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 PRESS RELEASE   · October 21, 2009 ·

Reporters Committee mourns the loss of co-founder Jack Nelson

Jack Nelson, retired Washington Bureau Chief for the Los Angeles Times and a co-founder in 1970 of the Reporters Committee for Freedom of the Press, died early this morning of pancreatic cancer. He celebrated his 80th birthday on Oct. 11.

Nelson was one of 30 Washington and New York journalists who met in March 1970 at Georgetown University’s law library out of concern about a federal grand jury subpoena served on New York Times reporter Earl Caldwell. After the three-hour meeting, Nelson and two New York Times reporters, Fred Graham and the late J. Anthony Lukas, went to the New York Times’ Washington Bureau, where they coined the organization’s name. Lukas wrote a press release expressing the group’s concern over subpoenas . . . [more]

— Posted at 10:50 am   ·   Comments: 0


 QUICKLINK   U.S. · October 20, 2009 · Broadcasting

With Fox dispute intensifying, White House pledges to cooperate

Just days after the White House excluded Fox News from the roster of networks that hosted senior aides on weekend news shows, administration officials have pledged to book representatives on the network going forward, the Associated Press reported.

The move was a conciliatory gesture towards Fox News, which Pres. Obama avoided during his tour of five Sunday morning news programs last month on CNN, NBC, ABC and CBS. For months, the Obama . . . [more]

Ansley Schrimpf, 6:58 pm   ·   View reader comments (4)


 NEWS MEDIA UPDATE   U.S. · October 20, 2009 · Freedom of information

Congress backs hiding of detainee abuse photos

The long-fought battle to release images depicting the torture and abuse of detainees in U.S. custody appears over after Congress passed legislation today that specifically exempts them from public disclosure.

The images were initially the center of a denied request under the Freedom of Information Act, that later became the subject of a lawsuit -- which dragged on for years -- and recently were dropped into the Homeland Security Appropriations Bill as an amendment specifically exempting them from the law in an effort to supersede court decisions on the issue.

This afternoon, the Senate voted 79-19 to approve the conference report on the bill, which was approved by the House of Representatives in a 307-114 vote last week. It will now go to President Obama to be signed into law. Obama has publicly opposed releasing the photos since May.

Because of the appropriations amendment, the Supreme Court has postponed its decision on whether it will hear arguments in the lawsuit initially brought by the American Civil Liberties . . . [more]

Miranda Fleschert, 6:14 pm   ·   View reader comments (2)


 QUICKLINK   U.S. · October 20, 2009 · Prior restraints

Changes to embed policy in Afghanistan are reversed

The military has reversed recent changes to its policy for embedded reporters that prohibited them from photographing troops who have been killed in action, Congressional Quarterly reported on Tuesday.

Just days before, a Pentagon spokesman had told the Associated Press that it would push for further revisions to the policy issued by military commanders in eastern Afghanistan, . . . [more]

Amanda Becker, 4:31 pm   ·   Comments: 0


 NEWS MEDIA UPDATE   U.S. · October 19, 2009 · Freedom of information

Secret Service denies access to White House visitor logs

Despite the Obama administration's recent legal settlement to begin releasing White House visitor logs later this year, it has denied a different public interest group's recent request for those same records in the meantime.

In denying a request by watchdog group Judicial Watch, the U.S. Secret Service, through the Department of Homeland Security, said that White House visitor logs fall under the Presidential Records Act and are not subject to disclosure under the Freedom of Information Act because they do not originate with a federal agency.

Last month, the Obama administration announced its plan to voluntarily publish White House visitor logs on its Web site beginning Dec. 31 in response to lawsuits for visitor logs brought by another government watchdog group. The records that were the subject of Judicial Watch's request here -- from Jan. 20, 2009 through Sept. 15, 2009 -- will remain largely private.

“The Obama White House has yet to explain why visitor logs from its first eight months will be afforded special . . . [more]

Miranda Fleschert, 6:34 pm   ·   View reader comments (2)


 QUICKLINK   Illinois · October 19, 2009 · Newsgathering

Northwestern 'Innocence Project' students slapped with subpoena

County prosecutors in Illinois have subpoenaed the grades, notes, recordings, and electronic correspondence of journalism students who have been gathering evidence that could exonerate a convicted criminal defendant, the Chicago Tribune reported.

A judge will consider the evidence uncovered by students at Northwestern University's Medill School of Journalism during an upcoming hearing to decide whether Anthony McKinney, who has been incarcerated for 31 years after being convicted . . . [more]

Cristina Abello, 5:02 pm   ·   Comments: 0


 QUICKLINK   U.S. · October 19, 2009 · Prior restraints

Confusion remains over embed policy in Afghanistan

Confusion remains after military commanders in eastern Afghanistan issued two recent changes to a policy on whether embedded journalists can photograph mortally wounded soldiers, the Associated Press reported.

The policy was twice revised after the Associated Press published the photograph of a Marine who was killed in action. The first revision, which was released in mid September, prohibited embedded journalists . . . [more]

Kirk Davis, 5:01 pm   ·   Comments: 0


 NEWS MEDIA UPDATE   U.S. · October 16, 2009 · Freedom of information

House approves bill banning release of detainee abuse photos

In a letter today, the Solicitor General Elena Kagan informed the Supreme Court that the House of Representatives voted yesterday to agree to the conference report on the Homeland Security Appropriations Bill, which exempts the release of abuse photos of detainees in U.S. custody. The bill passed by a vote of 307 to 114.

“It’s hard for me to express how disappointed I am with that decision. I am sorry because I believe that we had turned a page from the cloud of suspicion and secrecy that marked the previous Administration,” said Rep. Louise Slaughter (D-N.Y.) this morning on the House floor with respect to the conference report. 

Last week, Kagan asked the Supreme Court to postpone its decision to hear arguments in the case over whether the photos should be released to the public because if the bill is signed into law, the government may . . . [more]

Miranda Fleschert, 6:22 pm   ·   Comments: 0


 QUICKLINK   Washington · October 16, 2009 · Freedom of information

Washington judiciary declares itself exempt from open records law

Washington’s Public Records Act does not apply to the state’s judiciary, the Washington Supreme Court ruled on Thursday. The decision exempts all judges within the state from disclosing their professional correspondence or case files.

The case stems from a public records request by open government activist David Koenig, who sought access to documents and communications about a City of Federal Way scandal involving the resignation of Municipal Judge Colleen Hartl in 2007, the Associated Press . . . [more]

Miranda Fleschert, 6:08 pm   ·   Comments: 0


 QUICKLINK   U.S. · October 16, 2009 · Prior restraints

Defense department retreats from stringent embed rules

A revised policy for reporters embedded with the U.S. military command in eastern Afghanistan released Thursday retreats from a more stringent version imposed last month, the Washington Post reports.

Last week, the Reporters Committee reported that the agreement journalists must sign in order to embed with a military unit had been changed to . . . [more]

Amanda Becker, 5:00 pm   ·   Comments: 0


 NEWS MEDIA UPDATE   Texas · October 15, 2009 · Freedom of information

Texas officials to file second suit over meetings act

Texas public officials are arguing for the second time this year that the state's Open Meetings Act violates their right to free speech. At least 20 elected officials from cities across the state have signed onto a potential lawsuit, including the mayor and four city council members in Pflugerville, the Austin American Statesman reported.

The act in question prevents a quorum of government officials from deliberating in secret and attaches a penalty of up to six months in jail and a $500 fine.

Rod Ponton, who represents the elected officials, told the Austin American Statesman the new suit against the State of Texas and Texas Attorney General Greg Abbott will be filed in federal court next month in the West Texas city of Pecos.

The Fifth Circuit dismissed a similar suit last month because the plaintiffs, Alpine city council members who were no . . . [more]

Miranda Fleschert, 5:52 pm   ·   Comments: 0


 QUICKLINK   Florida · October 15, 2009 · State open government

NCAA appeals to high court as Florida State releases documents

Florida State University released a transcript that was the subject of a protracted public records dispute Wednesday as the National College Athletic Association made a last-ditch request to Florida Supreme Court to halt the disciplinary documents' release, The New York Times reported.

According to theTallahassee Democrat, the NCAA sought an emergency order that would have blocked the court-ordered release of two documents – a . . . [more]

Ansley Schrimpf, 5:41 pm   ·   Comments: 0


 QUICKLINK   New Jersey · October 14, 2009 · Libel

N.J. high court to decide future of state "fair report" privilege

The New Jersey Supreme Court heard oral arguments this morning in the appeal of a 2008 libel ruling that considerably narrowed the state’s “fair report” privilege that protects journalists who report on information contained in court filings, Newark's The Star-Ledger reported.

Before the appellate court ruling, journalists in New Jersey could not be sued for libel if they accurately reported from any court documents, even if the allegations in the lawsuit later proved . . . [more]

Cristina Abello, 5:55 pm   ·   Comments: 0


 NEWS MEDIA UPDATE   California · October 14, 2009 · State open government

Governor again vetoes open government bills

California Gov. Arnold Schwarzenegger vetoed two bills this week that were designed to bring greater transparency and accountability to California's public colleges. This is the latest in a string of actions Schwarzenegger has taken against increased transparency since assuming the governor's office in 2003.

The first, S.B. 218, overwhelmingly passed the legislature and would have expanded California's public records law to include organizations that contract with the state's colleges. The second, S.B. 219, would have provided employees of the University of California system who report waste, fraud and abuse, with the same legal protections as other state employees.

“It would appear that his public commitment to transparency and accountability is only lip-service,” said Lillian Taiz, the president of the California Faculty Association, in a release by Sen. Leland Yee.

In 2004, Schwarzenegger . . . [more]

Brooke Ericson, 5:53 pm   ·   Comments: 0


 QUICKLINK   District of Columbia · October 14, 2009 · Secret courts

Judge closes hearings on Blackwater killings

A federal judge in Washington, D.C., today refused The Washington Post’s request to open the pretrial proceedings in the manslaughter prosecution of five security guards who were charged in an attack that left more than a dozen civilians dead in Baghdad.

The security guards were working for Blackwater Worldwide, now known as Xe, in 2007 when they allegedly participated in the unprovoked attack that killed 14 civilians and wounded 20 more.

The Post . . . [more]

Rory Eastburg, 5:45 pm   ·   View reader comments (1)


 NEWS MEDIA UPDATE   California · October 14, 2009 · State open government

California county pays $500,000 in map data dispute

Santa Clara County must pay a nonprofit watchdog group $500,000 to cover its legal fees after a three-year dispute over whether the county could withhold or charge extremely high fees for electronic maps that were sought during a public records request, the San Jose Mercury News reported.

Government watchdogs say the payment of the California First Amendment Coalition's legal fees, which follows an appeals court order to disclose the map data, could be the largest payout awarded in a California records disclosure dispute to date.

“[The $500,000 judgment] sends a very, very clear message that if [governments] ignore their obligations under our open government laws, they better treat that as a real liability,” Peter Scheer, executive director of CFAC, told the Mercury News.

The California First Amendment Coalition sued Santa Clara in June 2006 after it failed to provide its global imaging system basemap in its . . . [more]

Brooke Ericson, 5:16 pm   ·   Comments: 0


 QUICKLINK   California · October 13, 2009 · Newsgathering

California bill allows anti-paparazzi suits against third parties

Arnold Schwarzenegger has signed an amendment to California's anti-paparazzi law that will make it easier to sue media organizations that publish improperly obtained photographs, the Associated Press reports.

The amendment to the 11-year-law, which made it illegal for photographers to trespass, both physically and constructively, with the intention of photographing . . . [more]

Amanda Becker, 6:28 pm   ·   View reader comments (5)


 QUICKLINK   Massachusetts · October 13, 2009 · Libel

Jury finds for libel defendant in case over truth as defense

A Massachusetts jury has decided that a truthful mass e-mail criticizing the former employee of an office supply company is not libelous because it was not sent with actual malice, Law.com reports. The verdict was the latest round in a case that questioned well-established libel jurisprudence when a federal appeals court found that the truth can still be libelous.

The case, Noonan v. Staples, began when an employee filed a libel suit against Staples, Inc., for sending out an e-mail message that . . . [more]

Cristina Abello, 5:52 pm   ·   Comments: 0


 NEWS MEDIA UPDATE   U.S. Supreme Court · October 9, 2009 · Freedom of information

U.S. asks court to delay detainee abuse photo decision

The Solicitor General has asked the Supreme Court to postpone its decision to hear arguments in the case over whether abuse photos of detainees in U.S. custody should be released to the public because if a pending Homeland Security Appropriations Bill is signed into law, the government may have the authority to exempt the photos from release and the appeal would be unnecessary, she contends.

The Supreme Court was set to consider the case at its conference today, but Solicitor General Elena Kagan urged the Supreme Court to postpone its decision in a letter sent to the court Thursday.

The House and Senate had already both passed the bill and sent it to a conference committee to reconcile the differences. On Oct. 7, the committee released a conference report that contained an amendment that “codifies the President’s decision to allow the Secretary of Defense to bar the release of detainee photos.”

The original amendment was introduced by Senators Joe Lieberman, I-Conn., and Lindsey Graham, R-S.C., and passed the Senate in July. House . . . [more]

Miranda Fleschert, 3:20 pm   ·   Comments: 0


 QUICKLINK   U.S. · October 9, 2009 · Prior restraints

New military policy prohibits photos of troops killed in action

The agreement journalists must sign to become embedded with a military unit in Afghanistan now includes a prohibition against any photographic or video coverage of U.S. troops killed in action, according to a copy of the latest agreement.

As recently as July,  the ground rules journalists agreed to in order to receive a media badge at Regional Command East stated that "media will not be prohibited . . . [more]

Amanda Becker, 1:07 pm   ·   View reader comments (6)


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