CHAPTER 1 INTRODUCTION: FASHIONING THE NEWSGATHERING RIGHT
1.01 The Principle of Freedom of Expression.
1.02 The Rationale of Preference.
1.03 The Right to Acquire Information and the Right to Know.
1.04 Freedom of the Press.
1.05 Newsgathering and the Right of Access.
1.06 Access and the War Against Terrorism.
CHAPTER 2 ACCESS TO JUDICIAL PROCEEDINGS: THE CONSTITUTIONAL FOUNDATIONS
2.01 The Constitutional Law of Fair Trial/Free Press.
2.02 The Constitutional Right of Access in the Supreme Court.
2.03 Procedural Requirements.
2.04 Access to Dockets.
2.05 Justice Department Guidelines.
CHAPTER 3 ACCESS TO JUDICIAL PROCEEDINGS: THE LOWER COURTS
3.01 Criminal Proceedings.
3.02 Civil Proceedings.
CHAPTER 4 CAMERAS IN THE COURTROOM
4.01 Supreme Court Precedent.
4.02 Federal Court Proceedings.
4.03 State Court Proceedings.
CHAPTER 5 ACCESS TO JUDICIAL RECORDS: CRIMINAL PROCEEDINGS
5.01 Sources of the Access Right.
5.02 Records of Criminal Proceedings.
CHAPTER 6 ACCESS TO JUDICIAL RECORDS: CIVIL PROCEEDINGS
6.01 Records in Civil Proceedings--In General.
6.02 Discovery Materials.
6.03 Settlement Agreements.
6.04 Court Files.
6.05 Other Civil Court Records.
CHAPTER 7 ACCESS TO JUVENILE COURTS
7.01 Juvenile Proceedings.
7.02 Juvenile Records.
CHAPTER 8 ACCESS TO PARTICIPANTS IN THE JUDICIAL PROCESS
8.01 Participants in the Judicial Process Generally.
8.02 Attorneys.
8.03 Jurors.
8.04 Checkbook Journalism.
CHAPTER 9 ACCESS TO PUBLIC PLACES AND EVENTS
9.01 Prisons and Prisoners.
9.02 Executions.
9.03 Disaster, Accident and Crime Scenes.
9.04 Voters and Polling Places.
9.05 Military Operations.
CHAPTER 10 ACCESS TO THE EXECUTIVE AND LEGISLATIVE BRANCHES
10.01 Constitutional Overview.
10.02 Non-Statutory Access to Executive Events.
10.03 Non-Statutory Access to Legislative Proceedings.
10.04 Non-Statutory Access to Administrative Proceedings.
10.05 Statutory Access to Federal Government Meetings.
10.06 Statutory Access to Meetings of State and Local Government.
CHAPTER 11 ACCESS TO FEDERAL GOVERNMENT RECORDS
11.01 Introduction.
11.02 The Freedom of Information Act.
11.03 Access to Records Under the Federal Advisory Committee Act.
CHAPTER 12 ACCESS TO STATE GOVERNMENT RECORDS
12.01 Introduction.
12.02 Records.
12.03 Organizations.
12.04 Procedures.
12.05 Exemptions from Disclosure.
12.06 Segregation of Exempt Material.
12.07 Categories of Records.
12.08 Administrative Appeals.
12.09 Litigation.
CHAPTER 13 NEWSGATHERING LIABILITY
13.01 Introduction.
13.02 Common Sources of Newsgathering Liability.
13.03 Potentially Dispositive Non Constitutional Issues.
13.04 The First Amendment and Newsgathering Liability.
CHAPTER 14 NEWSGATHERING IN NONGOVERNMENTAL PLACES
14.01 Introduction.
14.02 Public Places.
14.03 Crime and Disaster Scenes.
14.04 Private Property.
14.05 Accompanying Authorized Individuals.
14.06 Consent: Special Issues.
CHAPTER 15 THE MEANS OF NEWSGATHERING
15.01 Introduction.
15.02 Misrepresentation and Impersonation.
15.03 Theft, Conversion, and Unlawfully Acquired Documents.
15.04 Other Criminal Liability.
15.05 Sources and Interview Subjects.
15.06 Stake Outs.
15.07 Communications in the Newsgathering Process.
15.08 Audio Recording.
15.09 Hidden Cameras.
15.10 Unauthorized Access to Computer Systems.
CHAPTER 16 EVOLUTION OF THE JOURNALISTS' PRIVILEGE
16.01 Introduction.
16.02 The Privilege at Early Common Law.
16.03 The Constitutional Privilege: The Early Cases.
16.04 Branzburg v. Hayes: The Consolidated Cases.
16.05 Branzburg v. Hayes.
16.06 Branzburg in the Supreme Court.
16.07 Branzburg in the Lower Courts.
16.08 The Journalist's Privilege Abroad.
CHAPTER 17 STATE SHIELD LAWS AND FEDERAL CODIFICATIONS
17.01 Introduction.
17.02 State Shield Laws.
17.03 Federal Codifications.
CHAPTER 18 THE CONSTITUTIONAL AND COMMON LAW PRIVILEGES
18.01 Introduction.
18.02 The Constitutional Privilege.
18.03 Common Law Privilege.
APPENDIX A -- FEDERAL STATUTES
Freedom of Information Act, Government in The Sunshine Act, Federal Wiretap Act, Privacy Protection Act of 1980
APPENDIX B -- STATE STATUTES
PART ONE: NEWSPAPER SHIELD LAWS
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota , Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee
PART TWO: WIRETAP AND EAVESDROPPING LAWS
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia , Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa , Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont , Virginia , Washington , West Virginia, Wisconsin, Wyoming
INDEX
Dienes, C. Thomas
C. Thomas Dienes is the Lyle T. Alverson Professor of Law at George Washington University Law School and has authored or co-authored nine books and numerous articles on constitutional and communications law. Professor Dienes has provided counsel to Atlantic Monthly and Fast Company magazines. He is a former General Counsel and legal consultant to U.S. News and World Report. He is a co-author of Constitutional Law: Principles and Policy, Cases and Materials (LexisNexis 6th ed. 2002).
Levine, Lee
Lee Levine is a founding partner of Levine Sullivan Koch & Schulz, L.L.P. and an adjunct professor at the Georgetown University Law Center. Mr. Levine is a past Chair of the American Bar Association's Forum on Communications Law. In the United States Supreme Court, Mr. Levine argued Harte-Hanks Communications, Inc. v. Connaughton on behalf of the newspaper defendant, and Bartnicki v. Vopper on behalf of the media defendants. He has litigated in the courts of more than 20 states and the District of Columbia and has appeared in most federal courts of appeal. He has testified before committees of both houses of Congress on reporter's shield legislation.
Lind, Robert C.
Robert C. Lind is the current Paul Treusch Professor at Southwestern University. He has been a member of the Southwestern University faculty since 1981, where he has developed entertainment, intellectual property, and media law courses, seminars and externships. Formerly Southwestern University's Irving D. and Florence Rosenberg Professor of Law, he is eagerly sought after as a speaker for national and local bar associations, the legal departments of motion picture studios and music publishers, and the news media. Professor Lind is a co-author of the annually supplemented Entertainment Law (LexisNexis 3d ed. 2003).
Berlin, Seth D.
Seth D. Berlin, is a partner of Levine Sullivan Koch & Schulz, L.L.P and has taught media law at the Philip Merrill College of Journalism at the University of Maryland. Mr. Berlin is a member of the Governing Committee of the American Bar Association's Forum on Communications Law and is the founder of the Media Advocacy Workshop, an annual training program for media lawyers. In November 2005, Mr. Berlin testified before the United States Senate Judiciary Committee on the issue of Cameras in the Courtroom.
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