April 2: Presentation Summary: Syed Haq & Kevin Brady: Media Law

1. Introducing the field:
-First and foremost, Media Law demands fluency in the application and extensions of the First Amendment, which reads:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

-Media Law straddles the duel debates of expression and information in our society: Think of the ideal of the three branches of the US federal government and replace them with “media,” “government,” and “the public”

2. Why does this field matter?

Example: Reporters’ Secret Sources
-McKevitt v. Pallasch (Chicago Tribune-Real IRA case): In 2004, the 7th Circuit Court of Appeals, in an opinion penned by conservative darling Judge Posner, declared that there was no First Amendment privilege in protecting a confidential source nor special criteria into which journalists fell when deemed in contempt of court.

-In 1972’s Branzburg v. Hayes, the Supreme Court failed to achieve a majority on the issue of whether journalists had a right to keep their sources secret, even from authorities. From then on, most courts erred on the side of a limited, “balanced” approach to the privilege, allowing judges often to determine what could be kept secret and what could not, but no precedent was set in stone.

-Today, ranks have now been achieved in many judgeships in the US that seek to overturn the entire concept of journalistic immunity from prosecution for secret sources. Debate continues in the media itself, in political arenas, and amongst the public about what is best for all involved, weighing equality under the law, government protection of secret information, and the public’s right to know.

3. Aspects & Education:
- In many cases, Media Law, as a major for example, is referred to by other names, such as Communications-, Entertainment-, Journalism- or First Amendment Law.
-Local Programs: Columbia U., CUNY-Queens College, Fordham U., NYU

Links:

http://www.medialaw.org/

Site’s Summary: The Media Law Resource Center – formerly the Libel Defense Resource Center – is a non-profit information clearinghouse originally organized by a number of media organizations to monitor developments and promote First Amendment rights in the libel, privacy and related legal fields.

http://lawprofessors.typepad.com/media_law_prof_blog/

Our Summary: Maintained by LSU Associate Prof. of Law Christine A. Corcos, the blog offers summaries, updates, and links to ongoing cases and interesting articles about journalists involved with the law (the murder of reporters in Russia), freedom of expression issues (Google availability in China without censorship), and governmental regulation of media outlets (FCC licensing and auctions). Delivered with less opinion and much more summarization and analysis than most blogs, Prof. Corcos’ site is both a good resource for those keeping tabs on media law, freedom of expression issues or journalism as a whole, as well as a nice sample of what is at stake and at work for prospective lawyers and journalists alike.

http://www.firstamendmentcenter.org/topicssummary.aspx

Site’s Summary: The First Amendment Center works to preserve and protect First Amendment freedoms through information and education. The center serves as a forum for the study and exploration of free-expression issues, including freedom of speech, of the press and of religion, and the rights to assemble and to petition the government.

The center’s Web site, www.firstamendmentcenter.org, is one of the most authoritative sources of news, information and commentary in the nation on First Amendment issues. It features daily updates on news about First Amendment-related developments, as well as information and detailed reports about U.S. Supreme Court cases involving the First Amendment, and commentary, analysis and special reports involving free expression, press freedom and religious-liberty issues.