Law amp Ethics | Learn flashcards online

Law & Ethics (11 Cards)

Cohen vs. Cowles Media

If you tell a source that you keep their name out of their story, and they give you info based on that promise, it is a legally enforceable promise and will cause probs for you and ur org if you break it

Tags: anonymous sources, court cases
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False light invasion of privacy

Allegations are false
Publication puts plaintiff in false light that would be offensive to a reasonable person
No reputational damage needed, just embarrassment is enough
Publisher is at fault

Tags: privacy, torts
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NY's Shield Law

Absolute privilege for confidential information
Qualified privilege for non-confidential information
Covers “professional journalists”

Tags: privacy, shield law
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Privacy Protection Act

Unannounced search and seizure in newsroom or home
Journalist is broadly defined
Protection is qualified.

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Attorney General Guidelines

Similar to Constitutional privilege
Internal rules, not enforceable in court
Only applies to FBI subpoenas
Doesn’t cover “national security letters”
But still very helpful

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Branzburg v. Hayes

Privilege is not absolute, but qualified

Exhaustion of alternate sources
A showing of strong need (relevance) for disclosure
Balancing of the public interest in disclosure against the interest in gathering the news

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Bartnicki v. Vopper

As long as you are not a participant in the illegal gathering of true
information about matters of public importance, you can publish it without fear of prosecution.

Tags: anonymous sources, court cases
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Privacy - The 4 Torts

Appropriation
Intrusion into solitude or seclusion
Disclosure of private facts
False light invasion of privacy

Tags: privacy, torts
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Appropriation

One of the 4 torts of privacy
Right of publicity - No liability for give further publicity to info that's already known by a large number of people
Right of privacy - The right not to have your image appropriated in way that humiliates you.
Newsgathering exception - exception to the rule is if it is of legitimate public interest or concern

Tags: privacy, torts
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Intrusion into solitude or seclusion

Tort committed without any publication
Key: “reasonable expectation of privacy”
Public interest doesn’t help
Ex. Ride-alongs, secret recording, telephoto l

Tags: privacy, torts
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Disclosure of Private Facts

“Highly offensive to a reasonable person”
Not of legitimate public concern
Needs a wide audience to be effective (not like libel which only needs one person)

Tags: privacy, torts
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