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Media Law Project (CMLP) is a new organization aimed at providing legal training and resources for individuals and organizations involved in citizen media.
Some of the things we are working on include:
CMLP Urges First Circuit to Safeguard First Amendment Rights in Case Involving Cellphone Camera Recording of Police Officers
Cambridge, MA - The Citizen Media Law Project ("CMLP") submitted an amicus curiae brief (PDF) last week to the United States Court of Appeals for the First Circuit in a case involving a lawyer who was arrested for using his cellphone camera to record on-duty police officers on Boston Common. Joined by a broad amicus coalition that included Dow Jones & Company, Inc., GateHouse Media, Inc., Globe Newspaper Company, Inc., The Massachusetts Newspaper Publishers Association, Metro Corp., NBC Universal, Inc., New England Newspaper and Press Association, Inc., The New York Times Company, Newspapers of New England, Inc., the Online News Association, and the Reporters Committee for Freedom of the Press, CMLP urged the court to affirm the First Amendment right to gather news in public places. CMLP filed the brief in the case, Glik v. Cunniffe, which stems from an incident that occurred on the Boston Common in October 2007. Plaintiff Simon Glik witnessed police arresting a man in the park. Glik recorded the arrest using his phone's video camera and was arrested for violating the Commonwealth's Wiretap Statute (Mass. Gen. Laws ch. 272, 99), which prohibits the "secret interception of wire and oral communications. The charges were eventually dismissed, and Glik sued the officers and the City of Boston. A lower court denied a motion to dismiss Gliks complaint, and the First Circuit is now considering the officers' appeal of that ruling. Amici argued in the brief that the Wiretap Statute cannot be applied to criminalize recordings where the subjects of those recordings do not reasonably expect their communications to be private. Allowing the arrest of a citizen for recording public officers conducting public business in a public place would not further the purpose of the Statute -- protecting the privacy interests of Massachusetts citizens -- and would run afoul of the First Amendment which protects the right to record public events and gather news and information. "Unless the Wiretap Statute is applied only in cases where reasonable privacy interests are at stake," said CMLP's Executive Director David Ardia, "the law may be used to chill socially valuable newsgathering and watchdog activities and suppress the distribution of important information." The Citizen Media Law Project was assisted by Harvard Law Schools Cyberlaw Clinic in drafting the brief, and Cyberlaw Clinic students Davis Doherty, David Kleban, Brandon Winston, and Elizabeth Winokur made significant contributions to the brief. "It was a privilege to work with CMLP on an issue of such immediate import," said Clinic student Brandon Winston. "In this era of the cameraphone, it is more important than ever that all citizens' First Amendment rights be protected." The CMLP and the Cyberlaw Clinic are both based at Harvard Universitys Berkman Center for Internet & Society, an organization dedicated to studying the development of cyberspace.
Berkman Centers Online Media Legal Network Partners with Investigative News Network
Cambridge, MA The Berkman Centers Online Media Legal Network (OMLN) announced today that it is collaborating with the Investigative News Network (INN) to help INN member organizations find pro bono and low-cost legal help. Based at Harvard Universitys Berkman Center for Internet & Society, OMLN is a legal assistance and referral service made up of law firms, law school clinics, in-house counsel, and individual lawyers throughout the United States willing to provide free and reduced-fee legal assistance to qualifying independent journalists and journalism ventures. The networks 100+ law firms and law school clinics comprise nearly 7,000 lawyers with expertise in media law, intellectual property law, and business advising. INN was founded in July 2009 at a conference in Pocantico, N.Y. to bring together the strengths of a growing number of nonprofit news organizations, including The Center for Public Integrity, the Center for Investigative Reporting, the Investigative Reporting Workshop at American University, and others. INN pools resources among its 51 nonprofit members, widens distribution of their work, works on sustainable business models, and fosters the highest quality investigative journalism. "Investigative and public service journalism is under threat, not just from declining revenue streams but also from government and other powerful institutions that use the law to avoid public accountability," said David Ardia, Director of the Online Media Legal Network. He added, "The OMLN is dedicated to leveling the playing field and to helping independent journalists and journalism organizations find the legal assistance they need to thrive. I can't think of a more important partner for our work than INN, whose members are engaged in some of the most exciting and innovative forms of accountability journalism today. OMLN is operated by lawyers with extensive backgrounds in law and journalism. Their intake attorneys will help INN's nonprofit member organizations identify existing legal needs, anticipate future legal issues, and match them with a participating attorney in their area. The assistance provided covers a wide range of legal support including copyright licensing and fair use, freelancer agreements, access to government information, website terms of service, pre-publication review of content, and representation in litigation. "We are very pleased to work with the OMLN to help address the ongoing legal needs of our member organizations," said Kevin Davis, CEO & Executive Director of the Investigative News Network. "By working closely together with resources like the OMLN, INN is helping provide our nonprofit, nonpartisan membership organizations with necessary resources to produce sustainable, high quality accountability journalism."
Both INN and OMLN are supported by generous grants from the John S. and James L. Knight Foundation and the Open Society Foundations.
Berkman Center Opportunity: Fellow/Assistant Director of the Digital Media Law Project
Are you a lawyer interested in dealing with emerging legal issues related to law, journalism, and new media on the Internet? The Berkman Center for Internet & Society at Harvard Law School is seeking an Assistant Project Director/Program Fellow commencing in early 2011 to assist with the Berkman Centers Digital Media Law Project (formerly the Citizen Media Law Project). We are accepting applications on a rolling basis until the position is filled, and applications for this fellowship opportunity must be submitted through the Harvard Human Resources website at: https://sjobs.brassring.com/1033/asp/tg/cim_jobdetail.asp?jobId=762654&P.... The official HR language is below, followed by additional context and information. Questions about the position should be directed to David Ardia (dardia [at] cyber.law.harvard.edu). Berkman Center Program Fellow/Assistant Project Director, Digital Media Law Project
Responsibilities
Reports to the Director of the Berkman Centers Digital Media Law Project and works in conjunction with the Director of the Cyberlaw Clinic. The Digital Media Law Project (DMLP) works to ensure that individuals and organizations involved in online journalism and digital media have access to the legal resources, education, and help that they need to thrive. The DMLP, which began operations as the Citizen Media Law Project in May 2007, focuses its work on three broad areas: legal education and training; litigation and pro bonolegal services; and the collection and analysis of legal threats facing online speakers and publishers. For more information on the DMLP, visit: http://www.DMLP.org/. The Fellows primary substantive responsibilities will be to assist with the operation and expansion of the projects Online Media Legal Network, a legal referral network comprised of law school clinics, in-house legal counsel, and individual lawyers across the United States who provide free and low-cost legal assistance to online journalism ventures and other digital media creators. Through collaboration with lawyers and law students in Harvard Law Schools Cyberlaw Clinic, the Fellow may provide legal assistance to individuals and organizations that operate online and digital media ventures. Particular emphasis will be placed on recognizing the complex interactions between the business, technological, and legal aspects of clients needs. The Fellow also may assist in the supervision and mentoring of clinical students working on transactional, litigation, and counseling projects. The Fellow also may have the opportunity to engage in oral and written advocacy on behalf of clients, including opportunities to draftamicus briefs in cases involving significant First Amendment, intellectual property, and media law issues. The Fellow will have many opportunities to expand his/her knowledge of technology and law, including frequent interactions with other fellows at the Berkman Center and throughout Harvard University. The position is a great opportunity for experienced media, IP, or business law practitioners who want to serve the public interest, transition to academic pursuits, or simply work in an intellectually invigorating environment. While this position is full-time, the Fellow will have the opportunity to spend a limited amount of time pursuing his/her own related academic research interests and will be provided a computer work station, Internet access, and access to Harvards extensive library system. This is a term position for one year; continuation is contingent on business needs and project funding. We seek someone to join the team as soon as possible, and will begin reviewing candidates immediately.
Basic Qualifications
Juris Doctor degree with admission to and active status in at least one state bar and eligibility for admission on motion to the Massachusetts bar. A minimum of 3 years legal-practice experience with significant Internet, intellectual property, or media law background is required.
Additional Qualifications
Previous experience advising clients on non-profit formation or operation is advantageous.
Candidates should be energetic and passionate about working on journalism, online speech, intellectual property, and cyberlaw issues. Top academic credentials, superior writing and verbal skills, sound judgment, exceptional ethical standards, and proven abilities in interpersonal communication, supervision, and team building are required. Additional Information The Berkman Center for Internet & Society at Harvard University is a research program founded to explore cyberspace, share in its study, and help pioneer its development. Founded in 1997, through a generous gift from Jack N. and Lillian R. Berkman, the Center is home to an ever-growing community of faculty, fellows, staff, and affiliates working on projects that span the broad range of intersections between cyberspace, technology, and society. More information can be found at http://cyber.law.harvard.edu. Commitment to Diversity The work and well-being of the Berkman Center for Internet & Society at Harvard University are strengthened profoundly by the diversity of our network and our differences in background, culture, experience, national origin, religion, sexual orientation, and much more. We actively seek and welcome applications from people of color, women, the LGBTQ community, and persons with disabilities, as well as applications from researchers and practitioners from across the spectrum of disciplines and methods. The roots of this deep commitment are many and, appropriately, diverse. We are not nearly far enough along in this regard, and we may never be. It is a constant process in which there remains much to learn. We welcome your inquiries, comments and ideas on how we may continue to improve. What is the Berkman Center for Internet & Society? The Berkman Center for Internet & Society is a research center founded at Harvard Law School in 1997. Now a university-wide center, it serves as the locus for a network of Harvard and other faculty, students, fellows, lawyers, entrepreneurs, and others working to identify and engage with the challenges and opportunities presented by the Internet. The Center is devoted to research and teaching on issues at the intersection of emerging technologies, law, public policy, industry, and education and to the development of dynamic approaches and rigorous scholarship that can affect and support the public interest. The Berkman Center has been at the forefront of efforts to study and facilitate online expression, including, among other initiatives: publishing Media Re:public, a series of papers exploring the potential and the challenges of the emerging networked digital media environment; launching Global Voices Online, a nonprofit that aggregates and disseminates the views expressed in blogs throughout the world; and hosting the Blogging, Journalism, and Credibility Conference, which brought together professional journalists, bloggers, news executives, media scholars, and lawyers to study the emerging media environment on the Internet.
What does the Digital Media Law Project do? The Digital Media Law Project (DMLP) works to ensure that individuals and organizations involved in online journalism and digital media have access to the legal resources, education, and help that they need to thrive. The DMLP, which began operations as the Citizen Media Law Project in May 2007, focuses its work on three broad areas: legal education and training; litigation and pro bono legal services; and the collection and analysis of legal threats facing online speakers and publishers. The DMLP endeavors to serve as a catalyst for creative thinking about the intersection of law and journalism on the Internet. Through the projects website, www.DMLP.org, the active engagement of lawyers and scholars, and occasional sponsored conferences, project staff are working to build a community of lawyers, academics, and others who are interested in supporting innovative journalism ventures and protecting the legal rights of those engaged in speech on the Internet. A central aim of the DMLP is to provide practical knowledge and legal assistance for online media. This includes providing pro bonolegal assistance to new journalism ventures and other independent online publishers on a diverse range of topics, including business formation and governance, copyright licensing and fair use, employment and freelancer agreements, pre-publication review of content, and representation in litigation. In January 2010, DMLP launched a pro bono legal referral network called the Online Media Legal Network comprised of law school clinics, in-house legal counsel, and individual lawyers across the United States who provide free and low-cost legal assistance to online journalism ventures and other digital media creators. DMLP also has filed and participated in amicus curiae (friend of the court) briefs in cases raising important First Amendment and intellectual property issues, including:
Maxon v. Ottawa Publ'g Co., No. 2008-MR-125 (Ill. App. Ct. Mar. 24, 2009). We submitted a brief urging an Illinois appellate court to protect the rights of anonymous Internet speakers by imposing important procedural safeguards before ordering disclosure of their identities. Barnes v. Yahoo! Inc., No. 05-36189 (9th Cir. May 21, 2009). We joined Public Citizen, the Center for Democracy and Technology, and the Electronic Frontier Foundation in asking the court to amend its opinion to omit dicta indicating that Section 230 of the Communications Decency Act cannot be raised on a motion to dismiss, as well as to clarify that Section 230 applies to federal as well as state law claims. The Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc., No. 2009-0262 (N.H. June 22, 2009). We joined forces with the Reporters Committee for Freedom of the Press to submit a brief urging the New Hampshire Supreme Court to defend the First Amendment
rights of a website that covers news about the mortgage industry and to apply New Hampshire's qualified reporter's privilege to online news publishers.
Fustolo v. Hollander, No. SJC-10485 (Mass. Oct. 1, 2009). We joined the ACLU of Massachusetts and the Lawyers' Committee for Civil Rights Under Law of the Boston Bar Association in submitting a brief arguing that the Massachusetts anti-SLAPP statute applies to all parties who engage in petitioning activities, including members of the news media and paid staff of advocacy organizations. Wright Development Group LLC v. Walsh, No. 08-2783 (Ill. Mar. 3, 2010). We submitted a brief to the Illinois Supreme Court urging the court to reject two lower courts narrow interpretations of the states Anti-SLAPP statute, known as the Citizen Participation Act. Barclays Capital Inc. v. Theflyonthewall.com, Inc., 10-1372-CV (2d Cir. June 21, 2010). We joined EFF and Public Citizen to submit a brief to the Second Circuit Court of Appeals urging the court to apply First Amendment scrutiny to the hot news misappropriation doctrine.
What will the Assistant Director do? The Assistant Director will report to the Director of the DMLP and will supervise and mentor the projects staff attorneys and student interns. The Assistant Directors primary substantive responsibility will be to assist with the operation and expansion of the projects Online Media Legal Network. The Assistant Director may provide legal assistance, in collaboration with lawyers and law students in Harvard Law Schools Cyberlaw Clinic, to individuals and organizations that operate online and digital media ventures. Particular emphasis will be placed on recognizing the complex interactions between the business, technological, and legal aspects of clients needs. The Assistant Director also may assist in the supervision and mentoring of clinical students working on transactional, litigation, and counseling projects. The Assistant Director may have the opportunity to engage in oral and written advocacy on behalf of clients, including opportunities to draft amicus briefs in cases involving significant First Amendment, intellectual property, and media law issues. The Assistant Director will have many opportunities to expand his/her knowledge of technology and law, including frequent interactions with other fellows at the Berkman Center and throughout Harvard University. The position is a great opportunity for experienced media, IP, or business law practitioners who want to serve the public interest, transition to academic pursuits, or simply work in an intellectually invigorating environment. While this position is full-time, the Assistant Director will have the opportunity to spend a limited amount of time pursuing his/her own related academic research interests and will be provided access to Harvards extensive library system. This is a fellowship position for one year. Continuation is contingent on business needs and project funding. What qualifications are necessary? Candidates must have a Juris Doctor degree with admission to and active status in at least one state bar and eligibility for admission on motion to the Massachusetts bar. A minimum of 3 years legal-practice experience with significant Internet, intellectual property, or media law background is required. Previous experience advising clients on non-profit formation or operation is advantageous. Candidates should be energetic and passionate about working on journalism, online speech, intellectual property, and cyberlaw issues. Top academic credentials, superior writing and verbal skills, sound judgment, exceptional ethical standards, and proven abilities in interpersonal communication, supervision, and team building are required. How to get more information or apply? Applications and questions should be submitted as soon as possible. To apply, submit your CV or resume, cover letter summarizing your interest and key experience, and the names of three references through Harvards recruitment site (ID: 22744) by going to this link.
Blog
Federal Courts Discuss Smartphone Policies
Posted April 1st, 2011 by Eric P. Robinson The U.S. Judicial Conference, which helps set policy for federal circuit (appeals) and district (trial) courts, has issued a memo, first reported by Wired's "Threat Level" blog, that is meant to help individual courts set policies on when and how smartphones and similar devices can be brought into and used in courthouses and in courtrooms. The memo outlines some of the issues that arise with smartphones and other electronic devices in courthouses, and informally surveys various federal courts'
existing policies regarding smartphones. The survey found that 41 of the 94 district courts allow anyone to bring the devices into their courthouses, often with some restrictions on their use. Of these 41 courts, nearly a third prohibit the public from bringing the devices in the courtroom, while the remaining two-thirds require that devices be kept off or in silent mode without the judge's permission. Forty-eight district courts ban devices, except for those possessed by judges, court personnel, and probation and pretrial officers, or with the express permission of a judge. Other courts ban only certain devices, such as devices that include cameras. In both types of situations, courts either check and store the devices or else simply bar individuals from entering with such a device. Five district courts, according to the survey, had no stated policy on the issue on their websites. read more
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CMLP and Cyberlaw Clinic Ask Supreme Judicial Court to Affirm Public Right of Access to Inquest Records
Posted March 28th, 2011 by David Ardia With the help of Harvard Law School's Cyberlaw Clinic, the Citizen Media Law Project and a coalition of New England media and advocacy organizations submitted an amicus curiaebrief last week to the Massachusetts Supreme Judicial Court, seeking to ensure a public right of access to inquest materials that will allow journalists, bloggers, and other news gatherers to inform citizens on matters of public concern. The case involves Amy Bishop, the professor of neuroscience at the University of Alabama who allegedly shot and killed three of her colleagues during a faculty meeting on February 12, 2010. During their investigation of these events, Alabama authorities noted that, in 1986, Massachusetts police had investigated Bishop's involvement in the fatal shooting of her brother, Seth Bishop, and had deemed the shooting accidental. The shooting in Huntsville sparked a new inquiry into Seth Bishop's death, and in February 2010, the Norfolk District Attorney initiated an "inquest," which is an investigative, fact-gathering procedure. Mass. G.L. c. 38, 8. On June 16, 2010, a grand jury in Massachusetts indicted Amy Bishop for first-degree murder. Given the widespread public interest in the case, The Boston Globe filed a motion seeking to inspect the inquest transcript and report. The Superior Court denied the motion and ordered that the inquest materials remain impounded. Harvard's Cyberlaw Clinic drafted the brief and we were joined by Community Newspaper Holdings, Inc., GateHouse Media, Inc., Massachusetts Newspaper Publishers Association, Metro Corp. d/b/a Boston Magazine and the New England Newspaper and Press Association, Inc. The brief states: read more
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Media Bloggers Assn Files Amicus Brief in Righthaven Case, Blasts Business Model Behind Lawsuits
Posted February 24th, 2011 by David Ardia Yesterday, the Media Bloggers Association filed an amicus brief in Righthaven LLC v. Hyatt, urging a federal judge in Nevada to award only minimal damages and no attorney's fees to Righthaven against a blogger who failed to appear in the case and is facing a default judgment. We've covered a number of Righthaven lawsuits in our legal threats database, but this case now has a spicy twist. On October 6, 2010, Righthaven sued Bill Hyatt, who operates a blog called "News for Everyone" (appears to be shutdown), for copyright infringement, claiming that he had copied a Las Vegas Review-Journal entertainment column titled "FX's Manly Man Shows Hold Outsider Appeal." After Hyatt didn't respond to the lawsuit, Righthaven filed a motion for default judgment, asking the court to award it control of the domain name for Hyatt's website, $150,000 in damages, and $1,850 in legal fees and costs. read more
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CMLP and Cyberlaw Clinic Urge First Circuit to Affirm First Amendment Right to Make Cellphone Recording of Police
Posted February 11th, 2011 by David Ardia With the help of Harvard Law School's Cyberlaw Clinic, the Citizen Media Law Project and a coalition of media and advocacy organizations submitted an amicus curiae brief last week to the United States Court of Appeals for the First Circuit in a case involving a lawyer who was arrested for using his cellphone camera to record on-duty police officers. Joined by a broad amicus coalition that included Dow Jones & Company, Inc., GateHouse Media, Inc., Globe Newspaper Company, Inc., The Massachusetts Newspaper Publishers Association, Metro Corp., NBC Universal, Inc., New England Newspaper and Press Association, Inc., The New York Times Company, Newspapers of New England, Inc., the Online News Association, and the Reporters Committee for Freedom of the Press, CMLP urged the court to affirm the First Amendment right to gather news in public places. read more
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Online Media Legal Network Announces Partnership with Investigative News Network
Posted February 9th, 2011 by CMLP Staff We are pleased to announce that the Online Media Legal Network (OMLN) is partnering with the Investigative News Network (INN) to help INN member organizations find pro bono and low-cost legal help. We are honored to join forces with INN, whose members are engaged in some of the most exciting and innovative forms of accountability journalism today. From the press release: The Berkman Center's Online Media Legal Network (OMLN) announced today that it is collaborating with the Investigative News Network (INN) to help INN member organizations find pro bono and low-cost legal help. Based at Harvard University's Berkman Center for Internet & Society, OMLN is a legal assistance and referral service made up of law firms, law school clinics, in-house counsel, and individual lawyers throughout the United States willing to provide free and reduced-fee legal assistance to qualifying independent journalists and journalism ventures. The network's 100+ law firms and law school clinics comprise nearly 7,000 lawyers with expertise in media law, intellectual property law, and business advising. read more
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Trademarks: Why Registering Your Design or Logo May Not Protect You
Posted January 25th, 2011 by Andrew Mirsky What are the differences between special form (stylized, design, logo) trademarks and standard character (word) trademarks? The 2 basic trademark types are these: (1) special form trademarks and (2) standard character trademarks. A special form trademark that consists of stylized words, letters, numbers and/or a design element such as a logo. A standard character trademark consists only of words, letters, or numbers, with no stylization, color or design element.
The issue comes up this way: A company or an individual wants to trademark a brand or company name. So far so good. The first question is does this individual or company have a particular design or logo for its name? If not, then the only type of trademark registration available is a character or word mark. If a design or logo is in the mix, then the question is whether or not that design or logo has any value to the company. Obviously examples are the Nike swoosh and the Coca-Cola script logo. These are good examples of designs or logos that separate from the names of the companies themselves have distinct trademark value for their owners. Here are 3 situations where a logo may have no particular immediate value to the company, and therefore no particular trademark value:(1) There is nothing unique about the design or logo. Technically, a stylized trademark includes anything beyond just the name itself. But a rendering of the name in italics or a particular color or in a common geographic box or any of these things without more would not typically be the subject of trademark because theres nothing unique about the design. read more
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The Office of Fair Trading, the British equivalent of the United States Federal Trade Commission, has determined that the hiring of bloggers and other social media contributors to promote particular products without adequate disclosure of the relationship may violate U.K. consumer protection laws. Handpicked Media Ltd (Handpicked Media), Case Ref. CRE-E-25932 (OFT Dec. 13, 2010). This is the first time these laws have been applied online. This is similar to the stance that the FTC has taken in a 2009 update to its "Guides Concerning the Use of Endorsements and Testimonials in Advertising," which includes disclosure requirements for similar arrangements. I and others have written extensivelyabout the guides and their application. "The OFT was concerned that individuals engaged by Handpicked Media were publishing online content which promoted the activities of Handpicked Media's clients, without sufficient disclosures in place to make it clearly identifiable to consumers that the promotions had been paid for. This included publication on website blogs and microblogs (forexample Twitter)," the British agency wrote in its ruling. "As a result of its investigation, the OFT formed the view that Handpicked Media may be operating in breach of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs)." read more
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the quantity and quality of eligible papers submitted. The Berkman Center and JSEL reserve the right, in their sole discretion, to decide that no papers will be presented at the Rethink Music symposium and/or published in JSEL. The Berkman Center may contact authors of papers not selected for publication or presentation at the symposium regarding publication via another medium e.g., online, via the Berkman Center website. EVALUATION CRITERIA Each policy proposal submission will be evaluated based on, inter alia, the extent to which it meets the following criteria:
Each submission should explain the state of existing United States law in the area that is the subject of the proposal. Each submission should identify problems and/or concerns with existing law in that area and the ways in which that law promotes or fails to promote the interests of various relevant stakeholders, including but not limited to creators and consumers of music. Each submission should recommend a specific and discrete change or set of changes of existing law (e.g., a legislative amendment or modification of an existing regulatory framework). Each submission should explain how the change will impact various stakeholders, including but not limited to creators and consumers of music.
Each submission should offer commentary of the feasibility of such proposal, including strategic concerns relating to securing support for the proposal and the mechanics surrounding its implementation. Particular consideration will be given to the author's ability to make a compelling case for the policy proposal advanced, including the ways in which that proposal would positively impact various stakeholders. The feasibility of the proposal, the as well as the quality of the written product, will also be weighed heavily in evaluating the policy proposal submissions. ELIGIBILITY Submissions will be accepted from scholars and students (with a focus on legal scholars and law students) and/or others. Only unpublished papers will be considered, although papers may be posted on SSRN, ECGI, or similar working paper series. Authors must be available to participate in the "Rethink Music" symposium in April 2011. DEADLINE Submissions must be received by January 24, 2011 (UPDATE: Extended until February 7, 2011). Authors will be notified of the results of the competition in or around late-February or early-March 2011. The "Rethink Music" symposium will take place in Boston and Cambridge in April 2011. SUBMISSION GUIDELINES Submissions should adhere to the guidelines set forth for Comments and Notes on the submissions page at the JSEL website: http://harvardjsel.com/submissions/. Each submission and any accompanying materials should be sent to JSEL as set forth in the JSEL submission guidelines, with a clear indication that the submission responds to the Rethink Music Call for Papers. A copy of each submission and any accompanying materials should be sent to the Berkman Center for Internet & Society atrethink@cyber.law.harvard.edu.
you are a party to the conversation. Furthermore, if you are not a party to the conversation, a "one-party consent" law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded. In addition to federal law, thirty-eight states and the District of Columbia have adopted "one-party consent" laws and permit individuals to record phone calls and conversations to which they are a party or when one party to the communication consents. See the State Law: Recording section of this legal guide for information on state wiretapping laws. When must you get permission from everyone involved before recording? Twelve states require the consent of every party to a phone call or conversation in order to make the recording lawful. These "two-party consent" laws have been adopted in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Although they are referred to as "two-party consent" laws, consent must be obtained from every party to a phone call or conversation if it involves more than two people. See the State Law: Recording section of this legal guide for information on state wiretapping laws. Can you record a phone call or conversation when you do not have consent from one of the parties? Regardless of whether state or federal law governs the situation, it is almost always illegal to record a phone call or private conversation to which you are not a party, do not have consent from at least one party, and could not naturally overhear. In addition, federal and many state laws do not permit you to surreptitiously place a bug or recording device on a person or telephone, in a home, office or restaurant to secretly record a conversation between two people who have not consented. Federal law and most state statutes also make disclosing the contents of an illegally intercepted telephone call illegal. See the section on Risks Associated with Publication in this guide for more information.
For state-specific information about using recording equipment in public meetings, see theState Law: Recording section. Court Hearings The law regarding the use of audio and video recording devices in court hearings varies a great deal based on the state. In Chandler v. Florida, 449 U.S. 560 (1981), the U.S. Supreme Court held that the federal Constitution does not prohibit states from allowing cameras in the courtroom and that states may adopt their own rules permitting such recording equipment. Note that this ruling does not require states to allow recording in the courtroom, it only says that states may choose to do so. Since this ruling, all fifty states have adopted rules on the topic, but the rules vary widely. In some states, cameras and recording equipment are permitted in trial and appellate court proceedings, while in others recording is only allowed in appellate court proceedings. Most states give the court discretion to impose reasonable restrictions on the use of cameras and recording equipment in order to maintain the integrity of its proceedings and to otherwise serve the interests of justice. For state-specific information about recording in courtrooms, see the State Law: Recordingsection. The federal appellate courts may adopt their own rules regarding cameras and recording equipment in the courtroom. At the time of writing, only the Second Circuit and the Ninth Circuit Courts of Appeals allow recording equipment.
For information on your right of access to court proceedings, please consult the Access to Government Information section of the guide.
California Recording Law District of Columbia Recording Law Florida Recording Law Georgia Recording Law Illinois Recording Law Indiana Recording Law Massachusetts Recording Law Michigan Recording Law New Jersey Recording Law New York Recording Law North Carolina Recording Law Ohio Recording Law Pennsylvania Recording Law Texas Recording Law
DC Wiretapping Law
The District of Columbia's wiretapping law is a "one-party consent" law. DC makes it a crime to record a phone call or conversation unless one party to the conversation consents. SeeD.C. Code 23-542 (link is to the entire DC code; you need to click through to Title 23, Chapter 5, Subchapter III, and then choose the specific provision). Thus, if you operate in DC, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties. In addition to subjecting you to criminal prosecution, violating the DC wiretapping law can expose you to a civil lawsuit for damages by an injured party. Consult The Reporters Committee for Freedom of the Press's Can We Tape?: District of Columbiafor more information on DC wiretapping law.
In the Georgia Supreme Court, recording, photographing, and broadcasting is allowed without prior approval unless it "distracts from the dignity of the proceeding." The Supreme Court retains the authority to "limit, restrict, prohibit, and terminate the photographing, recording, and broadcasting of any judicial session." Limitations are imposed on the number of cameras and photographers allowed in the courtroom at any given time. Federal courts in Georgia, both at the trial and appellate level, prohibit recording devices and cameras in the courtroom. For information on your right of access to court proceedings, please consult the Access to Government Information section of the guide. Public Meetings Georgia law expressly provides that "[v]isual, sound, and visual and sound recording during open meetings shall be permitted." Ga. Code 50-14-1 (link is to the entire code; you need to click through to Title 50, Chapter 14, and then choose the specific provision). For information on your right of access to public meetings, please consult the Access to Government Information section of the guide and The Reporters Committee for Freedom of the Press's Open Government Guide: Georgia.
shooting footage of the protest when police ordered him to stop and then arrested him for continuing to operate the camera while hiding it in his coat. As part of the sentencing, the court ordered thedefendant to remove the footage from the Internet. From this case, it is clear that you can violate the statute by secretly recording, even when you are in a public place. In addition to subjecting you to criminal prosecution, violating the Massachusetts wiretapping law can expose you to a civil lawsuit for damages by an injured party. Consult The Reporters Committee for Freedom of the Press's Can We Tape?: Massachusetts for more information on Massachusetts wiretapping law.
In addition to subjecting you to criminal prosecution, violating these provisions can expose you to a civil lawsuit for money damages by an injured party. Consult the Reporters Committee for Freedom of the Press's Can We Tape?: Michigan for more information on Michigan wiretapping law.
Court Hearings Michigan law generally allows sound and video recording of state court proceedings, but you must request permission from the presiding judge at least three business days beforehand. The court has discretion to terminate or prohibit recording if it determines that it would be in the interests of justice. For instance, the court may exclude recordings of particularly sensitive witnesses or testimony involving confidential business information. Federal courts in Michigan, at both the trial and appellate level, prohibit recording devices and cameras in the courtroom. For information on your right of access to court proceedings, please consult the Access to Government Information section of this guide. Public Meetings When you attend a public meeting (i.e., a meeting of a governmental body required to be open to the public by law), Michigan law gives you the right to make video and sound recordings of the meeting and to broadcast live. The exercise of this right is not dependent on prior approval by the public body, but the public body may establish reasonable rules and regulations to avoid disruption of meetings. Mich. Comp. Laws 15.263(1). For information on your right of access to public meetings, please consult the Access to Government Information section of this guide and the Reporters Committee for Freedom of the Press's Open Government Guide: Michigan.
Public Meetings New Jersey law allows sound and video recording devices in public meetings (i.e., meetings of a governmental body required to be open to the public by law), subject to reasonable restrictions, such as advance notice, that generally track those imposed in state courtrooms (above). For information on your right of access to public meetings, please consult the Access to Government Information section of the guide and the Reporters Committee for Freedom of the Press's Open Government Guide: New Jersey.
conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties. In addition to subjecting you to criminal prosecution, violating the North Carolina wiretapping law can expose you to a civil lawsuit for damages by an injured party. N.C. Gen. Stat. 15A-296. Consult the Reporters Committee for Freedom of the Press's Can We Tape?: North Carolina for more information on North Carolina wiretapping law.
Court Hearings Ohio state courts generally allow the use of recording devices, but impose a number of important restrictions. Most importantly, witnesses and victims of crimes have a right to object to recording in state trial courts. If a witness or victim objects, the court will prohibit recording. In addition, you must get the consent of the presiding judge in advance, and the judge may impose limits on the number of recording devices in the courtroom at any given time. Courts may also establish their own local rules regarding recording devices. Federal courts in Ohio, at both the trial and appellate level, prohibit recording devices and cameras in the courtroom. For information on your right of access to court proceedings, please consult the Access to Government Information section of the guide. Public Meetings While the Ohio open records law does not specifically state whether you can use recording devices at a public meeting (i.e., a meeting of a governmental body required to be open to the public by law), the Ohio Attorney General has an issued an opinion stating that using them is permissible when it does not unduly interfere with the meeting. As a matter of practice, recording devices apparently are common in Ohio public meetings. For information on your right of access to public meetings, please consult the Access to Government Information section of the guide and the Reporters Committee for Freedom of the Press's Open Government Guide: Ohio.
Recording devices are allowed in public meetings (i.e., meetings of a governmental body required to be open to the public by law) in Pennsylvania. Governmental bodies may adopt their own rules to maintain order at their meetings, but those rules may not include flat prohibitions on recording. For information on your right of access to public meetings, please consult the Access to Government Information section of the guide and the Reporters Committee for Freedom of the Press's Open Government Guide: Pennsylvania.
The language of this consent provision suggests that it probably does not apply to an employee of an online publication or a non-professional journalist who is not employed by a media outlet on a full-time, part-time, or contractual basis. This limitation may be of little importance, however, because Washington courts have held -- in a non-media context -- that a person will be deemed to have consented to having his or her communication recorded when he or she conveys a message knowing that it will be recorded. See In re Marriage of Farr, 940 P.2d 679 (Wash. App. 1997) (speaker consented when leaving a message on a telephone answering machine, the only function of which is to record messages); Townsend, 57 P.3d at 260 (person sending email consented to its recording because he "had to understand that computers are, among other things, a message recording device and that his e-mail messages would be recorded on the computer of the person to whom the message was sent"). In addition to subjecting you to criminal prosecution, violating the wiretapping law can expose you to a civil lawsuit for damages by an injured party. See Wash. Rev. Code 9.73.060. Consult the Reporters Committee for Freedom of the Press's Can We Tape?: Washington for more information on Washington wiretapping law.
Elements of Conversion: You should be aware that you generally are not permitted to take or even borrow other people's property without their permission. If you intentionally remove someone's property from their possession or deprive them of the use of that property for a substantial amount of time, you could be held liable for what is known as conversion. Receiving Documents and Information from Government Sources: If you receive classified documents or other information relating to national security from a government source, you may subject yourself to criminal liability under a complex array of federal espionage-related laws. Practical Tips for Acquiring Documents and Other Property: Check here for some practical tips for minimizing your risk of a lawsuit or criminal prosecution when acquiring documents and other property for newsgathering purposes.
Elements of Conversion
Elements of Conversion
Receiving Documents and Information from Government Sources Practical Tips for Acquiring Documents and Other Property
Conversion is a tort that exposes you to liability for damages in a civil lawsuit. It applies when someone intentionally interferes with personal property belonging to another person. To make out a conversion claim, a plaintiff must establish four elements:
First, that the plaintiff owns or has the right to possess the personal property in question at the time of the interference; Second, that the defendant intentionally interfered with the plaintiff's personal property (sometimes also described as exercising "dominion and control" over it); Third, that the the interference deprived the plaintiff of possession or use of the personal property in question; and Fourth, that the interference caused damages to the plaintiff.
The most direct and obvious way to commit conversion is by taking personal property that belongs to someone else without permission. For example, if you take a framed photograph from the wall of a local restaurant or a document from someone's desk, you may be held liable for conversion, assuming you retain the property for a substantial period of time and thereby interfere with the rightful owner's use and possession of it. It does not matter whether you intend to publish the information, photos, or other content. However, if you remove paperwork or photographs from someone's office or home temporarily in order to copy the information -- intending to return the documents to the owner -- you might not be liable for conversion because this temporary interference does not necessarily deprive the rightful owner of the possession or use of the property. See Harper & Row Pubs. v. Nation Enters., 723 F.2d 195, 201 (2nd Cir. 1983) ("Conversion requires not merely temporary interference with property rights, but the exercise of unauthorized dominion and control to the complete exclusion of the rightful possessor."). You should be aware that taking property from someone can also expose you to criminal liability under state laws. You can also commit conversion by receiving and retaining property from someone who does not have the right to give the property away. This issue could come up when you receive documents from sources. For example, if a bank employee gives you checking account records for bank customers, you may both be liable for conversion because the employee likely does not have permission from his or her employer to turn over a customer's records. But the legal analysis is not that simple, and whether or not you could be held liable for conversion under these circumstances depends on whether the records you receive are originals or copies. As a rule of thumb, you can generally receive and retain copies of documents that belong to someone else, but you may not receive and retain the originals of such documents. The reason is that "the possession of copies of documents -- as opposed to the documents themselves -- does not amount to an interference with the owner's property sufficient to constitute conversion."FMC Corp. v. Capital Cities/ABC, Inc., 915 F.2d 300, 303 (7th Cir. 1990). However, you may be held liable for conversion for receiving and retaining copies if the rightful owner no longer has either originals or copies of the documents in question. Even if you are held liable for conversion and must return the documents in question, you generally are entitled under the First Amendment to retain copies of the documents for yourself and to disseminate any information contained in them. See id. at 304-05. If you receive classified documents or other information relating to national security from a government employee, you may subject yourself to criminal liability under federal espionage-related laws. See the section on Receiving Documents and Information from Government Sources for details.
communications. The federal district court hearing the case held in 2006 that the prosecution did not violate the First Amendment to the U.S. Constitution. United States v. Rosen, 445 F. Supp.2d 602 (E.D. Va. 2006). While the Department of Justice did not prosecute any members of the press in the AIPAC case, prosecutors could conceivably apply the same laws to journalists who receive sensitive government information through leaks from government insiders. This prospect is especially worrisome given the government's longstanding practice of making use of "controlled leaks" to get desired information out to the public. Besides 18 U.S.C. 793, other federal criminal statutes could apply to the receipt and publishing of sensitive government information from government insiders, including 18 U.S.C. 794 (relating to dissemination of national defense information to an agent of a foreign government), 18 U.S.C. 798 (relating to the dissemination of classified information about U.S. intelligence activities), the Atomic Energy Act (relating to the dissemination of information relating to nuclear weapons), the Intelligence Identities Protection Act of 1982 (relating to identification of intelligence agents),and 18 U.S.C. 649 (relating to the theft and receipt of government records and "thing[s] of value"). All of these statutes, including the Espionage Act, require the government to prove some level of bad intent on the part of thedefendant. The government has not previously prosecuted journalists under these provisions, but there is some cause for concern in the future as online publishing blurs the line between journalism and more suspect (at least from the government's point of view) forms of information sharing.
Before you take possession of any documents or other personal property, you should get the express permission of the owner of that property or the person who has the right to possess it. Take the time to figure out who this actually is. Even if you only plan on borrowing documents for a short period of time in order to make copies (which you may be legally entitled to do), it is safer and more ethical to get permission first. Remember that personal property includes tangible items (e.g., photographs, papers, and computers) and intangible items (e.g., domain names and confidential business information). When you receive documents from a source, ask the source whether they are originals or copies. If they are originals, make copies and ask the source to return the originals. If they are copies, you might want to make duplicates of them, in case they are the only extant versions. If you receive a demand for the return of documents received from a source, you should consider making copies of the documents in question and returning the ones you received. Act with caution when dealing with a source who is a present or former government employee or someone with special access to sensitive government information. Be aware that, while it has not happened yet, the federal criminal laws are potentially broad enough to punish you for receipt and dissemination of this kind of information.
Live-Blogging and Tweeting from Court - a guide to covering court proceedings using real-time communication technologies such as Twitter, live-blogging, and streaming. Various court rules may affect your ability to provide real-time coverage of court proceedings. These pages provide practical advice on how to avoid legal trouble if you intend to provide live coverage from inside the courthouse, including interviews with journalists and bloggers who have navigated these waters.
Documenting Activities at Polling Places - an examination of the laws that impact voters' ability to document their own voting experiences through video and still photography, as well as their ability to carry out other newsgathering functions, such as interviewing other voters outside of polling places. Note that access polling places and the use of photography and video equipment is largely dictated by state law and varies significantly from place to place.
Documenting the 2009 Presidential Inauguration - a primer on attending and documenting the 2009 Presidential Inauguration in Washington, DC. Heightened security measures will be in place across the Washington area that will affect where you can go, what you can bring with you, and what you can do to document the Inauguration. The primer also includes information on requesting official press credentials.
Live-Blogging and Tweeting from Court Documenting Your Vote Documenting the 2009 Presidential Inauguration
instance, the local rules might say that the general public cannot bring a computer or cellphone into the courthouse without the permission of a judge. Or, the rules might provide that electronic devices may not be used inside a courtroom without permission, but may be used in the hallways outside the courtrooms. Many variations exist. 3. Check the court's standing orders, free-standing electronic device policies, and the judge's individual preferences. Courthouse-wide standing orders and electronic device policies will be located on the courthouse's website, and an individual judge's standing orders and preferences will be on a page dedicated to that judge. These materials may provide additional information not addressed in the local rules, such as special limitations on the use of electronic devices in a particular judge's courtroom or information on how to get permission to use a device. For an example, see United States District Court for District of New Jersey Standing Orders. 4. If the local rules or standing orders do not include any information concerning the use of electronic devices, look for information on whom to contact with questions, and whether the court has a specific procedure for obtaining journalist credentials. 5. If you're confused about how the rules apply to live-blogging or tweeting, or about press credentials, try contacting the court's Public Information Officer (or "PIO"). The PIO generally responds to media inquiries and processes credential requests. You can find contact information for many court PIO's at the Conference of Court Public Information Officers website. 6. Lastly, try contacting the judge and/or the judge's staff. We say lastly only because the judge is generally very busy and often does not deal with media requests directly. As a result, your request may be overlooked, or you may anger the judge. Successful live-bloggers have told us that, unless you have an established relationship with a particular judge, you will have better success bringing the request to a bailiff, PIO, or other member of the judge's staff who can then bring the matter to the judge's attention. Additional Tips When Asking for Permission 1. Give the judge or PIO a good reason to approve your request. Successful requests for permission have generally focused on:
The nature and public benefit of blogging or tweeting; The public interest in the case; The reporter's professional experience or credentials; and An explanation of how the technology works.
2. Use your connections. Many of those bloggers and reporters who have previously obtained permission to live-blog a trial already had an established relationship with the judge, bailiff, or PIO. A friendly ear goes a long way. The Media Bloggers Association (MBA) has been advocating for the admittance of bloggers in courtrooms since 2004 and has established relationships with PIOs across the country. The MBA may be able to use its connections to help bloggers who have had trouble bringing their requests to the attention of a PIO or judge. You can contact the MBAfor more information. 3. Search online to see if anyone else has live-blogged a trial in the courthouse in question or before the judge in question. If so, try contacting that blogger/journalist to learn what steps he or she took. Below is a list of some judges that have previously allowed live-blogging in their courtrooms. [Note: the fact that these judges have allowed live-blogging in the past does not guarantee that they will allow it in the future]:
California: Superior Court of California, County of Alameda, Judge Larry Goodman (coverage) Colorado: Colorado State Judcial Branch, 20th District, Boulder County, Judge Lael Montgomery (coverage) Florida: United States District Court for the Southern District of Florida, Chief Judge Federico Moreno (coverage) Iowa: United States District Court for the Northern District of Iowa, Judge Mark Bennett (coverage) Kansas: United States District Court for the District of Kansas, Judge Thomas Marten (coverage) Michigan: Ottawa County, 20th Circuit Court, Chief Judge Edward Post (coverage) Pennsylvania: United States District Court for the Eastern District of Pennsylvania, Judge Ronald Buckwalter (coverage) Washington, DC: United States District Court for the District of Columbia, Judge Reggie Walton (coverage) Massachusetts: United States District Court for the District of Massachusetts, Judge Nancy Gertner (coverage)
4. Remember to conduct yourself in a professional and respectful manner. An overly aggressive request may not be given priority, especially in a busy courthouse. 5. Finally, where you have not been expressly forbidden from bringing a computer or phone into the courthouse, you may consider just showing up the day of the trial with your computer or smart phone and letting the chips fall where they may, but recognize that this approach may anger the judge, and could even result in confiscation of the electronic device or fines. Use your judgment, be cautious, and certainly do not ignore a judge's decision or a court rule directly on point. To make the process of getting permission more concrete for you, we've created a page featuring input we received from bloggers and journalists about their experiences live-blogging or tweeting from court proceedings. See Live-Blogging and Tweeting from Court: Experiences From the Field.
A Note About Federal Criminal Proceedings: In United States v. Shelnutt, 4:09-cr.-14 (M.D. Ga. Nov. 2, 2009), a federal district court in Georgia ruled that Rule 53 of the Federal Rules of Criminal Procedure prohibits tweeting from criminal proceedings in federal court and that Rule 53 does not unconstitutionally restrict the freedom of the press under the First Amendment to the U.S. Constitution. Rule 53 provides: Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom. The court interpreted "broadcasting" in Rule 53 to include "sending electronic messages from a courtroom that contemporaneously describe the trial proceedings and are instantaneously available for public viewing." This district court opinion has no precedential effect on other courts, and it remains to be seen whether other federal courts will adopt this interpretation of Rule 53. Regardless of how influential the Shelnutt case ends up being, Rule 53 only applies to criminal proceedings, and it only applies in federalas opposed to statecourts.
Judge Michael Davis, who presided over the trial, clearly indicated the use of electronic devices within the courtroom was prohibited. Sheffner said a notice was posted directly outside the courtroom reiterating the prohibition. According to Sheffner, at one point during the trial, court room security officers caught an attorney, who was also observing the proceedings, using his BlackBerry in the courtroom. The security officers informed Judge Davis, who called the attorney to the well and publicly reprimanded him. Based on the rules and clear notice, Sheffner did not ask for permission to tweet or blog from the courtroom during the trial. Instead, Sheffner tweeted via BlackBerry from the hallway outside the courtroom and made use of a media room on another floor that had Internet access and desks for use by journalists. In the United States District Court for the District of Massachusetts, Sheffner had a much different experience during the Tenenbaum trial. The District of Massachusetts' policy regarding electronic devices prohibits electronic devices in the courthouse except for attorneys and credentialed journalists. Sheffner noted that although he already qualified under the exception as a member of the California bar, he also acquired a Media Identification Card from the court's Administrative Office several weeks prior to the trial. The requirements for the Media Identification card included a short application form and two letters of reference from media organizations for which he had freelanced. Based on his previous work for Slate and Ars Technica, he did not have any difficulty obtaining press credentials. Sheffner cautioned, however, that it was not clear whether the court officials would grant credentials to individual bloggers, amateur journalists, or others who are not affiliated with established media organizations. Also, Sheffner noted that presiding District Judge Nancy Gertner announced early in the trial that the use of laptops and cellular devices in the courtroom was permissible and he did not need to ask for further permission. Although the use of electronic devices was authorized during the Tenenbaum trial, and he was able to take notes on his laptop, Sheffner encountered a number of non-legal, practical problems when attempting to tweet the Tenenbaum trial. Sheffner explained that the courthouse had overall weak cellular reception and he was unable to actually send updates from his BlackBerry within the courtroom; nor was there wireless Internet service available in the courthouse. On the final day of the trial, Sheffner discovered that there was a wired ethernet jack available in the area where the trial attorneys were sitting. Sheffner was able to tweet by laptop after extending a cable into the jack from the spectators' gallery and paying for Internet access, but he noted it was very inconvenient and was not sure whether he would have had access to the ethernet jack during the substantive portions of the trial, when it was needed by the attorneys. Sheffner's account of the Thomas-Rasset trial can be found on Copyrights & Campaigns, and his coverage of the Tenenbaum trial appears on Ars Technica. Henry Lee, San Francisco Chronicle Henry Lee, a staff writer for the San Francisco Chronicle, tells us the Superior Court of California, Alameda County, has a policy that prohibits laptops and cellular devices, such as BlackBerries, in the courtrooms. In the past, Lee had covered trials with paper notes by hand in the courtroom and took breaks or waited for the court to recess until typing his notes on a computer. While covering the Hans Reiser murder trial, Lee and a group of reporters approached Judge Larry Goodman and requested permission to use laptops and smart phones while covering the trial. According to Lee, Judge Goodman is very media friendly and permitted the request without any additional restrictions even though the request was not made before the trial began. Judge Goodman also allowed the sentencing to be filmed by a camera crew. The court bailiffs were notified of the accommodation due to its unusual character. Lee also noted that, in his experience, the courts have not made any distinctions between members of the public or members of the press when it comes to the use of electronic devices during proceedings. Lees account of the trial can be found on the San Francisco Chronicles website.
inside polling places. In these states, you should respect the law and refrain from doing any recording or photographing inside. In other states, the election laws are not clear regarding the use of personal photographic and video equipment. At the bottom of this page we've created a chart summarizing the law and on our State Law: Documenting Your Vote page you will find additional information and links to resources to help you determine where your state falls on this issue. If are unsure as to what is permitted, contact your local election officials or ask a poll worker. 2. Be Discreet Even if you are permitted to take photographs or video inside, you should be discreet and sensitive to the concerns of poll workers and other voters. The smaller your equipment is, the better. You are more likely to get permission, and less likely to intimidate other voters, if you use a cell phone camera, rather than a bulky on-the-shoulder video camera or a fancy SLR with a huge telephoto lens. It will also help if you stick to documenting your own experience rather than documenting the activities of others. In addition, dont linger inside the polling place after youve cast your vote. Do your civic duty and then proceed out of the building in an orderly fashion. 3. Dont Interfere With Voters or Disrupt the Process Keep in mind that all states prohibit activities that interfere with the voting process or intimidate voters, and poll workers and other voters might see your photographing or videotaping as disruptive or intimidating. You should never photograph or film someone elses ballot or get too close to other voters with your camera. If a voter objects, stop filming that person immediately. Dont try to interview other voters inside the polling place and avoid any appearance of trying to solicit or influence someone elses vote. Leave your buttons, stickers, hats, and other party paraphernalia at home. 4. Respect the Buffer Zone Outside You can do more outside of polling places. Still, there are some things to keep in mind. Many states have restricted buffer zones, typically 100 feet outside the entrance to the polling place. In these zones, you generally cant loiter, interfere with voters, block the entrance, or engage in any campaigning activity. Although many state laws do not specifically mention filming in these zones, its probably safer to shoot outside of the buffer zone, unless youve confirmed that your state law allows it. These buffer zones may be marked off with signs or a chalk line. Or you may be able to determine where the line is by looking for where other people are engaging in electioneering activity freely, or where members of the traditional media or exit pollsters are set up. Outside the buffer zone, you can film freely, use a larger camera, and interview voters. You should still be courteous to others and make every effort not to interfere with anyones ability to get to the polls. When interviewing a voter, first get the voter's permission. If possible, get written permission or record verbal permission on video. Explain to the voter what you intend to do with the video (such as uploading it to the Internet) and get their permission to use their name and likeness for that purpose. To help you better understand these guidelines, we've created this short video:
State Resources
For specific resources for your state, including a list of election laws, websites, and contact information for election officials in all 50 states and the District of Columbia, see our State Law: Documenting Your Vote page or select one of the links below to go directly to that state's relevant information. (Note: this chart is a work-in-progress. If you have additional information on this topic, please contact us.)
State
State Law Doesn't Expressly Prohibit All Recording Inside Polling Place * see below X X
? X X ? X X X
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 X X X X
X X X
? X ? X X X X X X ? X X X X X
X X X
X X X X X X X X X X
X X ? ? X X X X X X X
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 X X X
X X X X
X X X X X
X X X X X X X X X X X X X X X X X X X X X X X X ?
* Nearly all states prohibit conduct that intimidates voters, interferes with their exercise of the right to vote, or disrupts the voting process. Election officials may take the view that photography or videography runs afoul of these laws.
** "Public display of own marked ballot" refers to the practice of photographing or filming one's own vote at the time of voting and afterwards displaying the image on a publicly accessible platform like the Internet. Streaming live video of your own marked ballot may create legal problems in additional states. "?" means the law is unclear. Keep in mind that states have these laws to prevent vote buying and coercion, so you should be cautious of publicly posting your ballot.
Maryland
New Jersey
Massachusetts New Mexico Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New York
North Carolina Texas North Dakota Ohio Oklahoma Oregon Pennsylvania Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
Alabama
Contact Information: o Alabama Secretary of State- Elections Website o Telephone number: (334) 242-7210 o Toll free number: 800-274-8683
Relevant Law:
o o o o
Ala. Code 17-9-50 - Proximity of persons to polling place Ala. Code 17-17-17 - Loitering about polling place; standing in line of voters after having voted Ala. Code 17-17-33 - Obstruction, intimidation, etc., of voting rights of others Ala. Code 17-17-43 - Disturbing elector on election day
Alaska
Contact Information: o Alaska Division of Elections o Telephone number: (907) 465-4611 o Toll free:(866) 952-8683
Relevant Law:
o o o o
Alaska Stat. 15.15.290 - Prohibiting the identification of ballots Alaska Stat. 15.56.030 - Unlawful interference with voting Alaska Stat. 15.56.060 - Unlawful interference with an election Link to Alaska Statutes, Title 15 - Elections
Arizona
Contact Information: o Arizona Secretary of State- Elections Website o Telephone number: (602) 542-8683 o Toll Free: (800) 458-5842
Relevant Law:
o o o
Ariz. Rev. Stat. 16-515 - "Seventy-five foot limit" notices; posting; violation; classification Ariz. Rev. Stat. 16-1017 - Unlawful acts by voters with respect to voting; classification Ariz. Rev. Stat. 16-1018 - Additional unlawful acts by voteres with respect to voting; classification
Other Resources:
Arkansas
o o
Relevant Law:
o o o o o o
Ark. Code 7-1-103 - Miscellaneous misdemeanor offenses Ark. Code 7-1-104 - Miscellaneous felonies Ark. Code 7-5-309 - Voting procedure Ark. Code 7-5-310 - Privacy -- Assistance to disabled voters Ark. Code 7-5-521 - Arrangement of polling place Link to Arkansas Code
California
Contact Information: o California Secretary of State- Elections Website o Telephone number: (916) 657-2166 o Toll free number: (800) 345-VOTE
Relevant Law:
o o o o o o o
Cal. Const. Art. II, 7 - Voting shall be secret Cal. Elec. Code 18502 - Interference with voters Cal. Elec. Code 18540 - Intimidation prohibited Cal. Elec. Code 18541 - Actions prohibited within 100 feet of polling place Cal. Elec. Code 14221 - Persons allowed within voting booth area Cal. Elec. Code 14224 - Limiting time within voting booth Cal. Elec. Code 14291 - Revealing content of ballot
Other Resources:
o o o
Memo of Cathy Mitchell to County Clerks/Registrars of Voters re Cameras At Polling Places (Oct. 20, 2008) Memo of John Mott-Smith to County Clerks/Registrars of Voters re Cameras or Videotaping at Polling Places (Oct. 27, 2004) California: Documenting Your Vote
Colorado
Contact Information: o Colorado Secretary of State- Elections Division o Telephone number: (303)894-2200 o E-mail: sos.elections@sos.state.co.us
Relevant Law:
o o o o
Colo. Rev. Stat. 1-13-711 - Interference with voter while voting Colo. Rev. Stat. 1-13-712 - Disclosing or identifying vote Colo. Rev. Stat. 1-13-713 - Intimidation Link to Colorado Revised Statutes (click on "Colorado Revised Statues," then "Title 1: Elections," then "Art. 13")
Other Resources:
Connecticut
Contact Information: o Connecticut Secretary of the State- Elections and Voting o Telephone number: (860)509-6100 o Toll free: (800)540-3764 o E-mail: lead@po.state.ct.us
Relevant Law:
o o o o
Conn. Gen. Stat. 9-236 - Activities prohibited in and near polling place Conn. Gen. Stat. 9-359 - Absentee ballots (voter cannot execute an absentee ballot "for the purpose of informing any other person how he votes") Conn. Gen. Stat. 9-364 - Influencing elector to refrain from voting Conn. Gen. Stat. 9-366 - Interference with electors in voting
Delaware
Contact Information: o Commissioner of Elections for the State of Delaware o Telephone number: (302) 739-4277 o E-mail: coe_vote@state.de.us
Relevant Law:
o o o
Del. Code tit. 15, 4933(b) - Persons permitted in the voting room Del. Code tit. 15, 5117 - Unauthorized entering of voting room; penalties Del. Code tit. 15 5161-5162 - Intimidation of election officers and electors
District of Columbia
Contact Information: o District of Columbia Board of Elections and Ethics o Telephone number: (202) 727-2525 o Toll free number: (866) DC-VOTES
Relevant Law:
o o o o o o
D.C. Code 1-1001.09 - Secrecy required D.C. Code 1-1001.12 - Interference with registration and voting Link to the D.C. Code D.C. Mun. Regs., tit. 3, ch. 7, 708 - Control of activity at Polling and Counting Places D.C. Mun. Regs., tit. 3, ch. 7, 711 - Voting Booth D.C. Mun. Regs., tit. 3, ch. 7 712 - Secrecy of the Ballot
Other Resources:
Florida
Contact Information:
o o o o
Florida Division of Elections Telephone number: (850) 245-6200 E-mail: DivElections@dos.state.fl.us Voter Assistance Hotline: (866) 308-6739
Relevant Law:
o o o o o o
Fla. Stat. 102.031 - Maintenance of good order at polls; authorities; persons allowed in polling rooms and early voting areas; unlawful solicitation of voters (Note: 102.031(5) expressly prohibits photography inside a polling room) Fla. Stat. 97.021(25), (26) - Definitions Fla. Stat. 101.51 - Electors to occupy booth alone Fla. Stat. 104.0515 - Voting rights; deprivation of, or interference with, prohibited; penalty Fla. Stat. 104.0615 - Voter intimidation or suppression prohibited; criminal penalties CBS Broad., Inc. v. Cobb, 470 F. Supp.2d 1365 (S.D. Fla. 2006)
Other Resources:
o o
Florida: Documenting Your Vote Florida Department of State, Division of Elections: Polling Place Procedures Manual
Georgia
Contact Information: o Georgia Secretary of State- Elections Division o Telephone number: (404) 656-2871
Relevant Law:
o o o
Ga. Code 21-2-413 Conduct of voters, campaigners, and others at polling places generally (Note: 21-2-413(e) specifically prohibits the use of photographic or cellular devices while "within the enclosed space in a polling place.") Ga. Code 21-2-414 - Restrictions on campaign activities and public opinion polling within the vicinity of a polling place; cellular phone use prohibited in voting booth Ga. Code 21-2-568 - Entry into voting compartment or booth while another voting; interfering with elector; inducing elector to reveal or revealing elector's vote without their consent
Other Resources:
o o
AJC.com: Can't 'Video Your Vote' in Georgia GPB News: Voting officials warn against 'Video Your Vote'
Hawaii
Contact Information: o Hawaii Office of Elections o Telephone number: (808) 453-VOTE o Neighbor Isle Toll-Free Number: (800) 442-VOTE o E-mail: elections@hawaii.gov
Relevant Law:
Idaho
Contact Information: o Idaho Secretary of State- Elections Website o Telephone number: (208) 334-2852
Relevant Law:
o o o
Idaho Code 18-2305 - Intimidation during elections Idaho Code 18-2313 - Interference with election Idaho Code 34-1110 - Officers not to divulge information
Illinois
Contact Information: o Illinois State Board of Elections o Springfield Office: (217) 782-4141 o Chicago Office: (312) 814-6440 o E-mail: webmaster@elections.il.gov
Relevant Law:
o o o
10 Ill. Comp. Stat. 5/29-4 - Intimidation of voter 10 Ill. Comp. Stat. 5/29-9 - Unlawful observation of voting 10 Ill. Comp. Stat. 5/17-29 - 100-foot zone (scroll down)
Indiana
Contact Information: o Indiana Secretary of State- Elections Division o Telephone number: (317) 232-3939 o E-mail: elections@iec.state.in.us
Relevant Law:
o o o o o o o o o o o o
Ind. Code 3-5-2-10 - Definition of "chute" Ind. Code 3-6-10 - Rules governing "watchers for the media" Ind. Code 3-11-8-15 - Persons permitted at polls during elections Ind. Code 3-11-8-16 - Only voters permitted near entrance to the polls Ind. Code 3-11-8-18 - Voters not to converse with any person except precinct election board member Ind. Code 3-11-11-9 - Voting to be private; rights of voter in casting vote Ind. Code 3-11-11-10.5 - Voting booth occupancy; time limits; refusal to leave Ind. Code 3-11-11-16 - Disclosure of ballot; record Ind. Code 3-11-11-17 - Voter to leave polls after voting Ind. Code 3-14-3-4 - Obstruction of, interference with, or injury of voter or election officer Ind. Code 3-14-3-15 - Unauthorized entries at polls Ind. Code 3-14-3-21.5 - Voter intimidation
Iowa
Contact Information: o Iowa Secretary of State- Voter/Elections Website o Telephone number: (515) 281-0145
Relevant Law:
o o o o o
Iowa Code 49.88 - Limitations on persons in booth and time for voting (Note: Subsection 1. prohibits the "use of cameras, cellular telephones, pagers, or other electronic communications devices in the voting booth") Iowa Code 39A.4 - Election misconduct in the third degree Iowa Code 39A.5 - Election misconduct in the fourth degree Iowa Code 49.84 - Marking and return of ballot Link to Iowa Code (type in section 39A)
Kansas
Contact Information: o Kansas Secretary of State- Elections & Legislative Matters o Telephone number: (785) 296-4561
Relevant Law:
o o
Kan. Stat. 25-2413 - Disorderly election conduct Kan. Stat. 25-2422 - Unauthorized voting disclosure
Kentucky
Contact Information: o Kentucky Secretary of State- Elections Branch o Telephone number: (502) 564-3490 o Kentucky State Board of Elections o Telephone number: (502) 573-7100 o Kentucky Voter Information Website
Relevant Law:
o o
Ky. Rev. Stat. 117.235 - Persons permitted in voting room Ky. Rev. Stat. 117.236 - Prohibition against recording identity of voters
Other Resources:
o o
Associated Press: Video your vote for YouTube? Not in Kentucky Secretary of State Trey Grayson's video on Kentucky election law
Louisiana
Contact Information: o Louisiana Secretary of State- Elections Division o Telephone number: (225) 922-0900
Relevant Law:
o o
La. Rev. Stat. 18:1461(9) - Election offenses La. Rev. Stat. 18:427 - Poll Watchers
Other Resources:
Office of the Louisiana Attorney General, Opinion No. 94-455, Usage of video camera by poll watcher on election day at polling precinct
Maine
Contact Information: o Maine Secretary of State- Elections Division o Telephone number: (207) 624-7736 o E-mail: cec.elections@maine.gov
Relevant Law:
o o o o
Me. Rev. Stat. tit. 21-A, 671 - Voting procedure Me. Rev. Stat. tit. 21-A, 674 - Violations and penalties Me. Rev. Stat. tit. 21-A, 681 - Positions at polling places Me. Rev. Stat. tit. 21-A, 682 - Political activities
Maryland
Contact Information: o Maryland State Board of Elections o Telephone number: (410) 269-2840 o Toll-free number: (800) 222-8683 o E-mail: info@elections.state.md.us
Relevant Law:
o o o o
Md. Code, Elec. Law 9-217 - Prohibited practices Md. Code, Elec. Law 10-303 - Authority and duties of election judges Md. Code, Election Law 10-308 - Individuals who have access to the voting room Md. Code, Election Law 16-204 - Prohibition on hindering or impeding the conduct of official electoral activities
Massachusetts
Contact Information: o Massachusetts Election Division o Telephone number: (617) 727-2828 o Toll-free number: (800) 462-VOTE o E-mail: elections@sec.state.ma.us
Relevant Law:
o o o
Mass. Gen. Laws ch. 56, 25 - Disclosing marked ballot Mass. Gen. Laws ch. 56, 29 - Unlawful interference with voter Mass. Gen. Laws ch. 54, 71 - Presiding officers; powers and duties
Other Resources:
Michigan
Contact Information: o Michigan Secretary of State- Elections o Michigan Voter Information Center o Telephone number: (517) 373-2540
Relevant Law:
o o
Mich. Comp. Laws 168.738(2) - Voting; ballots; folding; deposit in ballot box; rejection for exposure Mich. Comp. Laws 168.678 - Board of election inspectors; authority
Other Resources:
o o o
Michigan Secretary of State: Land reminds voters of camera ban Michigan Secretary of State: Election Inspector Training Manual February 2008(see page 52 for prohibition on voter use of video cameras, cameras, recording equipment, and cell phones in the polls) Michigan: Documenting Your Vote
Minnesota
Contact Information: o Minnesota Secretary of State- Election Center o Telephone number: (651) 215-1440 o Toll-free number: (877) 600-VOTE o E-mail: elections.dept@state.mn.us
Relevant Law:
o o o
Minn. Stat. 204C.06 - Conduct in and near polling places Minn. Stat. 204C.17 - Voting; Secrecy Minn. Stat. 204C.18 -Ballots; Secrecy
Other Resources:
Mississippi
Contact Information: o Mississippi Secretary of State- Elections Division o Elections Call Center: (601) 576-2550 o Elections Hotline: (800) 829-6786
Relevant Law:
o o o o o
Miss. Code 23-15-241 - Election bailiff to keep peace Miss. Code 23-15-245 - Duties of election bailiff; polls to be open and clear Miss. Code 23-15-551 - Marking and casting ballot; who may be present in polling room Miss. Code 23-15-555 - Penalty for unlawfully showing marked ballot Link to Mississippi Code (click on "Title 23, Elections," then "Chapter 15, Mississippi Election Code"; the provisions noted are in Articles 7 and 17)
Other Resources:
Office of the Attorney General of the State of Mississippi, Opinion No. 2008-00136, News Media in Polling Places
Missouri
Contact Information: o Missouri Secretary of State- Elections Division o Telephone number: (573) 751-2301 o Toll-free number: (800) NOW-VOTE o E-mail: elections@sos.mo.gov o Missouri Voting Rights Center
Relevant Law:
o o o
Mo. Rev. Stat. 115.409 - Who may be admitted to polling place Mo. Rev. Stat. 115.635 - Class three election offenses Mo. Rev. Stat. 115.637 - Class four election offenses (Note: Subsection (14) prohibits a voter from "allowing his ballot to be seen by any person with the intent of letting it be known how he is about to vote or has voted")
Montana
Contact Information: o Montana Secretary of State- Elections o Telephone number: (406) 444-4732 o Toll-Free Voter Hotline: (888) 884-VOTE o E-mail: soselections@mt.gov
Relevant Law:
o o o
Montana Code 13-13-122 - Preventing obstructions Montana Code 13-35-201 - Electors and ballots Montana Code 13-35-211(3) - Electioneering -- soliciting information from electors
Nebraska
Contact Information: o Nebraska Secretary of State- Elections o Telephone number:(402) 471-2555 o E-mail: ElectionsAssistant@sos.ne.gov
Relevant Law:
o o o o
Neb. Rev. Stat. 32-910 - Polling places; obstructions prohibited; restrictions on access Neb. Rev. Stat. 32-1523 - Obstruction of polling place or building; penalty Neb. Rev. Stat. 32-1525 - Polling and interviews; prohibited acts; penalty Neb. Rev. Stat. 32-1527(4) - Voting of ballots; prohibited acts; penalty
Nevada
Contact Information: o Nevada Secretary of State- Election Center o Telephone number: (775) 684-5705 o E-mail: nvelect@sos.nv.gov
Relevant Law:
o o o o
Nev. Rev. Stat. 293.274 - Members of general public allowed to observe conduct of voting at polling place; photographing or otherwise recording conduct of voting by members of general public prohibited Nev. Rev. Stat. 293.730 - Interfering with conduct of election; unauthorized delivery, receipt, identification, display or removal of ballot Nev. Rev. Stat. 293.740 - Soliciting votes and electioneering inside polling place or within certain distance from polling place prohibited; penalty Nev. Admin. Code 293.245 - Observation of conduct of voting at polling place
New Hampshire
Contact Information: o New Hampshire Secretary of State- Election Division o Telephone number: (603) 271-3242 o E-mail: Elections@sos.state.nh.us
Relevant Law: o N.H. Rev. Stat. 659:16 - Number of voters allowed within guardrail o N.H. Rev. Stat. 659:21 - Admittance within guardrail o N.H. Rev. Stat. 659:25 - Time allowed for voting o N.H. Rev. Stat. 659:26 - Voters not readmitted o N.H. Rev. Stat 659:35 - Showing or specially marking ballot o N.H. Rev. Stat. 659:37 - Interfering with voter o N.H. Rev. Stat. 659:40 - Bribing; intimidation; suppression
New Jersey
Contact Information: o New Jersey Division of Elections o Telephone number: (609) 292-3760 o Toll-Free Hotline: (877) NJVOTER o E-mail: njelections@lps.state.nj.us
Relevant Law:
o o o o o o
N.J. Stat. 19:15-8 - Persons allowed in polling places N.J. Stat. 19:15-26 - Ballots marked secretly in booth; no more than one voter in booth at a time; violation disorderly persons offense N.J. Stat. 19:32-48 - Removal of persons from polling places N.J. Stat. 19:34-6 - Prohibited actions in polling place on election day N.J. Stat. 19:34-7 - Violation of ballot regulations Link to New Jersey Statutes (choose Title 19, Elections)
Other Resources:
Attorney General's Directive On Exit Polling by Media and Non-Partisan Public Interest Groups
New Mexico
Contact Information: o New Mexico Secretary of State- Elections o Telephone number: (505) 827-3600 o Toll-free number: (800) 477-3632 o E-mail: Elections@state.nm.us
Relevant Law:
o o o o
N.M. Stat. 1-12-4 - Conduct of elections; maintenance of order N.M. Stat. 1-20-16 - Electioneering too close to the polling place N.M. Stat. 1-20-17 - Obstructing the polling place N.M. Stat. 1-20-20 - Disturbing the polling place
New York
Contact Information: o New York State Board of Elections o Telephone number: (518) 473-5086 and (518) 474-6220 o Toll-free number: (800) 367-8683
Relevant Law:
North Carolina
Contact Information: o North Carolina State Board of Elections o Telephone number: (919) 733-7173 o Toll-free number: (866) 522-4723 o E-mail: elections.sboe@ncmail.net
Relevant Law:
o o o
N.C. Gen. Stat. 163-166.3 - Limited access to the voting enclosure (includes prohibitions on photographing/videoing other voters and own ballot) N.C. Gen. Stat. 163-166.4 - Limitation on activity in the voting place and in a buffer zone around it N.C. Gen. Stat. 163-165(9) - Definition of "voting enclosure"
Other Resources:
o o
North Carolina State Board of Elections, Press Release on Media Photography and Filming at Precinct and One-Stop Voting Sites North Carolina: Documenting Your Vote
North Dakota
Contact Information: o North Dakota Secretary of State- Elections and Voting o Telephone number: (701)328-4146 o Toll-free number: (800) 352-0867 ext. 8-4146 o E-mail: soselect@nd.gov
Relevant Law:
Ohio
Contact Information: o Ohio Secretary of State - Elections o Elections Division: (614) 466-2585 o Voting Rights Institute: (877) 767-6446
Relevant Law:
o o o o o
Ohio Rev. Code 3501.30 - Polling place supplies Ohio Rev. Code 3501.33 - Authority of precinct officials Ohio Rev. Code 3501.35 - No loitering or congregating near polling places Ohio Rev. Code 3599.20 - Prohibitions concerning ballots generally Ohio Rev. Code 3599.24(5) - Interference with conduct of election
Other Resources:
o o
Advisory 2008-03 - Polling Place Conduct; Media Access to Polling Locations; and Exit Polling Within 100 feet of a Polling Place Ohio: Documenting Your Vote
Oklahoma
Contact Information: o Oklahoma State Election Board o Telephone number: (405) 521-2391 o E-mail: info@elections.ok.gov
Relevant Law:
o o o o o o o o
Okla. Stat. 26-7-108 - Only voters and election officials permitted near ballot box Okla. Stat. 26-7-108.1 - Exit poll - Notice Okla. Stat. 26-7-108.3 - Pollster restrictions - Violation deemed misdemeanor Okla. Stat. 26-7-108.4 - Pollsters - Written polling materials - Restrictions on oral interviews and recordings Okla. Stat. 26-7-108.5 - Exit polls - Restrictions - Voluntariness Okla. Stat. 26-7-109 - Disclosure of vote - Prohibition Okla. Stat. 26-7-112 - Persons allowed in enclosure - News reporter or photographer Link to Oklahoma Statutes, Title 26 Elections
Other Resources:
Oklahoma State Election Board, Notice to Inspectors: Cameras in the Polling Place
Oregon
Contact Information: o Oregon Secretary of State- Elections Division o Telephone number: (503) 986-1518 o Toll-free number: (866) 735-2900 o E-mail: elections.sos@state.or.us
Relevant Law:
Pennsylvania
Contact Information: o votesPA: Online Voting Information and Resource Center o Toll-free number: (877) 868-3772 o E-mail: ST-HAVA@state.pa.us o County Contact Persons Elections/Voter Registration
Relevant Law:
o o o o o o o o
Pa. Const. Art. VII, 4 - Secrecy in voting 25 Pa. Stat. 2642 - Powers and duties of county boards 25 Pa. Stat. 3054 - Admission of electors within enclosed space 25 Pa. Stat. 3057 - Time allowed elector in voting booth or voting machine compartment 25 Pa. Stat. 3060 - Regulations in f0rce at polling places 25 Pa. Stat. 3530 - Unlawful assistance in voting 25 Pa. Stat. 3547 - Prohibiting duress and intimidation of voters and interference with the free exercise of the elective franchise Link to Pennsylvania Statutes
Other Resources:
Rhode Island
Contact Information: o Rhode Island Board of Elections o Telephone number: (401) 222-2345
Relevant Law:
o o o
R.I. Code 17-19-21 - Arrangement of polling places; election officials; police officers R.I. Code 17-19-23 - Wardens and supervisors; powers and duties R.I. Code 17-23-15 - Polling or surveying of voter opinion
South Carolina
Contact Information: o South Carolina State Election Commission o Telephone number: (803) 734-9060 o E-mail: elections@elections.sc.gov
Relevant Law:
o o o
S.C. Code 7-13-130 - Preservation of right to vote and secrecy of ballot S.C. Code 7-13-740 - Only one voter in booth at a time; speaking to voter prohibited S.C. Code 7-13-760 - Time when voter must leave booth and voting place; voter must be alone in booth and must not talk while voting
Other Resources:
South Dakota
Contact Information: o South Dakota Secretary of State- Elections & Voter Registration o Telephone number: (605) 773-3537 o E-mail: elections@state.sd.us
Relevant Law:
o o o o o
S.D. Codified Laws 12-18-3 - Electioneering, offices, distracting communications devices, and polling prohibited near polling place--Violation as misdemeanor S.D. Codified Laws 12-18-9.1 - Poll watchers and waiting voters not to see into booths--Interference with official actions--Violation as misdemeanor S.D. Codified Laws 12-18-27 - Unlawful to display Ballot S.D. Codified Laws 12-26-21 - Disobedience of precinct superintendent or precinct deputy as misdemeanor S.D. Codified Laws 12-26-22 - Disturbance of election proceedings as misdemeanor
Other Resources:
Tennessee
Contact Information: o Tennessee Department of State- Division of Elections o Telephone number: (615) 741-7956 o Toll-free number: (877) 850-4959 o E-mail: tennessee.elections@state.tn.us
Relevant Law:
o o o
Tenn. Code. 2-7-103 - Persons allowed in polling place Tenn. Code. 2-7-118 - Time limit for voting; removal of voter Link to Tennessee Code
Texas
Contact Information: o Texas Secretary of State- Elections Division o Telephone number: (512) 463-5650 o Toll-free number: (800) 252-VOTE o E-mail: elections@sos.state.tx.us
Relevant Law:
o o o o o o
Texas Elec. Code 61.001 - Bystanders excluded Texas Elec. Code 61.003 - Electioneering and loitering near polling place prohibited Texas Elec. Code 61.006 - Unlawfully divulging vote Texas Elec. Code 61.008 - Unlawfully influencing voter Texas Elec. Code 61.014 - Use of certain devices Link to Texas Statutes
Other Resources:
Utah
Contact Information: o State of Utah Elections Office o Telephone number: (801) 538-1041 o Toll-free number: (800) 995-VOTE o E-mail: gherbert@utah.gov
Relevant Law:
o o o
Utah Code 20A-3-105(7), (9) -Marking and depositing ballots Utah Code 20A-3-501 - Polling place; prohibited activities Utah Code 20A-3-504 - Violations -- Penalties
Vermont
Contact Information: o Vermont Secretary of State- Elections Division o Outside VT telephone number: (802) 828-2464 o In-state telephone number: (800) 439-8683
Relevant Law:
o o
Vt. Stat. tit. 17, 2508 - Campaigning during polling hours; voter access Vt. Stat. tit. 17, 2566 -Marking ballots
Other Resources:
Virginia
Contact Information: o Virginia State Board of Elections o Telephone number: (804) 864-8901 o Toll-free number: (800) 552-9745 o E-mail: info@sbe.virginia.gov
Relevant Law:
o o o
Va. Code 24.2-604 - Prohibited activities at polls; notice of prohibited area; presence of representatives of parties or candidates; simulated elections; penalties; neutral observers; news media Va. Code 24.2-607 - Prohibited conduct; intimidation of voters; disturbance of election; how prevented; penalties Va. Code 24.2-1011 - Ballot not to be carried away
Other Resources:
Virginia: Documenting Your Vote - see especially page 3: "Pictures should not be taken of voters putting ballots into the ballot box (voters are guaranteed privacy of their votes)."
Washington
Contact Information: o Washington Secretary of State- Elections & Voting o Telephone number: (360) 902-4180 o Toll-free number: (800) 448-4881 o E-mail: elections@secstate.wa.gov
Relevant Law:
o o o o
Wash. Rev. Code 29A.44.010 - Interference with voter prohibited Wash. Rev. Code 29A.84.420 - Unauthorized examination of ballots, election materials - Revealing information Wash. Rev. Code 29A.84.510 -Acts prohibited in vicinity of polling place; prohibited practices as to ballots Wash. Rev. Code 29A.84.670 - Unlawful acts by voters
West Virginia
Contact Information: o West Virginia Government Elections Website o Telephone number: (304) 558-6000
o o
Relevant Law:
o o o o o
W. Va. Code 3-1-37 - Restrictions on presence and conduct at polls W. Va. Code 3-1-38 - Disorder at polls; procedure W. Va. Code 3-4a-23 - Persons prohibited at voting booth; photograph prohibited W. Va. Code 3-9-9 - Other unlawful acts at polling places; penalties W. Va. Code 3-9-10 - Disorder at polls; prevention
Wisconsin
Contact Information: o Wisconsin Government Accountability Board- Elections Division o Telephone number: (608) 266-8005 o E-mail: gab@wi.gov
Relevant Law:
o o o o
Wisc. Stat. 5.35(4)-(5) - Polling place requirements Wisc. Stat. 12.13(1)(f) - Election fraud; showing marked ballot Link to Wisconsin Statutes, Chapter 5 - Elections Link to Wisconsin Statutes, Chapter 12 - Prohibited Election Practices
Wyoming
Contact Information: o Wyoming Secretary of State- Election Division o Telephone number: (307) 777-7186 o E-mail: elections@state.wy.us
Relevant Law:
o o o o o
Wyo. Stat. 22-13-103 - Preservation of order; space around voting booths and machines Wyo. Stat. 22-13-106 - Marking and depositing of paper ballots Wyo. Stat. 22-13-113 - Persons permitted in voting booth; time limit Wyo. Stat. 22-26-112, 114 - Prohibiting creation of disturbance at polling place Link to Wyoming Statutes, Title 22 - Elections
Arizona: Documenting Your Vote Arkansas: Documenting Your Vote California: Documenting Your Vote Colorado: Documenting Your Vote Florida: Documenting Your Vote Georgia: Documenting Your Vote Massachusetts: Documenting Your Vote Michigan: Documenting Your Vote Minnesota: Documenting Your Vote North Carolina: Documenting Your Vote
Ohio: Documenting Your Vote Pennsylvania: Documenting Your Vote South Carolina: Documenting Your Vote Texas: Documenting Your Vote Virginia: Documenting Your Vote
after you've already cast it. In all likelihood, no one would bother to enforce the statute in that way. More pragmatically, California Elections Code 14224 (scroll down) limits your time in the voting booth to 10 minutes, so don't get carried away in there. Finally, you shouldn't try to interview anyone within 100 feet of the voting area, get too close to other voters with your camera (especially inside), or otherwise interfere with the voting process. California Elections Code 18502 makes it a crime to "in any manner interfere[] . . . with voters exercising their rights of voting at an election," and California Elections Code 18541, mentioned above, makes it a crime to "speak to a voter on the subject of marking his or her ballot" within 100 feet of the voting area with the intent to dissuade the voter from voting. Again, the intent requirement may take your newsgathering activity outside of section 18541, but it is certainly something to be aware of. Outside the 100-foot buffer zone, you're generally free to take photographs, film, and interview other voters (with their permission). If you know of any other provisions of California law that might affect your ability to document the vote, or any cases interpreting California law on these issues, please let us know. If you want to contact California election officials directly to clarify how any or all of these provisions may impact your Election Day activities, please use the contact information below:
California Secretary of State- Elections Website Toll free number: (800) 345-VOTE
Update: A reader provided us with a memo written by Cathy Mitchell, Chief of the Elections Division of the California Secretary of State's office, regarding the use of cameras and video equipment at polling places. The memo says that the Secretary of State "has historically taken the position that use of cameras or video equipment at polling places is prohibited, though there may be circumstances where election officials could permit such use." The memo gives an example: "[I]f a credentialed media organization wants to photograph or film a candidate voting at a polling place, this is something you may permit, provided you ensure such activity does not interfere with voting, is not intimidating to any voters or election workers, and that the privacy of voters is not compromised."
Florida Division of Elections Website Telephone number: (850) 245-6200 E-mail: DivElections@dos.state.fl.us Voter Assistance Hotline: (866) 308-6739
Some media organizations in Georgia have specifically addressed the Video Your Vote project. The Atlanta Journal-Constitution recently wrote an article that you may find helpful. Additionally, Georgia Public Broadcasting has an insightful article that includes an interview with an election official in Georgia. According to that official, signs warning voters about the ban on photography/videography will be posted at polling places, and poll workers are aware of the prohibition. Outside of the polling place, Georgia law does not expressly prohibit photography. But, section 21-2-414(a) prohibits anyone from conducting "any exit poll or public opinion poll with voters . . . within 150 feet of the outer edge of any building within which a polling place is established." So, if you are planning to interview voters, make sure that you are more than 150 feet away from the building. If you plan on interviewing other voters outside, you should also be aware of section 21-2-568(5). This provision makes it a misdemeanor to "[d]isclose[] to anyone how another elector voted, except when required to do so in any legal proceeding." Interpreted literally, this statute could make it illegal to ask a voter on camera how he or she voted or to otherwise publish online any information about how a specific voter voted, even if the voter tells you this information willingly and gives you permission to post the video or publish the information online. It is not clear whether Georgia election officials take the position that section 21-2-568(5) prohibits this conduct, but this is not outside the realm of possibility given how seriously they take ballot secrecy.
The release mentioned the Video Your Vote project by name, saying that the project "urging [voters] to record their Election Day experiences cannot be conducted in Michigan polling places." Land acknowledged that YouTube and PBS have cautioned voters that some states like Michigan prohibit the use of recording devices in the polls (for example, see our video), but expressed concern that "not everyone will be aware of the warning." Michigan has no statute expressly prohibiting the use of cameras and recording equipment inside polling places, but the Secretary of State has taken the position since at least 2006 that voters may not use video and still cameras, including cell phones, inside the polls. (A February 2008 election inspector training manual takes the same position.) Credentialed members of the news media are excused from the ban, although some restrictions apply to their conduct as well. The stated reasons for the camera ban are "to protect voters who may feel intimidated in the polling place by the presence of a camera" and to deter "those who may try to sell their vote." The press release also indicates that Michigan law prohibits displaying one's own marked ballot, relying on Mich. Comp. Laws 168.738(2). The Secretary of State's recent comments are silent on what voters can do outside the polls. But, the press release quotes Karole White, president and chief executive officer of the Michigan Association of Broadcasters, as saying: "By keeping recording devices out of the polling place, you can still tell your story while respecting the law and the rights of other voters." Whether she meant to imply that voters are free to film outside the polls is not entirely clear, but no Michigan statute expressly prohibits such conduct. (This may be cold comfort, seeing as no statute expressly bans filming inside either.) Section 168.744 of the Michigan Compiled Laws prohibits campaigning and solicitation within 100 feet of the entrance to a polling place, but nothing in its language suggests a ban on photography or videography in this zone. How it impacts your ability to conduct interviews outside is another question. The February 2008 training manual mentioned above states that exit pollsters must remain at least 20 feet from the entrance to the building and refrain from approaching voters entering the building, which seems like a good rule of thumb for ordinary interviews as well. In the end, you'll have to assess the situation outside for yourself and use your common sense. It may be best to hang back beyond the 100-foot zone altogether.
within the polling place. We are expecting record turnout this year, which means that there may be lines and polling places may be crowded. Voters have a right to take the time they need to vote, but should not take extra time to take pictures. In addition, sections 204C.17 and 204C.18 of the Minnesota Statutes prohibit voters from showing their marked ballot to others. According to the same official, taking photographs or video of your own marked ballot could violate this prohibition. If you want to contact Minnesota election officials directly to clarify how any or all of these provisions may impact your Election Day activities, please use the contact information below:
Minnesota Secretary of State- Election Center Website Telephone number: (651) 215-1440 Toll-free number: (877) 600-VOTE E-mail: elections.dept@state.mn.us
Update: On October 15, 2008, a federal district court in Minnesota issued a preliminary injunction prohibiting state officials from enforcing on November 4, 2008 the second sentence of Minn. Stat. 204C.06 against the plaintiff media companies who brought the lawsuit challenging the statute. Because the injunction only applies to the exit-polling activities of the media companies that filed suit, it is not clear how this affects the ability of non-affiliated journalists to interview voters or engage in other activities within the 100-foot zone.
Although you wouldn't guess from photographs available online (here, here, here, and here), North Carolina law places heavy restrictions on photography and videography inside polling places on Election Day. Section 163-166.3(b) of the North Carolina General Statutes says that no person may "photograph, videotape, or otherwise record the image of any voter within the voting enclosure, except with the permission of both the voter and the chief judge of the precinct." Depending on the attitude of the chief poll worker at your precinct towards photography and videography, this amounts to a near-prohibition on using recording devices inside the "voting enclosure," which means "the room within the voting place that is used for voting." N.C. Gen. Stat. 163-165. Section 163-166.3(c) goes further. It expressly prohibits you from photographing, videoing, or otherwise recording "the image of a voted official ballot for any purpose not otherwise permitted under law." This means that you cannot photograph or video any one else's ballot, which is something to avoid in any state regardless of specific prohibition. But this also means you cannot film or photograph your own marked ballot. Note that that section 163-166.3 prohibits using cameras and video equipment inside polling places (absent permission under subsection (b)); it does not expressly prohibit bringing such devices (including cell phones) inside with you. Outside of the polling place, North Carolina law does not expressly prohibit using a camera or video recorder. Section 163-166.4 creates a buffer zone (no less than 25 and no greater than 50 feet) around the polling place, in which it is unlawful to "hinder access, harass others, distribute campaign literature, place political advertising, solicit votes, or otherwise engage in election-related activity." To be completely safe, you may want to take photographs or film outside the buffer zone, so as to avoid "harass[ing] others" or 'hinder[ing] access." However, the law probably permits you to photograph and film in this zone if your activity is not disruptive or intimidating. If you want to interview other voters, you should get their permission first and do your interview outside the buffer zone. In April 2008, the North Carolina State Board of Elections issued a press release presenting guidelines for poll workers and media representatives regarding the use of cameras and recording equipment at polling places. In a telephone conversation, a state official told us that these guidelines should apply equally to members of the public who wish to engage in newsgathering activities at the polls in North Carolina. The guidelines are:
Members of the media have a First Amendment right to report on matters of public interest, including elections. Members of the media, if they enter the buffer zone or voting enclosure, should identify themselves to the chief judge. Members of the media must conduct media polls and interviews outside the buffer zone. By law, the buffer zone is set at 50 feet from the entrances of the building in which the polling location is located. Precinct officials may state to media the number of persons who have voted, but no opinions should be given as to the effect of such voting numbers.
With the cooperation of election officials, members of the media may be briefly inside the voting enclosure to take a panoramic photograph or video of the voting place but are not permitted to use a zoom lens that could show the individual voter in the process of voting. Outside the buffer zone, the media is free to photograph or video in a non-disruptive manner. Members of the media should be positioned so that they will not interfere, obstruct, or disrupt the voting process. They are not allowed inside the enclosure unless they are there to vote or otherwise invited in by election officials. After the polls close the media and public are allowed inside the enclosure, but may not hinder the operations of the lection officials. Members of the media should be treated with respect. Election officials are to report problems with media personnel to the board of elections office.
It is hard to say whether poll workers actually will extend to ordinary citizens some of the privileges mentioned in the guidelines, like granting permission to take a panoramic photograph or video inside the polling place. In any event, anyone interested in taking photos, shooting video, or interviewing voters would do well to follow the prescriptive aspects of the guidelines.
Finally, section 3501.33 gives election officials the authority to "enforce peace and good order" at the polls. It charges them with keeping the entrance "open and unobstructed" and preventing "any improper practices or attempts tending to obstruct, intimidate, or interfere with an elector in registering or voting." In support of this authority, they may order the arrest of anyone violating the laws discussed above. As a practical matter, it may be hard to challenge the discretion election officials have to decide what interferes with "peace and good order." Update: An Ohio election official informed us that election officials could prohibit the use of cameras and video equipment as a means of enforcing "peace and good order" under section 3501.33. In addition, a reader informed us that, on Election Day, an election volunteer told him to refrain from using a camera in the polling place. The volunteer said something about a new law prohibiting the use of cameras, but we have not been able to confirm the existence of any such law.
There is no statute explicitly prohibiting cameras in the polling place. However, there are statutes dealing with voter intimidation, ballot secrecy, and keeping order in the polling place. We do instruct poll managers to ask voters not to use cameras, cell phones, PDAs, etc in the polling places for several reasons:
Out of courtesy to others. Voters may be distracted or annoyed by other voters using these items. To prevent intimidation. Voters can be intimidated by the use of a camera in a polling place. To protect the secrecy of the ballot.
could potentially encompass even standing in the 100-foot zone unless waiting to vote. This could make conducting interviews and filming or taking photographs in the 100-foot zone risky. If you are not inside or within 100 feet of the polling place, Texas law places fewer restrictions on your activities. You generally may take photographs and video and interview other voters (with permission). Despite this greater degree of freedom, you should take care not to make voters feel uncomfortable or interfere with the voting process in any way.
The statute does not define "representatives of the news media," and the CMLP has not been able to determine whether non-traditional journalists and bloggers fit into this category. We suggest that you contact the Virginia State Board of Elections or your local board of elections for more information. There might be some sort of credentialing process. Regardless of your status, any voter who brings a camera or recorder inside the polling place would do well to honor the restrictions imposed on the media. So, don't get too close to other voters or their ballots with your camera and always honor a request to stop photographing or filming. If you want to do interviews, take it outside the 40-foot zone.
The 2009 Presidential Inauguration promises to be a historic series of events, and millions of people will converge on Washington D.C. to observe and participate in the festivities. Many attendees will want to document the events, whether for purposes of reporting on a blog or other website, or simply for purposes of creating a personal record of their own experiences. During the Inauguration, heightened security measures will be in place across Washington, D.C., particularly in the areas where official events are taking place. These security measures, as well as tickets, permits, and credentialing requirements, will affect where you can go, what you can bring with you, and what you can do to document the Inauguration. Your location and what events are taking place there will influence what legal and other limitations you are subject to. The following information will help you understand and comply with security measures and other requirements while documenting the Inauguration. Click here for a one-page, printable summary of this guide in pamphlet form (print double-sided).
Some Basics
The 2009 Presidential Inauguration is actually a series of events held over four days. The events start Sunday, January 18 with a "kick off" event at the Lincoln Memorial and conclude Wednesday, January 21 with a prayer service. A list of official events is available on thePresidential Inaugural Committee website, and a map of Washington, D.C. displaying where the various inaugural events will take place is available on The Washington Post's website. Most people consider the swearing-in ceremony to be the main event. The swearing-in will take place on Tuesday, January 20, on the steps of the Capitol Building. Limited seating is available directly in front of the Capitol Building steps, and tickets are required to watch the swearing-in from that location. Information about tickets to this event can be found at the website of the Joint Congressional Committee on Inaugural Ceremonies. The National Mall, which is located just west of the Capitol Building where the swearing-in will take place, will be open to the public during the ceremony, and large screens will be set up there to allow for viewing of the swearing-in. Tickets are not required to watch the ceremony from the National Mall. But, attendees will need to undergo security screenings and comply with various restrictions, discussed below. The Secret Service is the lead federal agency coordinating security for these events, but the D.C. Metropolitan Police, the U.S. Capitol Police and the National Park Service will all play active roles in maintaining security at the various inaugural events. More information about the security coordination, and what it will mean for attendees, is available on the Secret Service Presidential Inaugural webpage.
"The Swearing-In": As noted above, tickets are needed to attend the January 20 swearing-in ceremony on the Capitol Building steps. Members of Congress and the Presidential Inaugural Committee are distributing these tickets. The most promising way to get a ticket is to contact your local member of Congress (keep in mind that the number of requests is likely to exceed the supply of tickets). For more information about tickets to the swearing-in ceremony, please visit the website of the Joint Congressional Committee on Inaugural Ceremonies. This Inauguration map shows the locations of the swearing-in events at the Capitol Building and National Mall, and displays where ticketed and non-ticketed attendees may go. Ticketed attendees of the Capitol Building swearing-in event must enter the Capitol Grounds through the entry point designated for their particular ticket section, as indicated on the Inauguration map. Security screening gates will open at 8:00 AM, music will begin at 9:00 AM, and the formal program will begin at 11:30 AM. Guests who have not made it to the screening points by 11:30 AM may not be permitted to enter. Security screening gates will also be in place at the National Mall swearing-in viewing event; it is likely that these gates will follow the same schedule. Inaugural Parade: You will need tickets to sit in the bleacher seats along the January 20 Inaugural Parade route, but you do not need tickets to watch the Parade from the sidewalk. A map of the Parade route indicates which streets will be blocked off during the event. The Presidential Inaugural Committee will be selling tickets for the seats. Youth Concert: You also need tickets to attend the youth concert at the Verizon Center on January 19. Tickets are free, and must be requested from the Presidential Inaugural Committee. All other official Inauguration events, apart from the Inaugural Balls, are open to the public free of charge. At both ticketed and non-ticketed events, press areas will be demarcated for members of the media who have applied for and been granted official press credentials. More information about press credentials is available at the website of the Joint Congressional Committee on Inaugural Ceremonies and the Inauguration Press Credentials page in this guide. Note that the deadlines to apply for press credentials have already passed.
Federal law, 16 U.S.C. 460l-6d, allows the NPS to require permits for "commercial filming" on national park land, including the National Mall. An NPS agent we spoke with took a fairly aggressive view of what constitutes "commercial filming," suggesting that permits are necessary for filming and photography "whenever you are getting paid for your images." A reasonable reading of the statute, however, does not support this understanding. The statute states that a permit for still photography is not required unless it takes place in a location where members of the public are not generally allowed, where additional administrative costs are likely, or where the photographer uses models or props that are not already located at the site. 16 U.S.C. 460l-6d(c). None of these exceptions are likely to apply to photographers documenting the inaugural events at the National Mall. Videographers are more likely than still photographers to be subject to the permit requirement, but only slightly more so. The statute does not define "commercial filming," but a Senate Report clarifies that "[p]ermits are not needed when filming for personal use, [or] for media and news events." S. Rep. No. 106-67, at 2 (1999). This means that most people interested in taking video footage of the inaugural events on the Mall are not subject to the permit requirement. The only individuals who are likely to be subject to the NPS's permit requirement are those interested in filming an advertisement, feature film, or documentary. If you fit into these categories, you can get more information about obtaining a permit at these National Park Service webpages (here, and here). An NPS representative told us over the telephone that it could take a couple weeks to process a permit application. However, the application forms indicate that applications should be submitted at least four days before filming begins.
The Reporters Committee for Freedom of the Press - A nonprofit organization dedicated to providing free legal assistance to journalists - (800) 336-4243.
Student Press Law Center - A group that advocates for student free press rights and provides free information, advice and legal assistance to students and educators. SPLC has arranged for on-call assistance for any student journalist who is arrested or detained while covering the Inauguration - (703) 807-1904.
American Civil Liberties Union - A nonprofit organization dedicated to protecting First Amendment rights to freedom of speech and freedom of the press. The D.C. Chapter can be reached at (202) 457-0800.
Journalists who get official press credentials gain access to otherwise restricted areas and permission to use equipment not permitted to the general public, notably "unipods" (which are one-legged stands for holding a camera). Separate credentials are available for each event, and two organizations- the Senate Media Galleries and the Presidential Inaugural Committee - oversee the granting of these credentials depending on the event. The deadline for submitting applications has already passed. Some details about credentials for the different events are provided below. Individuals without official press credentials can still take photographs, record video, and otherwise document the inaugural events, albeit without access to special locations and use of a unipod. Swearing-in ceremony on the Capitol Building steps - January 20 - Ticketed event
The Senate Media Galleries handles all media credentialing for this event.
Deadline to apply: December 15. More information about these credentials is available on the website of the Joint Congressional Committee on Inaugural Ceremonies.
Who should apply: These credentials are geared towards professional journalists. Published criteria state that "persons engaged in other occupations, whose chief attention is not given to or more than one-half of their earned income is not derived from the gathering or reporting of news . . . shall not be entitled to admission."
What credentials entail: Members of the media who apply for and are granted media credentials are given access to the reserved press area at this event. They are also permitted to use equipment that is prohibited for members of the general public, such as unipods.
What it means if you do not have credentials: If you do not have official press credentials for this event, you may only attend if you have a ticket and comply with the security requirements. For information on these requirements, see the Documenting the 2009 Presidential Inauguration page in this guide.
A list of events, and information about whether tickets are required to attend, is available from the Presidential Inaugural Committee, which handles media credentialing for these events.
Who should apply: The Presidential Inaugural Committee's website does not state who can or should apply for press credentials. We were told via telephone that only those who are associated with an established media company (e.g., CNN, Associated Press) should apply for press credentials.
What credentials entail: Members of the media who apply for and are granted media credentials are given access to the reserved press areas at these events. They are also permitted to use equipment that is prohibited for members of the general public, such as unipods.
What it means if you do not have credentials: If you do not have official press credentials for these events, you can still attend them because they are open to the public. You must, however, comply with the security requirements comply with the security requirements. For more information on these requirements, see theDocumenting the 2009 Presidential Inauguration page in this guide.
Promising Confidentiality to Your Sources: In this section, we explain when promises of confidentiality made to sources are legally binding.
Legal Challenges to Protecting Confidentiality and Source Material: In this section, we address the legal methods by which others can demand information and other newsgathering materials from you.
Legal Protections for Sources and Source Material: In this section, we outline the legal protections that you can use to protect your information from legal demands.
Practical Tips for Protecting Your Sources and Source Material: In this section, we provide practical tips on how to protect your sources and other materials collected in the course of newsgathering activities.
State Law: Legal Protections for Sources and Source Material: In this section, we provide state-specific information about protecting sources and source material for the fifteen most populous U.S. states and the District of Columbia.
Promising Confidentiality to Your Sources Legal Challenges to Protecting Confidentiality and Source Material Legal Protections for Sources and Source Material Practical Tips for Protecting Your Sources and Source Material State Law: Legal Protections for Sources and Source Material
In some states, promising your source confidentiality before you receive information will strengthen your ability to resist legal demands for your source's identity. See your state under State Law: Legal Protections for Sources and Source Material to determine if that is the case for you.
By promising confidentiality to your source, you may be legally bound to keep the promise. If you later decide you wish to reveal your source's identity, your source may be able to sue you if you do so. To learn if your your promise would create a legal obligation to your source, and to learn the consequences of such an obligation, see the section below on how a legal obligation arises for more information.
By promising confidentiality, your readers/viewers/listeners will have less information about your source and will not be able to assess your source's credibility on their own. This can also have an impact on the overall credibility or persuasiveness of your work.
In sum, promising confidentiality can provide benefits to you and your source, but you should only offer it after you have carefully weighed the benefits and drawbacks. If your source demands confidentiality, make sure you intend to maintain confidentiality if you agree. Also, no matter what you decide, it is a good idea to be clear with your source about what he or she should expect with respect to confidentiality. Agree with your source on exactly when and to whom, if anyone, you can reveal your source's identity.
Second, consider whether you will be able to keep the information secret. Once you have obtained information from a confidential source, you will need to keep the source's identity secret. Be careful of revealing any unpublished news you have received if you do not want the information to be public. It might be tempting to talk about a juicy piece of information you have discovered with your relatives, friends, or co-workers. Resist the temptation. There are a number of negative consequences that can occur if you reveal the identity of confidential sources or unpublished news to anyone. In a number of states, if you reveal your source's identity to anyone, you can lose your ability to protect that information later. This means that even if you could have protected the information from a legal demand, you no longer will be able to do so. Even if you are still able to protect your information from a legal demand for it, the person who knows the information might not be able to do so. You might have a "journalistic privilege" to protect your sources' identities and unpublished information from a legal demand, but your friends and relatives and co-workers might not have such special protection. If a party to a lawsuit discovers that someone else has the information they want, they might ask a judge to require that person to reveal the information. Beyond legal considerations, as a practical matter, the more people who know the information, the more likely it is to be revealed. People are not always good at keeping secrets, and you may not wish for the information to be revealed. If others do not know the identity of a source or a tidbit of unpublished news, they might not even realize it exists, so they may not ever know to seek it from you.
By Contract
First, you might have a legal obligation to your source if you have formed a contract with your source. Forming a contract does not require a formal, signed paper document. Contracts also do not require any "magic words." To the contrary, any exchange of promises can potentially represent a binding agreement. Contracts can only be formed if you promise to do something (or refrain from doing something) in exchange for the other person promising to do something (or not do something). A one-way promise, with nothing expected in return, does not form a contract. Thus, an important question in determining whether you formed a contract when you promised a source confidentiality is: Was there an understanding that you would receive something in return? If you promised your source confidentiality with the understanding that you would receive information in return, that may represent a contract. On the other hand, if you promised the source confidentiality freely, with no promise of anything in return, you probably have not formed a contract. Whether you and your source made an exchange of promises that constitutes a contract is based on a how a "reasonable person" would have interpreted your behavior. It is not based on how you or your source subjectively perceived the situation. Even if you exchanged promises in a way that could represent a contract, some courts will hold that contracts formed based on a newsgatherer's promise of confidentiality are not valid. In other words, in some states, if a court deems you a newsgatherer, it will not punish you for revealing the identity of a confidential source to the public. Courts in these states hold that free speech interests, such as those embodied in the First Amendment of the U.S. Constitution, prevent them from punishing you.
By Detrimental Reliance
"Detrimental reliance" (also called "promissory estoppel") is a fancy legal term that essentially means relying on a promise in a costly way. It is a type of promise that is legally binding in many states. It applies when you make a promise to someone that you expect that person to act on, and then that person relies on that promise in a way that could hurt that person if you break your word. The key difference between "detrimental reliance" and a contract is that "detrimental reliance" does not require an exchange of promises -- it only requires a one-way promise, and the the person who has been promised something relying on that promise. An example may help "detrimental reliance" seem more understandable. Imagine that a boss tells his employee that she can have a day off so she can visit her far-away relative, as she had been saying that she wanted to for a long time. The employee, relying on her boss's promise, buys an airplane ticket to see the relative. At this point, the employee may be able to enforce the boss's promise under the doctrine of "detrimental reliance." By promising his employee the day off, the boss knew that his employee would go to visit her relative. The boss knew that his employee would have to spend money to buy a plane ticket. The employee, by buying the plane ticket, relied to her expense on the boss's promise. If the boss were to break his word, it would cause her financial injury. Here's how "detrimental reliance" can come up for you: Imagine that you promise a source confidentiality. You expect that by making this promise, your source will reveal confidential information to you. As you expect, the source reveals confidential information. You then publish the confidential information you received from your source. Later, you want to reveal your source's identity to the public. The source will say the doctrine of "detrimental reliance" binds you because the source only gave you the information because you promised confidentiality. This is similar to what happened in the U.S. Supreme Court case of Cohen v. Cowles Media Co., 501 U.S. 663(1991), in which the Supreme Court held that it was okay to punish two reporters under the doctrine of "detrimental reliance" for breaking their promises.
request is unduly burdensome, or that you should not have to reveal newsgathering information. To determine whether you can avoid revealing your newsgathering information and sources, see Legal Protections for Sources and Source Material. Keep in mind, however, that if you are a defendant in a lawsuit, your newsgathering materials and source information may be relevant -- or even essential -- to your defense. For example, if you relied on a confidential source for a statement that the plaintiff claims is defamatory, you may be in a position where you need to identify your source in order to show that it was reasonable for you to rely on that source for the information you published. If you refuse to provide the requested information, you may lose your ability to fully defend yourself.
What kind of information does the shield law protect? Some state shield laws only protect the identity of a confidential source, while others protect the identity of a source whether or not you have promised the source confidentiality. In other states, the law protects not only the identity of a source, but also unpublished information collected during newsgathering, such as information provided by a source, a reporter's unpublished notes, outtakes, and work product. Even among this group, there are some differences about exactly what information the shield law protects.
Who is entitled to the protection of the shield law? Some state shield laws limit their application to individuals who have a professional affiliation with an established media entity or require regular employment as a journalist. Other states expressly exclude broadcast and electronic media from coverage. Yet others offer the privilege to a larger group of people who publish information, such as freelancers, authors, electronic publishers, and educators. This question is of critical importance to citizen media sites and online publishers of all kinds. One important case, O'Grady v. Superior Court, 139 Cal. App.4th 1423 (Cal. Ct. App. 2006), extended the coverage of California's shield law to online news sites, despite language in the shield law suggesting that only reporters publishing in traditional media were covered. See the California Protections for Sources and Source Material page for details. This area of law, while currently uncertain, is sure to develop significantly in coming years.
Assuming the shield law applies, how strong is its protection? Some states provide those individuals covered by their shield laws with an "absolute" privilege against revealing sources and source material (or just sources, as the case may be). This means that a court or other legal body may not force that individual to reveal the information in question under any circumstances. In other states, shield laws give covered individuals only a "qualified" privilege against revealing sources and source material (again, the precise information covered depends on the state). While the exact standards vary state-to-state, courts applying a qualified privilege generally require that the individual seeking covered information demonstrate that (1) the desired information is central to mounting a claim or defense in a lawsuit; (2) other means of obtaining the information have proven to be inadequate; and (3) the balance of the parties' interests favors disclosure.
For a detailed examination of state shield laws, see the State Law: Legal Protections for Confidential Sources and Source Material section of this guide.
The PPA covers a publisher's "work product" and "documentary materials." "Work product" is defined as materials: (1) "prepared, produced,authored, or created, whether by the person in possession of thematerials or by any other person"; (2) "possessed for the purposes ofcommunicating such materials to the public"; and(3) "include mental impressions, conclusions, opinions, or theories ofthe person who prepared, produced, authored, or created such material."42 U.S.C. 2000aa7(b)(1).Work product thus includes things like your notes, drafts, andouttakes. Work product does not include contraband, "fruits" of crime,or materials intended to be or actually used in the commission of acrime. "Documentary materials" are also defined broadly as "materialsupon which information is recorded, and includes, but is not limitedto, written or printed materials, photographs, motion picture films,negatives, video tapes, audio tapes, and other mechanically,magnetically or electronically recorded cards, tapes, or discs." Id. 2000aa-7(a). As with work product, the definition does not includecontraband, "fruits" of crime, or materials intended to be or actuallyused in the commission of a crime.
Who is covered?
While the law on this point is not yet clear, the language ofthe PPA -- reaching "a person in connection with a purpose todisseminate to the public a newspaper, book, broadcast, or other similar form of public communication" -- suggests that it may cover online publishers.
The PPA does not function like a shield law, which allows areporter to refuse to comply with a subpoena or other discovery order.Instead, the PPA allows you to file a civil lawsuit for damages afterthe search and/or seizure takes place, if you believe it violated thelaw. There are a number of exceptions to the PPA. Most importantly,government officials can legally carry out a search and/or seizureotherwise covered by the PPA if there is "probable cause" to believethat the reporter (or other publisher) has evidence linking him or herto a crime. 42 U.S.C. 2000aa(b)(1).The government cannot invoke this exception, however, if the only"offense to which the materials relate consists of the receipt,possession, communication, or withholding of such materials or theinformation contained therein," unless the materials relate to thenational defense or classified information. Id. There is also anexception when authorities have reason to believe that death or seriousinjury will result if the search is delayed. Id. 2000aa(b)(2). For more information on the Privacy Protection Act and afantastic practical guide to dealing with newsroom searches, see theStudent Press Law Center's Student Media Guide to the Privacy Protection Act.
Constitutional Protections
Federal Constitution
A number of state and federal courts have found that the FreeSpeech Clause of the First Amendment of the U.S. Constitution creates a"reporter's privilege" against having to disclose the identity ofconfidential sources and/or turning over unpublished newsgatheringmaterials. While the law is not settled, online publishers may be ableto take advantage of this reporter's privilege. The constitutionalreporter's privilege is not, however, universally recognized.Furthermore, even when recognized, it only provides a "qualifiedprivilege," meaning that the person seeking information can overcome itwith a strong showing of need. Courts that recognize a privilege based on the First Amendment often make reference to the U.S. Supreme Court's decision in Branzburg v. Hayes,408 U.S. 665 (1972). Branzburg is the only case in which the U.S.Supreme Court has addressed the federal reporter's privilege.Unfortunately, it is also a famously confusing case. The majorityopinion, which typically is the legally controlling opinion, held thatthe First Amendment does not provide a reporter with a privilege fromtestifying before a grand jury about information obtained and eventswitnessed in the course of researching a story. However, Justice Powellwrote a concurring opinion in which he stated that demands forinformation from journalists should "be judged on [their] facts by thestriking of a proper balance between freedom of the press and theobligation of all citizens to give relevant testimony." Because JusticePowell was a necessary fifth vote to form a majority, many courts treathis opinion as the controlling opinion. These courts frequently readhis opinion as calling for a qualified privilege for reporters underthe First Amendment. Courts in different states and federal circuits have differentviews about the character and scope of the federal reporter'sprivilege. For more detailed information on the contours of thisprivilege, see the state pages. State Constitutions Quite a few state courts have found that a privilege exists forjournalists under their respective state constitutions. Some states,like California,have explicit constitutional privileges for journalists, similar inform to a shield law. In other states, courts have derived a privilegefrom general state constitutional provisions, similar to the FirstAmendment. For more information on state constitutional privileges, see the the state pages.Keep in mind that, even when a state recognizes a state constitutionalprivilege, its exact character and scope is often uncertain.
Be judicious about promising confidentiality: Promising confidentiality to your sources can provide benefits to you and your sources, but you should only offer it after you have carefully weighed the benefits and drawbacks. Review the section of this guide on Promising Confidentiality to Your Sources before making a decision. If your source demands confidentiality and your reporting requires the source, make sure you intend to maintain confidentiality if you agree. If you later decide you wish to reveal your source's identity, your source may be able to sue you if you break your promise.
Keep secrets secret: Once you have obtained information from a confidential source, keep the source's identity secret. It might be tempting to talk about a juicy piece of information you have discovered with your relatives, friends, or co-workers. As a practical matter, the more people who know the information, the more likely it is to be revealed. Moreover, if you reveal some information about your source's identity, you may be precluded from protecting the information in the future.
Research whether you can assert a "journalistic privilege" to protect your sources and unpublished information: Many states offer protection for "journalists" who receive subpoenas requesting this information. These privileges arise from a number of different sources of law, including shield laws passed by state legislatures, the U.S. Constitution and state constitutions, and the common law. Check the Legal Protections for Sources and Source Material section of this guide before revealing any information about your sources.
Consider where you publish your work: Where you publish your work can have an impact on your ability to protect your sources and newsgathering information. For instance, in some states you can only invoke the privilege to protect your sources if you publish in traditional print or broadcast media. In other states, you need only publish through an entity that regularly distributes news. See the Legal Protections for Sources and Source Material section of this guide for more information.
California Protections for Sources and Source Material District of Columbia Protections for Sources and Source Material Florida Protections for Sources and Source Material Georgia Protections for Sources and Source Material Illinois Protections for Sources and Source Material Indiana Protections for Sources and Source Material Massachusetts Protections for Sources and Source Material Michigan Protections for Sources and Source Material New Jersey Protections for Sources and Source Material New York Protections for Sources and Source Material North Carolina Protections for Sources and Source Material Ohio Protections for Sources and Source Material Pennsylvania Protections for Sources and Source Material Texas Protections for Sources and Source Material Virginia Protections for Sources and Source Material Washington Protections for Sources and Source Material
Information from these government sources will be especially useful to you if you want to take your publishing activities beyond merely commenting on material posted by others. These sources can help you move into original reporting and enable you to comment in an informed fashion on local and national debates. You might even do a periodic post or column on subjects of particular interest to your website or blog. For example, the Gotham Gazette, an independent news site that covers "New York City News and Policy," has an entire section focusing on city government, which is largely based on meetings of the New York City Council. We should point out, however, that the information you gather from these government sources doesn't have to be limited to the actions of the government itself. Government bodies collect extensive information on individuals, corporations, and other organizations. Much of this information is available to the public. You just have to know where to look. The first thing you will need to consider is which government entity likely has the information you are seeking. Public access to government information extends to a broad range of government sources, including federal and state agencies, Congress and state legislatures, government boards and committees, and the courts. In fact, it might be the case that the information you are interested in is located in more than one place. A little advanced research on your part can go a long way when dealing with the government. Because different laws apply to different government entities, you will want to review each section of this guide that might apply to your situation. If you are not sure whether the information you seek is associated with a federal, state, or local government body, refer to the page on Federal, State, and Local Government Bodies for some helpful information. It is also worth bearing in mind that laws granting access to government information are only one of many important fact-finding tools in your information gathering toolbox. These laws can be very powerful, but their scope is limited to records and information available through government sources. For a broad overview of how you can investigate a full range of actors, including government, individuals, and corporations, see the Newsgathering section of this guide and check out the Center for Investigative Reporting's entertaining and inspirational guide, Raising Hell: A Citizens Guide to the Fine Art of Investigation. Information Held by the Federal Government The federal government is a sprawling and far reaching entity headquartered in Washington, D.C., but with agencies and offices in almost every part of the country. A number of important laws govern your access to information associated with the federal government. The most well known of these laws is the Freedom of Information Act ("FOIA"), which provides access to the public records of most departments, agencies, and offices of the federal government. But several lesser known laws are also important, including the Government in the Sunshine Act which gives you the right to attend the meetings of many federal agencies, the Federal Advisory Committee Act, which allows you to attend the meetings of boards and committees that advise agencies of the federal government, and the Presidential Records Act, which sets out the procedures you must follow to request records from the president and his or her close advisers. If you are seeking records held by a federal government agency, you should review the section on Access to Records from the Federal Government which describes FOIA and provides some practical advice on how to use the law to acquire government records. Keep in mind, however, that FOIA does not cover the President himself/herself, Congress, or the federal judiciary. For information on accessing information from these sources, see the Access to Presidential Records,Access to Congress, and Access to Courts and Court Records sections of this guide, respectively. The federal government often acts through boards, committees, and other government "bodies." Examples include the Securities and Exchange Commission, the Federal Communications Commission, and the Federal Housing Finance Board. A common feature of these agencies, boards, commissions, and other government bodies is that they meet as groups to deliberate or take action on public business. If you wish to attend these meetings, you will need to become familiar with a category of laws called open meetings laws. These important laws give anyone, including members of the traditional and non-traditional press, the ability to attend the meetings of many federal government bodies and to receive reasonable notice of those meetings. In many instances, they also entitle you to obtain copies of minutes, transcripts, or recordings at low cost. See the section on Access to Government Meetings for more information and practical advice. There are basically two types of federal government meetings you may wish to attend and each is governed by a different set of legal requirements. Federal agency meetings are governed by the Government in the Sunshine Act which gives you the right to attend the meetings of many federal agencies, such as the Federal Election Commission and the Federal Trade Commission. Federal advisory committee meetings, which are a strange hybrid type of meeting involving outside advisers tasked with giving advice to the federal government, are governed by the Federal Advisory Committee Act. Information Held by State and Local Governments Just as with the federal government, a number of important laws govern your ability to access information associated with state and local governments. Every state has some version of a "Freedom of Information" (FOI) law sometimes called a "sunshine law" that governs the publics right to access state government records. These FOI laws help the public keep track of its governments actions, from the expenditures of school boards to the governor's decision to pardon prison inmates. For example, in 2003, a parent of a student in Texas, Dianna Pharr, spurred by the financial crisis in her local school district, began filing requests under the Texas Public Information Act to investigate the district's spending and operations. She and other parent volunteers established an online repository for the documents and made them available on a local community website, Keep Eanes Informed. Pharr's efforts received coverage in the local press, and have enabled her community to make informed decisions when dealing with school board proposals.
If the information you are seeking is contained in records held by your state or local government, you will need to review the section on Access to Records from State Governmentsin order to understand how to make a request under the relevant state law. For example, theCalifornia Public Records Act and the New York Freedom of Information Law govern access to records in California and New York, respectively. In many states, local government records can also be requested under the state open records law. Unfortunately, public officials sometimes deny that they are required to turn over information, deny that the public has any right to information, or fail to provide information in a timely way. To ensure that you get the information you need, you should review the section on Practical Tips for Getting Government Records. If you are interested in attending the meetings of state or local government bodies, you should review the section on Access to State and Local Government Meetings. The most familiar examples of these kinds of government bodies at the local level include school boards, city councils, boards of county commissioners, zoning and planning commissions, police review boards, and boards of library trustees. At the state level, examples include state environmental commissions, labor boards, housing boards, and tax commissions, to name a few. Courts and Court Information The court system is yet another resource-rich place for you to access information. Your right to access the court system stems from the First Amendment, and has been expanded to give you the ability to attend almost all court proceedings and inspect public court records. The law provides important tools that you can use to help you understand the intricacies of a particular case, or watch how the court system performs. For example, you can use court records to check whether a doctor has previously been sued for malpractice, or to find the outcome of a criminal case. You should first determine whether you need to access the information at the state or federal level. Once youre armed with that knowledge, visit the pages that discuss access to court proceedings in federal court or state court, for information on your right to attend trials and other court proceedings. If, on the other hand, you want to review court records, such as legal complaints, motions, and other filings, visit the page on Federal Court Records or State Court Records, which describes your right to access court records and provides information on why your request may be denied, and how to appeal a denial. While there is no guarantee that you will get every court record or attend every court proceeding you desire, we've put together some tips that will help ensure that you take full advantage of the wealth of information available through state and federal courts. See the page discussing Practical Tips for Accessing Courts and Court Records for more information. You may also wish to talk with the individuals associated with a court case. Visit the page onAccess to Jury and Trial Participants to understand your ability to contact those who participated in the court proceeding such as the judge, lawyers, parties, witnesses, and jurors. Getting Started If, after reviewing the information in this section, you are still not sure where to start, you can always just browse one of the topics listed below:
Access to Government Records: Describes federal and state freedom of information laws and provides practical advice on how to use these laws to acquire government records.
Access to Government Meetings: Provides an overview of federal and state open meetings laws and explains how to assert your right to attend meetings held by federal, state, and local agencies, boards, committees, and other government bodies.
Access to Congress and the President: Outlines the special set of rules that govern access to Congress and Presidential records.
Access to Courts and Court Records: Provides an overview of federal and state laws that grant you the right to access federal and state court records and court proceedings.
Access to Government Records Access to Government Meetings Identifying Federal, State, and Local Government Bodies Access to Congress and the President Access to Courts and Court Records
Access to Records from the Federal Government: If you are seeking records held by a federal government agency, you will need to review the section on Access to Records from the Federal Government which describes the federal Freedom of Information Act ("FOIA"). FOIA covers only national agencies, such as the Securities and Exchange Commission, the Environmental Protection Agency and the Federal Energy Regulatory Commission. FOIA does not cover the President himself/herself, Congress, or the federal judiciary. For information on accessing information from these sources, see the Access to Presidential Records, Access to Congress, and Access to Courts and Court Records sections of this guide, respectively.
Access to Records from State Governments: If you are seeking records held by your state or local government, you will need to review the section on Access to Records from State Governments in order to understand how to make a request under the relevant state legislation. For example, the California Public Records Act or the New York Freedom of Information law. In many states, local government records can also be requested under the state open records law.
Practical Tips for Getting Government Records: Unfortunately, public officials sometimes deny that they are required to turn over information, deny that the public has any right to information, or fail to provide information in a timely way. To ensure that you get the information you need, you should review the section on Practical Tips for Getting Government Records.
Access to Records from the Federal Government Access to Records from State Governments Practical Tips for Getting Government Records
FOIA requires federal agencies to: 1. 2. 3. 4. Provide access to their records and information, barring certain exceptions; Suffer penalties for refusing to release covered information; Appoint a FOI officer charged with responding to information requests; and Publish agency regulations and policy statements, including their rules for handling FOIA information requests, in the Federal Register.
The heart of FOIA is a "FOIA request": a written notice to the FOIA officer of a federal agency stating which records you are seeking. You should be forewarned, however, that although FOIA is a powerful tool for getting government information, it involves a rather complicated set of procedures. Before you file a request, you should spend some time reviewing each of the sections listed below. Click on one of the following sections to get started:
Who Can Request Records Under FOIA: Explains who is eligible to make a FOIA request.
What Records Are Available Under FOIA: Describes what kinds of records can be requested, which agencies are covered, and what records are exempted.
How to Request Records Under FOIA: Outlines the steps you should follow in making a request, and explains the procedures the government must follow in responding to a request.
What Are Your Remedies Under FOIA: Describes the courses of action you can take to enforce your rights if you believe that your request has been wrongly denied.
Who Can Request Records Under FOIA What Records Are Available Under FOIA How to Request Records Under FOIA What Are Your Remedies Under FOIA
Access to Public Records in California Access to Public Records in Florida Access to Public Records in Georgia Access to Public Records in Illinois Access to Public Records in Indiana Access to Public Records in Massachusetts Access to Public Records in Michigan Access to Public Records in New Jersey Access to Public Records in New York Access to Public Records in North Carolina Access to Public Records in Ohio Access to Public Records in Pennsylvania Access to Public Records in Texas
Access to Public Records in the District of Columbia Access to Public Records in Virginia Access to Public Records in Washington
Do some research to identify the agency or agencies that possess the records you seek. A little advanced research can go a long way. Often, the records you are seeking exist in more than one government agency or from both state and federal agencies. Find out where the documents are located and then use this guide to determine from which agency you have the greatest likelihood of getting the records. You should also research who the responsible officials are and where you should address your request(s). If you are looking for records held by the federal government, see the section on Finding and Getting the Federal Records You Seek. If you are interested in state and local government records, see the section on Access to Records from State Governments for guidance.
Exhaust informal means first. FOIA and its state counterparts are powerful tools for getting government information, but they are not the only means at your disposal to get the information you want. It's quite possible that someone else has already requested the records you seek and made those documents available online. A few well-crafted web searches might turn them up, or they might be available in the relevant agency's [Getting the Records|online reading room] or through one of the government records clearinghouses, such as GovernmentDocs.org and GovernmentAttic.org. If you can't find the information online, a phone call or letter to a sympathetic public official asking for the voluntary release of the information might be all you need.
Plan your request carefully. Again, it is wise to think about the information you want, when you need it, and how much you are willing to spend to get it. You should also spend some time researching whether any exemptions might apply to the information you are seeking. Most freedom of information requests run into problems because the information contained in the documents is subject to one of the many exemptions available under FOIA and its state FOI counterparts. See the FOIA Exemptions and Access to Records from State Governments sections of this guide for more information. By anticipating these exemptions, you may be able to tailor your request to get around the exemptions or provide reasons why the exemptions should not apply to your request (e.g., public interest, previous release of information to other requesters, inapplicability).
Send a clear and well written request. If you've done your research, you will know what records to ask for and whom to ask. Take the time to draft a clear description of the records you are requesting. Try and be as specific as possible: include the title and date of each document, the authors, recipients, and other identifying information if you know it. General requests -- such as "all files relating to X subject" -- are unlikely to get you what you want and will often result in delays and additional costs. Be sure and date and sign your request, include a return address, and keep a copy of all correspondence to and from the agency. You should also specify if you want the records released in electronic form or as physical copies.
Put a limit on the costs you are willing to pay. Under the federal FOIA and most state FOI laws, the responding agency can charge you for certain search and copying fees related to your request. Unless you want to be on the hook for thousands of dollars, you should specify in your request how much you are willing to pay. You should also state that if the fees will exceed that amount, you should be notified by the agency before it begins work on your request. You may be able to avoid some copying costs -- but not the search fees -- if you ask to review the records before the agency makes copies.
Request a waiver of fees, if appropriate. If you qualify for a waiver of the search, review, or copying fees, ask for a waiver in your request letter and clearly explain why your waiver request is justified under the applicable law. See the section on Costs and Fees under FOIA and Access to Records from State Governments for more information. If appropriate, emphasize that you are seeking the records not solely for a private, profit-making purpose and that you will be using the information to inform the public about the operations and activities of its government.
Anticipate delays and be patient. Government agencies are generally required to respond to your request within 10 to 20 working days, depending on the relevant FOI law involved. In practice, however, most agencies take much longer to respond, let alone to release records which can sometimes take months or even years. If you haven't received a response to your initial request within the require time period, you should write or call the agency to check the status of your request. While it usually helps to be understanding of their workload (almost all government agencies have FOI backlogs) ask them to commit to a response date and/or a release date for the records and hold them to it.
Be willing to compromise. You should anticipate that problems will arise. It could be that the agency needs more time to locate and review the records you've requested or that the information is covered by one or more exemptions. When appropriate, offer to revise or narrow the scope of your request to move things along. If you revise your request, however, be sure to make clear that your willingness to compromise is not considered a "new" request by the agency (a new request will start the clock running again). If the agency tells you that the records don't exist, ask them to describe their search methodology. Perhaps they aren't looking for the right things or in the right places. It might also help if you offer to resolve fee or fee waiver issues by paying a small amount.
File a lawsuit as a last resort. The simplest -- and often most effective -- remedy is to seek informal resolution of any disputes related to your request. A follow-up telephone call or email can sometimes get things back on track. If this fails to pry the records loose, your first recourse should be to use the internal appeal procedures (if they exist) within the relevant agency. See the sections on What Are Your Remedies Under FOIA andAccess to Records from State Governments for more information. If your internal appeal is not successful, a lawsuit may be on the only way to get the records. Keep in mind, however, that obtaining records through legal action can be a costly and drawn-out process.
meetings, court proceedings, or meetings of executive departments or the President's staff. Other laws, however, may provide you with access to these proceedings. To learn more about your ability to access Congress's legislative sessions, committee hearings, and documents seeAccess to Congress. To learn more about your ability to attend court proceedings and to obtain court documents, see Access to Courts and Court Records. No law gives you the right to attend federal executive department meetings, but note that the Federal Advisory Committee Actallows you to attend meetings of advisory committees that assist the President. Consult theAccess to Presidential Records section for information about what presidential documents are available for public use. The following pages in this section will help you to understand and use open meetings laws intelligently:
Access to Federal Agency Meetings: Access to federal agency meetings is governed by the Government in the Sunshine Act which gives you the right to attend the meetings of many federal agencies, such as the Securities and Exchange Commission and the Federal Trade Commission. This section provides an overview of this law and describes your right to attend federal agency meetings.
Access to Federal Advisory Committee Meetings: Federal advisory committee meetings are governed by a different law. The Federal Advisory Committee Act allows you to attend the meetings of advisory boards and committees that advise agencies of the federal government. This section provides an overview of this law and describes your right to attend federal advisory committee meetings.
Access to State and Local Government Meetings: State open meetings laws entitle you to attend the meetings of a large number of state and local government bodies. This sections provides information about your right to attend meetings in your state.
Access to Federal Agency Meetings Access to Federal Advisory Committee Meetings Access to State and Local Government Meetings
Open Meetings Laws in California Open Meetings Laws in Florida Open Meetings Laws in Georgia Open Meetings Laws in Illinois Open Meetings Laws in Indiana Open Meetings Laws in Massachusetts Open Meetings Laws in Michigan Open Meetings Laws in New Jersey Open Meetings Laws in New York Open Meetings Laws in North Carolina Open Meetings Laws in Ohio Open Meetings Laws in Pennsylvania Open Meetings Laws in Texas Open Meetings Laws in the District of Columbia Open Meetings Laws in Virgina Open Meetings Laws in Washington
Check the name of the government body: Often, the name of a government body will indicate what level of government it belongs to. Many federal agencies and executive departments have names that contain "U.S." or "Federal," such as the Federal Communications Commission, theFederal Election Commission, the U.S. Social Security Administration, and the United States of America Department of Commerce. At the state level, many state departments, agencies, boards, and commissions have names that contain the word "State" or the name of the particular state, or both, such as the Massachusetts Department of Elementary and Secondary Education, the Virginia State Corporation Commission, the Florida Department of Environmental Protection, and theIllinois State Board of Education. Finally, at the local level, government bodies will often have names that include the words "county," "city," "township," "town," "district," and the like. For example, you will find the Seattle City Council, the Los Angeles County Board of Supervisors, theMcHenry County Board, the Whitpain Township Planning Commission, the Palmyra, NY Town Zoning Board, and the District School Board of Collier County. In most cases, paying attention to the name of the government body you are dealing with will tip you off to whether it is a federal, state, or local government entity.
Look closely at what the government body does: If you have access to a government body's website or some other source of information about it, then you can look at what it does, who is affected by it, and over what geographical region it has authority. There is no precise litmus test here, but you can generally figure out whether the government body has a nationwide, statewide, or local impact, and this will ordinarily correspond to its place in federal, state, or local government, respectively. This will be most obvious with local government bodies that deal with a particular issue (like zoning, parking, or recycling) in a particular town or township.
Consider location: Sometimes, knowing where a government body is headquartered or located is a good gauge of whether it is a federal, state, or local body. For instance, if a government body is housed in your town or city hall, or in a building with other town, city, or county offices, then it is a good bet that it is a local government body. State government bodies will often be located in your state capital, but this is not always a great indicator because federal offices, agencies, and personnel may be located in major cities like the state capital. (Strictly speaking, federal offices could also be located in small towns, so keep in mind the other factors discussed above.) The main headquarters of most federal agencies and other federal government bodies are in Washington, D.C.
Pick up the phone: The surest way of determining whether a particular government body is part of the federal, state, or local government is to call and ask. While you're at it, you might ask more specifically whether the government body is subject to federal, state, or local open records and open meetings laws. Ask whomever is helping you to be specific.
Special Considerations for Courts There are federal, state, and local court systems in every state. For example, if you are in New York City, there is a federal district court (the United States District Court for the Southern District of New York), a state trial court of general jurisdiction (the New York Supreme Court, New York County), and city courts (like the New York City Civil Court and the New York City Criminal Court). These different court systems may have different rules regarding access to court proceedings and court records. See the Access to Courts and Court Records section for details. The federal court system is split into three levels: the U.S. District Courts, the U.S. Courts of Appeal, and the U.S. Supreme Court.
The name of the court will usually tip you off to whether you are dealing with a federal court. The federal trial courts will have names including "The United States District Court for . . .," such as the United States District Court for the Southern District of New York, the United States District Court for the Middle District of Florida, or the United States District Court for the District of New Jersey. The federal appellate courts will have names including "The United States Courts of Appeals for the ___ Circuit," such as theUnited States Court of Appeals for the Ninth Circuit, the United States Court of Appeals for the First Circuit, and the States Court of Appeals for the Federal Circuit. Of course, you shouldn't have any trouble identifying the Supreme Court of the United States as a federal court. In addition, federal courts will be located in a courthouse bearing the name "United States Courthouse," such as the John Joseph Moakley United States Courthouse in Boston, the Phillip Burton United States Courthouse in San Francisco, and the Thurgood Marshall United States Courthouse in New York. For additional information about the federal courts, see the U.S. Courts website. If you are not dealing with a federal court, then in all likelihood you are dealing with a state court. There is great diversity in the names of the state courts, both at the trial and the appellate level. Luckily, anexcellent Wikipedia article lists the names of and provides links to the trial, intermediate appellate, and highest courts of all fifty states, the District of Columbia, and the U.S. territories and protectorates. If you want to confirm the accuracy of this information, you could check it against State Court Sites from an organization called State and Local Government on the Net. (Incidentally, this website can help you find the websites of a huge number of federal, state, and local government bodies, in addition to courts.)
As noted, local courts exist in many counties, cities, and towns. You'll probably know them by their name ("county court," "city court," and the like) and by their location in the county courthouse or similar local building. You can always call the clerk of the court or contact a local lawyer for clarification.
Access to Congress
Congress is not subject to the Freedom of Information Act (FOIA). Nevertheless, both the U.S. House of Representatives and the U.S. Senate have enacted their own rules and have allowed substantial public access to their proceedings and records. You can obtain access to congressional debates and other proceedings, but you need to obtain gallery passes from the office of your Senator or Representative. In addition, networks like C-Span televise and archive a large percentage of floor debates. You also may observe congressional committee meetings, notice of which is posted online. The congressional press galleries offer increased access and support services to members of the press who obtain the proper credentials, but the galleries place limitations on who can qualify for credentials. Finally, the U.S. government's own online portals provide congressional information and documents, and private organizations have developed fantastic tools for finding and organizing this information. We provide links to many of these resources below.
disclose matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States; relate solely to matters of committee staff personnel or internal staff management or procedure; tend to charge an individual with crime or misconduct, to disgrace or injure the professional standing of an individual, or otherwise to expose an individual to public contempt, or will represent a clearly unwarranted invasion of the privacy of an individual; disclose the identity of any informer or law enforcement agent or will disclose any information relating to the investigation or prosecution of a criminal offense that is required to be kept secret in the interests of effective law enforcement; disclose information relating to the trade secrets of financial or commercial information under certain circumstances;
divulge matters required to be kept confidential under other provisions of law or government regulations.
Senate committees must give public notice of their hearings at least one week in advance. The notice must give the date, place, and subject matter of the hearing. See Senate Rule XXVI(4)(a). The Senate Rules do not specify where committees must post this notice, but as a matter of practice they will do so on their websites and in the Congressional Record. For links to Senate committee websites, see the Senate Committee Portal. Finally, Senate committees and subcommittees must make publicly available through the Internet a video recording, audio recording, or transcript of any meeting not later than twenty-one business days after the meeting occurs. See Senate Rule XXVI(5)(e)(2)(A). House Committees As a general rule, House committee hearings and meetings are open to the public. House committees may vote to close a meeting or hearing if disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information, would tend to defame, degrade, or incriminate any person, or otherwise would violate a law or rule of the House. They must announce the date, place, and subject matter of hearings to the public at least a week in advance in the Daily Digest and on their websites. For links to House committee websites, see the House Committee Portal. House Rules impose no obligation to post transcripts or audio and video recordings of meetings online, but lobbying efforts are underway to try to change that. Additional Resources for Committees
The Congressional Directory provides a listing of all currently functioning committees in both the House and Senate. Clicking on each committee will bring you to links to the committee's homepage, any subcommittees, and a schedule of upcoming meetings. Transcripts of hearings are usually available from the committees' websites. Capitolhearings.org, a service from C-Span, provides live broadcasts of congressional committee hearings. So does Openhearings.org. The Open House Project provides additional helpful information on congressional committee meetings. The Government Printing Office (GPO) makes available legislative publications that are used in committee meetings.
Media Coverage
Members of the media in possession of proper press credentials are allowed access to the press galleries. Each house administers three galleries, one for press (meaning newspapers), one for periodical press, and one for radio and television. These galleries provide increased access to lawmakers and their staffs, and include workspaces and telephones for press use. Gallery staff will assist reporters and answer phones to take messages for the press while congressional proceedings are going on. The press is also given access to official transcripts, notes, and logs of congressional proceedings, and when lawmakers want to issue press releases, copies are generally handed out to everyone in the press gallery. Senate Galleries The Senate's three galleries are:
The Senate Daily Press Gallery The Senate Radio/TV Gallery The Senate Periodical Press Gallery There is also a Senate Photographer's Gallery
The House Press Gallery The House Radio-Television Correspondents' Gallery The House Periodical Press Gallery
Each has its own credentialing process. For example, the Senate Press Gallery requires that the reporter reside in Washington. The Senate Periodical Press Gallery requires that the periodical in question provide coverage of Washington issues on a continuing basis. A common requirement is that the reporter's organization not be engaged in lobbying activities. The House Press and Radio-Television Galleries advise applicants to go through their Senate counterparts for membership. In contrast, the House Periodical Press Gallery credentials its own members as well as its Senate counterpart, and maintains a list of recognized periodicals. See each gallery's web page for their particular applications and restrictions. The Periodical Press Galleries may be the closest fit for most online publishers. The House application is available online and states that the process can take up to six months. See itsRules and Regulations for details. The procedures for the Senate Periodical Press Gallery are a bit more ambiguous. It provides two similar but not identical "Rules" pages. One instructs applicants to apply through the House Periodical Press Gallery, and the other instructs applicants to apply through the Senate.
http://www.senate.gov/galleries/pdcl/rules.html http://www.senate.gov/galleries/pdcl/rules.htm
The Open House Project has an excellent entry that details the procedure bloggers and online journalists have gone through to obtain membership in the congressional press galleries. It also describes the battles that have been fought to secure the right of online media to gain access to Congress, including the story about WorldNetDaily's eventually successful fight for credentials.
U.S. Senate Legislation & Records Homepage U.S. House of Representatives Office of the Clerk, House Documents Page The Library of Congresss THOMAS - This official legislation tracker from the U.S. Library of Congress (LOC) features the progress of pending and completed legislation. The LOCs website also contains a number of other resources for congressional information. The Congressional Record - The Congressional Record, published daily when Congress is in session, is the official record of the proceedings and debates of the United States Congress. It includes the accounts of debates, votes, legislation, and committee meeting announcements. Records are available from 1994 on. Congressional Reports - Congressional reports originate from congressional committees and deal with proposed legislation and issues under investigation. The database for the current Congress is updated irregularly, as electronic versions of the documents become available. Reports are available from the 104th Congress (1995) and on. Congressional Hearings - Hearings released to the GPO are searchable and browseable on GPO Access. Reports are available from the 104th Congress (1995) and on. U.S. House of Representatives House Members' Public Disclosures - Members, officers, and staff of the U.S. House of Representatives are required by certain House Rules and federal statutes to file official documents on travel, income, gifts, etc., and to make this information available to the public. These documents are filed with the Clerk of the House.
The Government Accountability Office - This is a congressional organization that serves as a watchdog over federal agencies policies and expenditures, and maintains online reports of its findings. The GAO site features a searchable database of many of these records. The National Archives, Center for Legislative Archives- A useful resource for historical research, the Center for Legislative Archives has documents going back to the First Congress in 1789, some of which are available online.
Opencongress.org - Another bill tracker that also contains biographical information on individual Representatives and Senators and committee information. It also features legislation-oriented blogs and news content. The Sunlight Foundation - A foundation founded in January 2006 with the goal of using Internet technologies to help citizens learn more about what their elected representatives are doing and ensure greater transparency and accountability in government. On its website, the foundation provides a list of "Insanely Useful Web Sites"for accessing, tracking, and organizing government information and legislative data. LOUIS - A beta release of the Sunlight Foundation that allows users to search seven categories of legislative and executive documents: Congressional Reports, Congressional Record, Congressional Hearings, Federal Register, Presidential Documents, GAO Reports, and Congressional Bills & Resolutions.
Any person can file a FOIA request to gain can access to presidential records under the Presidential Records Act.
The Federal Register makes the Public Papers of the President available to the public, including proclamations, executive orders, messages to Congress, speeches, press conferences and other documents such as the President's schedule of meetings released by the Office of the Press Secretary.
Under the Presidential Records Act, you can access documentary materials "created or received by the President, his immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise and assist the President." According to the definitions section of the Act, this includes books, correspondence, memoranda, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films and motion pictures.
The Federal Register archives its records online, and has a helpful search guidance page at http://www.archives.gov/presidentiallibraries/research/guide.html.
Though the Archivist of the United States will take FOIA requests for presidential records available to the public through the Presidential Records Act, it suggests on itswebsite to submit requests to the appropriate Presidential Library. You can find a list of such libraries here. See the section on Filing a FOIA Request in this guide for more information on FOIA.
If your request for records is denied in whole or in part, you may appeal the denial of access under the Presidential Records Act. The National Archives and Records Administration outlines an administrative appeal process in its NARA Code of Federal Regulations 36 CFR 1270.42. The basic procedure is:
1.
1. 2. 3. 4.
File a written appeal with the appropriate presidential library within 35 days of the denial Explain in the appeal the specific reasons you believe you should have access to the records The appropriate presidential library director then has 30 days to consider the appeal and to respond in writing with the basis for the determination. The director's decision to withhold records is final and is not subject to judicial review.
You may also choose to file a lawsuit in federal court. See American Historical Association v. National Archives and Records Administration, 310 F.Supp.2d 216 (2004).
You can not request access to presidential records during the President's term of office. FOIA does not apply to offices within the Executive Office of the President whose function is to advise and assist the President. Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136, 156 (1980) (noting that the term agency does not include the President's immediate personal staff or units in the Executive Office whose sole function is to advise and assist the President.) However, after a President leaves office, the Presidential Records Act allows access to these records. So, for instance, right now, you cannot request access to President Bush's presidential records through FOIA. But, 5 years after President Bush leaves office, the Presidential Records Act would allow you to access those same records through FOIA.
A former or incumbent president may restrict access to presidential records for up to twelve years if he claims an exemption based on section 2204 of the Presidential Records Act. These six exemptions are for national security information, information relating to appointees to Federal office, information specifically exempt from disclosure by statute, trade secrets and confidential business information, confidential conversations between the President and his advisers, and files which if disclosed would constitute a "clearly unwarranted invasion of privacy." 44 U.S.C. s.s. 2204(a)(1)-(6). After twelve years, these exemptions no longer apply. The regular exemptions under FOIA may apply, however, so you should review the section on FOIA Exemptions before concluding that you are automatically entitled to the information you seek.
In November of 2001, President Bush issued Executive Order 13233 - Further Implications of the Presidential Records Act which gives current and former presidents and vice presidents authority to request that the release of their presidential records be withheld or delayed.
If you are wondering how attending court proceedings or combing through court records might be valuable to you, here are several great reasons to consider acquiring -- and publishing -- information available from the courts: Youre interested in reporting on justice or the functioning of the court system Some believe that courts dispense justice; others believe that the law is divorced from justice. One good way to explore this issue is by attending a trial. Non-traditional journalists have already had highly visible success in covering court proceedings, as seen in the 2007 trial of Lewis Scooter Libby. A blogger from Firedoglake.com gained press credentials, live-blogged the trial, and provided the public with what the New York Times described as the fullest, fastest public report that traditional reporters used to fact check their stories. Salon applauded Firedoglake for producing insightful and superb coverage that simply never is, and perhaps cannot be, matched by even our largest national media outlets. In this case press credentials were necessary due to the intense public interest, but usually theyre not needed for courtroom access. If you are interested in reporting on justice or the functioning of the court system, you should review the sections on access to federal court and state court proceedings for guidance on how to attend court proceedings. You may want to consult court records to get a better understanding of what is happening in court. For details, see State Court Records and Federal Court Records. You enjoy publishing a good story Attorneys engage in storytelling to win the case for their clients. Conflicts are inherently interesting, and the stories presented at trial tend to offer different interpretations of the truth. Tensions run high, and you may find yourself caring deeply about a previously unknown issue. As a result, courtroom dramas can make compelling subjects for blog posts and other website content. You need merely look at the Citizen Media Law Project Blog for evidence of this and the many fascinating "stories" we cover in the Legal Threats Database. If you enjoy publishing a good story, you should visit the page on Access to the Jury and Trial Participants to find out how to properly contact court participants such as judges, lawyers, parties, witnesses, and jurors to get the juicy details that will bring your story to life. You have a pre-existing interest in one of the parties in a court proceeding If a certain person or institution interests you, following their footprints in court often yields a wealth of information. For example, as part of their coverage of the 1972 election, the Washington Post sent a young journalist on a low level assignment to attend the arraignment of five men who had been arrested for breaking into the Democratic National Committees headquarters. As the journalist paid close attention to the proceedings, he quickly realized that there were more questions that needed investigating. If Bob Woodward hadnt attended that seemingly minor court proceeding, the Watergate story might never have been broken. Besides the obvious value of attending court proceedings, there is a wealth of information available in court records about individuals, corporations, and other organizations that can further aid your investigations. See the sections on access to federal and state court records for guidance on how to access this information. You enjoy historical research Court records can be immensely helpful to historians in two major ways: specific court cases can illuminate a certain aspect of history, and court records in aggregate can show statistical trends that highlight social, cultural, or structural changes. For genealogists, court records can also reveal family relationships, places of residence, occupations, physical or personality descriptions, or naturalization dates. Refer to Genealogy.com and Ancestry.com for more information on how mine court records for information on your family. If you enjoy historical research, you will find a wealth of information in court files, a growing percentage of which are now available electronically. The sections on access to federal and statecourt records should help you find the right place to look for the information you need. Where to Begin Now that we've whetted your interest in court proceedings and records, it's time to do some research so that you will be able to get access to what you need. Before you jump into the materials in this guide, however, you should first determine whether the documents and/or proceedings you are interested in are associated with the federal court system or a state court system. The the page on Identifying Federal, State, and Local Government Bodies should help, as will a preliminary visit to the courthouse. Once you've figured out what information you want and where it is located, you should browse the following sections to get a full understanding of your right to access court records and court proceedings:
Access to Federal and State Courts: Describes your right to attend court proceedings and access court records.
Access to Jury and Trial Participants: Explains how to properly contact court participants such as judges, lawyers, parties, witnesses, and jurors.
Remedies if You Are Denied Access to Court Proceedings: Outlines the procedures you should follow if a judge closes a court proceeding you wish to attend.
Practical Tips for Accessing Courts and Court Records: While we can't guarantee that you will get every court record or attend every court proceeding you desire, the tips listed on this page will help ensure that you take full advantage of the wealth of information available through state and federal courts.
Access to State and Federal Courts Access to Jury and Trial Participants Remedies if You Are Denied Access to Court Proceedings Practical Tips for Accessing Courts and Court Records
Intellectual Property
Intellectual property is a blanket term for multiple areas of law that govern the ownership and rights to "products of the mind." Many, but not all, intellectual property laws seek to encourage innovation and creativity, with an ultimate aim of promoting a general benefit to society. They typically do so by granting a bundle of rights to the originator of the work or creation. Intellectual property encompasses four areas of law, each of which governs creations of different types and promotes different policies: Copyright: Copyright law protects the fruits of creative efforts, called "original works of authorship" in legal terminology. A copyright owner enjoys the exclusive right to reproduce the work, distribute it, display or perform it, and to create derivative works from it, as well as the ability to transfer any or all of these rights. Copyright protection generally lasts for seventy years beyond the death of the original author. Copyright's purpose is to stimulate the production of creative works by giving authors a financial incentive to create new works. Examples of copyrightable works include blog posts, photographs, videos, podcasts, news articles, musical compositions, and computer software. See the Copyright section in this guide for more information. Trademark: Trademark law creates usage rights in words, phrases, symbols, and other indicators that identify the source or sponsorship of goods or services. The owner of a valid trademark can stop others from using its trademark or a similar mark in connection with similar goods and services. The owner of a famous trademark may also stop others from using it in connection with dissimilar goods or services. The main purpose of trademark law is to protect consumers from confusion about the source of a particular good or service, and a secondary purpose is to protect companies that have spent time, effort, and money to create a positive association between their trademarks and their goods and services. Examples of trademarks include the word "Cheerios" for breakfast cereal, the Apple logo for computers, and YouTube's slogan "Broadcast Yourself" for video-hosting services. See the Trademark section in this guide for more information. Trade Secrets: Trade secrets law protects secret information that a company or other organization creates or compiles to give it an economic advantage over its competitors. A trade secret owner can stop others from acquiring its trade secret through improper means, such as theft, trespass, hacking, or breach of a confidentiality agreement, or from disclosing it to others under certain circumstances. Trade secrets law is aimed at encouraging research and innovation and maintaining high standards of commercial morality. Examples of trade secrets include the technical specs of an unreleased product, confidential customer lists, and manufacturing processes and formulas. See the Trade Secrets section in this guide for more information. Patent: Patent law provides ownership rights and protection for unique processes, procedures, methods, inventions, and discoveries. It gives the patent owner the exclusive right to exploit (i.e. create, use, sell, distribute) the invention for a limited period of time (typically twenty years from the time of a patent application filing). Patent law's purpose is to spur innovation by giving inventors a financial incentive to invent. We do not cover patent law in this guide. For general information, see the U.S. Patent and Trademark Office's General Information Concerning Patents.
Copyright
A basic understanding of copyright principles is essential for any blogger, researcher, reporter, photographer, or anyone who publishes their creative works. Its important for two reasons. First, you should understand how you can properly make use of someone elses work quoting from it, reprinting it, summarizing it, even satirizing it. And second, you should understand how you can protect your own legal rights in what you create, so that others dont take unfair (even unlawful) advantage of it. Like any area of the law, copyright can get complex at its outer limits. However, a working knowledge of copyright law is not hard to acquire and will guide you through nearly all the situations you are likely to face in your day to day work. What Copyright Covers Lets start with some of the building blocks. First, all copyright law is federal law and therefore uniform across the country (in theory). States have no role, because the Constitution gives Congress the sole "power . . . [t]o promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Congress first exercised this power to establish copyrights (and patents) in its first meeting in 1791, and it has regularly revised and updated the law ever since. Though the last comprehensive copyright revision was enacted in 1976, Congress has passed many new copyright laws and amended others sometimes after highly contentious lobbying and debate in the digital era. Second, copyright law covers an extraordinarily broad range of creative work. The law calls them "works of authorship" but copyright protects almost all creative work that can be written down or otherwise captured in a tangible medium:
Literary works which is basically prose, whether a news story, scientific paper, novel, poetry, or any other form of "words-only" (or words-and-pictures) creative work. Musical works both the lyrics and the music, whether from advertising jingles to symphonies. Dramatic works plays, including any accompanying music. Pictorial, graphic, and sculptural works photographs, drawings, paintings, and any other kind of two- or three-dimensional art. Motion pictures and other audiovisual works movies, television shows, YouTube videos, and any kind of multimedia. Sound recordings in addition to the copyright on words and music (above) a separate copyright protects a recording artists rendition of a work Architectural works blueprints and similar plans for buildings.
For more information on works protected under copyright law, see the section in this guide onCopyrightable Subject Matter. Copyright Ownership Owning a copyright gives you the exclusive right to publish, copy or otherwise reproduce the work; to distribute the work publicly (or not so publicly); and to perform or display the work, if it is a work of performance or visual art. Owning a copyright also gives you the exclusive right to prepare "derivative works," which are the original works in new forms for example, a translation into another language, or a movie made from a novel, or a revised or expanded edition of an existing work. Someone who does these things without your permission is infringing your copyright, and the law provides recourse to you. For more details on the exclusive rights granted to a copyright owner, see the section on Rights Granted Under Copyright. Third, copyright is extraordinarily easy to acquire. In fact, you really need do nothing at all the law provides that copyright springs to life and protects an authors work from the time the work is fixed in a tangible medium of expressionfrom which [it] can be perceived reproduced, or otherwise communicated . . . . So when words are put on paper, or paint to canvas, or sights to a videotape, digital camera or cellphone, or even when any of the above are stored in a computers memory theyre copyrighted. Thats it. They dont have to be published. There is no requirement to put a copyright notice on it (though that is often helpful). There is no requirement that it be registered with the Copyright Office in the Library of Congress (though commercial publishers routinely do that, to show up in the database of copyrighted works.) If you are interested in registering your work with the Copyright Office, consult the section on Copyright Registration and Notice. The law requires only that copyrightable works of authorship be "original" but that is an easy hurdle to clear. Unlike the patent laws, there is no requirement that a work be innovative, meritorious, or even particularly bright or interesting. A work of authorship just can't be a copy of anyone else's work, and it must have some modest degree of creativity to it. In 1991, the Supreme Court ruled that an ordinary white-pages telephone book was not sufficiently creative to be copyrighted, but that gives you an idea of how low the barrier is. Any "work of authorship" that you create in the honest application of your own skills will likely be sufficiently "original" to be protected by copyright. So what is the catch? None, really, but there are two cardinal principles of copyright that fortunately limit its reach. First, copyright protects the form in which ideas are expressed (the essay, the novel, the news story in the paper or on the blog) but it does not protect the ideas themselves. Nobody owns ideas. You might write the most insightful, original, and brilliant blog post on how to achieve peace in the Middle East or reduce carbon emissions, but from the moment you publish the post anyone may seize upon that idea to expand upon it, analyze it, criticize it, or discuss it in any way they like. What they cant do is reprint your expression of the idea, without your permission. (And, at least in academia and among reputable publications, they ought not to present the idea as their own, or even to discuss it without
first acknowledging that it is your idea. However, because copyright does not protect ideas, the law does not punish plagiarism of ideas. For more information on the distinction, refer to the section on Copyright Infringement.) Second, copyright does not protect facts. No matter how long and hard you work to uncover and report facts, no matter how significant the impact of your reporting, you dont own those facts. Anyone can repeat them, so long as they do not copy your story itself. By the same token, of course, you can appropriate facts that someone else has reported, without copyright concerns. (You ordinarily have an ethical obligation to credit the source of your facts, but its not a copyright obligation.) For more information on the types of works not covered by copyright, consult the section on Works Not Covered by Copyright. As these principles suggest, copyright in its classic formulation is an effort to balance two often-conflicting goals. We want to encourage people to report the news, create art, publish works of history and science, and generally advance knowledge. The law provides the creators the exclusive ownership of their works for a limited time so that they can make money from them. On the other hand, we want to encourage a free flow of ideas, discussion, and intellectual synergy. Facts and ideas are put into the public domain at the moment of birth. In the words of Oliver Wendell Holmes, "the best test of truth is the power of the thought to get itself accepted in the competition of the market. That at any rate is the theory of our Constitution." Abrams v. U.S., 250 U.S. 616, 630 (1919) (Holmes, J., dissenting). Using the Work of Others and Licensing Your Work This effort to achieve balance naturally produces conflict. How can you challenge a blog post proposing a new way to reduce carbon emissions unless you can quote from the copyrighted post itself? Requiring you to get the original authors permission would certainly inhibit the free flow of ideas and would come very close to giving that author control over the idea. To ease this conflict, the law recognizes a principle known as "fair use," which is simply the freedom to use anothers copyrighted work in the course of creating your own copyrighted work. There have always been unspecific but sensible limits to this principle you generally can't, for example, quote anothers work by reprinting it in its entirety, even if you threw in a few new words of your own (on the other hand, if the original work was only a few paragraphs long, you might even be able to do that in some circumstances). Generally, courts recognize that if the borrowing is not excessive, that if it advances the creation of a new work, and if it does not undercut the market for the original work, the use is fair. The section on Fair Use in this guide provides more information on the fair use doctrine. In the digital era, "fair use" has become a battleground. No one challenges the original principles, but instant reproduction and worldwide distribution of any digital work is within everyones reach. Some creators of copyrighted works record labels and movie distributors most prominently have imposed electronic lockdowns, known as digital rights management, on their works. This has led some to claim that these lockdowns extinguish their fair use rights. There is another aspect to this political battle. The Constitution authorizes Congress to protect writings and discoveries for "limited times." In the 19th century, a "limited time" meant no more than 28 years after publication. For most of the 20th century, it meant up to 56 years. But since 1998, it has meant for the life of the author and for an additional 70 years. So, if a 25-year old author creates a work in 2008 and lives another 60 years, that work is protected by copyright until 2138, an extraordinary 130 years. By that measure, most of the works of Henry James and Mark Twain would still be copyrighted today. Many critics of the current copyright structure point to this lengthy protection as an unwarranted distortion of limited time, but the Supreme Court upheld the law in 2003. (As a rule of thumb, any work published before 1923 is probably now in the public domain; any work published since then probably is not, but there are exceptions to both those guidelines.) Because a copyright is intangible property (hence, "intellectual property," a field that also includes patents, trademarks, trade secrets, and now URLs and domain names), it can be bought, sold, given away, bequeathed at death, and licensed to others. Indeed, licensing is an active field in copyright law. An authors contract with a publisher is a license; while the author may retain the copyright, the publisher shares the revenue and edits, prints, and distributes the work. Works may also be sold outright, as newspapers often require freelancers to do. Ownership may also vest in the employer from the outset, if creating copyrighted works is part of ones employment. For more information, visit the sections on Licensing Your Contentand Getting Permission to Use the Work of Others to use someone else's work. There are other aspects to copyright law that can be useful to know. For example, works of the US Government are never copyrighted and hence can be reproduced without payment or permission. Copyrighted works such as music, movies, and drama may be performed or displayed (but not copied) without permission in the course of face-to-face teaching and distance learning in schools and universities. A library user is generally entitled to make a single copy of a copyrighted work for private study and scholarship. In the sections that follow, we lay out further specifics about the principles described above. This guide is not a full treatise on copyright law, but it does provide what we hope is a good understanding of what you need to know, both to make intelligent use of others creative works and to protect your own.
What Copyright Covers - Describes copyrightable subject matter and the rights granted under copyright.
Copyright Ownership - Explains different types of authorship, the registration and notice process, and how to license your work to others.
Using the Work of Others - Describes the types of works not covered by copyright, the doctrine of Fair Use, linking to another's work, getting permission to use another's work, the issues that arise from circumventing copyright controls, and copyright infringement.
Notice-and-Takedown - Outlines the steps involved in issuing and responding to aDMCA takedown notice related to copyrighted material and explains the immunityprovision for user-submitted content under the DMCA.
What Copyright Covers Copyright Ownership Using the Work of Others Copyright Claims Based on User Content
Trademark
A trademark is a word, phrase, symbol or other indicator that identifies the source or sponsorship of goods or services. If an individual, business, or other organization uses a trademark to sell or promote its goods or services, then it can gain the right to exclude others from using the trademark in connection with similar goods or services. Owners of famous trademarks, like "Windows," "McDonald's," or "Google," may also stop others from using them in connection with even dissimilar goods or services. Trademark law is a branch of intellectual property law that is governed by both federal and state laws. By far the most important trademark law is the federal Lanham Act; because state laws generally follow the Lanham Act, this guide focuses on it exclusively. A basic understanding of trademark law is important to your online activities for two reasons. First, as a provider of goods or services (e.g., online publishing, educating the public, newsreporting), you may want to use trademarks to identify your work to the consuming public. In that case, you'll want to understand how to protect your legal rights, so that others do not unfairly take advantage of your reputation and the positive association you've built up between your trademark(s) and your work. Second, you should understand how you can properly make use of someone elses trademark for purposes of news reporting, commentary, and criticism. This overview page and the more detailed sections that follow will help you to understand both of these important aspects of trademark law. Common examples of trademarks include "Yahoo!" in its characteristic red font, YouTube's slogan "Broadcast Yourself," and the venerable "New York Times."
Many trademarks use a stylized font or logo, but a trademark can be as simple as plain text, such as "iPod," or a domain name, such as "hotels.com," so long as the trademark owner uses it to identify its products or services. Trademarks are not limited to traditional marks like text, images, or symbols, but can be anything that acts as a source-identifier for goods or services. Examples of such non-traditional trademarks are the color brown for a shipping company (a trademark of UPS), the sound of chimes for a television channel (a trademark of NBC), and the scent of plumeria for yarn. For more information about what can constitute a trademark, see the section on What Trademark Covers. Not all trademarks receive the same degree of protection. They differ in strength according to their distinctiveness. Generally, the more unique or distinctive the mark is, the greater protection it receives. On a spectrum of decreasing distinctiveness, marks are classified as: (1) fanciful, (2) arbitrary, (3) suggestive, or (4) descriptive. Fanciful marks (made-up words like "Kodak"), arbitrary marks (existing words used in a way unrelated to their common meaning, like "Apple" for computers), and suggestive marks (those that hint at a quality or aspect of the product or service, like "Coppertone") are considered inherently distinctive. Descriptive marks, or marks that describe the product or service directly such as "The Container Store," are not inherently distinctive and require the showing of "secondary meaning" in order to be entitled to trademark protection. Secondary meaning is acquired when consumers associate a descriptive mark with a particular source. Marks that contain a person's name, such as "Dell Computers," or describe a geographic location, such as "Kentucky Fried Chicken," are also considered descriptive marks.
Lastly, a generic word can never receive trademark protection. A generic word is the common name for the product or service to which it attaches -- for example, calling an email service provider "email" would be a generic mark. For more information on the range of protectability of trademarks, see the section on Naming Your Business: Choosing a Name Capable of Trademark Protection. There are two ways to acquire rights or "ownership" in a trademark. The first is by simply using the trademark in commerce in connection with your goods or services. Trademark rights acquired through use in commerce (so-called "common law" rights) are limited to the geographical area in which the trademark has been used or is reasonably expected to be used. This limitation does not typically arise when a trademark is used online because of its wide accessibility. The second way to acquire rights in a trademark is through federal trademark registration. There are several benefits to federally registering your trademark. Perhaps most importantly, it puts others on constructive notice that you are using and claiming rights in the mark. This notice not only discourages others from using your mark, but also creates certain presumptions in your favor in the event of a lawsuit to enforce your trademark rights. Registration is fairly expensive, however, so you will want to consider whether the benefits of registration justify the expense. View our Trademark Ownership page for more information about obtaining trademark rights, registering a trademark, or protecting your rights once established. In addition, our section on Trademark Law and Naming Your Business provides specific information on choosing a name for your website, blog, or organization. The primary goal of trademark law is to protect consumers from confusion about the source or sponsorship of goods and services. It does this by allowing a trademark owner to prevent others from using confusingly similar marks to attract customers. In other words, the law aims at helping consumers accurately identify the products and services that they want to buy and protects them from deceptive market practices. To illustrate, imagine a consumer - Sally. If Sally buys a new computer that is labeled with the distinctive Dell logo, she can be fairly sure that the computer was made by Dell, Inc. and nobody else. She can rely on Dell's reputation without worrying whether the computer was actually made by Dell or some knockoff, lower-quality company. Trademark law prohibits this kind of confusing commercial activity, and allows Dell to sue companies who engage in it for trademark infringement. In recent years, Congress has expanded the scope of trademark law to encompass harms other than consumer confusion, including dilution and cybersquatting, that we discuss below. Federal trademark law protects against three distinct unlawful activities:
Trademark Infringement: Trademark infringement happens when you use a trademark owner's trademark or a similar mark in a way that is likely to confuse the public about the source or sponsor of your products or services. This is the most common type of trademark claim, and it effectuates trademark's primary purpose of avoiding consumer confusion. See What Trademark Covers for details.
Trademark Dilution: Trademark dilution happens when you use a famous trademark in a way that is likely to weaken its capacity to identify the famous trademark owner's goods or services or to tarnish the reputation of the mark. The trademark owner need not show that you created consumer confusion, and dilution may occur even if your goods or services are completely different from the trademark owner's. Because of dilution law, it's probably not a good idea to call a blog "Kodak News" or "McDonald's Blog," unless it is actually about Kodak or McDonald's (in which case you should readUsing the Trademarks of Others carefully). For details on trademark dilution, see What Trademark Covers.
Cybersquatting: Cybersquatting occurs when you register, use, or sell a domain name with a bad faith intent to profit from someone else's trademark. Congress passed the Anticybersquatting Consumer Protection Act in 1999 to stop speculators from buying up multiple domain names and selling them at exorbitant prices to the legitimate owners of the associated trademarks. Certain uses of another's trademark in a domain name may still be protected from liability for cybersquatting. For details, see theCybersquatting section.
Although trademark law provides trademark owners with a powerful tool for protecting the integrity of their trademarks, the law does not permit them to silence legitimate reporting, commentary, criticism, and artistic expression. As one court put it: "Trademark rights do not entitle the owner to quash an unauthorized use of the mark by another who is communicating ideas or expressing points of view." L.L. Bean, Inc. v. Drake Publishers, Inc.,811 F.2d 26, 29 (1st Cir. 1987). Because of the important role that trademarks play in our cultural vocabulary, "much useful social and commercial discourse would be all but impossible if speakers were under threat of an infringement lawsuit every time they made reference to a person, company or product by using its trademark." The New Kids on the Block v. News America Publ'g, 971 F.2d 302, 306 (9th Cir. 1992). The good news for media creators is that the courts have careved out protections for the public's right to use the trademarks of others in criticism, commentary, news reporting and other forms of noncommercial expression. This point is of special importance not only to journalistic sites, but also to gripe sites that focus criticism on particular companies and often use the companies' trademarks in their domain names. However, while the law is solicitous of your rights of free expression, the legal doctrines in this area are complicated, and so it may be difficult to understand just how the law protects your use of a trademark in a particular act of reporting, commentary, criticism, and the like. If you want to make use of another's trademark in the course of these kinds of activities, you should consult the section on Using the Trademarks of Others.
Finally, if you host user-generated content, such as user comments, you'll want to consider whether trademark law will hold you responsible for materials posted on your website or blog by your users. Unfortunately, the protection provided by the "safe harbors" of the Digital Millennium Copyright Act and Section 230 of the Communications Decency Act generally do not protect you from trademark claims. For details, see Trademark: User-Generated Content. This guide is not a full treatment of trademark law, but it does provide what we hope is a good understanding of how to deal with the legal issues surrounding trademarks. In the sections that follow, we lay out further specifics about the principles described above.
What Trademark Covers Using the Trademarks of Others Cybersquatting Trademark: User-Generated Content
Trade Secrets
A trade secret is a form of intellectual property that applies to business secrets. If a company or other organization creates or compiles information that gives it an economic advantage over its competitors, it can protect that information as a trade secret -- in a sense becoming the "owner" of the trade secret. To do so, however, a business must take reasonable precautions to keep the information secret, and it loses its property right when competitors or the public at large uncover the secret. Trade secrets law is governed by state law. However, most U.S. states have adopted their own slightly modified version of the Uniform Trade Secret Act (UTSA), so there is a good deal of uniformity among state laws on the subject. For state-specific information, please see the State Law: Trade Secrets section of this guide. The main goal of trade secrets law is to provide a way for businesses to capitalize on their unique practices or knowledge created through their time and effort. Unlike copyright, trade secrets law protects ideas and facts, rather than just the form in which they are expressed. A trade secret can be any kind of information relating to a business -- formulas, plans, designs, patterns, supplier lists, customer lists, financial data, personnel information, physical devices, processes, computer software, and a catch-all category of "know-how." The most "well known" trade secret is the "secret formula" for Coca-Cola, which has been kept under wraps for more than 100 years. By definition, trade secrets are not disclosed to the public. In this way, they are different from inventions and creative works that are copyrighted or patented. And, in contrast to copyrighted or patented information, trade secrets are not time-limited -- they last as long as the company manages to keep them secret. The company that creates them has the sole ability to exploit the secret as long as it manages to keep it from becoming public knowledge. The catch is that trade secrets can disappear without warning or any specific period of time passing. Once disclosed, they're gone. In addition, trade secrets law provides no protection against someone independently developing the owner's trade secret information or reverse engineering it from a finished product. For the most part, trade secrets law is directed against industrial espionage and ex-employees sharing their former employers' proprietary information with new employers. You might justifiably ask, then, what all this has to do with citizen media and online publishing? Trade secrets law prohibits publishing someone else's trade secrets under certain circumstances, and businesses and other organizations sometimes look to trade secrets law as a way of stopping the traditional and non-traditional media from publishing valuable, sensitive, or damaging information. Many readers may recall Apple's dispute with Think Secret, AppleInsider, andO'Grady's PowerPage over leaks of confidential information about unreleased Apple products before MacWorld 2005. Apple turned to trade secrets law to make out its case. Ultimately, the courts never decided the merits of Apple's trade secrets claims because Think Secret settled and ceased operations, and Apple voluntarily withdrew its lawsuit against the other sites after a California court upheld the website operators' right to protect the identity of their sources under the California shield law. For additional details on the lawsuits, see our database entries,Apple v. DePlume and Apple v. Does. Going back to 1999, Ford sued a website operator named Robert Lane for posting its confidential documents and photographs on his site. Current and former Ford employees had provided Lane with secret materials in violation of their confidentiality agreements with the auto giant. The court found that Lane had likely violated the Michigan Trade Secrets Act, but held that the First Amendment to the U.S. Constitution did not permit the court to order Lane to remove the photographs and documents from the Internet. See Ford Motor Company v. Lane, 67 F. Supp. 2d 745 (E.D. Mich. 1999), for details. If, like many people, your online activities are limited to synthesizing and commenting on materials you find online, then trade secrets law will not have any real impact on you. For a business to protect information under trade secrets law, the information must be secret. If you can find a piece of information by searching the Internet, then in all likelihood so can the company's competitors, and that information is not a trade secret. If, on the other hand, you engage in investigative reporting or regularly rely on confidential sources, you should familiarize yourself with trade secrets law in order to avoid potential liability and to stand up for yourself should someone send you a cease-and-desist letter. There are two scenarios where trade secrets problems are likely to come up; in legal terminology, this is when a court could find that you have "misappropriated" a trade secret. Scenario One: You personally acquire a trade secret by improper means, such as theft, trespass, hacking, or breach of your own employment contract, even if you do not publish the trade secret. This type of conduct is outside the scope of this guide. If you are accused of engaging in such activities, we suggest that you seek immediate legal assistance. See the section on Finding Legal Help for some suggestions. Scenario Two: You publish secret information received from a source and you know that the source acquired it through theft, hacking, or some other improper means, or breached a duty of confidentiality by giving it to you. This later situation could easily come up if you rely on employee sources for information about a company. If you want to rely on insider sources or are simply curious about what qualifies as a trade secret and what activities may cause trade secret liability, please see Basics of a Trade Secret Claim.
If you are considering publishing information that might be considered a trade secret, don't be intimidated. Not every company document is a trade secret, and a business ordinarily cannot stop you from publishing embarrassing -- but not secret or economically valuable -information. Even if you publish a bona fide trade secret, the First Amendment of the U.S. Constitution may protect you from having to take it down and even from paying damages, especially if you publish the trade secret in order to report or comment on a matter of public concern. To illustrate both points, imagine that a source inside the XYZ Tire Company provides you with a secret company memorandum revealing a hazardous defect in the company's tires; you may have a host of legal arguments why publishing that information is lawful, including that the information in the memorandum is not a trade secret and that the First Amendment protects your activity. Keep in mind, however, that the law is not clear in this area. If you are interested in the legal protections the law may offer your publishing activities, consult thePublishing Trade Secrets section. In the sections that follow, we lay out further specifics about the principles described above. This guide is not a full treatment of trade secrets law, but it does provide what we hope is a good understanding of the legal risks surrounding trade secrets.
copyright, trademark, and trade secrets, as well as the procedures you should follow under the DMCA, in the section onIntellectual Property. Fifth, if you are blogger or social media user who reviews or otherwise writes about products and services, the Federal Trade Commission recently issued "Guides Concerning the Use of Endorsements and Testimonials in Advertising" that may impose disclosure requirements on you. These guidelines require that you disclose "material connections" you may have with a company whose products or services you "endorse." Without the legal jargon, this means that bloggers and social media users must disclose their relationship with a company when they are being paid or otherwise compensated by the company to comment favorably on its products or services. We cover these requirements in the section on Publishing Product or Service Endorsements. Lastly, as you publish your work online you may want to correct things you have previously published. Your willingness to fix past errors in your work will provide several benefits. It will make your work more accurate and reliable and will likely diminish your liability for defamation and other potential legal claims. We explain the benefits of correcting your errors and provide some practical tips for handling requests to correct or remove material in the section on Correcting or Retracting Your Work After Publication.
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AutoAdmit
NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute.
Threat Type: Lawsuit Status: Concluded Disposition: Settled (total); Subpoena Enforced
Legal Claims: Copyright Infringement; Defamation; False Light; Intentional Infliction of Emotional Distress; Negligent Infliction of Emotional Distress; Publication of Private Facts; Right of Publicity
Two female Yale Law School students, captioned as Does I & II, sued Anthony Ciolli, the former chief education director of the popular law school admissions forum, AutoAdmit, and a host of pseudonymous users of the forum over vulgar, sexually... read full description
Parties
Party Receiving Legal Threat: Anthony Ciolli; Mathew C. Ryan; Ryan C. Mariner; Individuals whose true names are unknown
Type of Party: Individual Location of Party: Connecticut Legal Counsel: Mark A. Lemley; David N. Rosen; Ashok Ramani; Benjamin W. Berkowitz; Dorothy McLaughlin; Rose Darling; Steven Mitra
Type of Party: Individual Location of Party: Pennsylvania Legal Counsel: Marc Randazza (Ciolli); Charles E. Vermette, Jr.; Daniel J. Hoppe, Jr.; Orlando P. Ojeda, Jr.; W. Anthony Collins, Jr. (A horse walks into a bar); John R. Williams (AK47); Joseph G. Fortner, Jr.; Susan J. O'Donnell (Matthew C. Ryan, aka ".D")
Description Two female Yale Law School students, captioned as Does I & II, sued Anthony Ciolli, the former chief education director of the popular law school admissions forum, AutoAdmit, and a host of pseudonymous users of the forum over vulgar, sexually explicit, and threatening comments posted about them on the forum. In addition to making numerous derogatory and sexually explicit statements about the two students, pseudonymous users of the site created another website, t14talent: The Most Appealing Women @ Top Law Schools(now defunct), and posted photographs of one of the students without her permission. (Although the complaint is not entirely clear on this point, the student claims copyrightownership in these photographs in addition to publicity rights, indicating that she may have been the creator of the photos and posted them online.) According to the complaint, the two students complained about the forum postings to the AutoAdmit staff, but AutoAdmit did not remove the material. Ciolli disputes that he had any authority to remove the offensive postings. In June 2007, the two students sued in federal court in Connecticut, asserting claims ofdefamation, copyright infringement, unauthorized appropriation of name and likeness, unreasonable publicity given to another's life, false light invasion of privacy, and other torts. Soon after filing, they moved to proceed anonymously, and the court granted that request. In August 2007, the plaintiffs moved to modify the court's scheduling order in order to give them time to investigate the identity of the pseudonymous defendants and to amend their complaint. The court granted the initial request and two subsequent requests for thirty-day extensions, the last of which was requested on October 4. According to a tip posted on David Lat's Above the Law blog, it is unlikely that the court will grant a fourth extension, so an amended complaint may be forthcoming relatively soon. Update: 11/8/07 - Plaintiffs filed an amended complaint dropping Ciolli from the lawsuit. 1/24/08 - Plaintiffs filed a motion for expedited discovery seeking to uncover the identities of the pseudonymous posters listed in the complaint. 1/29/08 - Court granted motion for expedited discovery. 2/22/08 - Pseudonymous defendant "AK47" moved to quash the subpoena directed at AT&T requesting information about his identity.
3/2/08 - Plaintiffs deposed former defendant Anthony Ciolli, at which Ciolli acknowledged that his AOL Instant Messenger username is "AnthonyCiolli." 3/4/08 - Former defendant Anthony Ciolli filed a lawsuit in Pennsylvania state court against the plaintiffs, their lawyers, and other defendants for wrongful initiation of civilproceedings, abuse of process, libel, slander, false light invasion of privacy, tortious interference with contract, and unauthorized use of name or likeness. 3/18/08 - Plaintiffs issued a subpoena to AOL seeking the names of "all persons who have registered or used" the username "AnthonyCiolli" and related information about the account, including "other user names and login IDs and/or Internet Protocol ("IP") addresses associated with the IM username 'AnthonyCiolli.'" 4/7/08 - Ciolli filed a motion to quash the AOL subpoena in federal district court in Virginia. 06/13/08 - The court denied AK47's motion to quash the subpoena seeking his identity from AT&T. 08/05/08 - Plaintiffs filed an amended complaint that names Mathew C. Ryan (previously known by username ":D") as a defendant. Legal Satyricon "can confirm with 100% certainty that the guy in the complaint is neither an attorney nor a law professor." 8/13/08 - Defendant "a horse walks into a bar", a.k.a Ryan Mariner filed a motion to dismiss, arguing that the plaintiff's have stated no cause of action against him and that they have failed to prosecute the action against him despite offers to accept service made through counsel. 9/10/08 - Plaintiffs filed papers in opposition to Mariner's motion to dismiss. 9/19/08 - The United States District Court for the Western District of Virginia held that the plaintiffs' subpoena to AOL seeking the names of "all persons who have registered or used" the username "AnthonyCiolli" was facially invalid because it was issued from the wrong court. The court determined that it should have issued from the United States District Court for the Eastern District of Virginia. Because the court concluded that it lacked jurisdiction, it did not reach the merits of Anthony Ciolli's motion to quash. 10/26/08 - Plaintiffs filed a notice of settlement and request for dismissal against defendant "Whamo." 3/31/09 - Pennsylvania federal court largely denied the defendants' motion to dismiss Anthony Ciolli's complaint in Ciolli v. Iravani, but gave defendants leave to renew their motion after jurisdictional discovery. The court also struck certain allegations from the complaint relating to settlement negotiations in the Connecticut lawsuit. 4/30/09 - Connecticut federal court denies Matthew Ryan's motion to dismiss. 5/21/09 - Matthew Ryan files his answer to the second amended complaint in Connecticut federal court. 9/29/09 - Plaintiffs filed a Notice of Settlement and Request for Dismissal of Action Against Defendant ":D", A.K.A. Matthew C. Ryan 10/16/09 - Plaintiffs filed a Notice of Voluntary Dismissal of Action Against Remaining Defendants Without Prejudice by Doe 1, Doe 2 10/23/09 - Court dismissed case Related Links:
Justia: Case Docket The Washington Post: Harsh Words Die Hard on the Web Technology & Marketing Blog: AutoAdmit Fiasco Turns into a Lawsuit Concurring Opinions: What's Going on With the AutoAdmit Lawsuit? Wall Street Journal Law Blog Posts: Law Firm Rescinds Offer to Ex-AutoAdmit Executive; AutoAdmit, Contingency Fees and Suing Food Critics; Why Was Ex-AutoAdmit Director Ciolli Sued? Yale Daily News: Law students sue authors of online posts Ars Technica: Yale students unable to identify anonymous forum bashers Wall Street Journal Law Blog: Subpoenas Allowed in AutoAdmit Suit Courant: Yale students name man who allegedly defamed them Legal Satyricon: Another Amended Complaint in the Auto Admit Case Legal Satyricon: "A Horse Walks Into A Bar" Makes His Appearance Legal Satyricon: Auto Admit Plaintiffs Respond to Mariner's Motion to Dismiss Legal Satyricon: Auto Admit Motion to Quash Granted
Details
Legal Satyricon: Ruling on Motion to Dismiss in Ciolli v. Iravani Yale Daily News: Law graduates settle suit Hartford Courant: Ex-Yale Students Settle Internet Defamation Lawsuit
Website(s) Involved:
AutoAdmit t14talent: The Most Appealing Women @ Top Law Schools (acquired and taken down by AutoAdmit)
Publication Medium: Forum
Subject Area(s): Anonymity Copyright Defamation False Light Publication of Private Facts Right of Publicity Section 230 Third-Party Content
Complaint (06-08-2007)
Declaration of Steve Mitra in Support of Motion for Limited Expedited Discovery (01-24-2008)
Order Setting Time to Respond to Ciolli and Third-Party Movant's Motions to Quash (04-29-2008)
Supplemental Memorandum in Support of Motion to Quash and Suggestion of Dismissal for Lack of Subject Matter Jurisdiction (05-11-2008)
Declaration of Rose Darling in Support of Plaintiffs' Opposition to Ryan Mariner's Motion to Dismiss (0910-2008)
Notice of Settlement and Request for Dismissal of Action Against Defendant "Whamo" (10-16-2008)
Notice of Settlement and Request for Dismissal of Action Against Defendant Matthew C. Ryan (09-292009)
Notice of Voluntary Dismissal of Action Against Remaining Defendants Without Prejudice (10-16-2009)