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Gonzalo San Gil, PhD.

Another Case Against GCHQ Filed At The European Court Of Human Rights; Could Overturn U... - 2 views

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    "from the pressure-keeps-building dept Just last week we wrote about the growing number of legal challenges to GCHQ spying. Now here's another one, from The Bureau of Investigative Journalism, which is concerned about how blanket surveillance threatens the workings of a free press: "
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    "from the pressure-keeps-building dept Just last week we wrote about the growing number of legal challenges to GCHQ spying. Now here's another one, from The Bureau of Investigative Journalism, which is concerned about how blanket surveillance threatens the workings of a free press: "
Paul Merrell

The Ninth Circuit Holds-Correctly-That a Blogger Has the Same Defamation Protection as ... - 0 views

  • On January 17, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled, as a matter of first impression, that First Amendment defamation rules apply equally to both the institutional press and individual speakers and writers, such as bloggers.
  • In reaching this conclusion, the Ninth Circuit analyzed two key prior Supreme Court precedents: New York Times v. Sullivan (public official seeking damages for defamation must show “actual malice” as defined as a showing thatthe defendant published the defamatory statement with knowledge that it was false, or with reckless disregard as to whether it was false or not) and Gertz v. Robert Welch, Inc. (First Amendment requires only a negligence standard for private defamation actions). Notably, Gertz involved an institutional media defendant, and the Gertz Court invoked the need to shield “the press and broadcast media from the rigors of strict liability for defamation.” Yet neither New York Times nor Gertz, as the Ninth Circuit noted, were expressly limited to the institutional press. Moreover,a number of other Supreme Court cases have rejected such a limitation: Bartnicki v. Vopper; Cohen v. Cowles Media Co.; First National Bank of Boston v. Bellotti; and Citizens United v. Federal Election Commission.
Gonzalo San Gil, PhD.

Attacks on the Press: CPJ Risk List - Committee to Protect Journalists - 0 views

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    "By Karen Phillips Ecuadoran law forbids the presidential family to benefit from state contracts. But after Christian Zurita and Juan Carlos Calderón's book, Big Brother, revealed that President Rafael Correa's brother had obtained $600 million in government contracts, they were the ones in trouble with the law. Zurita and Calderón were found guilty of defaming the president and ordered to pay $1 million in damages apiece. Correa later pardoned the two, having accomplished his goal of intimidating the nation's press corps. "It was clear that no small or medium-sized media outlet was going to take on major critical reporting against the government," Zurita told CPJ."
Gonzalo San Gil, PhD.

When Journalists Are Called Traitors: From the Spiegel Affair to Snowden : The New Yorker - 0 views

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    "A military lawyer had identified forty-one highly classified state secrets revealed in a single article. Senior officials were telling everyone who would listen that the journalists' revelations had made the country less safe and put lives at risk-the reporters were simply traitors. The Russians might be behind it, and who knew what secrets the journalists would hand over if they weren't immediately apprehended. Their publisher was already in Cuba, or maybe just headed there on a plane-anyway, he was a fugitive"
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