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BRECHNER
Volume 25, Number 10 A monthly report of mass media law in Florida Published by The Brechner Center for Freedom of Information College of Journalism and Communications University of Florida October 2001
Panel advises more electronic access FAMU trustees
to hire in open
case files available electronically.
Court Administration and ACCESS PACERNet system. The access and solicited public comments.
files could be used to “intimidate, harass and their families.” (816/01 – 8/24/01; Anti-leak bill introduced in Congress
record, and filing the application oftenstarts public scrutiny of the candidate.
an anti-leak bill, which would prosecute, information affects national security.
sunshine,” said board member Rev. R.B.
Magazine plans to appeal ruling in favor of freelance photographer
are hoping that language in the Tasini “medium-neutral” will help them win an COPYRIGHT work, which would give new work, because the articles, ads and as in the paper edition. In the Tasini before the U.S. Supreme ruled in New issues, the appeals court ruled that it was York Times v. Tasini, a similar case in pulled out from their original context.
(3/26/01 – 8/28/001; Greenberg v. National Geographic Society, 29 Media Auditor: Access funds not used for original purpose
2000 fiscal year. Less than a third of the purposes beyond its original authority.
fund – $494,000 – was spent on record systems during that same time period.
Pharmaceutical company challenges Sunshine in Litigation Act
challenges to the trial court’s order and procedural matter in the case, saying the public hazard hearing to a special master Florida’s 4th District Court of Appeal, on behalf of Novartis, which plans to file which said “[W]e … decline to entertain Two papers challenge
Judge refuses to unseal records before trial
autopsy photo law
MIAMI – The Orlando Sentinel and the South Florida Sun-Sentinel filed a Gainesville Sun and the South Florida would threaten the officers’ rights to a Sun-Sentinel, argued that releasing the the 1999 death of inmate Frank Valdes.
Lease agreement not public record, judge rules
record, a circuit court judge ruled.
The Weekly Planet sued to get a copy legislation reported in any issue as “on file” may be obtained upon request from the Brechner Center for Freedom of Information, College of 3208 Weimer Hall, P.O. Box 118400, University of Florida, Gainesville, 2 The Brechner Report n October 2001 Judge OKs Miami airport contract
Reporter’s phone
Secure Wrap. (Brechner Report, May records subpoenaed
Carnival contract not Sunshine violation looking for the identity of a confidential
before Crawford left the agriculture post for a job as the executive director of the Florida Citrus Commission. (Brechner only be issued for reporters’information when the information being Judge orders school board to allow taping
sought is essential to a criminalinvestigation. The guidelines, which are public has a right to attend meetings but does not have the right to videotape.
reasonable investigative routes first and newly confirmed FBI Director Robert S.
pay Suncam’s court costs and attorneys’ Suncam Inc. v. Pinellas County School Brechner Center for Freedom of Information Court rules mushroom ads are unconstitutional
University of Florida, Gainesville, FL 32611-8400 Sandra F. Chance, J.D., Director/Executive Editor
S. Camille Broadway, Editor
Jackie Thomas, Production Coordinator
Meghan Morris, Production Assistant
Stephen Harmon, Production Assistant
The Brechner Report is published 12 times a yearunder the auspices of the University of Florida Foundation. The Brechner Report is a joint effort of The Brechner Center for Freedom of Information, the Council to generate generic advertising.
University of Florida College of Journalism andCommunications, the Florida Press Association, the those of the fruit growers, were not part Florida Association of Broadcasters, the Florida Society upheld an appeals court decision in favor of Newspaper Editors and the Joseph L. Brechner Endowment. The Brechner Report thanks Barnett, Bolt, Kirkwood & Long and Colleen Ahern for theircontributions to this issue.
The Brechner Report n October 2001 Terror should not triumph over nation’s freedoms
The terrors on Sept. 11 were so calamitous that they secrets acts” by those who are deeply concerned about threaten to shake us loose from our constitutional its impact on speech and the press and the flow of mooring. A civil liberties catastrophe looms as citizens critical information to the public. The Flag Desecration surrender to fear, fury and frustration and as lawmakers Act, which would for the first time in the history of our throw money and shards of the Bill of Rights at the nation amend the First Amendment to prohibit burning the flag as a form of political dissent. It would be Some of our elected leaders predict a gloomy future foolish to dismiss such developments as mere nibbling at the edges of our rights. In fact, each nibble Back Page
diminishes our commitment to freedom and the principles that distinguish our way of life from all others.
In such an atmosphere, voices of dissent grow silent, probing By Paul McMasters
questions by the press are viewed as unpatriotic and subversive, Democratic Minority Leader Richard A. Gephardt, D-Mo.
and whistleblowers inside government with vital information are “We’re not going to have all the openness and freedom we have quieted. In such an atmosphere, propaganda, rumor and paranoia had.” Senate Minority Leader Trent Lott, R-Miss., repeated the fester and infect. In such an atmosphere, citizens are denied warning: “When you’re in this type of conflict, when you’re at their place as full partners in their own governance.
war, civil liberties are treated differently.” Even staunch First By suspending some of our most precious principles, the Amendment advocates, haunted by the devastation in New York risk becomes not just terrorists whose hearts have grown rancid City, near Washington, D.C., and the Pennsylvania countryside, with hate but also a citizenry whose hearts are filled with fear.
are tempted to temporize in the face of insistent calls to There are things we can and should be doing rather than suspend or re-examine our commitment to civil liberties.
joining the stampede to ditch our rights. As columnist Thomas The First Amendment fallout commenced within hours of the Friedman put it: “We have to fight the terrorists as if there were airplanes crashing into their targets. FBI agents fanned out to no rules and preserve our open society as if there were no persuade Internet firms and service providers to hook up e-mail terrorists.” As much as we wish to be safe forever from the sniffing software to monitor private citizens’ e-mail. While the horrors of last week, we simply cannot protect freedom by desire to marshal all resources is understandable, there are forsaking freedom. As much as we want relief from this time of serious consequences for private speech and public discourse national duress, we simply cannot make ourselves more secure when ordinary citizens fear that law enforcement officials with by making fundamental freedoms less secure.
broad powers to investigate and detain are listening in.
What an affront to the courage and heroism shown by those Government officials and policymakers immediately called who gave their lives in rescue efforts or in forcing hijackers for measures that would chill public discourse, disrupt reporting into a crash if we give in easily to fear or panic.
by the press, and interrupt the flow of information to the public.
Fire from the skies and hatred from afar caused human They want an expansion of law enforcement powers to spy on carnage and suffering at an unthinkable level. They dealt telephone and Internet traffic, to restrict the use of Internet terrifying blows to our financial institutions, our transportation encryption products that thwart online monitoring of private and communications systems, our political and military nerve e-mail, to slow down and divert funds from the declassification centers, and to a nation’s sense of self and security.
of secrets, and to force public libraries to reveal information Do we really want to add constitutional freedoms to that about patrons’ use of their computers.
In Congress, prospects brightened for several troubling measures, including: The Cyber Security Information Act, which Paul McMasters is the First Amendment Ombudsman among other things would blow a gaping hole in the Freedom of with The Freedom Forum foundation. A lengthier version of Information Act. Anti-leaks legislation, dubbed the “official his column is available at http://www.freedomforum.org.

Source: http://www.brechner.org/reports/2001/10oct2001.pdf