Brotman Q3

Administrative Procedure Act (1946)

Law governing how federal agencies create and implement regulations.

Freedom of Information Act (FOIA, 1966)

Gives the public the right to access federal agency records with exemptions.

Privacy Act

Limits how government collects and uses personal information.

Sunshine Laws

Require government meetings to be open and publicly noticed.

USA Freedom Act (2015)

Reforms and limits surveillance powers previously granted under the Patriot Act.

First Amendment Right of Access

Supports newsgathering but provides limited, not absolute, access rights.

Secretly Recording Police (First Circuit 2020)

Protects covert recording of police in public under the First Amendment.

Access to Public vs. Quasi-Public Places

Access depends on type of property and restrictions imposed by government.

White House Press Pass Access

A privilege that can be limited or revoked by the administration.

Right to Record

Allows recording in public spaces, including police activity, with time/place/manner limits.

FOIA Request Process

Steps for requesting records: submit request, receive response, and appeal denial.

Electronic FOIA (E-FOIA)

Requires federal agencies to make records accessible electronically.

State Public Records Laws (FOIL/FOIA)

State laws granting access to government documents with varying rules.

Metadata as a Public Record

Digital information like timestamps may be considered part of public records.

Personal vs. Government Accounts

Messages on personal devices may qualify as public records if used for official business.

Reverse FOIA Lawsuit

Attempts to prevent the release of information requested under FOIA.

Government in the Sunshine Act

Federal law requiring certain agency meetings to be open to the public.

One-Party Consent Recording

Recording allowed when at least one participant consents.

All-Party Consent Recording

Recording allowed only when all participants consent.

Broadcaster Notification Requirement

Broadcasters must notify callers that conversations are being recorded.

Bartnicki v. Vopper

Allows media to publish lawfully obtained content even if the source obtained it illegally.

Trespass Laws

Journalists have no special protection and cannot enter private property without permission.

Ag-Gag Laws

Restrict undercover recording at agricultural facilities.

Drone Recording Restrictions

State laws regulating drone use for newsgathering.

Open Records Exemptions

National security, privacy, and law enforcement exemptions allow withholding information.

Wiretap Laws

Restrict covert interception or recording of communications.

Harassment and Stalking Limits

Penalize aggressive or intrusive newsgathering tactics.

Tortious Newsgathering

Civil liability for harmful or invasive reporting methods.

Fraud and Misrepresentation

Legal risks when journalists lie or deceive to gather information.

Food Lion v. ABC

Case where ABC was liable for fraud due to undercover reporting using false job applications.

Promissory Estoppel

Enforces a journalist’s promise of confidentiality legally.

Cohen v. Cowles Media

Holds media liable for breaching confidentiality promises.

U.S. Press Freedom Tracker

Database tracking threats, arrests, and actions against journalists.

Journalist Protection Act

Proposed law increasing penalties for harming journalists.

Section 1983 Claims

Civil rights lawsuits filed for violation of constitutional rights by officials.

Recording Technology Issues

Legal uncertainty around tools like drones or hidden mics for recording.

Electronic Media

Media transmitted electronically and regulated differently from print.

Electromagnetic Spectrum

Range of frequencies used for broadcasting.

Wireless Ship Act (1910)

Required ships to have wireless communication for safety.

Radio Act of 1912

First federal law regulating radio transmission.

Radio Act of 1927

Created the Federal Radio Commission and required broadcast licensing.

Communications Act of 1934

Established the FCC and regulated all communications industries.

Spectrum Scarcity

Limited frequencies justify government regulation of broadcasting.

Fairness Doctrine

Required balanced viewpoints on broadcast stations

Red Lion Broadcasting v. FCC

Supreme Court upheld fairness doctrine based on spectrum scarcity.

Public Interest Standard

Requires broadcasters to operate in the public interest, convenience, and necessity.

FirstNet

Nationwide broadband system for first responders.

Federal Communications Commission (FCC)

Regulates electronic media, licensing, and communications law.

Commissioner Requirements

FCC commissioners appointed by president, confirmed by Senate, and politically balanced.

Administrative Procedure Act (APA)

Governs agency rulemaking and applies to FCC decisions.

FCC Ownership Rules

Regulate media ownership to prevent monopolies.

Political Broadcasting Rules (Section 315)

Requires equal opportunity for political candidates.

Equal Opportunity Rule

If one candidate uses airtime, opposing candidates must get equal opportunity.

Exceptions to Use Rule

News interviews and coverage often exempt from equal opportunity rules.

Sponsorship Identification

Broadcasters must disclose who paid for political advertisements.

Section 312(a)(7)

Requires reasonable access to airtime for federal candidates.

Children’s Television Act

Requires educational/informational programming and regulates advertising to children.

Core Programming

Educational programming for children required under FCC rules.

FCC Media Modernization (2018–2019)

Updated rules to modernize children’s programming requirements.

Multichannel Video Programming Distributor (MVPD)

Cable and satellite systems offering multiple channels.

Must-Carry

Requires cable systems to carry local broadcast stations.

Retransmission Consent

Allows broadcasters to negotiate carriage fees from cable systems.

Reno v. ACLU

Supreme Court case granting strong First Amendment protection to internet speech.

Section 230

Shields platforms from liability for user-generated content.

Net Neutrality

Principle that ISPs must treat all internet traffic equally.

Social Media Regulation (Emerging)

Laws and debates over content moderation, deplatforming, and platform responsibilities.