Media law basics journalists should know.

1. Journalism Law Primer What you need to know Presented by Mark Grabowski

5. First, some history… It all begins with the First Amendment. Press freedom is rooted in this.

7. First Amendment rights are not absolute The Supreme Court often balances First Amendment rights with other personal rights and societal interests such as the right to privacy; to protect reputation; to protect national security interests; and against obscenity, to name a few interests that are sometimes favored over First Amendment rights.

13. Pentagon Papers In 1971, the Nixon Administration went to court to stop publication of "the Pentagon Papers," a series of accounts based on a stolen, classified document entitled, "The History of U. S. Decision-Making on Viet Nam Policy." The Administration argued that publication would threaten national security because other nations would be reluctant to deal with the U. S. if their dealings couldn't be kept secret. The Court ruled this violated the First Amendment. Smart decision?

14. Oops? One seemingly innocuous statement in published reports about the Pentagon Papers was attributed to Soviet leader Leonid Brezhnev. The Soviets knew that the quoted statement was made inside a Soviet limousine – a limousine that the CIA had succeeded in bugging. As a result, the bug was removed by the Soviets. Does this incident suggest that courts should defer to Administration judgments that there is a national security need to enjoin publication ?

15. What if someone wanted to print an article on how to build a nuclear bomb? Already happened . The U.S. went to court to enjoin publication of an article scheduled to appear in the left-wing magazine, The Progressive . The article, "The H-Bomb Secret: How We Got It and Why We're Telling It," was essentially a how-to-do-it account for anyone wanting to build an atomic bomb. Reasoning that the article presented a clear and present danger of speeding the efforts of foreign nations or terrorist groups interested in developing atomic weapons, a Wisconsin federal district judge issued an injunction against publication.

16. Later, the story was published outside the U.S., making the case moot. To date, no direct harm has been traced to the story.

20. 3. Libel: Publication of a false statement of fact that seriously harms someone ’s reputation

21. Fault required The First Amendment requires that in order for media defendants to be held responsible for libel, the person suing must show — at a minimum — that the reporter/editor acted unreasonably

22. Public figures Under New York Times v. Sullivan , public officials and public figures are required to prove “actual malice” in defamation cases.

24. The lesson: If you always do what a reasonable reporter should do (and don ’t do what a reasonable reporter wouldn’t do), you will never be successfully sued for libel

26. 4. Invasion of Privacy Certain details about people, even though true, may be "off limits" to the press and public Truth is not a defense

33. Intrusion General Rule: You have the right to photograph anything from a public spot that you can see with the naked eye

34. Consent is generally required before newsgathering in a private space

37. A student sued his school claiming that his face was used in a newspaper article warning teenagers about sexually transmitted diseases.

38. 5. Reporter ’s Privilege & Shield Laws Protecting the right of a free and independent press to gather and report the news

44. 6. Freedom of Information Law Ensuring your right of access to public records and meetings