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Model Briefs and Practice Guides

Model Briefs

Model Trial Brief

Model Brief on Newsgathering Claims

Model Brief on Jury Access Issues
A model brief for the press to intervene to obtain disclosure of juror information and conduct post-verdict interviews with jurors in criminal cases.

Model Brief on Access to the Executive Branch

Jury Instruction Manual
Collected instructions given on the elements of defamation claims, as well as selected privacy law issues, including fraud, trespass, and disparagement.

Practice Guides

Actual Malice Practice Guide
The purpose of this Practice Guide is to inform defense counsel of this relevant case law so they can quickly respond to a claim of actual malice.

Fair Report 50-State Survey

Law of Opinion Practice Guide

Panic Book
Ready citations to use in responding to an “emergency” call from a news media client instructing the attorney to be in court within minutes to argue against a prior restraint or in favor of access to certain proceedings, records, or location.

Discovery Roadmap

Risks and Tips for Digital Images

The Use of Releases in News and Entertainment Production
This paper discusses when releases should be considered and why; how releases should be obtained; and what terms should be included.  Sample releases are also attached.

Reporters Privilege

Resource Materials for Defining “Journalist” and “Media” in Litigation and Legislation
With the ongoing evolution of print, online, broadcast, cable and mobile outlets for expression, this paper contains a detailed study of court decisions, administrative regulations, and statutes that have attempted to define and explain “journalist,” “news” and “media.”

Catalog of Subpoena Decisions by Category of Material and Reasons Sought
This catalog includes subpoena cases arising out of jail house interviews, accident and crime scenes and leak investigations.  

Covering Courts

Media Decorum Order
The Model Media Decorum Order, and supporting memorandum of law, can be used in high profile state court cases to balance fair trial rights with the press and public’s right to full access to judicial proceedings.

Model Policy on Access and Use of Electronic Portable Devices in Courthouses and Courtrooms
This Model Policy is designed to give thoughtful guidance to judges facing these issues.  It explains that reporters need to use the modern tools of the trade to provide timely, contemporaneous reports to the public, in fulfilling their constitutional mission.

Practically Pocket-Sized Guide to Internet Law
Contains concise articles on a wide-range of Internet law questions that come up in day-to-day media law practice.