■ When property is generally open to the public (businesses), and
journalists do not otherwise interfere with the business use
The First Amendment Protection of News Gathering
Trespass
○ –
○ Ride Alongs
■ •
■ Government agents (police, firefighters) cannot give permission to
reporters or photographers to enter private property
■ •
■ They, and the journalists can be held accountable for trespass or
violations of the Fourth Amendment – illegal search and seizure
The First Amendment Protection of News Gathering
Harassment
○ –
○ Journalists who hound, stalk or undertake other unreasonable
surveillance methods may be charged with harassment
The First Amendment Protection of News Gathering
Fraud
○ –
○ A knowingly false statement of a material or significant fact that is
communicated with the intent to induce the plaintiff to rely on that statement and
that does, in fact, induce the plaintiff to reasonably rely upon it to the plaintiff’s
harm or injury