Archive | First Amendment

A UNC Student’s Summer Experience at the Berkman Center’s Digital Media Law Project

By on October 7, 2013 in First Amendment, Internet, Journalism

IMG_4639This summer, I was fortunate enough to intern for the Digital Media Law Project (DMLP) at the Berkman Center in Cambridge, MA. Our office facility — fondly referred to as the “big yellow house” — was home to a large number of Berkman Center projects, of which the DMLP was one.

The Berkman Center is a wonderful place to work, as the house is constantly filled to the brim with scholars in a variety of fields. It seemed that wherever you went, from the front porch to the kitchen, you were welcomed in eavesdropping on a conversation about an interesting new research project or developing body of law. Berkman also houses a number of fascinating software development projects.

My day-to-day life as a DMLP intern was filled with media law — a complex world of legal issues like defamation, copyright, trademark, anti-SLAPP motions, Section 230 of the Communication Decency Act, DMCA takedown notices, shield laws for reporters, first amendment issues, and more.

I worked on a number of projects for the DMLP throughout the summer. In my legal threat research, my supervisors, Jeff Hermes and Andy Sellars, encouraged me to delve into complex litigation procedures while analyzing court documents for recent media law cases. Through this research, I gained an understanding of how pervasive media law issues are in our court system and in our lives.

On another project, I researched and wrote detailed legal guides on issues such as how to form a journalism cooperative in Pennsylvania and how to operate under Tennessee’s recording laws. The legal guide work is essential for reporters and citizen journalists who need to understand in non-legalese the legal implications of publishing within their state.

IMG_4737Finally, every two weeks, I was encouraged to develop a blog post on my topic of choice. The DMLP blogs provided me the freedom to delve into specific areas of media law including a patent on podcasts, the federal shield law, and how journalist organizations are using Instagram.

My research at the DMLP wasn’t all that Berkman had to offer. One week, my supervisors, my fellow DMLP interns, and I were invited to attend a Massachusetts Continuing Legal Education course at which our supervisor, Jeff Hermes, was presenting. This experience was certainly one of the highlights of my summer as I was able to hear first-hand about the most recent issues and case law in this field.

Each week, my fellow “Berkterns” and I were invited to attend lunchtime and afternoon seminars on a variety of topics, legal and otherwise, given by scholars at the top of their fields. These presentations were followed by intellectually stimulating discussions which often challenged me to consider new ideas and viewpoints. (Another summer highlight: at one such lunchtime presentation, representatives from Google Glass came by and let us try on Glass(es)! The demo led to a great discussion about the legal, social, and privacy implications of the new technology.)

IMG_6199I would highly recommend an internship at the Digital Media Law Project to anyone interested in studying recent media law cases and understanding the protections needed to prevent chilling effects. I made great friends, had a wonderful time traveling around Boston and Cambridge, and embraced everything the area had to offer. Through the DMLP’s collaborative work environment, I was able to learn so much about media law and witness first-hand how this relatively new area of law is influencing a wide range of people across the country.

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This First Amendment Day, fight for the free flow of information

By on September 23, 2013 in Center for Media Law and Policy, First Amendment, Journalism, Transparency

UNC will hold its fifth annual First Amendment Day Sept. 24, a celebration of our rights to speak, publish, worship, assemble and protest without government intervention. It’s easy to celebrate free expression. It’s sometimes harder to notice when that freedom is being eroded by the government.

In the year since First Amendment Day 2012, we’ve learned that our First Amendment rights — particularly the freedom of the press — have been compromised in the name of security. In May, the Associated Press and Fox News revealed that the Justice Department had secretly seized phone records and searched emails between reporters and sources in an effort to investigate leaks. In July, New York Times reporter James Risen lost an appeal in federal court challenging a Justice Department subpoena ordering him to testify and reveal his confidential sources in a criminal prosecution. In the July trial of Private First Class Bradley Manning, the government argued that publishing leaks to the general public could constitute “aiding and abetting the enemy” under the Espionage Act. And some reporters say that their ability to promise their sources confidentiality has been jeopardized by the mass surveillance of Americans’ phone call and email data.

This year, First Amendment Day is more than a celebration. It’s a reminder that we have to constantly fight for the free flow of information — in the courts, in newsrooms, in Congress, in our state and at our school.

This year’s keynote address by Bruce Brown, executive director of the Reporters Committee for Freedom of the Press, will explore the Obama Administration’s relationship with the media. “If there was ever any doubt that a war on leaks could not be conducted without a war on the press and the public’s interest in the free flow of information, the government seems to have answered that question for us,” Brown said in a statement in May, following revelations that the Justice Department had executed a search warrant for a Fox News reporter’s emails.

A panel discussion at the UNC School of Law will focus on one possible protection for press freedom: a federal shield law that would protect reporters from having to reveal their confidential sources in a federal investigation or trial. Panelists will discuss the “Free Flow of Information Act” introduced in Congress this year, the definition of a “journalist,” and whether a federal shield law should cover bloggers, citizen journalists, and student reporters.

These are just two of many events addressing the need for education and action around First Amendment rights. For more information, check out the full schedule of events. All events are free and open to the public.

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

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Looking for a Job in Media Law?

By on September 18, 2013 in Copyright, FCC, First Amendment, Internet, Journalism, Privacy

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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Amicus brief argues NSA surveillance violates freedom of the press

By on September 11, 2013 in First Amendment, Journalism, Privacy

The Reporter’s Committee for the Freedom of the Press filed an amicus brief in ACLU v. Clapper arguing that government collection of call records violates the First Amendment freedom of the press by impeding reporters’ ability to maintain confidential sources.

The brief supports the ACLU’s motion for a preliminary injunction to stop the NSA from collecting logs of the time and duration of phone calls made within the United States. The ACLU’s complaint includes a First Amendment claim based on the freedom of association — the right to organize and express political ideas as a group — but RCFP’s brief focuses on the right of the press to gather news.

The brief argues that mass surveillance makes sources more wary of contacting journalists and emphasizes that confidential sources are critical to accurate reporting on important issues.

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