Legal protections for journalists

the truth

the strongest defense when you’re being sued for libel

Statute of limitations

provide a deadline by which you can be sued or prosecuted for something; after the deadline, you can’t be sued or prosecuted for that act

Single publication rule

means that the statute of limitations applies to the first time the statement was published and doesn’t reset if you repeat the statement; not every state has this

Legal privilege

means you have immunity (protection) from a legal process or consequence

Absolute privilege

completely immune from libel liability in these situations

a big example of this is members of congress: you can’t sue members of congress for what they say in an official capcity related to legitimate legislative activity

Speech and Debate clause of Constitution

means members of Congress are immune from lawsuits for what they say in an official capacity related to legitmate legislative activity

Legitimate legislative activities

• Speaking on the floor of the House or Senate

• In a legislative hearing

• In an official investigation

• In a committee report

• While gathering information for legislative purposes

Qualified/conditional privilege

-generally applies to journalists

-if you publish something libelous in limited circumstances, you’re immune

-You’re immune if the source of your information was a privileged proceeding or document and what you wrote was a fair and accurate summary of what happened. Both criteria must be satisfied

Privileged proceedings

-Meetings of legislative bodies (city, state, or federal)

-Open court proceedings (trials and hearings)

Privileged documents

-court records

-official police statements

-official police reports

-official pronouncements from cheif executives, such as proclamations or executive orders

Shield laws

-Laws that immunize journalists from having to give up the names of their sources in court proceedings (or else go to jail) and protect journalists from being harassed by government and prosecutors

-They require entities asking journalists to give up sources to demonstrate that the information is relevant, substantial, & unavailable elsewhere

-They are not a constitutional protection and must be enacted by legislatures

-However, there can be disagreement over who is a journalist. Some states protect those who do writing, reporting and editing jobs in certain media but not others. Student journalists may not be covered

-Balance the First Amendment with the Sixth Amendment

Strategic Lawsuit Against Public Participation (SLAPP)

a lawsuit where someone tries to discourage you from speaking (or reporting) by bullying you with frivolous defamation lawsuits with the intent to wear you down emotionally, psychologically, and/or financially by making you defend high-stakes lawsuits

Anti-SLAPP laws

-discourage people from filing SLAPPs through penalties

-offer a process to determine whether a plaintiff’s case has a reasonable probability of success and if not, the case is dismissed and the defendant can get legal fees paid depending on the jurisdiction

Strong Anti-SLAPP Law

Weak Anti-SLAPP law