Category Archives: Media Law

Anthrax libel case hits dead end

The Supreme Court has declined to overturn the case of a U.S. scientist incorrectly linked to the 2001 Anthrax killings. Steven Hatfill sued The New York Times for libel, but an appeals court dismissed of the case, saying Hatfill was a public figure and hadn’t met the higher burden of proof in the case.

While I sympathize with Hatfill’s plight, the court made the right call. Hatfill’s problem stems from the government, not from The Times. Case in point: Earlier this year the Justice Department agreed to pay Hatfill $5.8 million to settle his case that government officials violated his privacy by talking about the case with the media.

The Times reports its attorney David E. McCraw said this is:

“an important reaffirmation of Times v. Sullivan,” the seminal 1964 Supreme Court decision that placed constitutional limits on libel suits. That decision, Mr. McCraw said, “is designed to encourage the press to report aggressively on matters of public concern.”

We should all be thankful that NY Times v. Sullivan not only exists, but continues to stand the test of time, regardless of changes in administrations and justices.

Circumsion claim cause for libel suit

The New York Times’s Sewell Chan writes about an unusual libel case involving whether it is libelous to incorrectly report that someone is not circumcised.

A Queens man is suing Centropa, a group with the mission of preserving Jewish culture, for just that. The story is worth a read.

Case exemplifies need for federal shield law

A 60-year-old reporter whose work once led to a Pulitzer Prize for public service is fighting to keep his source for a story on an internal government investigation of a lawyer confidential.

David Ashenfelter of the Detroit Free Press did not reveal his source, and instead claimed the Fifth Amendment. Attorneys for the lawyer, who was in charge of terrorism cases, argue the use of the Fifth Amendment was improper and will continue to pursue the case.

At the heart of this issue is the lack of a federal shield law to protect journalists from revealing their sources. Many states have shield laws, but there is no such federal equivalent. (Does your state have a shield law? Find out here.)

The Society of Professional Journalists and other journalism groups have been calling for a federal shield law for years.

Perhaps with the same party in majority in Congress and in the White House something can be done.

Gov accused of trying to pressure Tribune

First bankruptcy, now bribery.

The Chicago Tribune reports that Illinois Gov. Rod Blagojevich:

Blagojevich and Harris conspired to demand the firing of Chicago Tribune editorial board members responsible for editorials critical of Blagojevich in exchange for state help with the sale of Wrigley Field, the Chicago Cubs baseball stadium owned by Tribune Co.

Whoa!
The one truly great thing about this is it points to the power of the press. If newspapers are truly dying and have no influence, why was Blagojevich allegedly going to such great means to quiet critical voices?

Online journalists top jailed list

More online journalists are in jail than journalists from print or broadcasting, the Committee to Protect Journalists found.

This is the first year online journalists have topped the list. Their stories and countries are here.

Scary libel case decision in NJ

A NJ appeals court has ruled a newspaper can be sued for libel for reporting complaints made in court documents before the case goes to court. (Story here.)

Talk about scary. If a journalist can’t report on government records until the government wants it to, what is next?

Federal court OKs public release of anthrax case info

Score a victory for the New York Times and the Los Angeles Times.

U.S. District Judge Royce Lamberth has ordered the Justice Department to release information used to get search warrants for the home of a former suspect in the 2001 anthrax case and his then-girlfriend. (See full story.)

Former Army scientist Stephen Hatfill has long since been exonerated, but some of you may remember the search. It was shown live on TV, as were comments by the then-Attorney General John Ashcroft that labeled Hatfill “a person of interest.”

The anthrax case is still making headlines, as the FBI centers its case on former Army scientist Bruce Ivins, a suspect who killed himself.

The Watchdogs are alive …

The New York Times and Los Angeles Times have petitioned to get access to secret government records about the anthrax case from 2001. No word on the ruling yet, but I applaud the effort. This ruined Dr. Stephen Hatfill’s life and just because it happened years ago does not mean journalists should let it drop.

If the government was wrong about Hatfill, a man then Attorney General John Ashcroft labeled “a person of interest” in interviews with numerous TV shows, why should we believe it is right about its accusations against a dead man? Hatfill could and did fight the accusations. Bruce Ivins has no such option.

Oh, and Ashcroft’s folly merely cost taxpayers $5.82 million.

All you ever wanted to know about the U.S. Supreme Court

When I was trolling the web for some free speech legal news, I discovered a New York Times page completely focused on the U.S. Supreme Court.

The page includes everything a multimedia package, bios on the justices, court documents, links to blogs and the usual case updates. For media law junkies like me, it is fabulous.

Hello world!

I’ve been meaning to start this blog for a long time. Finally, one article inspired me to do so:

Supreme Court Justices Avoid Dirty Words

I’m going to love following this!