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What to Pack for a Protest
Once again, journalists find themselves at the intersection of indispensability and danger. You are uniquely poised to be the eyes and ears of the public, to stand in their shoes, to report without fear or favor. But how do you do that during a pandemic – possibly with a curfew — while dodging rubber bullets, tear gas…
Read MoreRaleigh curfew media exemption
Attention Raleigh media: The Raleigh curfew contains an exemption for “newspaper, magazine, radio broadcasting, and television broadcasting corporations.” Print this out and put it in your pocket: Emergency Proclamation and Curfew.
Read MoreTRANSPARENCY IN THE TIME OF COVID-19 PUBLIC RECORDS EDITION
Continuing on the theme of government transparency and how you get the information you need to cover the developing COVID-19 crisis, I have outlined here some principles to remember. Email first@smvt.com to request a sample letter you can use to make your requests. Of course, every situation is different and dependent on your relationship with…
Read MoreTRANSPARENCY IN THE TIME OF COVID-19 OPEN MEETINGS LAW EDITION
I want to begin with my gratitude for the vital and hard work that you all have been doing to report on the coronavirus crisis. Personally, I check five or six news websites about every hour to see what has developed, what has changed. I know I am not alone. On behalf of all your…
Read MoreFFR: Fourth Circuit Reverses Gag Order
Some of you have been following ongoing federal court litigation related to North Carolina hog farms. All of you, however, should take note of a 4th Circuit Ruling handed down today reversing a gag order entered in those cases. Judge Britt, the trial judge presiding over the cases in the Eastern District of North Carolina, issued…
Read MoreFirst Amendment Top Ten (or so)
October 2 2018
Read MoreFIRST FOR A REASON: ACCESS TO PERSONNEL INFORMATION
FFR received an inquiry about the specifics of the statement in last week’s post that “The law is very narrow with regard to what personnel information is public. However, almost all personnel statutes permit the public agency to release personnel information when doing so is necessary to maintain public confidence in the integrity of the…
Read MoreFIRST FOR A REASON: OPEN COURTS, OPEN MEETINGS & PUBLIC RECORDS
Access To Court Proceedings And Court Records In addition to the cases that recognize a Constitutional right of access to court files and court proceedings, North Carolina’s Constitution provides that all courts shall be open. C. Const. art. I, § 14; N.C. Const. art. I, § 18. State law also specifies that court records are…
Read MoreFIRST FOR A REASON: THE REPORTER’S PRIVILEGE
North Carolina has a robust reporter’s privilege. G.S. § 8-53.11. 8-53-1 The privilege applies regardless of whether information is confidential or nonconfidential, published or not published and applies to all aspects of a news operation. A journalist can waive the privilege by answering any questions posed by a party looking for information. The appropriate response…
Read MoreFIRST FOR A REASON: COURT ORDERS RELEASE OF POLICE VIDEO
If a picture is worth a thousand words, a video must be worth a million. Until a year ago, though, the law with regard to law enforcement videos was muddy. Some departments took the position that video (particularly of officer-involved shootings) was a personnel record. Some departments released video — sometimes. Those of us in…
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