Source: The First Amendment Center
By Meghan Winston
According a federal judge, the USA Patriot Act is constitutional in a case in which evidence against a former Naval sailor who supposedly supported terrorism. The USA Patriot Act of 2001 is an acronym for: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. The decision applies in the case of Hassan Abu-Jihaad, who allegedly leaked documents to the press about the location of a Naval battle group. The media law issue here is whether or not the defendant should have been punished for leaking these confidential source or whether the First Amendment should provide protection for him.
Thursday, January 31, 2008
Haitian Man Ordered to Suppress Speech About Case
Source: The First Amendment Center
By Meghan Winston
Initially, Lyglenson Lemorin, 33, was scheduled to be deported to Haiti; however, when he was acquitted from his immigration charges, a US District judge required that he not speak about the associated criminal case. Because Lemorin was also set to act as a defense witness in the trial of the “Liberty City Seven,” a miniature terrorist group based in Miami, the US District judge extended a gag order to not only the defense and prosecuting lawyers, but also to Lemorin. In this way, it could be argued that the government is infringing upon Lemorin’s First Amendment rights. The media law question here is whether or not this man, who faced deportation from the United States, should have his free speech rights protected under the First Amendment.
By Meghan Winston
Initially, Lyglenson Lemorin, 33, was scheduled to be deported to Haiti; however, when he was acquitted from his immigration charges, a US District judge required that he not speak about the associated criminal case. Because Lemorin was also set to act as a defense witness in the trial of the “Liberty City Seven,” a miniature terrorist group based in Miami, the US District judge extended a gag order to not only the defense and prosecuting lawyers, but also to Lemorin. In this way, it could be argued that the government is infringing upon Lemorin’s First Amendment rights. The media law question here is whether or not this man, who faced deportation from the United States, should have his free speech rights protected under the First Amendment.
18 Year Old Man Indicted On Hate Crime and Conspiracy Charges
Photo Source: AP Images Database, provided by Syracuse University Library
Article Source: The First Amendment Center
By Meghan Winston
In Alexandria, Louisiana, federal prosecutors indicted an 18-year old man, Jeremiah Munsen, who drove past a group of Black protesters associated with the Jena 6 controversy with nooses hanging from the back of his pickup truck on federal hate crime and conspiracy charges. According to the prosecutors, the message that Munsen was sending intended to threaten and intimidate protesters. This case forces law officials to scrutinize the ways in which expression can be construed as speech.
"Choose Life" License Plate Verdict Overturned
Photo Source: AP Images Database, provided by Syracuse University Library
By Meghan Winston
This week, the First Amendment Center reported that the 9th Circuit US Court of Appeals overturned a ruling by an Arizona court denying an anti-abortion organization’s request for a special license plate. The license plate, commissioned by the Arizona Life Coalition, was set to say “Choose Life;” however, the Circuit court ruled that the denial of their request for plates was based upon the message set to appear on the plates and not upon an actual legitimate reason.
Turkish Court Sentences Professor to 15 Months
By Meghan Winston
According to BBC News, the Turkish court issued a 15-month jail sentence to Atilla Yayla, a well-known liberal professor. Apparently, Yayla put forward that "the early Turkish republic was not as progressive as portrayed in official books." This trial is one that has caused the Turkish government to more closely examine its laws on the freedom of expression and academic freedom within the country.
According to BBC News, the Turkish court issued a 15-month jail sentence to Atilla Yayla, a well-known liberal professor. Apparently, Yayla put forward that "the early Turkish republic was not as progressive as portrayed in official books." This trial is one that has caused the Turkish government to more closely examine its laws on the freedom of expression and academic freedom within the country.
Thursday, January 24, 2008
Albert Pujols Takes a Swing At Home Town Market
By Westbrook Shortell
Albert Pujols asked a reporter and photographer from St. Louis Fox station KTVI to leave the press conference of the Cardinal's final winter warm up. KTVI ran that Pujols was one of the ball players that the Mitchell Report said to have used steriods. The list the station used was a phony and the true Mitchell Report did not contatin Pujols' name. KTVI chose not to check its facts and thus offended one of it's cities greatest ball players.
Pujols is angry that even though he wasn't found to use steriods, people are always going to have the thought's in their ir doubts about his numbers.
Albert Pujols asked a reporter and photographer from St. Louis Fox station KTVI to leave the press conference of the Cardinal's final winter warm up. KTVI ran that Pujols was one of the ball players that the Mitchell Report said to have used steriods. The list the station used was a phony and the true Mitchell Report did not contatin Pujols' name. KTVI chose not to check its facts and thus offended one of it's cities greatest ball players.
Pujols is angry that even though he wasn't found to use steriods, people are always going to have the thought's in their ir doubts about his numbers.
Chris Matthews Plays Hardball With Hillary Clinton
By Westbrook Shortell
The morning after New Hampshire primaries, political commentator Chris Matthews comes out saying that the only reason she is in office is because of the Monica Lewinsky scandal in 1998.
Ater urging from NOW and other women's organizations NBC president urged Matthews to issue and on air apology.
He did not rebuke his statement that her career was started because of the scandal but "was it fair to imply that Hillary's whole career depended on being a victim of an unfaithful husband? No. And that's what it sounded like I was saying."
This raises the question of are the same standards held to those who are journalists and who have to attribute truth to statements and those who are political commentators and can assume instead?
The morning after New Hampshire primaries, political commentator Chris Matthews comes out saying that the only reason she is in office is because of the Monica Lewinsky scandal in 1998.
Ater urging from NOW and other women's organizations NBC president urged Matthews to issue and on air apology.
He did not rebuke his statement that her career was started because of the scandal but "was it fair to imply that Hillary's whole career depended on being a victim of an unfaithful husband? No. And that's what it sounded like I was saying."
This raises the question of are the same standards held to those who are journalists and who have to attribute truth to statements and those who are political commentators and can assume instead?
Writers Could Really Start Crossing the Line... In A Good Way.
By Westsbrook Shortell
The Writers Guild of America went back to the tables Wednesday to reopen talks with major studios. Some of the deals studios reached with Directors seemed to be "write" up the WGA's alley. Revenues writers are seeking for material put online and higher residuals from DVD sales were some of the things writers were originally seeing. Independant studios like Lionsgate and Marvel studios have reached an interim deal to get some writers working again. Thousands of workers have lost their jobs and the industry could seek to lose close to three billion dollars if the strke continues. Click here to see the play by play of the strike.
First Amendment Hodgepodge
By Julianne Prokopich
Golfweek's "Caught in a Noose"
Dave Seanor of Golfweek was removed as editor of the magazine on Friday after the image of a noose appeared on its Jan. 19 cover page issue, complete with the headline “Caught in a Noose.”
The cover page reignited Golf commentator Kelly Tilghman’s “lynch [Tiger Woods] in a back alley” comment last week on the Golf Channel in response to Nick Faldo’s analysis that the golf world’s young players would need to “gang up” on the No. 1-ranked Golfer to defeat him at a major championship.
Whether Tilghman’s comment was an accident or a calculated attempt of “hate speech” is debatable. However, Jason Sobel of ESPN.com referred to Golfweek’s editors use of the image of the noose as a calculated attempt to make the magazine a part of the story. Vice president and editor of Golfweek, Dave Seanor, told USA Today, “Was it an arresting image. Yes, it was. We chose it because it was an image we thought would draw attention to an issue we thought deserved some intelligent dialogue.”
Check out the ESPN’s “Firstand10” debate about the case.
Romney Called a Liar
Mitt Romney also made headlines. Reporters don’t often call politicians liars, even when they do lie. But Associated Press reporter Glen Johnson called Romney out last Thursday for being a liar. Johnson interrupted Romney when he said, “I don’t have lobbyists running my campaign. I don’t have lobbyists that are tied to me—“ Check out the confrontation on YouTube.
September 11 Litigation
The case regarding September 11 Litigation was rehashed in the news this week after The Reporters Committee for Freedom of the Press issued a press release “arguing that records in the civil case over liability following the Sept. 11, 2001 terror attacks should be open to the public.” Victims of the attacks on 9/11 and their families filed suits against airline and security companies who seek to determine liability for injury or losses due to security breaches.
Editor Sentenced for Blasphemous Publications
In international news, MSNBC received news from Reuters that Alexander Sdvizhkov, editor of an independent newspaper, was sentenced to three years in jail in a closed session of the court for incitement of religious and national hatred for publishing 12 cartoons portraying Mohammad in a blasphemous way. The 56-nation Security and Cooperation Organization in Europe disputed the charges saying in a statement, “Persecution of journalists for trying to inform the public on important issues is a misuse of hate speech laws."
French Journalists Held in Niger
The First Amendment Center reported from Reuters AlertNet that two French journalists in Niger face the death sentence for reporting on the escalation of violence in the region when they were permitted to report only on the outbreak of the bird flu. The two were charged with “involvement with armed gangs” [Tuareg separatist rebels] but the French called for an appeal for clemency calling for the release of the journalists who were “fulfilling their duty to inform the public.”
Tuesday, January 15, 2008
PR Person Named as Source in Anthrax-Privacy Case
by Barbara Fought
The former government scientist who says he was wrongly accused of being involved in the 2001 anthrax scare has named a government PR practitioner and two former US Attorneys as the ones who provided the wrong information about him. The LA Times reports that in his Privacy Act suit Steven Hatfill has id-d former FBI spokesperson Edwin Cogswell, and two former U.S. attorneys as telling journalists Hatfill was a "person of interest" in the investigation. The Privacy Act allows people to sue if personal information about them is illegally revealed. No word here on how Hatfill found out the names -- journalists had refused to name their sources. Hatfill has never been charged in the case.
The former government scientist who says he was wrongly accused of being involved in the 2001 anthrax scare has named a government PR practitioner and two former US Attorneys as the ones who provided the wrong information about him. The LA Times reports that in his Privacy Act suit Steven Hatfill has id-d former FBI spokesperson Edwin Cogswell, and two former U.S. attorneys as telling journalists Hatfill was a "person of interest" in the investigation. The Privacy Act allows people to sue if personal information about them is illegally revealed. No word here on how Hatfill found out the names -- journalists had refused to name their sources. Hatfill has never been charged in the case.
Sunday, January 13, 2008
Nike Ad Could be Problematic
by Barbara Fought
Advertising Age is quoting Bloomberg News as the source of a story that music in a Nike ad released a year ago could be a legal problem. The ad for the Air Force One 25 shoes apparently includes lots of NBA stars and a Juelz Santa song. Now Juelz is suing Nike, saying it didn't have permission to use the music. Nike says it did.
This MTV site carries lyrics, which may be from the song that's in dispute. If you're interested, also check out this Nike Mashup.
Scientologists May Sue Over Tom Cruise Book
by Barbara Fought
In Media Law Prof Blog , law professor Christine A. Corcos, Louisiana State University, says the Church of Scientology may be suing St. Martin's Press for defamation over Andrew Morton's new biography of Tom Cruise. It's not even released in the States, but should be available Tuesday. Photo by Matt Sayles (c) 2008 Associated Press
WSYRs to be sold?
by Barbara Fought
The New York Times and other media are reporting that the FCC has given the nod to a buyout of Clear Channel, mega-owner of radio and TV properties, including WSYR-AM and WSYR-TV in Syracuse. No word on these two stations specifically. It's a $19.5 billion deal. The Times says that the Justice Department has to approve this yet, but stay tuned for a formal announcement this week. Buyer is Bain Capital Investment.
The New York Times and other media are reporting that the FCC has given the nod to a buyout of Clear Channel, mega-owner of radio and TV properties, including WSYR-AM and WSYR-TV in Syracuse. No word on these two stations specifically. It's a $19.5 billion deal. The Times says that the Justice Department has to approve this yet, but stay tuned for a formal announcement this week. Buyer is Bain Capital Investment.
Contract Talks Set with Directors and Hollywood
by Barbara Fought
The New York Times is reporting that Hollywood directors were to start negotiations with producers on Saturday (Jan 12th). This is a separate contract negotiation from the Writers' Guild -- and no word on a break in that one yet.
The New York Times is reporting that Hollywood directors were to start negotiations with producers on Saturday (Jan 12th). This is a separate contract negotiation from the Writers' Guild -- and no word on a break in that one yet.
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