Everything online journalists need to protect their legal rights. This free resource culls from all Reporters Committee resources and includes exclusive content on digital media law issues.
Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it. S.D. Codified Laws § 23A-35A-20 (2012).
In a landmark ruling that grants the media and public a qualified First Amendment right of access to civil trials in South Dakota, the state's highest court held that a trial judge erred in barring access to a trial that settled a familial dispute over a popular area tourist attraction.
The South Dakota Supreme Court decided last week to seal jury records from the public in a bid to protect personal information and identities.
With the rule change, the court policy went from favoring disclosure to closure: As of Nov. 1, “All records, lists, papers, tickets, and other materials used in all stages of the jury selection process shall be preserved in the custody of the clerk of courts."
The South Dakota Supreme Court has greenlighted for trial a libel suit against the Argus Leader, declining to step in and declare a disputed 2007 column a piece of constitutionally protected parody.
Former Sioux Falls development head Dan Scott's million-dolllar lawsuit against the newspaper alleges the column, which mocked statements he made during a Chamber of Commerce speech, damaged his reputation.
Broadcasting and Cable reports that South Dakota's attorney general has settled a suit filed by a coalition of national news organizations by permanently enjoining the state from enforcing a law that prevents exit polling within 100 feet of a voting place.
The Associated Press, along with CNN, Fox News, ABC, NBC and CBS had argued in the lawsuit that such polling within 100 feet of South Dakota voting locations has been conducted during previous elections.
A coalition of national news organizations filed a lawsuit in federal court in Sioux Falls on Monday over a South Dakota law that prevents exit polling within 100 feet of a voting place.
The Associated Press, along with CNN, Fox News, ABC, NBC and CBS contend in the lawsuit that such polling within 100 feet of South Dakota voting locations has been conducted during previous elections.
South Dakota Circuit Court Judge Kathleen Caldwell ruled this week that a jury ought to decide a libel case between the Argus Leader [Sioux Falls] and the former president of the Sioux Falls Development Foundation.
The South Dakota House passed a bill that sets up a procedure to resolve disputes over access to government records. If a request is denied, the citizen may appeal to the state Office of Hearing Examiners for review to determine if the records should be released. The bill would make appealing denials quicker and less expensive.
SB186 has already passed in the state Senate, but heads back to the chamber for approval of any adjustments the House may have made.
