The News Media and The Law, Fall 2012

Fall 2012
Vol. 36, No. 4

Spying on electronic data with subpoenas, search warrants — or nothing at all

The secrecy and pervasiveness of electronic searches by law enforcement are on the increase


For journalists, life in the cloud means greater legal risk


Spying with subpoenas, search warrants — or nothing at all

Re-examining access to personal digital data

Customer information held by social media companies like Twitter is a popular target for government investigators

Confronting the electronic surveillance 'legal void'

Secrecy of surveillance orders prevents effective coverage of government monitoring activity


No journalists were arrested at a national convention for the first time in 20 years

Practical police training, peaceful protesters lead to uneventful events

Victim-notification policy renews debate over prisoner interviews with the news media

Inmates who won award for prison program challenge procedure they say allows victims to veto prisoners’ media appearances

Sidebar: Access behind bars


Asked and Answered

The Reporters Committee attorneys discuss questions about recent issues in media law


Government adapts to loss of “High 2” exemption

Reliance on Exemption 2 drops, but officials are encouraging the use of other exemptions and statutes instead

Sidebar: The new requirements of Exemption 2

The fast, the furious, and the executive privilege

Federal court to decide if Obama can assert executive privilege in the Operation Fast and Furious investigation

Chart: Assertions of Executive Privilege from Kennedy to Obama

Texas public officials lose First Amendment challenge to openness requirements

Open Meetings Act survives scrutiny over criminal penalty provisions


Military appeals court weighs public access to Bradley Manning court-martial records

Journalists, media advocates: Open hearings virtually meaningless without ability to view documents


Courts confront online reviews

Review sites encourage opinions and critiques, but courts must decide if the information is protected as opinion


“Open & Shut”

A collection of notable quotations

Sources and Citations