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The Complete Media Law Handbook

The Complete Media Law Handbook

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Published by Ateam-vietnam

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Published by: Ateam-vietnam on Aug 22, 2010
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Table of Contents
Chapter 1 Defamation by Joseph E. Martineau,
 Lewis, Rice & Fingersh, L.C 
.
. . . . . . . . . . . . . . . . . . . . . . .
7Chapter 2 Invasion of Privacy by Joseph E. Martineau,
 Lewis, Rice & Fingersh, L.C. . . . . . . . . . . . . . . . . .
23Chapter 3 Journalist’s Right of Privacy Primer by Mark Sableman,
Thompson Coburn, LLP . . . . . . . . . . .
34Chapter 4 Missouri Sunshine Law: Open Meetings and Open Records by Mary B. Schultz,
Schultz & Associates,
and Ann Phillips Corrigan, Adjunct Instructor,
Saint Louis University.. . . . . . . . . . . . . . . . . . . .
38Chapter 5 A Practical Guide to Sunshine Law Matters by Jean Maneke,
The Maneke Law Group, L.C. . . . .
60Chapter 6 Obtaining Information from Public Records by Jean Maneke,
The Maneke Law Group . . . . . . .
64
 
Chapter 7 The Federal Freedom of Information Act by Michael L. Nepple,
Thompson Coburn, LLP . . . . . .
67
 
Chapter 8 Access to Electronic Mail and Other Electronic Data of Governmental Bodies by Grant R. Doty andJoseph E. Martineau ,
 Lewis, Rice and Fingersh, L.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
80
 
Chapter 9 From the Witness Stand and the Bench to the News Stand and the Television: Recording Events inMissouri’s Courtrooms by Sam Colville,
 Holman Hansen and Colville, P.C.,
and Stephen G. Strauss,
BryanCave, LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
 
Chapter 10 Use of Intellectual Property in the Media by Mark Sableman and Jennifer A. Visintine,
ThompsonCoburn, LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
 
Chapter 11 Reporter’s Privilege by Benjamin A. Lipman and Tarra L. Morris,
 Lewis, Rice & Fingersh, L.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
 
Chapter 12 Internet Publishing by Mark Sableman and Jennifer A. Visintine,
Thompson Coburn, LLP 
. . . . 102
 
Chapter 13 Media Liability Insurance by James Borelli,
Media/Professional Insurance
. . . . . . . . . . . . . . . . . 109Chapter 14 Eavesdropping, Wiretapping and Hidden Cameras by Mary Ann L. Wymore and John E. Petite ,
Greensfelder, Hemker & Gale, P.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
112Chapter 15 Negligence and Incitement: When Media Expose Others to Physical Danger by Sandra Davidson,
University of Missouri-Columbia School of Journalism and School of Law
 
. . . . . . . . . . . . . . . . . . . . . . . . . .
131Chapter 16 Broadcast Employment Contracts by Charles Poplstein and Erica L. Freeman,
Thompson Coburn, LLP . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
140
 
5
Introduction
The Media Law Committee of The Missouri Bar offers the second edition of this
Media Law Handbook 
as a guidefor journalists, lawyers, and others interested in Missouri media law. In particular, we hope that these articleswill assist media professionals who desire guidance beyond the legal basics contained in the venerable
 News Reporter’s Handbook on Law and Courts
 published by the Missouri Press-Bar Commission
.
The disclaimers we offered for the rst edition twelve years ago carry over here. The articles in this handbook represent the work solely of the authors and not of the committee as a whole. The contents of this handbook are
intended only as a starting point for research; they cannot substitute for individualized legal advice. Articles are
current only as of their stated “last revised” date. All articles are the copyrighted works of their authors.A copy of the handbook is posted on The Missouri Bar’s website, and we plan to keep that electronic version
 periodically updated.
Thanks again to all of the contributors for researching, writing and polishing their articles for the handbook. Wealso thank Jack Wax, media relations director of the bar, for his sound advice and reliable assistance.Whether you are a journalist attempting to understand the laws that govern your activities, a legal generalistseeking an introduction to a media law topic, or a specialist interested in a knowledgeable analysis, we hope thatyou nd this handbook helpful.Mark Sableman
Chair, Media Law Committee The Missouri Bar April 2009
 
7
Chapter 1
DEFAMATION (Libel and Slander)
Joseph E. MartineauLewis, Rice & Fingersh, L.C.St. Louis, Missouri
I. (§1.1) PREFACE
The tort of defamation developed under English common law to provide redress for statements which damaged a person’sreputation. Because the tort restricts First Amendment rights of free speech and free press, the United States Supreme Courthas imposed constitutional restrictions on it.
1
As a result, defamation law in the United States differs from that in other countries, including Great Britain and Canada.
II. (§1.2) THE ELEMENTS OF DEFAMATION
In order to successfully recover damages for libel or slander, the person complaining of defamation (the “plaintiff”) must
 prove each of the following things: (1) the publication; (2) of a defamatory statement; (3) which identies the plaintiff;
(4) which is objectively capable of being proven materially false; (5) which is published with the requisite degree of 
fault (“actual malice” in the case of a public ofcial or public gure plaintiff; negligence in the case of a private gure
 plaintiff); and (6) damages proximately resulting therefrom.
2
The essential requirements of each of these elements of proof are discussed below.
 A. (§1.3) Publication
For purposes of defamation law, publication means “the communication of the defamatory matter to some third person or  persons” other than the person defamed.
3
The defamatory matter need not be communicated to a large group of persons. Itis enough that it is communicated to a single individual other than the one defamed.
4
Ordinarily, there is no liability where astatement is made only to the person defamed. However, an exception to this rule exists where “the utterer of the defamatorymatter intends, or has reason to suppose, that in the ordinary course of events the matter will come to the knowledge of somethird person.”
5
If the publication is oral and extemporaneous, the tort action is called “slander.”
6
If the publication is recorded in printing,writing or by signs or pictures, the tort action is called “libel.”
7
A radio or television broadcast is frequently referred to asa libel although it could conceivably be characterized as either.
8
An internet-based publication would be considered libel.Whether a defamation is considered slander or libel, however, would seem to be immaterial, for although historically, thecourts treated libel and slander differently, that is no longer the case in Missouri.
1. (§1.4) Republication and the Single Publication Rule
One who repeats the defamatory statements of another is liable for that republication even if he attributes the statement tothe original publisher.
9
The republisher, however, may have privileges that are unavailable to the original publisher.
10
Under the single publication rule, the publication of an article in a newspaper or magazine gives rise to only one legal claim,not a separate claim for each copy circulated.
11
If a new edition is published, however, it is considered a new publicationgiving rise to a new claim.
12
2. (§1.5)
 
Intracorporate Communication
While the law in other states is not necessarily in accord, Missouri holds that “communications between ofcers of thesame corporation in the due and regular course of the corporate business or between different ofces or between ofcers
of the same corporation are not publications to third persons.”
13
Because solving personnel problems is part of the proper course of the corporate business, employee statements concerning sexual harassment, made to management, fall within thisrule.
14
Communications by supervisors to non-supervisory employees with no particular interest in the information mayconstitute a publication.
15

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