RTV 219 law basics

							shield law – Texas just passed one this year – helps a reporter not have to reveal confidential
sources

Criminal law vs. civil law—criminal law the government brings charges against you for violating
a law; civil cases are where an individual or group is allowed to seek damages from another
individual or group. These areas we’re covering are mostly about civil law.

Libel and privacy are within ‘tort law’ – a tort is a wrong other than breach of contract for which
an injured party is able to bring a lawsuit against the person who injured him/her

1-- libel/slander = defamation: statement made about someone that injures their reputation, stated
as a fact, and that cannot be proven as fact; Texas only uses the term libel
five elements that make something defamation/libel—published, about the defendant, false but
stated as if true, negligence (if an everyday person), or actual malice (if a public figure), which is
knowledge of falsity or reckless disregard for the truth
if you ‘republish’ something from another source, you can also be sued

2-- areas of privacy law: appropriation—the use of someone’s name or likeness for commercial
purposes without their permission; intrusion—invading someone’s privacy, also called intrusion
into solitude; publication of private facts—publicizing something about an individual without the
ability to show legitimate public interest, and false light—including someone in material you
publish that makes them connected to the story when they’re not, and which harms their
reputation – Texas does not recognize this – it would be like doing a ‘student STD’ story and
showing a couple sitting together on a bench within the story

Basics of a lawsuit: anyone can sue for anything, a lawsuit without merit will typically be
thrown out fairly quickly by the court and someone filing a frivolous lawsuit subjects themselves
to being sued or prosecuted. What are the steps of a lawsuit? A complaint is filed in a court that
has jurisdiction, the defendant is served a subpoena to respond to the lawsuit – if sued you must
file a response or the case will go forward without you. The normal response to being sued is to
deny everything and move to dismiss the case. The judge of the court makes rulings along the
way—admissability of evidence, etc. The heart of the case is the presentation of evidence. In a
civil case, the plaintiff begins the presentation of a case by calling witnesses. The witnesses may
testify to matters of fact. They may also be called to identify documents, pictures, or other items
introduced into evidence. Part of interviewing witnesses includes pre-trail questioning—called
interrogatories, where the witness or parties in the suit ask questions and the other has to file
answers under oath. The defense may cross-examine the plaintiff's witnesses. After the plaintiff
has finished calling witnesses, the defense puts on its case by calling witnesses, and the plaintiff
will have the opportunity to cross-examine them. A judge or a jury may hear the case. Whoever
loses the trial has the right to appeal, but the appeals court has the ability to choose to hear the
appeal or not. If they do not hear the appeal the case is essentially over. In civil suits the parties
may negotiate a settlement that may not have the details made public. More specific details about
this can be found at http://www.davidfbeale.com/faq_civil_trails.html (linked on course outline)

What does the First Amendment protect?
What does the Fifth Amendment protect you from having to do? Does this apply to civil trials?

The principle of ‘limited invitation’ holds that even in public access places, like restaurants,
photography may be prohibited and a news reporter’s conduct limited to the primary activities of
the business. Does a reporter have unique access to private property? No—a reporter is treated
like any other citizen and can equally be sued for criminal or civil trespass.

Recent court rulings say that under the concept of ‘apparent authority’ journalists may enter
property without fear of trespass if someone says ‘I own (or lease) this property...come on in.’

In Texas, what was formerly known as the Open Records Act is now known as the Public
Information Act.

What access do reporters have to public information? All documents that are ‘public records’
must be made available unless they fall under an exemption (see this site).

All meetings of government agencies (a city council, the county governing body—which is the
Commissioner’s Court), school boards, etc. must be open to the press and the public. The elected
bodies may go into ‘executive session’ (closed meetings) and discuss only a limited number of
specific things in private—like discussion to buy land, personnel discussions, or discussions with
attorneys, or for Commissioner’s Courts, deliberations regarding a contract being negotiated—
but then must go back into public session to take any official action.

Can reporters record – by audio or video – discussion with others, interviews, etc. without the
other person knowing it’s being recorded? In ‘single party consent states like Texas, yes—but
some states require ‘two party consent’ so no ‘secret recordings are allowed in those states. No
state allows ‘eavesdropping’ recordings, where neither party being recorded knows. And--the
FCC has a regulation that requires broadcast stations to notify any party involved of the possible
intent to broadcast a phone call before the call is recorded or before it goes on the air if it’s
intended to be used live.

What rights do the media have to criminal trials? Criminal trials are presumptively open. But
what about covering news stories that have an impact of the defendant’s right to a fair trial? Can
the judge close the trail to prevent publicity? Mostly no—instead he or she is expected to use
these strategies to make sure the defendant gets a fair trial: (a) the voir dire process – selecting
jurors who have no knowledge of or relationship to the trial, (b) admonition to the jury –
advising jurors that the only thing they can consider in deciding the defendant’s fate is what
he/she allows to be admitted into evidence at the trial, and to not watch, or read about or discuss
the case outside the courtroom, (c) continuance – delaying the trial until publicity declines, (d)
change of venue – move to a nearby court within the same court system (county, state, federal),
(d) restrictive orders (gag orders) against participants in the trial while the trial is going on – but
not against the media, (e) sequester the jury

Grand jury proceedings are presumptively closed.