ACLU contests Ore. transit agency's rejection of ad

By Marissa Wells

The Associated Press reports that the American Civil Liberties Union is suing Trimet, the Portland city transit agency, over a rejected advertisement. The ad showed three salmon unable to pass an underwater wall of electrical outlets, accompanied by the text, "Salmon shouldn't run up your electric bill. They should run up the Klamath River." The ACLU, on behalf of conservation groups and the Karuk Tribe of northern California, claims that the ad's rejection violates free speech rights. A Trimet spokesperson responded by stating that they only accept advertisements "focused on selling goods and services." The ACLU, however, stated that they believe the ad was rejected because Trimet doesn't want its buses to be used to debate public issues. A spokesperson for a local conservation group found the argument ridiculous, citing the generally positive attitude towards environmental conservation in the Portland area.

Photograph by Barry Sweet (c) 1998 Associated Press

Royko fan fights for free Iraqi press

By Marissa Wells

The Chicago Tribune reports that Rear Adm. Patrick Driscoll, the deputy chief of public affairs in Baghdad, is emulating journalism icon Mike Royko by pushing for a free press in Iraq. He's attempting to reverse the journalistic culture created under Hussein's rule, in which the government owned the media and anti-West/anti-Israel propaganda was common. Driscoll says that he's teaching Iraqi journalists "to question things, but also to understand the role of journalism in a free society."

There is still some resistance, however. The Iraqi parliament urged the prime minister shut down the country's largest newspaper and most popular news television network for criticizing the government in 2006, and last summer a Kurdish journalist was detained for allowing stories critical of a human rights organization to be published. Driscoll believes that the Iraqi media is just beginning to develop, though.

Bill Gates: Internet censorship just won't work

By Marissa Wells

According to InfoWorld, Microsoft founder Bill Gates told an audience at Stanford University that, "efforts by countries such as China to restrict the exchange of information on the Internet are ultimately doomed to failure" during a discussion entitled "Software, Innovation, Entrepreneurship and Giving Back" on Tuesday. Microsoft has been criticized in the past for cooperating with China's attempts to censor its citizens, including the removal of Zhao Jing's blog for discussing a Chinese newspaper strike. Gates stated that the Internet cannot be controlled, and that, in the long run, free speech will win out. He believes that restricting free speech would curtail business operations, leaving governments with no choice but to eventually give up the fight.

Photograph by Miguel Villagran (c) 2008 Associated Press

Bush Says Companies Need the Protection of the Wiretapping Law

By Marissa Wells

Bloomberg.com reports that President Bush is pushing Congress to pass his wiretapping legislation when its recess ends on February 25th, claiming that "the House's refusal to act is undermining our ability to get cooperation from private companies, and that undermines our effort to protect us from terrorist attacks" in a recent radio address. The House of Representatives, currently controlled by Democrats, has thus far rejected Bush's plan, which would extend wiretapping immunity for telecommunications companies by another six years. The previous wiretapping immunity bill expired on February 16th.

Democrats in the House have claimed that refusing to sign the bill into law would not hurt the war on terrorism, as orders given to telephone companies would continue to be protected for another year. Bush maintains that telecommunications companies must be protected from what he considers to be "abusive lawsuits" in order to prevent another major terrorist attack.

Blocked Pakistan TV station back on air

By Marissa Wells

CNN reports that Aaj TV, a Pakistani cable and satellite television channel, has been allowed to return after being shut down for "upsetting the president" on Friday. Aaj TV had allowed two journalists — Nusrat Javed and Mushtaq Minaz, who had been banned by the government earlier this month — to appear on the network. Pakistani President Pervez Musharraf's spokesperson claims that he was unaware of the incident and would look into it, but the channel's executive director says that the government had warned him against allowing the two banned journalists on the air.

Nusrat Javed was banned earlier this month for criticizing President Pervez Musharraf. The reason behind Mushtaq Minaz's ban is unknown.

Photograph by Shiho Fukada (c) 2006 Associated Press

"House bill would curb ISPs' efforts to control Net traffic"

Photograph by Pablo Martinez Monsivais (c) 2006 Associated Press

In an article written by the Associated Press and posted on the First Amendment Center's website, legislation to stop network providers from monitoring and controlling the Internet was proposed. The bill was introduced February 13 to promote Net Neutrality. The bill would require the Federal Communications Commission to determine if Internet providers are "blocking, thwarting, or unreasonably interfering" with the rights of consumers online. It would also determine if some Internet providers are charging unlawful prices. Phone and Internet companies are against the bill. They argue that it would cause harm to innovation and investment on the Internet.

Leah Block

"Attorneys General Urge FTC To Regulate Green Claims"

Photograph by KFP Kacper Kowalski (c) 2007 Associated Press

According to ADLAW by Request, Attorneys General from 10 states have asked the Federal Trade Commission (FTC) to regulate market claims that concern carbon emission offsets and Renewable Engergy Certificates (RECs). The FTC has found problems with determining whether funded projects actually reduce carbon in the atmosphere and how RECs are tracked and verified. Some groups want definitive standards to be set, while others want to make sure the guides remain flexible so that marketers can adjust with changing conditions.

Leah Block

"Berkley City Council Moderates Anti-Marine Position"

 Photograph by Bullit Marquez from the Marines (c) 2006 Associated Press

According to CNN.com, the city council of Berkley, CA voted (7-2) to revoke their earlier vote that said Marine recruiters were not welcome in the city. Now, the city is simply saying that it is opposed to war, but that they acknowledge a recruiter's right to be in Berkley, CA. Last week, Republican lawmakers in Washington responded by threatening that they would take away more then $2 million given to the University of California-Berkley. The Marine Corps, which is located two blocks away from the University, stated that they had no plans on moving their office.

Leah Block

"Court Rules State Employee Birth Dates Are Public"

According to the News Media Update, under the Texas Public Information Act, birth dates of state employees are now public information. Jennifer LaFleur, a reporter from the Dallas Morning News, attempted to get a copy of the Texas State employee payroll database. She argued that birthdays are important in distinguishing people with similar names. Comptroller Carole Keeton Strayhorn disagreed, but the State Attorney General, Greg Abbott, issued a ruling that birthdays are public information.

Leah Block

"Senate OKs immunity for telecoms in intelligence bill"

The Senate voted and gave immunity to telecommunications companies that helped the federal government after September 11, eavesdrop on suspected terrorists (cnn.com, 2008). There are over 40 lawsuits against the telecommunications companies for violating customer privacy. President Bush authorized phone calls between al Qaeda members and citizens of the United States to be monitored. He used the help of companies like AT&T, Verizon, and more.

In addition, a final vote to update the Foreign Intelligence Surveillance Act (FISA) is to take place because the act expires at the end of the week. The vote is over whether or not the Senate is going to allow foreign intelligence to have permanent authority to act without warrants. The House of Representatives has already passed a similar version. 

Leah Block

Trade Group Fights Lobbying Law

By Kathy Avgerinos

The National Association of Manufacturers (NAM), a major trade group, has filed a suit in the U.S. District Court for the District of Columbia against the government over a new federal lobbying and ethics law. As reported on Law.com, NAM contends that the law, which requires trade associations to release the names of members who donate more than $5,000 for lobbying activities, violates the members' First Amendment rights to freedom of association. Photo by Lauren Burke (c) 2004 Associated Press

Chinese Online Censors Crack Down As Olympics Draw Near

By Kathy Avgerinos

The New York Times published a story about what has been popularly dubbed the "Great Firewall of China". Chinese Internet users claim that the government has been accelerating its censorship on potential sources of dissent, such as Flickr, YouTube, Wikipedia, and Blogspot, as the Olympic Games in Beijing draw near. This crackdown has sparked much resentment among the population of Internet users, which has resulted in a unique resistance movement. The forms of resistance include lawsuits against government-owned Internet providers as well as a network of programmers who are developing codes to counteract the censorship. Such a campaign against government censorship is very uncommon in Communist China.

Subway Sues Quiznos Over Sandwich Slander

By Kathy Avgerinos

In 2006, Quiznos sponsored a nationwide contest, “Quiznos v. Subway TV Ad Challenge,” inviting the public to submit homemade videos promoting Quiznos sandwiches over those of rival Subway. The videos, which were to follow the theme of "meat, no meat", were published on www.meatnomeat.com and iFilm. The New York Times reports that Subway consequently sued Quiznos and iFilm for false advertising, claiming that the videos make false claims and slander the Subway brand. Quiznos' defense argues that the company did not make the videos itself and should therefore not be liable for user-generated content. The case, now in the District Court of Connecticut, will be determined by how the court interprets two laws: the Lanham Act, which concerns trademark rights, and the Communications Decency Act, designed to police the Internet. If Quiznos is found liable, the whole market of competitive advertising could be jeopardized. Photo by Ed Andrieski (c) 2005 Associated Press

The following are examples of contest entries that can be found on YouTube.com:
Sandwich Artist
Finger Puppets
Anything for Quiznos

KY State Rep. Pushes Bill to Curtail Reporters

By Kathy Avgerinos

Kentucky State Representative Jim Gooch is pushing a new legislation that would categorize editorial writers and cartoonist as lobbyists. Since lobbyists are not allowed in the House or Senate while lawmakers are in session, this law would effectively certain reporters from high-level government sessions. The New York Times reports that Gooch, who is chairman of the Natural Resources and Environment Committee in Kentucky, drafted the bill after he was criticized in editorials and cartoons for claiming global warming is a hoax and making some other unpopular decisions. The Times reports that Gooch considers such comments to be harassment and an abuse of free press. The Kentucky Press Association, on the other hand, is fighting Gooch's bill, asserting that it is in violation to the First Amendment. Photo by Patti Longmire (c) 2007 Associated Press

Times Reporter Subpoenaed

By Kathy Avgerinos

The New York Times and other media are reporting that a federal grand jury has subpoenaed New York Times reporter James Risen in an effort to force him to reveal the confidential sources he used to write a 2006 book on the CIA. Risen is the latest of several reporters to be targeted by the Justice Department following leaks of classified government intelligence information. In particular, the Justice Department is seeking the source used in the chapter "State of War", which claims that the CIA tried to sabotage Iran's nuclear program. Although the Times did not publish the material, the paper's spokeswoman stated that they strongly support Mr. Risen and deplore "what seems to be a growing trend of government leak investigations focusing on journalists, particularly in the national security area.”

The Beehive State Toughens Up Shield Laws

By Westbrook Shortell

At the end of January, the Reporters Comittee for Freedom of the Press reported Utah has created some of the nation's toughest shield laws for reporters. Under the new law, reporters would only have to reveal confidential sources when there is " clear and convincing evidence that the information is necessary to prevent substantial injury or death." The ruling puts Utah in the company of thirty-three other states and the District of Colombia, sheltering reporters from subpoenas.

Charlie Wilson's War Part Deux

By Westbrook Shortell

The recently released movie "Charlie Wilson's War" has used footage from old tv news reports from then reporter Arthur Kent. Political Opinion, a Canadian political magazine, reports that Kent is threatening to sue NBC-Universal for using his likeness without his permission. Much to his surprise, Kent, now a politician in Canada, was greeted with his own cameo when he went to see the movie.

Kent says the problem that he has is that Mike Nichols and Tom Hanks take the book and turn it into a twisted and skewed version of the Afghan-Russian conflict. Many reporters images are used and only the networks are getting credit for people risking life and limb for good stories. As Kent says, "...look out for next summer’s blockbuster, “The Son of Charlie Wilson’s War: Quest for the Rightful Credits.” Coming to a law firm near you…"