11 votes

Are there any US laws protecting journalistic sources?

There's no law against him saying the paper should name the source, nor is there any law against directly asking the paper to name its source. The president was at a campaign rally, and his speech is ...
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  • 44k
11 votes
Accepted

Are there any US laws protecting journalistic sources?

Where the President explicitly tells a newspaper that they should reveal their sources. Is this not illegal in the US? It is not illegal. Well, it would be a U.S. Attorney, rather than the President ...
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7 votes

Can editorial bias be considered medical advice?

No. Practicing medicine involves providing medical advice or providing treatment particular to an individual person's situation.
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  • 134k
3 votes

Does parliamentary privilege have unintended consequences for journalism?

Consequence? Yes. Unintended? Not so much. Source Sources of Parliamentary Privilege In new-south-wales, Parliamentary Privilege derives from Article 9 of the Bill of Rights 1688 (no, 1688 is not a ...
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  • 151k
3 votes

Is it ethical or legal for journalist to request info from school district staff against their own rules?

In a legal sense, if you are posing as a journalist, you can ask anything of anyone, and it's up to them to answer your questions or provide you with photos or documents. If they provide you with ...
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  • 17.7k
2 votes

Can a journalist publish emails sent to him/her by a diplomat at a foreign country's embassy, obtained while undercover, without infringing copyright?

It is not unusual that newspapers publish private correspondence without clearing copyright with the author. One example The Guardian: WikiLeaks embassy cables. AFAIK, no journalist or editor has ...
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  • 3,042
2 votes
Accepted

Is a journalist who uses sex to get information considered a prostitute?

Since you're posting on Law, I will assume that you are interested in the legal definition of prostitution. This depends entirely on the jurisdiction, which you have not specified very precisely (...
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  • 24.9k
2 votes
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DMCA and First Amendment: When can a commentator be compelled to reveal their method of content acquisition?

A copyright or DMCA violation could be civil or criminal, and each has different rules. In a criminal case, the 5th Amendment applies. A person cannot be compelled to incriminate himself. The ...
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  • 6,119
2 votes
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How could the NYT obtain emails?

There is no law against receiving such information, or publishing it. Bartnicki v. Vopper establishes that even if information was obtained illegally (e.g. hacking email), if the publisher does not ...
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  • 160k
2 votes
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Is it legal to publish an edited version of an article without a disclaimer?

Newspapers typically have some public statement to the effect that they reserve the right to edit letters to the editor, though you may have to dig for it. Some papers inform authors of rewordings in ...
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  • 160k
2 votes
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Copyright, fair use, and "news" sites copying articles from each other

The pattern that you are probably referring to is well over the line of "fair use", especially when articles appear in multiple outlets with vast amounts of verbatim copying. There is no way for a ...
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  • 160k
2 votes

When is it OK for law enforcement/intelligence-gathering agents to go undercover as journalists?

They are all detailed in the report linked to the news article. relevantly (p.8): Undercover Operation involving FBI employees posing as members of the news media Undercover Review Committee review ...
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  • 151k
2 votes

Is publication of classified information enough for a journalist to be compelled to reveal sources?

No There are many ways for classified information to be disclosed that do not involve a violation of the law. For example, classified information could be left in a filing cabinet which is sold at ...
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  • 151k
2 votes

Is it illegal in the United States for a journalist to take photographs of a letter of correspondence with a foreign official?

What, if anything, legally constitutes "giving in confidentiality" a letter of correspondence penned by a foreign official, to someone else, by the President of the United States? Can such a thing ...
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  • 134k
2 votes

Legal precedent/history for the supposed charges against Julian Assange

The PressGazette has a brief but illuminating article which gives information on : ...over 64 journalists arrested in the UK between April 2011 and October 2014) including 25 former News of the ...
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1 vote

Can editorial bias be considered medical advice?

No, that is not Practicing Medicine Writing about medical topics, or expressing opinions about such topics is not practicing medicine. No US state so defines it. This is true whether the writing is ...
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  • 92.7k
1 vote

Daily Caller, Bob Menendez-possible prosecution of online news provider?

While neither international jurisdictional issues nor the First Amendment would invalidate a U.S. law criminalizing this conduct, it isn't entirely clear if there is a criminal statute in existence ...
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  • 134k
1 vote

Daily Caller, Bob Menendez-possible prosecution of online news provider?

Libel and slander provides for civil remedies, not criminal remedies, and are not a natural right. The paying of others to slander and lie may run afoul of US laws. The RICO Act comes to mind. US ...
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  • 538
1 vote

Legal precedent/history for the supposed charges against Julian Assange

United States v Ivanov appears to be directly relevant The fact that a person is, or claims to be as in Assange’s situation, a journalist does not give them the right to ignore the law. It is against ...
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  • 151k
1 vote

Can a journalist publish emails sent to him/her by a diplomat at a foreign country's embassy, obtained while undercover, without infringing copyright?

The fact that the emails were obtained through deception would count against the journalist on the first prong of a fair use analysis, i.e. the nature of the copying. Bad faith copying was part of the ...
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  • 44k
1 vote

Is it ethical or legal for journalist to request info from school district staff against their own rules?

I'd consult a lawyer on that one. There's a possibility it could be tortious interference, although I don't think it is. The caselaw is going to vary somewhat by state, although there may be First ...
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  • 6,119

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