Fourth Circuit: Facebook “likes” are protected speech

The Fourth Circuit reversed a district court’s holding that pressing the “Like” button on Facebook is not “enough speech” to warrant First Amendment protection.

The opinion compares “liking” a political candidate on Facebook to “displaying a political sign in one’s front yard,” undoubtedly a form of protected political speech. The Court upheld the First Amendment right of a public official’s employees to “like” an opposing candidate’s Facebook page.

Read more about the decision here.

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Looking for a Job in Media Law?

jobsLooking for a job can be time consuming and frustrating.  Often the best opportunities are found through networking and word of mouth.  But what if you are a student or recent grad? Or are trying to change fields or areas of practice and you don’t have a network?  Breaking into a new field, or even trying to find new opportunities in a field you already occupy, can be challenging.  This is why the UNC Center for Media Law and Policy has created its new media law and policy Job Center.

We Bring Our Network to You

Over the years, the UNC Center for Media Law and Policy has a built up a large (and growing) network of media law and policy minded folks and they are often looking for people just like you.  From an undergraduate internship at the Brookings Institution to a director position at Harvard’s Digital Initiative our network of contacts are constantly making us aware of openings and opportunities in the field of media law and policy.  Our Job Center database brings that network to you.  For free.  Just like that.

Easy to use

Not only does our database instantly plug you into our network of contacts and opportunities it is easy to use. You can browse by job type or category or use our advanced search feature to search by location, keyword, or practice area. Looking for a fellowship? Bam. Got it: Fellowships. How about an internship? Yep, that too: Internships.  An academic teaching position? Also covered: Academic – Journalism and Academic – Law.

Wide Variety

Don’t be deceived by the few examples of categories I just offered in the previous paragraph.  There are job opportunities from almost every field even remotely under the media law and policy umbrella.  IP, Copyright, Photo Journalism, Broadcast, FTC listings, Cyber Law, Trademark—you name it there are job opportunities.  Whatever you are looking for, chances are there is something for you on our page.  Here is a list of some of my favorite recent postings:

William Smith is a 2L at the University of North Carolina School of Law

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States enact social media privacy laws protecting employees, students

In August, New Jersey became the twelfth state to pass a law prohibiting employers from asking employees for their social media usernames and passwords. Read more about the New Jersey law here.

Some states, including California, Michigan, and Illinois, also prohibit schools from requiring students to disclose their social media passwords. Illinois’s Right to Privacy in the School Setting Act takes effect January 1, 2014.

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A UNC Student’s Summer Experience at NPR

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I have always admired NPR’s style of broadcast journalism. Through their use of compelling voice-overs, descriptive writing styles, and natural sound, the organization’s reporters have a way of bringing life to stories that lack pictures. Naturally, as one of UNC’s law and journalism dual-degree students, I jumped at the opportunity to spend my summer working in NPR’s Office of the General Counsel.

At NPR, I received exposure to all aspects of media law. On a typical day, I could do anything from answering fair use questions to investigating international broadcasting issues to assisting with FOIA requests. By working at NPR, my knowledge of First Amendment, intellectual property, and administrative law increased immeasurably.

The staff at the OGC also encouraged me to attend legal events outside NPR. I heard Gary Pruitt, Chairman and CEO of the Associated Press, speak at the National Press Club about the Department of Justice’s decision to subpoena, without notice, phone records from the AP’s reporters. I also interacted with prominent members of the media law community at events held at The Washington Post and other venues around D.C. My days were rarely, if ever, filled with a dull moment.

I had the added benefit of working in NPR’s brand-new building located at 1111 North Capitol Street, NE. From my office desk, I had this amazing view of the Capitol Building.

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Being located at NPR’s new headquarters also enabled me to interact with members of the newsroom and watch broadcasts of Morning Edition, All Things Considered, and Talk of the Nation.

Through these activities, I left the classroom setting and observed how media law issues impact real journalists.

I would recommend NPR’s internship program to anyone interested in media law. The organization has many intelligent and talented people who are eager to help interns learn. I am honored to have been an intern in the OGC and am proud to have represented Carolina at NPR!

Kevin Delaney is a 2L at the University of North Carolina School of Law and a second-year master’s student at the UNC School of Journalism and Mass Communication.

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Senate Judiciary Committee Meets to Discuss Federal Shield Law, S.987

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Natasha Duarte contributed to this post.

The Senate Judiciary Committee is scheduled to meet with lawmakers today to discuss the federal reporter shield bill proposed by Senator Schumer (D-NY) in May of this year. Tune in to a live webcast of the meeting beginning at 10:00am.

The Free Flow of Information Act, S.987, includes some protection for reporters who are ordered to divulge confidential sources as part of a federal investigation. The public push for a federal shield law has gained traction over recent months as the public reacted to governmental invasions into journalist organizations like the Associated Press.

Although the bill seems to be a positive step towards granting journalists protection, critics have noted one troublesome section of the bill that limits the definition of who constitutes a “journalist” or a “covered person.” Senator Dianne Feinstein (D-Calif.) has proposed an amendment to S.987 that would limit the classification of a journalist to a salaried agent of an organization that “disseminates news or information.”

The Electronic Frontier Foundation outlined Feinstein’s proposed amendments to the definition of ”covered person”:

  • A person working as a “salaried employee, independent contractor, or agent of an entity that disseminates news or information;”
  • either (a) meeting the prior definition “for any continuous three-month period within the two years prior to the relevant date” or (b) having “substantially contributed, as an author, editor, photographer, or producer, to a significant number of articles, stories, programs, or publications by an entity . . . within two years prior to the relevant date;” or
  • working as a student journalist “participating in a journalistic publication at an institution of higher education.”

Senator Feinstein cites a need to limit the bill’s protection from including those “who aren’t really reporters at all, who have no professional qualifications” and says she believes the bill should be applied to “real reporters.”

Critics of the proposed amendments have argued that a narrow definition of what it means to be a journalist doesn’t fit the ever-evolving model of reporting. Technological developments over the last two decades have resulted in a shift away from the traditional definition of what it means to be a “journalist.” Reporting is increasingly being done by citizen journalists, bloggers, and independent reporters who are not employed by traditional media outlets.

This model will no doubt continue to evolve along with new technology. Critics of the bill suggest that reporting is an act rather than a status and that those engaged in reporting should be protected from having to reveal their confidential sources regardless of medium, employer, or salary.

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