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Full-Text Articles in Law

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey Dec 2020

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.


Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden Nov 2020

Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Toward Trauma-Informed Professional Practices: What Legal Advocates And Journalists Can Learn From Each Other And Survivors Of Human Trafficking, Kirsten Foot Ph.D. Jun 2020

Toward Trauma-Informed Professional Practices: What Legal Advocates And Journalists Can Learn From Each Other And Survivors Of Human Trafficking, Kirsten Foot Ph.D.

Georgia State University Law Review

Developments in the fields of law and journalism during the last two decades have led to greater awareness of the need for trauma-informed practices vis-à-vis survivors of violence, and correspondingly, the emergence of pedagogical resources for legal advocates and journalists. Due to traditional disciplinary silos, extant resources on trauma-informed practices in each field have been authored in relative isolation from each other, i.e., guides for legal advocates have been blind to guides for journalists and vice versa. This Article demonstrates that despite the obvious differences between lawyering and journalism, professionals in these two fields share some of the same ...


Protecting The Role Of The Press During Times Of Crisis, Mary-Rose Papandrea Mar 2020

Protecting The Role Of The Press During Times Of Crisis, Mary-Rose Papandrea

William & Mary Law Review

President Trump’s daily tweets attacking the media have led many observers to express concern about the state of the press in our nation. Trump has called the press “the ... enemy of the [American] people,” encouraged a climate of hatred toward journalists at his rallies, refused to condemn Saudi Arabia for the brutal killing of reporter Jamal Khashoggi, and accused the media of writing “fake news.” The public’s trust in the institutional press has simultaneously diminished. Combined with the continuing economic challenges journalists face, the press is certainly facing some difficult times.

Nevertheless, things are not as dire as ...


Media Literacy Beyond The National Security Frame, Lili Levi Jan 2020

Media Literacy Beyond The National Security Frame, Lili Levi

Articles

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan Dec 2018

Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan

Life of the Law School (1993- )

No abstract provided.


Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr. Aug 2018

Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.

Law Faculty Scholarship

"Today's climate features hostility toward freedom of the press and negative attitudes toward journalists ... [T]here was a time when journalists were admired for their fearless pursuit of the truth and their exposure of corruption." This article provides an overview of the life and work of Ida B. Wells, particularly her work as a journalist and activist.


The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim Apr 2018

The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim

Indiana Law Journal

On September 17, 2016, The Washington Post (“the Post”) made history by being the first paper to ever call for the criminal prosecution of its own source —Edward Snowden. Yet, two years prior to this editorial, the Post accepted the 2014 Pulitzer Prize in Public Service for its “revelation of widespread secret surveillance by the National Security Agency”—an honor which would not have been bestowed had Snowden not leaked the documents through this news outlet. The other three major media outlets that received and published Snowden’s documents and findings—The Guardian, The New York Times, and The Intercept ...


Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda Jan 2018

Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda

American University Law Review

No abstract provided.


Presidential Attacks On The Press, Sonja R. West Jan 2018

Presidential Attacks On The Press, Sonja R. West

Scholarly Works

President Donald Trump’s habit of hurling invectives at the press is disturbing. It undermines the work of the press and breaks long-standing norms that presidents show respect for the role of the Fourth Estate. But insults alone rarely raise First Amendment issues. Presidents have long used the bully pulpit to respond to or criticize news reports. Even Trump’s near daily verbal assaults on reporters and news organizations can be considered part of our country’s “uninhibited, robust, and wide-open” marketplace of ideas. Presidents have opinions too, and journalists should be able to handle his rants.

Yet there are ...


Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli Oct 2017

Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli

Carol Pauli

News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today's politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the ...


In Re Akhbar Beirut & Al Amin, Monica Hakimi Jul 2017

In Re Akhbar Beirut & Al Amin, Monica Hakimi

Articles

On August 29, 2016, the Special Tribunal for Lebanon (Tribunal) sentenced a corporate media enterprise and one of its employees for contemptuously interfering with the Tribunal's proceedings in Ayyash, a prosecution concerning the February 2005 terrorist attack that killed former Lebanese Prime Minister Rafiq Hariri. The contempt decision is significant for two reasons: (1) it adopts an expansive definition of the crime of contempt to restrict a journalist's freedom of expression; and (2) it is the first international judicial decision to hold a corporate entity criminally responsible.


A Paper Shield? Whether State Privilege Protections Apply To Student Journalists, Jonathan Peters, Genelle Belmas, Piotr Bobkowski May 2017

A Paper Shield? Whether State Privilege Protections Apply To Student Journalists, Jonathan Peters, Genelle Belmas, Piotr Bobkowski

Fordham Intellectual Property, Media and Entertainment Law Journal

Most states recognize a privilege for journalists to protect confidential sources from compelled disclosure. The privilege varies from state to state, and a major difference is how they define a journalist—i.e., a person qualified to claim the privilege. Some schemes are narrow and limit their coverage to employees of professional news organizations. Others are broad and cover freelancers, filmmakers, bloggers, and others who gather information for publication. But what about student journalists? Are they covered? In recent years, as traditional media have adapted to changing circumstances, student journalists have played a vital role in meeting their communities’ needs ...


Justice Scalia And Fourth Estate Skepticism, Ronnell Anderson Jones Jan 2017

Justice Scalia And Fourth Estate Skepticism, Ronnell Anderson Jones

Utah Law Faculty Scholarship

The about-face in characterization of the press during Justice Scalia's three decades on the Court is worthy of a discussion about its underlying causes and also a discussion about its potential effects. As I have noted elsewhere, both the explanations for the shift and the possible ramifications of it are complex and multifaceted. Scalia's push for a new, less positive depiction of the press came at a time when the institutional press experienced significant change and its reputation among the American public plummeted-suggesting that Justice Scalia (and, ultimately, his colleagues on the Court) were merely being perceptive observers ...


The Fragility Of The Free American Press, Ronnell Anderson Jones, Sonja R. West Jan 2017

The Fragility Of The Free American Press, Ronnell Anderson Jones, Sonja R. West

Scholarly Works

President Donald Trump has faced criticism for attacking the press and for abandoning longstanding traditions of accommodating and respecting it. This Essay argues that the national discussion spurred by Trump’s treatment of the press has fallen short of capturing the true seriousness of the situation. Trump’s assault on the custom of press accommodation follows a generation-long collapse of other major press protections. In order to fully understand the critical juncture at which American press freedom now stands, we must expand the discussion beyond talk of a rogue president’s aberrant attacks on the press and consider the increasingly ...


Rwu First Amendment Blog: David Logan's Blog: When Facts And News Diverge 12-2-2016, David A. Logan Dec 2016

Rwu First Amendment Blog: David Logan's Blog: When Facts And News Diverge 12-2-2016, David A. Logan

Law School Blogs

No abstract provided.


Recent Decision Note, Thomas L. Shaffer Aug 2016

Recent Decision Note, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli Feb 2016

Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli

Pepperdine Dispute Resolution Law Journal

News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today's politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the ...


The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr. Jan 2016

The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.

International Law Studies

The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law ...


The Right To Record Images Of Police In Public Places: Should Intent, Viewpoint, Or Journalistic Status Determine First Amendment Protection?, Clay Calvert Jan 2016

The Right To Record Images Of Police In Public Places: Should Intent, Viewpoint, Or Journalistic Status Determine First Amendment Protection?, Clay Calvert

UF Law Faculty Publications

Using the February 2016 federal district court ruling in Fields v. City of Philadelphia as an analytical springboard, this Article examines growing judicial recognition of a qualified First Amendment right to record images of police working in public places. The Article argues that Judge Mark Kearney erred in Fields by requiring that citizens must intend to challenge or criticize police, via either spoken words or expressive conduct, in order for the act of recording to constitute "speech" under the First Amendment. It asserts that a mere intent to observe police-not to challenge or criticize them-suffices. It then also explores how ...


Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson Jan 2016

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Iran and United States Continue to Implement Nuclear Deal, Although Disputes Persist • United States Continues to Challenge Chinese Claims in South China Sea; Law of the Sea Tribunal Issues Award Against China in Philippines-China Arbitration • U.S. Navy Report Concludes That Iran’s 2015 Capture of U.S. Sailors Violated International Law • United States Justifies Its Use of Force in Libya Under International and National Law • U.S. Drone Strike Kills Taliban Leader in Pakistan • U.S. Government Releases Casualty Report, Executive Order, and Presidential Policy Guidance Related to Its Counterterrorism Strike Practices • The Department of Defense ...


Student Press Exceptionalism, Sonja R. West Jan 2015

Student Press Exceptionalism, Sonja R. West

Scholarly Works

Constitutional protection for student speakers is an issue that has been hotly contested for almost 50 years. Several commentators have made powerful arguments that theCourt has failed to sufficiently protect the First Amendment rights of all students. But this debate has overlooked an even more troubling reality about the current state ofexpressive protection for student — the especially harmful effect of the Court’s precedents on student journalists. Under the Court’s jurisprudence, schools may regulate with far greater breadth and ease the speech of student journalists than of their non-press classmates. Schools are essentially free to censor the student press ...


Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr. Nov 2014

Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr.

Touro Law Review

No abstract provided.


As Today’S Tony Lewises Disappear, Courts Fill Void, David A. Sellers Nov 2014

As Today’S Tony Lewises Disappear, Courts Fill Void, David A. Sellers

Missouri Law Review

Tony was a gifted writer, who covered one of the most challenging beats in Washington. His nine “news makers” were not generally accessible to journalists, and their work product was not easily decipherable. Yet Tony made the Supreme Court both understandable and relevant to his readers. Regrettably, the number of journalists who cover courts today, let alone those who write with Tony’s insight and clarity, is very small and rapidly declining. Any number of reports, most notably, the annual State of the News Media by the Project for Excellence in Journalism (“PEJ”), chronicles the shrinking newspaper newsroom workforce, which ...


Is It Possible To Protect Journalists Sources In The Digital Age?, Survey Asks, Julie N. Posetti Jan 2014

Is It Possible To Protect Journalists Sources In The Digital Age?, Survey Asks, Julie N. Posetti

Faculty of Law, Humanities and the Arts - Papers (Archive)

Titled UNESCO Internet Study: Privacy and Journalists' Sources, this major global research project requires the direct input of editors, journalists, publishers, media organisations and associations, policy experts, media lawyers, press freedom activists and NGOs, and public interest bloggers.


Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines Dec 2013

Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines

West Virginia Law Review

No abstract provided.


Journalists, Trespass, And Officials: Closing The Door On Florida Publishing Co. V. Fletcher , Kent R. Middleton Jan 2013

Journalists, Trespass, And Officials: Closing The Door On Florida Publishing Co. V. Fletcher , Kent R. Middleton

Pepperdine Law Review

No abstract provided.


A Reporter's Privilege In Florida: Has The Conflict Between The First Amendment And Sixth Amendment Been Reconciled?, Jay B. Rosman Jan 2013

A Reporter's Privilege In Florida: Has The Conflict Between The First Amendment And Sixth Amendment Been Reconciled?, Jay B. Rosman

Barry Law Review

This article examines the reporter's privilege in Florida and the inherent conflict between the First Amendment and Sixth Amendment as it exists between the freedom of the press and the right to a fair trial. The salient question addressed is whether the conflict between the First Amendment and the Sixth Amendment has been reconciled on the issue of a reporter's privilege by Florida courts and the Florida Legislature. The author provides both an analytic and empirical study. Analytically, the article looks to the two amendments to define a reporter's privilege and considers the history of the privilege ...


Politics At The Boundary: Mixed Signals And The Chinese State, Rachel E. Stern, Kevin J. O'Brien Sep 2012

Politics At The Boundary: Mixed Signals And The Chinese State, Rachel E. Stern, Kevin J. O'Brien

Rachel E. Stern

In this conceptual essay, the authors argue that one way to understand the Chinese state is to view it from below, from the perspective of people advocating change. The authors’ “state reflected in society” approach is illustrated with accounts of Chinese lawyers, journalists, and NGO leaders who operate at the boundary of the acceptable and are attentive to signals about what the authorities will tolerate. Their experiences suggest that mixed signals about the limits of the permissible is a key feature of the Chinese state. Beyond a number of well-patrolled “forbidden zones,” the Chinese state speaks with many voices and ...


U.S. And Canadian Federalism: Implications For International Trade Regulation, Gregory W. Bowman Apr 2012

U.S. And Canadian Federalism: Implications For International Trade Regulation, Gregory W. Bowman

West Virginia Law Review

No abstract provided.