially duplicates the tort of defamation and threatens to chill freedom of speech.

Recent Developments in Internet Law: FEC Campaign Finance Regulations Exempt Internet
On Sept. 26, 2002, the Federal Election Commission (FEC) issued regulations implementing the Bipartisan Campaign Reform Act (BCRA), which exempt the Internet from the Act’s new rules governing political advertising.

Saudi Government Censors Internet, According to Study
The government of Saudi Arabia engages in widespread censorship of the Internet, according to a recent study by the Berkman Center for Internet and Society at Harvard Law School.

Recent Developments in Internet Law: Internet Censorship in Asia
The governments of China and Vietnam continue to censor access to the Internet as more people can connect to it in their homes, Internet cafes, or at work.

Greek Law to Ban Electronic Game Fails
A Greek law banning electronic games was declared unconstitutional on Sept. 10, 2002, because it interfered with the player’s freedom of expression, Deutsche Presse-Agentur reported.

Belarusian Newspaper Editor Sentenced for Slandering President
On Oct. 15, 2002, a Belarusian court rejected the appeal of Rabochiy newspaper editor Viktor Ivashkevich’s sentence on charges of slandering that country’s president Alexander Lukashenko.

International Media Law Developments: Changes in European Union Data Surveillance Law
The European Parliament is considering changes to the 1997 European Union Directive on privacy in telecommunications.

New Press Law in Somalia
In a protest against a restrictive new press law, most media outlets in Somalia refused to operate on Oct. 3, 2002.

Zimbabwe Continues to Harass Independent Journalists
The Zimbabwe government, under Robert Mugabe’s repressive regime, continues to harass and intimidate independent journalists working in Zimbabwe.

International Media Law Developments: Russian Parliament Passes Bill Limiting Media Coverage
In what it characterized as an effort to fight terrorism, the Russian State Duma (Parliament) passed amendments to Article 4 of the law “On the mass media" and Article 15 on the law of “On fighting terrorism” on Oct. 23, 2002.

International Media Law Developments: New Press Law in Togo
A new press law, adopted Sept. 3, 2002, could allow Togolese courts to jail reporters for publishing false information about the nation’s president or other high ranking government officials.

Court Rules in Naomi Campbell Privacy Case
The Court of Appeal in London, England, has unanimously ruled that the London-based Daily Mirror was justified in publishing articles about supermodel Naomi Campbell’s drug addiction and therapy, in Campbell v. Mirror Newspapers, Ltd., [2002] EWCA Civ. No. 1373 (Oct. 14, 2002).

Journalists on the Frontlines: Military Reporters Join Forces to Fight Access Restrictions
Prompted by concerns that the impending war with Iraq may result in tighter restrictions for journalists trying to cover the conflict, a group of journalists who cover military news have founded a new group, Military Reporters and Editors (MRE).

Media Groups File Amicus Brief in International Criminal Tribunal
Thirty-four newspapers, media advocacy groups and non-governmental organizations filed an amicus brief on Aug. 17, 2002, with the Appeals Chamber in the International Criminal Tribunal for the former Yugoslavia.

Ethical Conundrums Puzzle Journalists: Media Coverage and the D.C. Sniper
Americans across the country gave a collective sigh of relief when two alleged snipers were arrested on Oct. 24, 2002, after being spotted asleep in a car at a rest stop near Frederick, Md.

Ethical Concerns Surround Tape of Mother Striking Her Child
The shocking video footage of Madelyn Toogood striking her four-year-old daughter Martha in a department store parking lot has sparked a debate about a variety of media ethics issues.

Ethical Conundrums Puzzle Journalists: Columnist Bob Greene Resignation Raises Ethics Questions
Bob Greene, a nationally syndicated columnist for the Chicago Tribune, tendered his resignation after allegations of past “sexual misconduct” with a 17-year-old girl who was also a source.

Faxing Search Warrant Approved by Eighth Circuit
A three-judge panel of the United States Court of Appeals for the Eighth Circuit ruled in November 2002 that faxing a search warrant seeking e-mails from Yahoo!’s server was reasonable under the Fourth Amendment, even though no law official was present at the time the search was conducted.

Bush Urges Passage of Virtual Law on Child Pornography
In an Oct. 23, 2002 speech on children’s online safety, President Bush urged the Senate to join the House in passing a law that would make both virtual and actual images of child pornography illegal.

Fall 2002 Silha Forum Centers on the Topic of Computer Privacy, Government Investigations
The 2002 Fall Silha Forum on Oct. 16, 2002, featured Professor Stephen J. Cribari, speaking on “Privacy in Cyberspace?  Computers, the Internet, and Government Investigations.”

Silha Lecturer Anthony Lewis Speaks to Packed House
Speaking at the 17th Annual Silha Lecture to an overflow audience numbering nearly 350, Anthony Lewis said, “In this democracy, it is the job of all of us to protect our freedoms.”

SPJ Ethicist Develops Balancing Factors for Journalists
Since the September 11 attacks on America, journalists have faced a new set of ethical challenges, arising from concerns about national security, personal safety and tighter restrictions on government and law enforcement information.

Should National Security Be Exchanged for Civil Rights?
Depending on whom you talk to, either everything changed on Sept. 11, 2001, or nothing changed.

Bulletin Spring 2002
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Former Washington Post Reporter Subpoenaed by International Criminal Tribunal
Jonathan Randal, who in 1993 wrote a story for The Washington Post containing quotes from an interview with former Bosnian Serb housing minister, Radoslav Brdjanin, was subpoenaed on January 28, 2002 to appear before the International Tribunal for the Former Yugoslavia (ICTY).

Recent United States Supreme Court Rulings: Watchtower Bible and Tract Society of New York v. Village of Stratton
The U.S. Supreme Court has struck down a Stratton, Ohio, ordinance requiring solicitors to register with the mayor’s office and obtain a permit before engaging in door-to-door canvassing.

Recent United States Supreme Court Rulings: Gonzaga University v. Doe
The Family Educational Rights and Privacy Act of 1974 (FERPA) does not create a judicially enforceable individual right to privacy, the U.S. Supreme Court ruled on June 20, 2002.

Recent United States Supreme Court Rulings: Republican Party v. White
In a 5 to 1 decision issued June 27, 2002, the U.S. Supreme Court struck down a Minnesota legal ethics code prohibiting candidates for judicial office from announcing their views on “disputed legal or political issues.”

Florida Autopsy Records Remain Sealed
On July 12, 2002, a three-judge panel of the Florida appeals court affirmed a ruling by Broward County Fla. Circuit Court Judge Leroy H. Moe that autopsy photos are “presumptively private,” upholding a state law sealing autopsy photos passed following the death of NASCAR racer Dale Earnhardt on Feb. 18, 2001.

International Law: Mexico Passes Freedom of Information Act
On June 10, 2002, President Vincente Fox fulfilled his campaign promise to promote an open government by signing Mexico’s first freedom of information act.

International Law: New Romanian Press Law Signed
On June 10, 2002, Romanian president Ion Iliescu said that he would not sign into law proposed legislation that would have required newspaper editors to publish responses to articles readers found offensive.

Boston Newspaper Links to Video of Daniel Pearl
In June 2002, alternative newspaper the Boston Phoenix posted a link on its Web site to the unedited photo showing the beheading of Wall Street Journal reporter Daniel Pearl by Pakistani terrorists.

Newspapers Under Siege: British Newspapers Ordered to Return Documents
Five of Britain’s largest news organizations were served court orders on July 12, 2002 by lawyers from Interbrew SA, a Belgian brewing company, directing them to return original copies of leaked and falsified documents about Interbrew’s bid to take over South African Breweries (SAB).

Newspapers Under Siege: Bay Area Newspapers Searched
Palo Alto police served several newspapers in the San Francisco Bay Area with search warrants during June 2002.

Freedom of Speech Stifled: Zimbabwe
Twelve journalists have been arrested in Zimbabwe since the March 15, 2002 passage of repressive new press laws.

Freedom of Speech Stifled: Belarus
Two Belarussian journalists, Nikolai Markevich and Pavel Mozheiko, were convicted of libeling Belarussian President Alexander Lukashenko on June 24, 2002, according to the Associated Press.

Freedom of Speech Stifled: Italy 
Two popular Italian television programs whose anchors have been critical of Prime Minister Silvio Berlusconi were removed from the fall 2002 lineup on state television RAI in late June.

Developments in Internet Law: The Internet and Public Libraries
On May 31, 2002, a federal court special panel in Philadelphia ruled that the Children’s Internet Protection Act (CIPA) signed by President Clinton in 2000, is unconstitutional and violates the First Amendment.

Developments in Internet Law: Minnesota Supreme Court Rules on Internet Libel Case
The Minnesota Supreme Court Ruled in July 2002 that statements made by a Minnesota resident in an Internet chat room were not sufficiently directed toward readers in the state of Alabama to require Minnesota to confer “full faith and credit” on an Alabama district court decision finding that the statements were libelous (see Griffis v. Luban, 2002 Minn. LEXIS 461 (Minn.2002.)

Developments in Internet Law: New York Rules on Republication
On July 2, 2002, the New York Court of Appeals, the state’s highest court, unanimously decided that Internet publications are subject to the single publication rule, so that each subsequent viewing of an Internet site is not considered to be a republication.

Developments in Internet Law: House Passes Amendment to Child Pornography Protection Act
In a reaction to the U.S. Supreme Court’s ruling on April 16, 2002, that it is unconstitutional under the First Amendment to ban the production, possession, or distribution of computer-generated child pornography (Ashcroft v. Free Speech Coalition, 122 S. Ct. 1389 (2002); see also Spring 2002 Bulletin, “Supreme Court Strikes Down Virtual Child Pornography Law:), the House passed HR 4623, the Child Obscenity and Pornography Prevention Act of 2002, on June 25.

Developments in Internet Law: Internet Use Restricted in China
A “Declaration of Internet Users’ Rights” was published by 18 Chinese dissidents and intellectuals in China on July 29 2002, according to Agence France-Presse.

Developments in Internet Law: The Silha Center Files Brief in Bunner Case
The Silha Center has joined the American Civil Liberties Union and the American Civil Liberties Union of Northern California in an amicus brief in DVD Copy Control Association, Inc. v. Bunner (No. S102588), filed in the California Supreme Court on July 11, 2002.

Developments in Internet Law: Cybersquatting
Cybersquatting is defined in Black’s Law Dictionary as “the act of reserving a domain name on the Internet, especially a name that would be associated with a company’s trademark.”

Philadelphia Inquirer Reporters Found in Contempt
Four reporters from the Philadelphia Inquirer were found in contempt and sentenced in June 2002 for violating a court order not to “contact or attempt to interview” any member of the jury of the New Jersey murder trial of Rabbi Fred Neulander, who was charged with hiring a hit man to kill his wife, Carol.

Personal Freedoms at Risk: European Union and Web Site Users
Europol, the police and intelligence arm of the European Union, has proposed a plan that will require member states’ telephone operators and Internet Service Providers to retain records regarding telephone and Internet activity for a period of up to five years.

Personal Freedoms at Risk: Homeland Security
President Bush’s proposal for a new cabinet-level Department of Homeland Security contains provisions for a broad FOIA exemption.

Reporters Subpoenaed, Detained: Attorneys for Lindh Subpoena CNN Reporter
On July 12, 2002, Federal District Judge T.S. Ellis III refused to quash a subpoena issued to Robert Young Pelton, the CNN reporter who interviewed American Taliban fighter John Walker Lindh.

Reporters Subpoenaed, Detained:  Wally Wakefield Subpoena Update
In mid-June, 2002, a Minnesota Court of Appeals panel reversed a lower court ruling that held Maplewood Reporter Wally Wakefield in contempt for not revealing his sources in a libel suit, releasing Wakefield from contempt charges and a $200 a day fine.

Reporters Subpoenaed, Detained: Reported Held by State Department
Joel Mowbray, a reporter for the National Review, was held for half an hour at the conclusion of a briefing at the State Department in Washington, D.C., on July 12, 2002.

Bulletin Spring 2002
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Supreme Court Strikes Down Virtual Child Pornography Law
It is unconstitutional under the First Amendment to ban the production, possession or distribution of child pornography, the Supreme Court ruled on April 16, 2002.

University of Minnesota Press Publication Center of Controversy
The University of Minnesota Press has been in the eye of a media storm surrounding its publication of Harmful to Minors: The Perils of Protecting Children from Sex by New York journalist Judith Levine.

Colorado Bookstore Wins Battle to Protect Customers’ Privacy
In April 2002, the Colorado Supreme Court ruled that The Tattered Cover Bookstore would not be required to hand over information regarding customer purchases to investigators.

Los Angeles Newspaper Offices Temporarily Shut Down in Effort to Find Invoice
On May 2, 2002, investigators from the Los Angeles County District Attorney’s office shut down operations at a small newspaper for three hours while they searched files for an invoice for an advertisement that was placed three months earlier.

Journalism Ethicist Louis W. Hodges Will Retire in 2003
Louis W. Hodges will retire as Knight Chair in the Ethics of Journalism at Washington and Lee University at the end of the 2002-2003 academic year.

Italian Prime Minister’s Media Holdings Running Risk of Becoming a Monopoly
Ever since the election that resulted in media mogul Silvio Berlusconi becoming Prime Minister of Italy, questions have been raised about his ever-increasing control over the media.

Pending Bills May Hamper Freedom of the Press for Japanese Media
Japanese journalists are worried that two bills currently being considered by the Japanese Parliament, the Diet, could seriously hamper freedom of the press.

Harvard Business Review Faces Ethical Challenges
The reputation of the prestigious Harvard Business Review has been tainted by questions of credibility and ethics in the wake of a high profile incident that led to the resignation of the editor, Suzy Wetlaufer.

Minnesota Governor Signs New Privacy Bill into Law
Minnesota Governor Jesse Ventura signed a bill on May 27, 2002, making Minnesota the first state in the nation to give Internet users control over whether or not their service provider can disclose or sell their personal information.

Silha Center Comments on Model Policy Governing Electronic Access to Court Records Developed by National Center for State Courts
The National Center for State Courts has developed a Model Policy on Public Access to Court Records.

Pilot Program Approved by Judicial Conference to Allow Public Access to Criminal Case Files
On May 7, 2002, the Judicial Conference of the United States, the principal policy-making body for the federal court system, announced the approval of a pilot program that will allow public online access to criminal case files.

Pulitzer Prize Winner Anthony Lewis to Deliver Silha Lecture
First Amendment scholar, two-time Pulitzer Prize winner, author and former New York Times columnist Anthony Lewis will deliver the seventeenth Annual Silha Lecture on Oct. 8, 2002.

Bulletin Winter 2002
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The USA PATRIOT Act: How Patriotic Is It?
This essay originally appeared in the December 2001 Libel Defense Resource Center’s (LDRC) LibelLetter.

Cameras Banned at Trial of Alleged Terrorist
Even though alleged terrorist Zacarias Moussaoui has himself requested cameras at his conspiracy trial, U.S. District Court Judge Leonie Brinkema (E.D. Va.) on Jan. 18, 2002 denied the motion of the Courtroom Television Network (Court TV) to broadcast the pretrial and trial proceedings.

Appeals Court Rules Ban on Hyperlinks Constitutional
On Nov. 28, 2001, the U.S. Court of Appeals for the Second Circuit unanimously ruled in Universal City Studios v. Corley (273 F 3d 429 (2001)) that an injunction prohibiting web sites from publishing hyperlinks to another site which contains information on how to unlawfully copy DVDs and other digital material is constitutional.

Digital Company Creates Ethics Guidelines
DigitalCustom, a production company in the business of custom editing digital photographs and still images, sponsored the first version (release version #1.0) of ethics guidelines for editing digital images on Feb. 24, 2002.

Autopsy Records Laws Restricting Access
A year after his death in the Daytona 500, the battle over the access to Dale Earnhardt’s autopsy photos continues.

“Television and the War on Terrorism”
“Television and the War on Terrorism,” a series on how the events of September 11 transformed the national consciousness, was shown live February 11-13 and March 6-7, 2002.

Book on Torture Leads to Fines for French General
Should all political speech be protected, even if it is used to justify the unjustifiable?

Vanessa Leggett Released from Jail
On Jan. 4, 2002, aspiring writer Vanessa Leggett was freed after serving 168 days in the Federal Detention Center in Houston, Texas.

Internet Speech Threatened by Global Standards
Potential restrictions on internet news services were averted at UNESCO’s General Conference that took place October 15 - November 3, 2001.

French Court’s Order Against Yahoo! Not Enforceable in United States
A French court’s order seeking to force Yahoo! to either prevent French users from viewing Nazi memorabilia or pay a fine of $13,000 a day is not enforceable in the United States, a federal judge in San Jose, CA., ruled on Nov. 7, 2001.

Minnesota Shield Law Facing Test
Wally Wakefield, a Minnesota reporter, has been ordered by Ramsey County District Court Judge Dale B. Lindman to pay a $200 per day fine for refusing to identify confidential sources he used in a story he wrote five years ago.

Tape Confiscated from Maplewood Journalists
On October 26, 2001, the federal District Court in Minnesota rejected two Minnesota journalists’ lawsuits against the City of Maplewood and four police officers for ejecting them from a community banquet and confiscating their tape of the event on Dec. 28, 1999.

Silha Forum Focuses on Computers, the Constitution, Criminal Investigations
The Silha Center’s Fall 2001 Forum, entitled “The Constitution, Criminal Investigations and Digital Media,” was timely following the events of Sept. 11, 2001 and the passage of the USA PATRIOT Act.

Spring Silha Forum Will Feature MSNBC.com Ombudsman
The Spring Silha Forum, scheduled for April 10, 2002, will feature MSNBC.com ombudsman Dan Fisher.

Silha Director to Participate in “Great Conversations”
Jane Kirtley, Silha Director and Silha Professor, will take part in a conversation with Brian Lamb, creator and CEO of C-SPAN on Tuesday, April 2, 2002, at 7:30 p.m.

Bulletin Fall 2001
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Fighting Back Against Information Shutdown, At Home and Abroad
This essay originally appeared on the Web site of the Poynter Institute, www.poynter.org, and is reproduced with permission.

News Council Rules on Complaints Brought by Government Bodies
During the summer of 2001, the Minnesota News Council (MNC) heard two complaints brought by government bodies against local newspapers.

J. Edward Gerald Remembered
University of Minnesota’s School of Journalism and Mass Communication Professor Emeritus J. Edward Gerald passed away on July 18.

Journalists’ Records Subpoenaed in Separate Cases
Two recent cases have raised concern in the journalistic community about the Justice Department’s policy on issuing subpoenas against journalists.

War Against Terrorism Means New Challenges for News Media
Responding to the events of September 11, 2001, the White House and other governmental agencies have made requests, and in some instances, placed restrictions on the media and American citizens regarding speech and information.

Ohio Man Jailed for Diary Contents
In early July, an Ohio man, 22-year-old Brian Dalton, was sentenced to serve ten years in prison for writing about sexual fantasies in his diary.

Secret Police Files Center of Privacy Debate in Former East Germany
Two important rights — the right to privacy and the public’s right to know — are struggling to find balance in the former German Democratic Republic.

Silha Center Co-Sponsors Forum on Terrorist Attacks on America
News reporting as it should be done, with greater focus on hard news, issues, and international concerns, has resurfaced in the wake of the attacks on New York and Washington on September 11.

Correction: Dale Earnhardt
A story about access to Dale Earnhardt’s autopsy photos, “New Florida Law Closes Door on Autopsy Photos” appeared in the Summer 2001 issue of the Bulletin.

Judicial Conference Casts Vote on Accessibility of Electronic Files
On Sept. 19, 2001, the Judicial Conference of the United States adopted a report with recommendations regarding policies that govern the electronic availability of federal court case file information.

Guidelines Issued for Coverage of Suicides
A panel of experts in behavioral sciences, suicide and media studies issued a set of guidelines for news outlets’ coverage of suicides on Aug. 9, 2001.

Bartnicki v. Vopper Topic of Sixteenth Annual Silha Lecture
First Amendment attorney Lee Levine says that the biggest victory for the press in Bartnicki v. Vopper is that the Supreme Court reaffirmed the principle established in New York Times v. Sullivan, that the media cannot be punished for publishing truthful information about a matter of public concern.

Bulletin Summer 2001
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U.S. Supreme Court Rules in Historic Bartnicki Case
In the most anticipated law decision in nearly ten years, the Supreme Court ruled on May 21, 2001 that a news organization cannot be punished for disseminating the truthful contents of an illegally recorded telephone conversation as long as the information is in the public interest and the news organization did not participate in the interception.  

New Florida Law Closes Door on Autopsy Photos
On February 18, while driving the last lap of the Daytona 500, NASCAR racecar driver Dale Earnhardt was killed when his car hit a wall.  

Access to McVeigh Execution Prompts Ethical, Legal Debate
In the media frenzy over convicted Oklahoma City bomber Timothy McVeigh’s last appeals, postponed execution and final hours, one widely-debated aspect of his demise — not unlike those misplaced FBI files — seemed to be lost.

Russian Media Wrestles With Democratization Process
As the former Soviet Union continues its struggle with democratization, it is becoming apparent that the struggle is difficult for the independent Russian media as well.  

Miami Reporter Agrees to Restraining Order
Investigative reporter Jilda Unruh, who has been called the “Pitbull in Pumps” — a name she first earned as producer and host of “The Jilda Unruh Show” at KTUl-TV in Tulsa — has agreed to a restraining order preventing her and other WPLG-Channel 10 (Miami) reporters from interviewing a prominent Florida lobbyist.  

Bartnicki Attorney to Deliver 2001 Silha Lecture
Lee Levine, a prominent First Amendment Attorney who successfully represented the media defendants in Bartnicki v. Vopper before the United States Supreme Court, will present the 2001 Silha Lecture on Tuesday, October 2, 2001, entitled, “Newsgathering on Trial: The Supreme Court and the Press in the 21st Century.”

Bulletin Spring 2001
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Silha Center Co-authors Amicus Brief in First Amendment Case
For the first time since its founding in 1984, the Silha Center for the Study of Media Ethics and Law has co-authored an amicus curiae (“friend of the court”) brief in a First Amendment case.

British Court Issues Historic Privacy Decision
In a landmark ruling on December 21, 2000, the Court of Appeals in London recognized for the first time a right to privacy in British law.

Silha Center Joins Advisory Council of The Cornerstone Project
In January 2001, the Silha Center joined the Advisory Council of The Cornerstone Project.

Silha Forum Focuses on Film Restoration
On February 8, 2001, the Silha Forum marked a creative departure from typical fora of the past which have dealt with issues relating to press law and ethics.

Silha Center Offers Comments on Access to Court Records
In an effort to encourage greater public access to court records in electronic format, the Silha Center submitted formal comments on Jan. 26, 2001, to a subcommittee of the United States Judicial Conference, arguing that privacy concerns should not deter the courts from continuing their efforts to provide access to judicial records through computer networks, including the Internet.

Yahoo! Bans Sales of Nazi Memorabilia After French Ruling
On January 3, 2001, Yahoo! decided to ban the sale of Nazi memorabilia on its auction site, six weeks after a court in Paris ordered the U.S.-based company to bar French surfers from its auctions.

FAIR Compiles Report of Pressures on Journalists
Although the United States Constitution guarantees the country’s media freedom from government interference, some have argued that this freedom and independence are being endangered from a different threat: corporate interests and financial pressures are said to shape and determine news and media content.

Terrorists and Criminals Seeking Media Access Sparks Ethics Debate
When, if ever, is it justified for the media to provide a forum to criminals and terrorists, and when, if ever, is it justified for journalists to cross the line between bystander and participant?

Silha Lecture 2001 to Focus on Bartnicki v. Vopper
Lee Levine, the prominent First Amendment attorney who represented the media defendants in Bartnicki v. Vopper, currently pending before the Supreme Court of the United States, will present the 2001 Annual Silha Lecture on Tuesday, October 2, 2001, beginning at 7 p.m.

Bulletin Fall 2000
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Supreme Court to Rule on Wiretap Case
The U.S. Supreme Court agreed on June 26 to decide whether a radio station may be subject to civil liability for broadcasting a tape of an illegally intercepted cellular phone conversation, when the station received the tape anonymously and played no part in the interception.  

A Living Legacy: The Silha Center at the Millennium
September 11, 2000 will mark the first anniversary of the passing of Otto A. Silha, the philanthropist and visionary who, together with his wife, Helen, founded the Silha Center in 1984.  

Information Revolution Brings Privacy Concerns
With the continuing computerization of government records and the development of sophisticated new database technologies, journalists should be in the midst of a government-access renaissance.  

Award-Winning Political Cartoonist to be Silha Lecturer
Chip Bok, the award-winning editorial cartoonist for the Akron Beacon Journal, will present the annual Silha Center Lecture on November 2 at 7:00 pm at the Fitzgerald Theater in St. Paul.  

“Community Standards” Test Is Fatal Flaw for Federal COPA
Congress’ latest effort to shield minors from “harmful” Internet content was struck down on June 22 by the U.S. Court of Appeals for the Third Circuit in ACLU v. Reno (Reno III), No. 99-1324, 2000 WL 801186 (3d Cir. June 22, 2000).  

Bulletin Spring 1999
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Jane Kirtley Named New Silha Professor
Jane Elizabeth Kirtley, executive director of the Reporters Committee for Freedom of the Press, has been appointed the new Otto and Helen Silha Professor of Media Ethics and Law.

Silha Professor Emeritus Donald Gillmor Honored 
Retired School of Journalism and Mass Communication Silha Professor Donald M. Gillmore was honored by the Minnesota Newspaper Association with its Al McIntosh Distinguished Service to Journalism Award at the 132nd Annual MNA Convention Banquet on January 29 in Bloomington, Minn.

Hong Kong’s Media Ethics After the Handover
What has happened to Hong Kong’s once vibrant media in the second year after regime change?

Minnesota Supreme Court Recognizes Civil Remedy for Invasion of Privacy
When three Minnesota women brought their roll of vacation photographs to their local Wal-Mart Store last year, they didn’t realize that their actions would result in a landmark decision from the state’s highest court finally recognizing a civil remedy for invasion of privacy.

Web Site a “True Threat” to Abortion Providers
Despite the designer’s claim that his anti-abortion website was meant to be an archive and not a direct threat against the individuals listed there, in February a grand jury in Portland, Ore., found that the website “The Nuremberg Files” constituted “true threats” and was unprotected speech.

Silha Center Moving
As this academic year comes to a close, activity in the Silha Center is speeding up in anticipation of a major move.

Bulletin Winter 1999
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How Twin Cities’ Media Paved Ventura’s Way to the State Capitol
On election eve, Nov. 3, Raelin Story, a local KSTP reporter, interviewed Roger Moe, Herbert “Skip” Humphrey III’s running mate.

Silha Professor Candidates Sought 
The University of Minnesota School of Journalism and Mass Communication seeks applications and nominations for the Silha Professor of Media Ethics and Law.

New Silha Fellows Named
The Silha Center announces its two new Fellows for the 98-99 academic year: Jack Breslin and Erik Ugland.

Some Impediments to Ethical Journalism in the Philippines
In the late 1980s as a doctoral student studying Philippine provincial journalists and their self-perception as agents of social change and development, I stumbled upon a reality I hadn’t anticipated in my research design, and one that I had no easy way to measure.

Book Review: Just the Facts: How “Objectivity” Came to Define American Journalism
In beginning his historical study of journalistic objectivity, author David Mindich discusses whether the term should be put inside quotation marks or not — in other words, is objectivity an achievable goal or an unattainable myth?

Highlights From PLI Conference
With breakneck changes occurring in the communications industry — from mega-mergers to deregulation to the internet explosion — the regulatory and the First Amendment boundaries governing the media are in transition.

Internet Pornography - Zoning the Internet: A Possible Solution to Internet Pornography Problems
One of the most legislatively active and controversial areas in media law today is Internet pornography.

Will “CDA II” Be Found Constitutional?
In recent years, Congress has tried to make and pass laws that will control sexual material on the Internet — and do so constitutionally.

Bulletin Summer 1998
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Minnesota Shield Law Amended to Explicitly Protect Unpublished Materials
This is a special report for the Bulletin written by Mark Anfinson, attorney for the Minnesota Newspaper Association and an instrumental player in the passage of the newly amended Minnesota Free Flow of Information Act, otherwise known as the Minnesota Shield Law.

What Minnesota’s New Shield Law Does, and What It Means for Journalists
Cases throughout the 1990s, such as the Minnesota Daily case, State v. Knutson, which was resolved in January 1996, demonstrated Minnesota courts’ increasing willingness to narrowly interpret the shield law as it stood, even though journalists thought that the protection outlined in the law extended to their unpublished notes and photos.

Interview with Author/Journalist Jeremy Iggers
In his new book, Good News, Bad News Journalism Ethics and the Public Interest, (Westview Press, 179 pp., $55 cloth, $17.50 paper) Jeremy Iggers argues that journalism’s “institutionalized conversation” about ethics avoids confronting crucial issues facing today’s media, including their public interest and civic duties.

Cyberporn and Dangerous Judicial Precedent
The issue of online pornography has been talked to death.

Bulletin Spring 1998
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First National Media Ethics & Law Conference Debates News Technology, Ethics, and Newsgathering
Held on the weekend of April 18 and 19, the Silha Center’s National Media Ethics and Law Conference drew more than 100 leaders in media law and ethics to Minneapolis to discuss the applicability of traditional legal and ethical principles to new media and new ethical climates.

Gillmor “Roasted” at Conference Banquet
A warning to aspiring young journalists who later become distinguished mass communication law scholars: A feature newspaper story that you write at 23 could come back to haunt you 47 years later.

Professor Gillmor Remembers
It is with a deep sense of loss that I take my leave of a journalism program that I have admired and been a part of, spiritually or physically, since I came to Minnesota as a foreign graduate student in 1949.

Book Review
Patterson, Philip and Lee Wilkins (eds.) (1998). Media Ethics: Issues and Cases (3rd. ed.)

Bulletin Winter 1998
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Prof. Gillmor’s  Last Class is “Bittersweet”
As Professor Donald Gillmore conducted his last class after 45 years of teaching, he admittedly had mixed feelings about ending his academic career at the University of Minnesota’s School of Journalism and Mass Communication.

Silha Center Hosts National Media Ethics and Law Conference
The Silha Center is gearing up for what it hopes will be the first of many gatherings of professional editors and reporters, mass media attorneys, and communications scholars.

Abstract
This paper was accepted for presentation at the Newspaper Division of the AEJMC Southeast Colloquium, March 12-14, 1998, New Orleans.

Bulletin Fall 1997
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Public/Civic Journalism Pioneer to Discuss Journalistic Detachment in Silha Lecture
Journalist Davis “Buzz” Merritt, Senior Editor of the Wichita Eagle, and his colleague, Jay Rosen, a New York University professor, had already been developing their ideas about better integrating journalism into public life for some time when they finally came up with the name “public journalism.”

Q & A with Davis Merritt
The following are edited excerpts from an Oct. 6 interview conducted by Jack Breslin.

Welcome, Elaine!
The Silha Center is pleased to introduce its new administrative assistant, Elaine Hargrove-Simon.

Bulletin Summer 1997
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Supreme Court Rules in Favor of Free Speech on the Internet
An Act of Congress written in haste by former Democratic Sen. James Exon of Nebraska and signed by President Clinton to mollify components of the Christian Right has been struck down by a near unanimous U.S. Supreme Court.

WCCO Rethinking News Council Role
WCCO Channel 4 and the Star Tribune were noticeably absent at recent Minnesota News Council hearings where complaints were filed against them.

Research Paper Abstracts
“Heat of the Moment: Flag-Burning and Legal Theory” by Genelle Belmas and “Dimensions of Intolerance: Measuring Individual Attitudes about the Limits of Free Expression” by Jennifer Lambe.

Upcoming Events at Silha Center
Silha Lecture Tuesday, Nov. 4, 1997 and National Media Law Conference, April 17-19, 1998.

Bulletin Spring 1997
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Food Lion Case Points to Unresolved Issues
When should journalists use deception in gathering the news?

Information Regulation Debated
In the most recent session of the Minnesota Legislature, a number of initiatives were introduced that would regulate the free flow of information in society.

Media Winning on Libel Front
Although the reporter’s shield law is providing far less protection for journalists braving Minnesota’s blustery First Amendment legal environment, the state’s Court of Appeals recently provided a break from what has been a long, litigious winter for the media.

Tackling Telecommunications in Minnesota
Minnesota will be the leader in the use of information and communication technologies for the benefit of its citizens, states the October 1996 report “Achieving Minnesota’s Vision for Information and Communication’s Technology,” released by the Minnesota Office of Technology.

Book Review
John C. Merrill, Journalism Ethics: Philosophical Foundations for News Media.  New York, St. Martin’s Press, 1997.

Research Paper Abstract
“A New Tool for the Assessment of News Councils,” by William A. Babcock, Jennifer L. Lambe, and Genelle I. Belmas.

Middle Ground Not Found on Shield Law
At a Silha Center Forum titled “The Shield Law and Beyond: Is There a Middle Ground?” leading Minnesota lawyers, judges, and journalists may not have found a middle ground.

Bulletin Winter 1997
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WCCO Chastised by News Council
In the most highly publicized hearing before the Minnesota News Council in its 25-year history, WCCO-TV was chastised on October 18 for an investigative series that raised serious questions about Northwest Airline’s safety and maintenance record.

PLI Presents Communications Law Update
Although the United States has the best protection for mass communication to be found in the world, that protection is subject to review, sometimes resulting in less favorable legal conditions for the media.

1996 Media Ethics in Review
I still remember Susan Feeney’s phone call.

1996 Media Law in Review
As in prior years, 1996 proved turbulent for the First Amendment and the media.

Gillmor Honored at Events
Silha Professor Donald M. Gillmor was honored on two occasions in recent months.

Book Review
Everette E. Dennis and Edward C. Pease, eds., Children and the Media.  New Brunswick: Transaction Publishers, 1996

Bulletin Fall 1996
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Silha Lecturer to Question Press Partisanship
In his fireside chats, Franklin D. Roosevelt circumvented the press and took his message directly to the people.

From the Silha Professor: Whither Goes “Indecency?”
A few months ago, a three-judge federal district court in Philadelphia, chaired by Chief Judge Delores Sloviter of the Third Circuit Court of Appeals, did what Congress failed to do.

Book Review: David S. Allen and Robert Jensen, eds., Freeing the First Amendment: Critical Perspectives on Freedom of Expression.  
At first glance, the title of the collection of essays makes little sense.

Q & A with Everette E. Dennis 
Everette E. Dennis has been a pioneer in media research, and his current assignment is no different.

TV Transmits Corporate Culture, Gerbner Argues
Television has transformed the nature of socialization, media researcher George Gerbner told an audience of about 100, on August 25 at the University of Minnesota’s Humphrey Institute.

Bulletin Summer 1996
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Forum addresses arts coverage
Is today’s media environment a harsh one for arts coverage?  

Ban on advertising of liquor prices lifted
On May 13, the U.S. Supreme Court struck down a Rhode Island law banning advertising of retail liquor prices, except in the store.

1996 Silha Lecture Scheduled
The annual Silha Lecture will be Thursday, Oct. 17, at 12:15 p.m. in Cowles Auditorium, Humphrey Center, on the West Bank of the University of Minnesota.

Book Review
Edward J. Cleary, Beyond the Burning Cross: A Landmark Case of Race, Censorship, and the First Amendment.  New York: Vintage, 1994

Forum Finds Media Distort Crime, Violence
Media coverage of crime and violence is often misleading and fails to examine the journalists and community members attending the “Journalists, Violence and the News” forum May 17 at the University of Minnesota Law School.

Bulletin Spring 1996
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Telecom Act Spurs Action
Passage of the 1996 Telecommunications Act prompted a flurry of activity in the industry, the Federal Communications Commission, and the courts.

Point
“. . .[W]here no additional legal steps are either possible or realistic, the orders of a final judicial body should be obeyed, even though that body may be ill-advised or wrong-headed.”

Counterpoint
“No one should lightly disregard court decisions.  Should laws be arbitrarily disregarded, anarchy may result.  But . . . progress can come from ethically motivated civil disobedience.”

Research Abstracts: Current Silha Center Research
William Babcock, Silha Center director, and students working with the Center have been involved in a research project on journalists’ use of anonymous sources, the impact of the Cohen v. Cowles Media court decision, and the roles of newspaper ombudsmen.

Research Abstracts: Reality-Based Television: Weaving the Web of Facticity into the Cloth of Popular Culture
This panel examines the changing relationship between news- and entertainment-oriented network television in the United States, in an effort to expand dialogue on the role of television in the social creation of popular culture.

Research Abstracts: Feminist Criticisms of the Public Sphere: Where Do We Go From Here?
When Jürgen Habermas’ book, The Structural Transformation of the Public Sphere, was translated into English in 1989, it caused an explosion of academic publication exploring his concept of the public sphere.

Silha Center Hosts Political Reporting Forum
Americans are disenchanted with political reporting.

Bulletin Winter 1996
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Censorship on the Internet
In September 1995 the University of Minnesota announced a policy to guide university-linked World Wide Web sites.

Minnesota Media Law Notes ‘95
Far and away the most dramatic legal episode of 1995 has been the continuing saga of Minnesota Daily editor Michele Ames’s, and before her, Pam Louwagie’s, refusal to comply with a subpoena issued by Hennepin County Attorney Michael Freeman in the criminal assault charges growing out of a brawl between a member of the Progressive Students’ Organization and an alleged neo-Nazi.

Media Ethics ‘95
Let me share my reflections on some ethical issues faced by the mass media this past year.

From the Director: Center Updates
Following a major equipment expenditure last year, the Silha Center now has up and operating two Pentium computers with 16 mb memory.

Bulletin Fall 1995
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ACLU President to Deliver Silha Lecture on Media Sex & Violence
Nadine Strossen, president of the American Civil Liberties Union (ACLU), will deliver the 1995 Silha Lecture.

SJMC Announces Change in Silha Directorship
In the fall of 1984, I presided proudly over the opening of the Silha Center for the Study of Media Ethics and Law, with the able assistance of Theodore Glasser.

Group Discusses Free Speech in Cyberspace
Twenty-first century computer communication is uniquely suited to promoting First Amendment values, a group of 50 educators, students, and journalists were told at a Washington, D.C. seminar in August.

Q & A With Nadine Strossen
The following are edited excerpts from a September 6 interview.

Q & A With Gary Gilson
Gilson has been the executive director of the Minnesota News Council for four years.

Research Paper Abstracts

• Constitutional Considerations of the Escrowed Encryption Standard by Pat Bastian, 1995-1996 Silha Fellow
• Cohen v. Cowles Media: Has the Court Decision Affected Journalistic Practices? By William A. Babcock, Silha Center Associate Director, and Sherrie L. Wilson, Former Silha Fellow

Bulletin Summer 1995
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Minnesota News Council Hears Women’s Studies Complaint: Hearing Summary
The Minneapolis-based Star Tribune did not act unethically when an undercover reporter wrote a story about a class in the University of Minnesota’s women’s studies department, the Minnesota News Council decided May 18.  

Minnesota News Council Hears Women’s Studies Complaint: Guest Commentary
Last year the Star Tribune ran a set of stories questioning the academic integrity of the University’s women’s studies department.  

Center Announces 1995-96 Silha Fellows
The Silha Center is pleased to introduce its fellowship recipients for the 1995-96 academic year. 

Janet Cooke Revisited
It’s nearly 15 years since Janet Cooke’s false account of a meeting with an eight-year-old heroin addict and his family ran on page one of The Washington Post.  

Public Journalism Debated
Disagreements over the proper role for journalists fueled a discussion of public journalism at a May seminar organized by the Brandeis University National Women’s Committee and the Silha Center. 

World Media Councils Discuss Self-regulation
Helsinki, Finland was the site of the first European meeting of press and media councils, convened June 1 by the World Association of Press Councils. 

News Council Criticizes Brainerd Editor
The Minnesota News Council criticized the editor of the Brainerd Daily Dispatch for poor journalistic practices at the council’s April 20 hearing in Minneapolis.

Bulletin Spring 1995
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Conference Generates Ideas to Improve Reporting on Ethics
How can journalists striving for neutrality and balance deal with stories involving questions of values?

Graduate Student Abstracts

• “Anonymous Sources in Press Coverage of Watergate — An Overstated Presence and Impact?” by Doug Belden, M.A. Student
• “Recreation of the Public Sphere: The Task for an Ethical Press” by Anne D. Jett, Ph.D. Candidate
• “Compelling Testimony: A Critique of Philosophical Approaches Applied to the Question of a Journalist’s Privilege” by Jennifer L. Lambe, M. A. Student

Public and Media Discuss Sex Ads
The media’s acceptance of ads for sex clubs and sex services perpetuates violence against women, audience members told Twin Cities media representatives during a February 15 forum.

News Council Hears Complaint from Candidate’s Spouse
Nancy Olkon was running for Hennepin County commissioner in the fall of 1994.

Bulletin Winter 1995: Volume 1, Number 2
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Lawyers Debate Implications of “Information Superhighway”
The United States is in the midst of the most dramatic overhaul of its communications infrastructure since the days of Marconi and De Forest.

From the Director: Commentary: Minnesota Media Law Notes
Minnesota Media have taken whacks from the state’s appeals courts in the past few months, and speculation abounds as to whether the Minnesota Court of Appeals, specifically, has a built-in bias against Minnesota Journalism.

News Council Chairman Retires
The Minnesota News Council honored Justice John Simonett for his 13 years of service as its chairman with a December 8 program and lunch.

Silha Center Advisory Council Meets To Look At Next Decade
Director and Silha Professor Donald M. Gillmor listed highlights of the Center’s activities over the last ten years at a meeting of the Center’s community advisory council on November 7.

Bulletin Fall 1994: Volume 1, Number 1
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Center Celebrates 1st Decade, Reaffirms Research Commitment
It has taken far too long for those of us in the Silha Center to develop a means of keeping in touch with those we care about.  

Ongoing Projects Focus on Anonymous Sources, Libel
As the Silha Center enters its second decade, we teeter on the cusp of a new century filled with ever-expanding databases and information superhighways, promising a world in which media ethics and law may well collide, not just intersect.  

Silha Center History
The Silha Center was established in 1984 through the generosity of Otto A. and Helen Fitch Silha.  

O.J. Simpson Case Ignites News Council Panel
Hats off to the Minnesota News Council and its executive director, Gary Gilson, for bringing together on September 20th a large and distinguished panel of highly visible judges, prosecutors, defense attorneys, reporters, editors, and law enforcement officers to discuss a constitutional problem that has sprung back to life with the O.J. Simpson case: free press and fair trial.  

Finnish media scholar in residence at Center
Guest professor Kaarle Nordenstreng has an office in the Silha Center fall quarter 1994.  Continue reading