First Amendment Kiss-Off** to Craigslist

A First Amendment kiss-off**  to Craigslist, which is resisting the demands of seventeen state attorneys general (but not including California’s Jerry Brown) that it shut down the website’s “adult services” section because, claim the AGs, it continues to promote prostitution and child-trafficking despite the site owners’ introduction of vetting (by lawyers, no less!) of sexually-oriented [...]

Courts give photographers scant protection in shooting accident scenes

Journalists should not assume they are free to take photos at accident scenes on public roads as indicated by a recent federal court ruling on a case in Guam. -db First Amendment Center August 30, 2010 By David L. Hudson Jr. If you travel to Guam, don’t take pictures of the police on public streets. [...]

Editorial: Federal appeals court slights First Amendment in protecting president

The Los Angeles Times says in an editorial that the 10th Circuit Court of Appeals failed to consider whether the event was open to the public or a private political event in ruling that a couple with a political message on a bumper sticker could be excluded from a George W. Bush town hall meeting. [...]

Gawker opens site to probe WikiLeaks

Citing Wikileaks secretive mode of operation, Gawker announced a new website, Wikileakileaks.org, to provide the public details of the organization’s operation. -db ValleyWag Commentary August 31, 2010 Secret-sharing website Wikileaks.org’s tagline is “We open governments.” But the organization itself is about as open as North Korea. That’s why we’ve launched Wikileakileaks.org: your source for Wikileaks-related [...]

Free speech: Federal court rules ex- police chef’s rights violated

The 10th Circuit Appeals Court ruled that the city manager in Laramie, Wyoming violated a police chief’s free speech rights since her motivation in firing him was to punish him for filing a defamation lawsuit. -db Courthouse News Service August 30, 2010 By Nick McCann (CN) – The city manager in Laramie, Wyo., violated a [...]

California: Lawsuit against Facebook alleges violation of law forbidding use of minor’s names and faces

A 1971 California law forbids publication of minors’ names and photos in ads without consent of parents, bringing into question Facebook’s use of the “like” button that turns minors into endorsers of brands or ads. -db Onlne Media Daily August 30, 2010 By Wendy Davis A new lawsuit against Facebook for allegedly violating a California [...]

Instruction in social media essential in journalism education

According to an online news pioneer, modern journalism students do not naturally see the social media as an important aspect of their professional repertoire. -db MediaShift August 30, 2010 By Alfred Hermida Social media is such a new phenomenon that it is easy for someone to claim to be an expert in the subject. A [...]

Copyright enforcement concern signs up second newspaper chain

Righthaven, a company that sues bloggers who repost news content without prermission, has expanded its operation to a second newspaper chain, the Arkansas-based WEHCO Media. -db Wired August 30, 2010 By David Kravets A Las Vegas company established to sue bloggers who clip news content is expanding its operations to a second newspaper chain. Righthaven [...]

Man with impeach Obama sign arrested at Alaska State Fair

Police arrested at man at the Alaska State Fair carrying a sign calling for the impeachment of President Barack Obama. The fair allows political messages if citizens rent a booth and follow vendor guidelines but forbid political activities in common areas. -db Anchorage Daily News August 28, 2010 By Kyle Hopkins Ten minutes of mayhem [...]

Minnesota: Federal court rules against city’s ban on billboard extensions

A federal court ruled that St. Paul’s ban on billboard extensions could not be enforced because the city offered no rational reasons for the ban. -db Courthouse News Service August 27, 2010 (CN) – A St. Paul ordinance barring signs from having protruding words or graphics is unenforceable, the 8th Circuit ruled, because the city [...]

Los Angeles County supervisors seek doctor peer review records

L.A. County supervisors are seeking doctors’ peer review documents to monitor patient safety and improve their ability to settle malpractice claims. -db Los Angeles Times August 28, 2010 By Molly Hennessy-Fiske In a fight that could have wide-ranging implications, Los Angeles County supervisors are pushing to see confidential medical records used by county doctors to evaluate [...]

Concerns arise about California Assembly bill to control paparazzi

The California Newspaper Publisher Association argues that a California Assembly bill aimed at limiting Hollywood paparazzi would hamper journalists and photojournalists in transit to emergency scenes or breaking news locations by criminalizing driving infractions. -db The California Newspaper Publisher Association Commentary August 27, 2010 Assembly Speaker Emeritus Karen Bass (D-Los Angeles) recently amended her bill [...]

Facebook criticized for censoring pot legalization ads

The Electronic Frontier Foundation is charging that Facebook is failing to uphold the First Amendment in banning content that some “overseers” find objectionable. -db Electronic Frontier Foundation Commentary August 26, 2010 By Richard Esguerra Facebook is facing down another embarrassing episode of censorship this week after refusing to show ads submitted by the Just Say [...]

State Department analyst indicted for disclosing secrets about North Korea to Fox News

The Obama administration has taken an aggressive stance toward individuals leaking secret information to the media. -db The New York Times August 27, 2010 By Scott Shane WASHINGTON, D.C. — A federal grand jury in Washington has indicted a State Department analyst suspected of disclosing top-secret information about North Korea to Fox News, the third [...]

Sunnyvale: Family affair in school board race prompts concerns about open meeting violations

Three members from the Goldman family are running for the Fremont Union High School District board in a contest for three open seats as observers expressed some skepticism about whether, if all three are elected, they could successfully observe California’s open meeting law and avoid discussing school district business around the breakfast table. -db San [...]

Driver’s union claims transit authority violated California open meeting law

A San Bernardino County teamster’s union has charged the Mountain Area Regional Transit Authority with failing to convene in open session before adjourning to closed session, a violation of the state’s open meeting law, the Brown Act. -db Big Bear Grizzly August 27, 2010 By Arrissa Owen Turner Mountain Area Regional Transit Authority violated the Ralph [...]

A&A: Mayor up for reelection wants to stifle public comment on candidates

Q: The mayor who is running for reelection is currently advancing a policy revision to stifle the public comments during City Council meetings of anyone who is speaking to a ballot initiative or on a candidate. Recently the mayor discussed the changes she’s proposing in an interview with a local newspaper and mentioned email communication [...]

A&A: Have been denied access to my own “Physician’s Notice of Birth”

Q: I am requesting a certified copy of the commonly referred to “Physician’s Notice of Birth” (PNOB) issued by the attending physician of the birth. The town where I was born has my birth certificate on record, but neither the city records office nor the hospital where I was born  claim to have access to [...]

A&A: School Board Trustees meeting with union reps in violation of Brown Act

Q: It’s come to my attention that three of the five members on the School Board meet privately with representatives of the teacher’s union to discuss items on the agenda for the upcoming board meeting. There are no public notices for these meetings. My feeling is that the board members will find a way around [...]

A&A: We’ve requested items added to agenda and been denied. Can they do that?

Q: Several property owners within a Community Services District have been denied items to be placed on the agenda for consideration. Can they continue to do this ? A: The Brown Act itself does not mandate procedures for placing items on an agenda (though it does say that “a member of a legislative body, or [...]

A 1st Amendment Kiss** to the LA Times for coverage of LA schools that empowers parents to hold bureaucrats and politicians accountable

A big First Amendment Kiss** to the Los Angeles Times and reporters Jason Felch, Jason Song and Doug Smith for their recent stories about LA public schools. The Times applied statistical analysis to seven years of student test scores in order to measure teachers’ effectiveness in math and English instruction. Using an outside consultant to [...]

Judge to EPA: Stop destroying records Union Pacific wants

A federal judge ordered the Environmental Protection Agency yesterday to stop destroying records Union Pacific requested about lead contamination in Omaha. An expert was appointed to make sure the agency complies. August 27, 2010 By The Associated Press OMAHA, Neb. —The judge’s order resolved several issues the railroad and EPA couldn’t agree on when discussing [...]

Judge refuses to stop Missouri law on sexual businesses

Missouri’s wide-ranging limitations on sexual businesses will take effect Saturday after a state judge on Friday denied a request from a coalition of sexual store owners and erotic dancers to temporarily block the new law. The Associated Press August 27, 2010 By David E. Lieb JEFFERSON CITY, Mo. — The nudity must stop at Missouri [...]

Journalist banned by Pentagon gets First Amendment Award

Carol Rosenberg, The Miami Herald reporter banned by the Pentagon earlier this year from covering military commissions at Guantanamo Bay, Cuba, has been awarded the Society of Professional Journalists’ First Amendment Award for her efforts to cover the detention center there despite “consistent hostility in covering her beat.” August 27, 2010 By MacClatchy Newspapers Rosenberg [...]

Sotomayor: Free speech vs. security likely to come before Court

Supreme Court Justice Sonia Sotomayor said yesterday that the nation’s high court likely would be asked again to weigh issues of national security versus free speech because of the recently leaked classified war documents posted on the WikiLeaks website. August 27, 2010 By The Associated Press DENVER — Sotomayor told high school and college students [...]

FCC asks 2nd Circuit to review fleeting-expletives ruling

Federal regulators are appealing a recent court decision that struck down a 2004 government policy that says broadcasters can be fined for allowing even a single curse word on live television. August 27, 2010 By The Associated Press WASHINGTON —A three-judge panel of the 2nd U.S. Circuit Court of Appeals in New York threw out [...]

NFL cheerleader wins $11 million libel suit

A gossip website has been hit with an $11 million judgment for libel and slander after posting false accusations about a northern Kentucky teacher who sidelines as a Cincinnati Bengals cheerleader. August 26, 2010 By The Associated Press  LOUISVILLE, Ky. —The judgment against Dirty World Entertainment Recordings, which runs the site Thedirt.com, came yesterday after [...]

Iran thought to ban reporting on opposition leaders

A letter from the Iranian government appearing on opposition web sites orders the media to refrain from reporting on two defeated presidential candidates, Mir Hussein Moussavi and Mehdi Karroubi, as well as former President Mohammad Khatami. -db The New York Times August 25, 2010 By William Yong and Robert F. Worth TEHRAN — In a [...]

A&A: Is the list of employees taking voluntary buyouts a public document?

Q: I am a reporter covering the public district hospital. I want to know if a list of 74 employees who accepted voluntary buyouts is a public document. I requested this list from the hospital’s PR person, and she said she would provide it only on condition that I promise not to publish the names. [...]

Southern California: Fontana school board president justifies silencing citizens during public comments

The Fontana Unified School District board president said he stopped citizens from talking during public comment period because according to California Education Code Section 7054, citizens could not discuss district issues at school board meetings to promote ballot measures or political candidates. -db Fontana Herald News August 26, 2010 By Alejandro Cano It has happened [...]

A&A: Is there a law about distributing fliers near a courthouse?

Q: Is there any caselaw or information I can refer to regarding display of a sign, placard, or passing out fliers in the parking lot of a municipal courthouse? Would I have to keep a certain distance from the courthouse doors to stay within the law? A: As a starting point, you may want to [...]

WikiLeaks unveils CIA report on U.S. as an ‘exporter of terrorism’

The CIA has downplayed WikiLeaks’ latest release, a secret CIA analysis showing the extent of U.S. presence as an exporter of terrorism. -db Washington Post August 26, 2010 By Ellen Nakashima The United States has long been an exporter of terrorism, according to a secret CIA analysis released Wednesday by the Web site WikiLeaks. And [...]

Blackberry dispute: Reporters Without Borders worried national security a pretext to censorship

Reporters Without Borders is concerned that in asking BlackBerry to provide access codes to governments, it will allow them to shut down free expression. -db MediaShift Commentary August 26, 2010 By Clothilde Le Coz Next week will be decisive for BlackBerry corporate users. BlackBerry maker Research In Motion (RIM) could provide a solution to help [...]

EFF offers help to defendants in copyright lawsuits

The Electronic Frontier Foundation has offered to help bloggers caught in Righthaven’s copyright infringement web. -db Electronic Frontier Foundation Commentary August 25, 2010 By Eva Galperin The Electronic Frontier Foundation is seeking to assist defendants in the Righthaven copyright troll lawsuits. Righthaven, founded in March of 2010, files hundreds of copyright infringement lawsuits on behalf [...]

Open records dispute: Judge orders university to release contract with Palin

A Superior Court judge has ordered California State University of Stanislaus to comply with public records laws and release a speakers contract with Sarah Palin. -db San Francisco Chronicle August 26, 2010 By Nanette Asimov California State University at Stanislaus violated public records laws and will have to release the speakers contract with Sarah Palin [...]

Tulare County: Editorial says judge’s ruling blow to open meetings

On the heels of a Superior Court judge’s decision to dismiss a lawsuit alleging Brown Act violations by the county Board of Supervisors, the Visalia Times-Delta argues that the judge should have recognized the overriding importance of the public’s right to know how elected officials conduct public business. -db Visalia Times-Delta Editorial August 26, 2010 [...]

Attorneys general pressure Craigslist to remove adult service ad section

Attorneys general in seventeen states have asked Craigslist to disband its adult services section on its website since it cannot block illegal ads on the site promoting prostitution and child trafficking. -db San Francisco Chronicle August 25, 2010 By Everton Bailey Jr. HARTFORD, Conn. (AP) – San Francisco-based Craigslist should remove its adult services section [...]

A&A: The mayor refused to let me make a public comment without identifying myself

Q: Before filing a Brown Act violation against the mayor for denying me the opportunity to speak on an item before the city council because I refused to identify myself before making a public comment.  I would like to get an opinion from your organization on my complaint and the city’s response. A: You are [...]

Mayor Defends Mosque near Ground Zero

Mayor Michael Bloomberg delivered an impassioned speech on religious freedom at a Ramadan dinner at Gracie Mansion Tuesday night, declaring there’s “nowhere in the five boroughs of New York City that is off limits to any religion.” August 25, 2010 The Wall Street Journal By Michael Howard Saul Mr. Bloomberg, speaking at an annual Iftar [...]

Facebook Fights Privacy Concerns

The launch of Facebook Inc.’s Places location service this week sparked new privacy concerns about the popular social network. But the company’s efforts to mollify critics before the launch stemmed some of the blowback. August 25, 2010 The Wall Street Journal By Geoffrey A. Fowler Places is a feature that lets users share their physical [...]

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