Bagging Defamation for Good

By: Jessica Nahmias

A case a New Jersey judge deemed an “inherent tension between defamation law and The First Amendment,” was recently thrown out because of defamation protection in satire, The Smoking Gun reports. Three women filed a lawsuit against publishers Simon and Schuster, et al, for their appearance in the book “Hot Chicks with Douchebags.”

The book is a spinoff of the website Hot Chicks with Douchbags, which explores the “dark cultural trainwreck of hottie/douchy commingling.” Author, Jay Louis, known as “Douchebag1” on his site, says his site and book are about poking fun at “douche-[expletive] and the hotties who love them.”

The women whose photographs appear in the book filed a lawsuit claiming defamation, alleging their reputations were damaged because of their appearance in the book. The women were photographed at clubs and were not provided with, nor asked for, consent forms.

But recently, Judge Menelaos Toskos ruled that Jay Louis’ 2008 book was “replete with obvious attempts at satirical humor”, and as such, dismissed the case.

(C) 2003 Associated Press

Soccer star Christiano Ronaldo has been called a "douchebag" on the site by the author, Jay Louis

- If someone’s picture is taken with consent, and then later used in the context of satire, should said person be allowed to claim defamation if he/she feels his/her reputation has been hurt?
- What implications does the Judge’s decision have on defamation? How far can satire go without being considered defamatory?

Shielded by Shield Law

By: Jessica Nahmias

(C) 1973 Associated Press
Pulitzer Prize winning journalists Bob Woodward and Carl Bernstein at The Washington Post, May 1973

Even before Watergate and “Deepthroat”, journalists and the privacy of their sources have been a highly contested issue in courts of law.
And while New York State does have Shield Law, 14 states do not, including Texas.

A recent Houston Chronicle article reports that a bill was approved by a House committee in Texas, which was a compromise between media groups and district attorneys who have argued over shield law. The House committee voted 11-0 on a committee substitute version of the bill, which would allow journalists and their sources to retain “privilege against having to testify in court.” As part of the compromise district attorneys or trial lawyers would have access to already published material, however.

The Chronicle reports that the history of this particular battle harkens back to Texas prosecutors who argue that gathering evidence is more important than a journalist’s privilege to private sources. However the compromised version of the bill, which is supported by various Texas news organizations and would give journalists protection from revealing confidential sources, was passed after a 12-hour meeting, temporarily appeasing the parties involved, the Chronicle article said.

- Should all states have shield laws? Why or why not?
- As journalists, what do you feel is more important, protecting sources or cooperating with authorities?

Barring Crime Scene Photos

By Leigh Paynter

Florida has long been known as a progressive state in open government records laws, but recently Florida lawmakers are working on creating new exemptions to the laws as reported by The Reporters Committee for Freedom of the Press. The latest exemption is in releasing crime scene photos to the public and media.

The Current Law - "Under 1993 amendments to the Sunshine Law, public records and meetings of the legislative, executive, and judicial branches and each agency or department are open unless exempted by statute. Fla. Const. of 1885, art. I, § 24. Exemptions must be narrowly drafted and justified by public necessity. § 24(c).

The state Sunshine Law defines public records as "all documents, . . . tapes, data processing software. . . or other material, regardless of physical form or characteristics." Fla. Stat. § 119.011(1)." The Reporters Committee for Freedom of the Press.

One potential new exemption would be barring the public from viewing crime scene photos that depict dead people.

In 2005, a state appeals court granted the media, specifically The Sarasota Herald-Tribune, WFLA-TV, Tampa Tribune, and The Herald, access to the videotape and photographs of the murder and autopsy of 11 year-old Carlie Brucia.

Carlie Brucia (family photo)

© 2004 The Associated Press

The news agencies did not wish to copy, reproduce, or publish the photos. They only wanted to examine the evidence.

The trial court sealed the photos at the request of Brucia’s father, stating that the mere viewing of the photos would be too distressing to Brucia’s family. The photos showed Brucia nude from the waist down, battered, and some decomposition.

The RCFP printed the Court of Appeals Judge Altenbernd's decision:
"The broadest issue in this case is whether the State can rely upon secret evidence to obtain a conviction for a capital offense. Although Mr. Smith's trial has been broadcast on television and conducted in an open, public courtroom, these specific items of evidence have been concealed from all members of the public and the press, which is inconsistent with the purpose of public court proceedings."

Joseph Smith on Sentencing Day

© 2006 The Associated Press (Photo: Chip Litherland)

-During the Joseph Smith trial for the murder of Carlie Brucia, the state offered a large number of crime scene and autopsy photos into evidence. The jury viewed everything. Does the public and/or the press have the right to this evidence?

Florida Candidate's Records Withheld

By Leigh Paynter

John Nicolette, a candidate for Dade County Commission, owns 14 properties in Pasco worth more than $4-million, according to The St. Petersburg Times. But the county’s online property records databases have nothing on Nicolette.

Nicolette is a Tampa firefighter. There is a public records exemption that shields the home address of public safety officials. So now the public is denied access to Nicolette’s investment properties, which tell the location, value, and taxes paid on each land Nicolette owns.

Nicolette said he believes the records should be easily accessible. He listed all of his properties in a campaign disclosure form.

The St. Petersburg Times reporter found Nicolette’s tax information by requesting the documents in person and getting a Times lawyer involved.

Under Florida law, public safety officials can request that their personal information, including their home address, telephone numbers, and photographs, be blocked on virtually any record. The exemption was designed to protect them from anyone wanting to do them harm.

• Is withholding Nicolette’s property investment records a violation of the law?
• What are some of the public benefits of having Nicolette’s information made public?

Fixing FOIA

By Leigh Paynter

The Associated Press requests more documents than any other news agency in the United States. Recently, the AP has hit a hurdle in obtaining CIA documents on the assassination of President John F. Kennedy - and these documents were made available in their entirety two decades ago.

Since his first day in office, President Barack Obama promised to fix the hurdles in current Freedom of Information Act, telling government agencies to be prepared to open more filing cabinets.

The Associated Press reports on itself on Yahoo!News that it couldn't be more delighted. It files hundreds of requests for federal and state documents each year. Here are some of the ways The AP has used government documents to inform the public:

© 2003 The Associated Press (Photo:Diane Bondareff)

The AP reported on Hillary Clinton’s affairs and actions with businesses who later contributed to her husband’s charity while she was senator from documents it made public and later became key issues in Clinton’s secretary of state confirmation hearing.













© 2007 The Associated Press (Photo:Chris Miller)

The AP was the first to reveal that Alaska Governor Sarah Palin spent state money on trips with her children that were not for official business. Palin had to reimburse Alaska $10,000.










© 2007 The Associated Press (Photo: John Bazemore)

And the AP uncovered documents that showed the Federal Food and Drug Administration had concerns over the Georgia peanut processing plant that started the salmonella outbreak for nearly four years.

But sometimes the AP is less successful in obtaining documents and records.












© 1973 The Associated Press, © 1962 Portrait The Associated Press

The AP recently requested copies from the CIA’s 1960’s documents about then-congressman, Gerald Ford’s investigation into President John F. Kennedy’s assassination.











© 1975 The Associated Press (Photo: Charles Tasnadi)

The CIA is refusing to disclose the full memo written by FBI senior official Cartha DeLoach, citing national security concerns.

But the uncensored 45 year-old memo was released to the public nearly two decades ago. In the uncensored version, Ford says he heard a CIA report that Lee Harvey Oswald was paid by the Cuban consulate in Mexico City to assassinate JFK. This has since been debunked by JFK scholars.

The Labor Department has since sent The AP a letter stating that it didn’t want to spend money making copies of records that might no longer be needed. The Labor Department shipped the letter by Federal Express for $10.50. A photocopy is 42 cents.

• Do the censoring of these documents by the CIA fall into a fair exemption to FOIA?
• Is the Labor Department's response to the AP justifiable?

Judge Rules in Favor of Newspaper

By Megan Rowls
© 2009 Associated Press

An Arkansas court ruled in favor of “fair report privilege” for the Courier Newspaper after being sued. According to the Associated Press the newspaper wrote an article that appeared on the front page about a man named Ryan Whiteside. He was charged for allegedly raping a woman. Whiteside sued the paper for defamation. Whiteside was in the news the previous year for finding the body of a murdered beauty queen. When police later found that Whiteside had no sexual relationship with the woman and did not pursue charges the Courier Newspaper already published the story. Whiteside says the newspaper rushed to print the story because he was involved in finding a murdered beauty queen.
Under "fair report privilege” journalists are protected from getting sued for publishing information from reports based upon police records even if the police report turns out to be false. According to the Associated Press Whiteside has not decided yet on if he will appeal the ruling to the Supreme Court.

· If Whiteside decides to appeal the ruling what will he need to prove to win the case?
· Does the “fair report privilege” only protect reporters from unknowingly printing false statements about public officials?