Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Chapter Overview
Chapter 7: Gathering Information
In many respects, Chapters 7 and 8 are companion chapters. Chapter 7 addresses limitations and
safeguards specifically imposed by the law with regard to gathering information, and Chapter 8
examines the same issues with regard to court sessions and documents as well as how and to
what extent journalists may protect information (including sources of information) once it is
obtained.
A dominant theme in newsgathering law is that journalists have no greater access to
information, or to locations where sought-after information may be, than any other person.
Thus, the First Amendment freedom of press clause accomplishes virtually nothing for
journalists in this area. Laws that govern the right to obtain records or attend certain functions
are generally applicable. They apply to everyone in the same way – First Amendment or no First
Amendment. So public forum law, discussed earlier, applies here as do laws that protect the
privacy of non-public places.
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Gathering sensitive information may require promises of confidentiality for the source. Chapter 8
discusses court orders to disclose such confidential information, but here we discuss why such
promises are binding on information gatherers, even if the promises are not in writing.
Radio call-in shows generally may broadcast recorded calls. Otherwise, broadcasters should
receive permission to record and broadcast calls. However, under Bartnicki v. Vopper
broadcasters may legally broadcast recorded information (even illegally recorded information) of
public interest if they receive it legally and had no part in making the recording. Such recordings,
like information received through social media, should be carefully vetted for accuracy.
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Specific laws, including the exemptions in FOIA and state open records laws, limit access to
various public records. This limitations are permitted, not mandated, to advance interests in
privacy, national security, etc. FOIA exemptions are to be applied narrowly. Separate state and
federal statutes also protect student, medical, and driving records from public disclosure.
Outline
I. Access to Places
a. Access to Public Property
b. Access to Quasi-Public Property
II. Access to Government Meetings and Records
a. Open Federal Meetings
b. Open State Meetings
c. Open Federal Records
d. Open State Records
III. Promises of Confidentiality
a. Anonymous Sources and Confidential Leaks
b. Broken Promises
IV. Recording
a. Right to Record
b. Face-to-Face and Participant Recording
c. Noncovert Recording
V. Obstacles to Gathering Information
a. Harassment and Stalking
b. Fraud and Misrepresentation
c. Intrusion, Trespass, and Voyeurism
d. Problems with Covert Recording
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
e. Recording or Intercepting “Wire” Conversations
f. Social Media Sources
VI. Obstacles to Access to Government Information
a. Exceptions to Government Openness
b. The Privacy Act
c. Student Records
d. Medical Records
e. Driver’s Information