1. Media Law Ms. Ridal, 2009-10

2. First Amendment Journalists are covered by the First Amendment to the U.S. Constitution, which guarantees freedom of religion, freedom of speech, and freedom of the press. This freedom comes with responsibility, however, and journalists follow guidelines set by papers and/or laws & statutes

3. Limits of the student press Tinker v. Des Moines Independent Community School District Students were suspended when they wore black armbands to school to protest the Vietnam War. Supreme Court ruled in 1969 school officials could only limit student free expression when they could demonstrate that the expression in question would cause "a material and substantial disruption of school activities or an invasion of the rights of others."

4. Limits of the student press The Hazelwood decision -- 1988 Administrators at Hazelwood East High School in Missouri censored stories concerning teen pregnancy and the effects of divorce on children from a school- sponsored student newspaper. If a school can present a reasonable educational justification for its censorship, that censorship will be allowed. Student newspaper was not an public forum or an open forum for student expression

5. Open Forums Open forums are where ideas are expressed and exchanged freely without government intervention Student newspapers in schools are generally not considered open forums Had the student newspaper at Hazelwood been declared one, the decision may have gone a different way

6. Defamation is the communication of a statement that makes a false claim, expressly stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation. does not include name calling, insults, offensive statements must be a false statement of fact

7. Libel vs. Slander Slander is the verbal defamation of a person’s character. Libel is the written defamation of a person’s character. There are two categories of libel. Private person -- most people are unknown in the public Public figure -- includes politicians and famous people

8. Burden of Proof Private person -- When a person is accusing a paper of libel, the burden of proof rests with the paper. They must prove they did not libel the individual. Public figures -- The public figure must prove they were libeled, and the proof must be much greater. The paper would have to commit gross negligence.

9. Scenarios: What would you do?

10. Current Student Issues http://www.splc.org/newsflash.asp?id=2049

11. Your Turn! Visit the Student Press Law Center at http://www.splc.org/ Find three current cases of student censorship. Summarize the situation. What do you think about the censorship? Is it fair? Explain

12. Additional interesting info The next several slides deal with public records laws. Read on if you are interested in learning more information!

13. Sunshine Laws, Public Records Florida has the most open records of any state in the nation. Government in the Sunshine Manual -- http://myfloridalegal.com/sun.nsf/manual http://myfloridalegal.com/sun.nsf/manual Listing of public records -- http://www.stateofflorida.com/Portal/Deskto pDefault.aspx?tabid=13 http://www.stateofflorida.com/Portal/Deskto pDefault.aspx?tabid=13

14. Sunshine Laws -- What’s exempt? Medical records information on abuse/sex assault victims information revealing surveillance techniques information revealing the substance of a confession until a case is tried and completed.

15. other exemptions criminal charges involving minors (under age 18) unless tried as an adult building plans and layouts of public facilities social security numbers and addresses of most public employees list of exemptions -- http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0119/SEC0 71.HTM&Title=-%3E2006-%3ECh0119-%3ESection%20071#0119.071

16. What can you find? Meetings of public boards or commissions Minutes of these meetings must be taken. May include e-mails between public officials on matters that will be discussed at a future date

17. Open Records Divorce notices, marriage notices, births, cemetery records, death notices, Criminal trials, criminal records, sex offender lists, traffic citations Sale of property, land records, federal activities and projects, hazardous waste sites Campaign contributions (who gives and who receives) Business records and licenses

18. Web sites http://medialibel.orghttp://medialibel.org/ -- scenarios and real cases http://www.megalaw.com/top/defamation.p hphttp://www.megalaw.com/top/defamation.p hp -- a lengthy list of Web sites related to media law http://www.stateofflorida.com/Portal/Deskto pDefault.aspx?tabid=13