FTC & False Advertising

Advertising Regulation

The FTC has approved some changes to the use of testimonials in ads.

Here's a summary of some of the changes:
"Updated guidelines on ad endorsements and testimonials under final review by the Federal Trade Commission—and widely expected to be adopted—would end marketers' ability to talk up the extreme benefits of products while carrying disclaimers like "results not typical" or "individual results may vary."

Here is a link to a press release from the FTC about the changes.

Here is more about the Pizza Hut v Papa John's lawsuit.
Here is more about the CAN-SPAM Act. It contains important information on advertising through emails.

What does Sonny Bono have to do with Copyright Law?

Copyright & Fair Use

Exam 2 Today!

Hello all. Just a reminder that your second exam is today, Oct. 25. Remember to bring a pencil, a strawberry scantron sheet and your ID.

Remember, also, to be on time. Once the first exam is handed in, no late students will be allowed to take the exam.

Happy studying!

Public Records & Casey Anthony Jurors

The names of the jurors in the Casey Anthony trial were released this morning because they are covered by public records, or FOIA, laws. Here is the story.

Fair trial/Free press: Grand juries

Here is a story about Timothy Davis, the retired Orlando police officer who prosecutors say shot his 22-year-old son. He was indicted yesterday by a grand jury on a charge of second-degree murder.

Davis, 47, was arrested on a charge of first-degree murder in the Oct. 1 death of Timothy Davis Jr.

Remember that grand-jury proceedings are closed, so it is unknown how the panel reached a conclusion.

Yet, also remember that the grand jury indictment is open as indicated in the first paragraph.

Tuesday: Study Day!

Hello all. Just a reminder that today, Tuesday, is group Mass Comm Law Study Day for exam #2 as indicated in the syllabus. (The study guide was given out last Thursday and is available in the previous blog post: http://ucfmedialaw2011.blogspot.com/.)

There are no in-person office hours today.


Feel free to email me with questions from 2-4 p.m. today. For the most immediate response during that time period, use: voss.kimberly@gmail.com

Outside of that time period, use my UCF email and I will get back to you within a few daytime hours.

Happy studying!

Exam 2 Study Guide

Here is the study guide for exam 2. Happy studying!

Voir Dire

Access to Court Hearings and Documents

Here is more information on Richmond Newspapers v Virginia.

Here is information about cameras in the courtroom.

Here is more information on cameras in the courtroom - each state is different but most allow some cameras in trial courtrooms.

Here is more information on Chandler v Florida.

Here is a chart of the Florida court system.

Here is an overview of the Florida circuit court system.

Here is information about the Ninth Circuit Court. Here is basic information about the docket. Here are some past annual reports.

Here is information about the Eighteenth Circuit Court. Here is docket information

FOIA Extra Credit

To earn 10 extra credit points, put FOIA to work.

Seek a state or federal record from the executive branch with a formal letter or email request if the agency accepts them. Examples of letters are on this blog. Send the request to the agency and also make a second copy of the letter/email to get class credit.

Or, find an agency record online and print it out - the first page or two if it is lengthy. (Make sure it is an actual record.) Bring the record to class with your name on it.

The extra credit is due ONLY before or after class on Thursday, Oct. 27. The extra credit will not be accepted by email so ask a classmate to bring yours in if you cannot make it that day.

For more details on public records, look at the previous blog posts about FOIA and/or review Chapter 9.

More on F.O.I.A.

Here is a story about a FOIA lawsuit - forcing the government to open its records.

Here is a story about a lawsuit initiated by the Sea World trainers' family to close records covered by FOIA.

FOIA is why we have access to the Tiger Woods' incident report. Here is a link to it.

Here is an investigative story by the Milwaukee Journal-Sentinel using FOIA.

Here are FOIA request tips.

F.O.I.A.

Here's a link to the FCC's FOIA page. Notice how easy it is to request a record.

Here's information about Florida's Sunshine Laws.

Many records are now available online. For example, here is a link to check on Florida food inspection records. This is an example.

Media organizations routinely conduct FOIA audits. Here's an example of one conducted in Florida.

Here's an example of a general FOIA request letter. Here is a FOIA letter generator.

Here is some more FOIA information.

Here are some contacts for Federal Agencies and FOIA.

Here is the link to the FBI's FOIA contact.

Another good overall Federal FOIA resource is here.

Hank Williams Jr. and the First Amendment

Hank Williams Jr. said ESPN has violated his First Amendment Rights. Why is he wrong?

(Here is background on the story. He was fired by ESPN after this article.)

Thursday's Class

Hello all. Just a reminder that as noted on your syllabus, there will be no class on Thursday. Instead, you can play the optional, Be-A-Reporter game. It only takes 15 minutes. I highly recommend it if you have never taken a reporting class.

It is available here. You do have to register with NewsU to play but it is free.

The first extra credit assignment will be posted to this blog on Monday.

Taping & Recording

State Laws (Table)
While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950's) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call or the tap crosses state lines – that is why each state went ahead and established their own guideline/statute.

States Requiring One Party Notification
Alabama
Alaska
Arizona
Arkansas
Colorado
District Of Columbia
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma Oregon
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming

States Requiring Two Party Notification
California
Connecticut
Delaware
Florida Massachusetts
Maryland
Michigan
Montana New Hampshire
Pennsylvania
Washington

Violation of Open Meetings Laws

Here is a story about a violation of Wisconsin's Open Meetings Law. Notice that it is a court that makes the decision.

Casey Anthony Video

You have probably already heard that Judge Perry has ruled that the Casey Anthony video has been released. The story is here.

We will discuss this decision in relation to the media and trial coverage in Chapter 11 next week.