On The Media - First Amendment

Writing a Wrong (On The Media)

Mon, 07 Apr 2008 20:54 GMT

A group of Canadian Muslim students has filed a complaint under their country's Human Rights Act against Maclean's magazine for a piece they feel violated their human rights. The case has sparked a debate in Canada about press freedoms and multiculturalism. One of the students who filed the claim, Naseem Mithoowani, explains why they did it.

The Long Arm of the Law (On The Media)

Mon, 10 Mar 2008 16:34 GMT

Making its way through the New York state legislature is the Libel Terrorism Protection Act. The bill aims to mitigate the impact of libel tourism, which former civil-rights attorney Samuel Abady believes undermines our First Amendment.

Public Address System (On The Media)

Mon, 11 Feb 2008 16:56 GMT

The legal basis for this show, the various media we cover and, frankly, for the style of our coverage is the First Amendment to the U.S. Constitution. But how well do any of us know our beloved protection? Not that well, explains Anthony Lewis in his new book Freedom for the Thought We Hate.

Manual Override (On The Media)

Tue, 04 Sep 2007 20:47 GMT

Presidents have always been in the business of managing public relations, but it’s not often we get proof of the strategies they employ. For the current administration, such proof came two weeks ago when its Advance Manual surfaced during a lawsuit. Slate senior editor Dahlia Lithwick provides a close reading.

Clink-Stained Wretch (On The Media)

Tue, 20 Feb 2007 23:30 GMT

San Francisco videographer Josh Wolf has earned the distinction of being the journalist jailed longest for refusing to cooperate with prosecutors. Wolf's lawyer, Martin Garbus, reviews the case.

Kill Transmission (On The Media)

Mon, 04 Dec 2006 22:11 GMT

Can a TV station be a terrorist entity? Mark Dubowitz of the Coalition Against Terrorist Media says the State Department was right to ban transmission of Al Manar, the media outlet of Lebanon-based Hezbollah. Worried about the First Amendment? You’re not the only one.

Getting to the Source (On The Media)

Thu, 02 Nov 2006 22:19 GMT

If they don’t already, government insiders with a tidbit for the press might now think twice before dishing over the phone. This week, two reporters at ABC News said that the Feds were gathering their phone records, most probably to sniff out the source of government leaks. OTM guest host Mike Pesca asks ABC chief investigative correspondent Brian Ross about the possible implications for Ross’ reporting.

No Enemies’ List (On The Media)

Thu, 02 Nov 2006 22:21 GMT

With government phone surveillance so much in the news, it’s understandable that some assumed the collection of reporters’ phone records has something to do with the recently-disclosed NSA data mining effort. But that sort of conflation frustrates defense analyst Bill Arkin. He tells Brooke what’s wrong with understanding contemporary intelligence efforts as a Nixonian-style domestic spying program.

They’ve Got Your Number (On The Media)

Thu, 02 Nov 2006 22:52 GMT

For months, the Bush Administration insisted that NSA surveillance is strictly targeted on terrorists and their associates. But this week came allegations that the NSA is also collecting the phone records of ordinary Americans. Critics question the program’s legality, but the president insists that the only ones acting improperly are the people who exposed the program. Brooke speaks with George Washington University law professor Jonathan Turley about the latest assault on the press.

Road Signs (On The Media)

Thu, 09 Nov 2006 17:18 GMT

In recent years, anti-choice advocates have found a new way to take their message to the street. In more than a dozen states, they’ve convinced lawmakers to start offering specialty license plates bearing the message “Choose Life.” Pro-choicers have sued, but last week, a federal appeals court ruled that Tennessee’s version of the plate qualified as constitutionally-protected “government speech.” Bob parses the decision with First Amendment Center attorney David Hudson.

Tap Dance (On The Media)

Thu, 09 Nov 2006 19:58 GMT

The NSA’s warrant-less wiretapping program has generated the first of what are likely to be many legal challenges. The ACLU accuses the government of violating the constitutional rights of a group of academics, activists, and journalists, all of whom believe they may have been monitored. But lawyer Jonathan Turley tells Brooke that while the plaintiffs may generate sympathetic headlines, they are far less likely to succeed than are several accused terrorists who are also challenging the NSA program.

Free Preach Rights (On The Media)

Wed, 10 Jan 2007 16:37 GMT

Preaching politics is protected speech in America…unless you do it from the pulpit. Religious organizations that get involved in electioneering risk getting stripped of their tax-exempt status. The debate over that rule, recently revived by an IRS audit in Pasadena, has united activists of many political stripes. Bob takes a closer look at one contentious intersection of church and state.

Keeping Mum (On The Media)

Wed, 28 Feb 2007 21:49 GMT

Wen Ho Lee's legal troubles began in 1999, when he was fired from Los Alamos National Laboratory under suspicion of espionage. But the charges turned out to be unsubstantiated, and Lee sued the government for leaking his personal information to journalists. Last year, five of those reporters refused to testify about their sources, and were held in contempt. Brooke discusses the case's latest turns with Paul McMasters, First Amendment ombudsman for the Freedom Forum.

(Air)Time is Money (On The Media)

Wed, 28 Feb 2007 22:11 GMT

Talk radio hosts make a living out of their strong opinions. But can their advocacy on behalf of political campaigns actually be considered an in-kind contribution? It sure can, according to a recent court decision in Olympia, Washington. Seattle media lawyer Bruce Johnson tells Brooke that the case is a classic example of the threat to free speech posed by campaign finance legislation.

Miller Time (On The Media)

Tue, 06 Mar 2007 15:58 GMT

In the end, the two reporters who refused to divulge their sources met very different fates. The New York Times' Judy Miller stuck to her guns, and was thrown in jail. After receiving what he described as last-minute permission from his source, Time's Matt Cooper spilled the beans. Cooper said the entire ordeal could have been prevented by a federal law protecting journalists from having to testify. Is he right? University of Chicago law professor Geoffrey Stone discusses the limits of "shield laws" with Brooke

Parenting the Internet (On The Media)

Mon, 02 Jun 2008 18:51 GMT

In a 5 to 4 decision on Tuesday, the Supreme Court ruled that the Child Online Protection Act probably violates the First Amendment, and sent the case back to a lower court. This is the latest in an ongoing conflict between free speech and parental peace of mind - a conflict that has seen various legislative solutions sent back to the drawing board. Professor Jonathan Zittrain, co-founder of the Berkman Center for Internet and Society at Harvard, joins Bob.

State Secrets Secret (On The Media)

Mon, 09 Jun 2008 19:13 GMT

The legal rationale used by the government to block Sibel Edmonds from testifying in court is called the "State Secrets Privilege." It has been invoked from time to time to quash information that the government says would threaten national security. But now, the precedent for that legal device is being challenged by people who claim it's based on a fraud. In January, Brooke spoke to George Washington University law professor Jonathan Turley about the fascinating history of the State Secrets Privilege.

Party of One (On The Media)

Mon, 09 Jun 2008 21:20 GMT

Howard Stern wants the Bush team out of the White House come November, and he's wielding his mighty mic to influence millions of listeners to vote. For his efforts he has won little support from Democrats who probably find the self-titled King of All Media a little too hot to handle in an election year. But Stern battles on. He may stand alone, but with a massive army of listeners behind him. New York Observer columnist Joe Hagan joined Brooke to discuss his recent story, "Howard's Private War."

Digging Our Own Grave (On The Media)

Mon, 09 Jun 2008 21:42 GMT

In the months after 9-11, the U.S. government dismantled the Arabic- service of the Voice of America, and replaced it with Radio Sawa - a station heavy on the Britney and short on the news. For veteran journalist and international media adviser Stephen Schwartz, it was just another in a long line of blunders by Americans in charge of winning Iraqi hearts and minds. Schwartz tells Brooke why he thinks U.S. attempts at controlling the Iraqi media landscape is undermining America's own credibility.

Classified: Suspicious (On The Media)

Mon, 09 Jun 2008 21:44 GMT

The photos from Abu Ghraib have left an indelible impression around the world, but only in the military's own report into the matter does the full picture become clear. This week, the Taguba report was widely available online, leaving little doubt in the minds of many that responsibility stretches far up the chain of command. But technically, that report remains classified. Brooke looks at the question of why it was classified in the first place with Steven Aftergood, director of the Federation of American Scientists' Project on Government Secrecy.

Journalism 101 (On The Media)

Tue, 10 Jun 2008 19:48 GMT

After the fall of Saddam, there was much excitement about Iraq's burgeoning media. Suddenly, there were hundreds of newspapers on newsstands, and journalists were free to practice their craft unimpeded by regime censors. The only problem - they weren't exactly sure how to. Brooke talks to Hiwa Osman, an Iraqi Kurd employed by the London-based Institute for War and Peace Reporting to train Iraqi journalists.

An Indecent Proposal (On The Media)

Tue, 10 Jun 2008 22:07 GMT

Last week, Clear Channel booted Howard Stern from its stations on the stated grounds of indecency. Some say the radio giant was tidying house before a date with Congress. But others - Stern included - point to his recent political left turn. They say he was silenced after using his almighty mic to Bush-bash. Bob asks Salon senior writer Eric Boehlert to weigh-in on the theory.

Reporters in the Dock (On The Media)

Thu, 12 Jun 2008 19:46 GMT

Scientist Wen Ho Lee’s reputation was smeared by the media when he was wrongly accused of passing nuclear secrets to China in 1999. Now he wants to sue the government but to do that he needs the reporters who wrote about the case to reveal their government sources. Two of the five journalists who have been called to reveal their sources are from the New York Times. So far they are refusing to give up any information. Bob speaks with Lucy Dalglish, the Executive Director of Reporters Committee for Freedom of the Press.

UnMediated Government (On The Media)

Wed, 18 Jun 2008 16:57 GMT

These days, there seems to be no shortage of government officials who would prefer a media-free democracy. But for much of American history, Congress and the press have existed symbiotically, with each alternatively shaping the actions of the other. National Security Archive founder Scott Armstrong joins Brooke to discuss the recent breakdown in this symbiosis, and the consequences for the democratic process.

Detainees Anonymous (On The Media)

Mon, 30 Jun 2008 19:02 GMT

Since September 11th, the White House has done its best to keep secret the names of some 1200 people detained in the so-called 'War on Terrorism.' This week a Federal Appeals Court agreed with the Administration's argument that the secrecy is essential to national security. Jane Kirtley, the Director of the Silha Center at the University of Minnesota, joins Brooke to discuss the ruling.

Deep Throat Revealed? (On The Media)

Tue, 01 Jul 2008 20:25 GMT

For almost 30 years, the identity of the Watergate figure known as Deep Throat has remained a secret. Now a journalism class at the University of Illinois claims to have definitively solved the mystery. Professor William Gaines and his students fingered Fred Fielding, a lawyer in the Nixon White House, as the anonymous source who provided information to Washington Post reporters Bob Woodward and Carl Bernstein. Bob talks to Professor Gaines about the project.

What Epidemic? (On The Media)

Tue, 15 Jul 2008 17:39 GMT

Despite the rapid spread of SARS in China, until recently there was a virtual media blackout about the disease there. Earlier this week, the International Press Institute condemned China's suppression of reporting about the SARS epidemic. Bob discusses China's handling of the crisis with UC Berkeley J-School Dean Orville Schell.

Through Middle Eastern Eyes (On The Media)

Tue, 15 Jul 2008 18:32 GMT

A week into the war in Iraq, the picture we are getting from the domestic press is quite different from that portrayed by the foreign press. This gulf is especially large when it comes to the Middle Eastern media. United Press Chief Correspondent and inveterate media watcher Martin Walker is in Kuwait, and gives us a view from the ground.

Libel Tourism (On The Media)

Tue, 15 Jul 2008 18:40 GMT

Earlier this month, The New Yorker printed a story about Pentagon advisor Richard Perle, suggesting a conflict of interest between his business interests and his influence over policy. In response, Perle threatened to sue the article's author, Seymour Hersh, for libel…in England. Solicitor David Hooper joins Bob from London to explain what's driving Perle, and others like him, across the ocean.

Native Tongue Lash (On The Media)

Tue, 15 Jul 2008 18:41 GMT

A campaign in British Parliament to reclaim the English language is turning heads in the U.K. And its organizers are happy about that. Never mind that their real concern is the foreign ownership of British television stations. Campaign for Press and Broadcast Freedom spokesman Granville Williams explains his group's drive against 'Americanisms.'

Nike Goes to Court (On The Media)

Mon, 21 Jul 2008 20:46 GMT

When activists mounted a media campaign to condemn Nike's labor practices, Nike used the media to respond. But the activists cried foul, and California's highest court agreed. Now, it's up to the U.S. Supreme Court to decide where free speech ends, and advertising begins. Brooke discusses the case and its implications with Harvard Law Professor Lawrence Tribe, who is defending Nike in court.

NYSE Disclosure (On The Media)

Wed, 23 Jul 2008 17:29 GMT

Last summer, the Securities and Exchange Commission approved rules requiring broadcasters airing the opinion of securities analysts to also disclose any business interests that the analysts or their firms might have in the stocks being discussed. Now, the SEC is poised to approve a similar rule for the print media. Adam Lashinsky, a columnist for Fortune Magazine, believes the rule acts as a gag order, limiting freedom of press. He speaks with Bob.