Articles & Reports – Model Shield Law Task Force – Resource Materials on the Definition of “Journalist” and “Media” in Litigation and Legislation: 2014 Update
Defining “Journalist” or “Media” in the Context of State Open Records Litigation
By Amanda Zimmerman Patrick* INTRODUCTION In establishing and enforcing open records statutes, states often find guidance in the Federal Freedom of Information Act, which allows “any person” to make a request for documents. For the most part, this broad definition enables all citizens – whether affiliated with the media or not – to request and…
Defining “Journalist” in the Context of the Federal Freedom of Information Act
By Peter Canfield and Kristen Rasmussen* Introduction For decades, the federal Freedom of Information Act (“FOIA” or “the Act”) has bestowed a significant advantage on “representative[s] of the news media”—a reduction or waiver of the sometimes-exorbitant fees federal agencies assess for processing requests for government documents. FOIA has defined “representative of the news media” pursuant…
“Newspapers of General Circulation” for Legal Notice Advertising
By Drew E. Shenkman / Updated by Peter B. Shapiro* INTRODUCTION Taking a page from advertising context, litigators helping judges struggle to define “journalists” in the digital age may find guidance in the work of courts and legislatures that, for generations, have established criteria to qualify newspapers to deliver legal notice advertising to the public.[1]…
Definition of a “Journalist,” “Media” or “News” in Defamation Cases Against Credit Rating Agencies and Financial Newsletters
By Laura R. Handman, Rory Eastburg and Adam Shoemaker / Updated by Nathaniel S. Boyer* INTRODUCTION Credit rating agencies have been the focus of a large number of cases examining whether the First Amendment will tolerate any distinction between media and non-media speakers. The nature of credit reporting, in which an agency collects and publishes…
“Media Defendant” for Purposes of Defamation Law
By Christine N. Walz / Updated by Maura J. Wogan, Andrew J. Ungberg and Anna Kadyshevich* INTRODUCTION While some states distinguish between “media” and “non-media” defendants, others have deemed this distinction immaterial for purposes of defamation law.[1] Further, many courts use the phrase “media defendant” without making clear whether the identification is relevant to any…
Definition of a “Journalist,” “Media” or “News” Under Right of Publicity and Misappropriation Torts
Update by Elizabeth A. Ritvo* INTRODUCTION In right of publicity and misappropriation cases, the definitions of “journalist,” “media,” and “news” can trigger the actual malice standard, help distinguish between editorial and commercial content, and assist in applying the newsworthiness and incidental use exceptions. Courts have applied these definitions broadly to cover all types of “media,”…
Defining “Journalist” in the Context of Common Law and Statutory Reporter’s Privilege Protections
By Katie Hirce and Kurt Wimmer / Updated by Katie Hirce and Sadie Craig* INTRODUCTION The United States Supreme Court foreshadowed the challenges of defining “journalist,” for purposes of application of the journalists’ privilege, in Branzburg v. Hayes, where it observed: The administration of a constitutional newsman’s privilege would present practical and conceptual difficulties of…
Resource Materials on the Definition of “Journalist” and “Media” in Litigation and Legislation: 2014 Update
Download Publication Who qualifies as “the media,” it seems, is the perennial million-dollar question in an age when the “pen,” the camera, and the “press” are all combined in a single device that fits easily in your purse—if not your back pocket—and everyone is a potential publisher. This updated report offers a review of that…