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    Digital Journalist's Legal Guide
    Tablet and mobile phone showing news online

    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.

    Content Regulation

    This section covers government attempts to regulate certain kinds of content, from the Federal Communications Commission's regulation of broadcasting (specifically indecency) to legislative attempts to "rein in" the Internet. It also covers copyright law, and the use of copyrighted works is regulated by law.

    Arizona bill could make writing an annoying or offensive electronic statement a misdemeanor

    Haley Behre | Content Regulation | News | April 6, 2012
    Haley Behre
    News
    April 6, 2012

    Arizona legislators say they are limiting the language of a controversial proposed bill that criminalizes speech via "electronic or digital device" that could, among other things, "offend or annoy" someone else.

    The bill passed the Arizona house and senate in March, but is now back on the floor after First Amendment advocates complained that the bill's language was too broad.

    Attorneys sue legal databases for copyright infringement

    Haley Behre | Content Regulation | Feature | February 24, 2012
    Haley Behre
    Feature
    February 24, 2012

    Two lawyers have filed a federal lawsuit against Westlaw and LexisNexis, alleging that the popular online databases have violated federal copyright laws by posting materials written by attorneys on their databases without that attorney or law firm’s permission.

    Proposed Fla. bill shields legislators from civil court

    Rachel Bunn | Content Regulation | Feature | February 21, 2012
    Rachel Bunn
    Feature
    February 21, 2012

    Update: A House committee announced late Monday that the bill would not be considered, after a prominent senator announced he would not support it.

    The basics of the Digital Millennium Copyright Act

    Sidebar
    Page Number: 
    12
    You-Jin Han

    The Digital Millennium Copyright Act (DMCA) is a federal law that addresses a range of copyright issues. Perhaps most importantly for bloggers and other publishers, its “safe harbor” provisions can minimize liability for unlawfully posting the copyrighted works of others.

    In order to be shielded from liability under the “safe harbor” provisions, Internet service providers must follow very specific “notice-and-takedown” procedures once notified of potentially infringing material. To qualify for safe harbor protection:

    The News Media and The Law, Winter 2012

    Stolen Valor

    Are lies protected under the First Amendment?
    Cover Story
    Page Number: 
    4
    Nicole Lozare

    AP Photo by Marco Garcia

    A group of US Marines march in a parade honoring Japanese American WWII veterans on Dec. 17 in Honolulu. The parade honored members of the 100th Infantry Battalion, the 442nd Regimental Combat Team, and the Military Intelligence Service. Congress recently awarded the three Army units the Congressional Gold Medal.

    The News Media and The Law, Winter 2012

    Copyright police

    Why Righthaven fell apart
    Feature
    Page Number: 
    10
    Jamie Schuman

    A blogger reads an online news article and reposts it on his website.

    It happens every day, and probably seems harmless enough to the blogger. But reposting an entire article will likely violate copyright law.

    The News Media and The Law, Winter 2012

    United States v. Alvarez

    January 20, 2012
    application/pdf icon2012-01-30-united-states-v-alvarez.pdf

    The U.S. Court of Appeals in San Francisco (9th Cir.) struck down the 2006 Stolen Valor Act, which criminalizes lying about the receipt of military honors, on First Amendment grounds. The U.S. Supreme Court agreed to hear the case--which involves a California man who, despite never serving in the military, stated at a municipal water board meeting that he had served in the armed forces for almost three decades and received a Medal of Honor--and decide whether the statute is constitutional.

    High court weighs constitutionality of broadcast regulation

    Haley Behre | Content Regulation | Feature | January 10, 2012
    Haley Behre
    Feature
    January 10, 2012

    The U.S. Supreme Court weighed arguments Tuesday in a case that challenges the federal government's policy of regulating broadcast indecency, but has the potential to drastically change how the media industry is regulated.

    At issue in FCC v. Fox is the Federal Communications Commission's indecency policy, which broadcast television networks claim provides no guidance as to what material is indecent -- making it unclear what is subject to fines and what is not.

    Judge: First Amendment bars cyber-stalking prosecution

    Chris Healy | Content Regulation | Feature | December 19, 2011
    Chris Healy
    Feature
    December 19, 2011

    A federal judge in Maryland has ruled that the First Amendment protects an online speaker - who made derogatory comments about a religious leader through Twitter - from being prosecuted under the federal anti-stalking law.

    Amicus brief in Federal Communications Commission v. Fox Television Stations and Federal Communications Commission v. ABC Inc.

    November 11, 2011
    application/pdf icon20111111-amicusbriefinfederalcommunicationscommissionvfoxte.pdf

    Urging the U.S. Supreme Court to uphold the lower court ruling that the FCC's indecency policy is unconstitutionally vague and its subjective enforcement restricts broadcasters' news reporting.