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Chapter 13: Ethics
In covering an arrest or trial, a reporter may often feel frustrated by what he or she sees as a lack of cooperation from law enforcement officials. In asking questions of officers of the court, the reporter should bear in mind that formal guidelines or professional codes may restrict the amount of information that can [...]
Chapter 12: Defamation
The importance of a free press is enshrined in the First Amendment to the United States Constitution, which provides that “Congress shall make no law… abridging the freedom of… the press.” The Oregon constitution, however, does not specifically mention a “free press,” but instead provides: No law shall be passed restraining the free expression of [...]
Chapter 11: The Federal Freedom of Information Act (FOIA), The Federal Privacy Act, Oregon Public Records Law
The Freedom of Information Act (FOIA), 5 USC 552 (1988), and the Privacy Act, 5 USC 552a, are the two general federal statutes governing access to government data. There are many other specialized statutes (like the Internal Revenue Code at Title 26 USC) which govern specific areas and types of records. The law in this [...]
Chapter 10: Broadcast Media Regulation
Broadcasting in the United States is one medium which still remains subject to substantial forms of content-based regulation, principally by the Federal Communications Commission (FCC). Justification for this regulation is based on the “public interest” rationale. Essentially that rationale is that there is a quid pro quo between the station operator (“licensee”) and the federal [...]
Chapter 9: Cameras in the Courtroom
In 1999, the Oregon Supreme Court adopted a number of revisions to the state’s Uniform Trial Court Rules that refined the procedures for allowing cameras, both video and still, and audio recording devices to be used by the media in courtrooms. The adoption and revision of Uniform Trial Court Rule 3.180, followed nearly a decade [...]
Chapter 8: Juvenile Court
In Oregon, except in certain very limited circumstances, the juvenile court has exclusive jurisdiction over persons under the age of 18. The Oregon Juvenile Code refers to them as either delinquent “youths” or dependent “children.” Delinquency Jurisdiction: Applies to youths who have committed an act which is a violation, or if done by an adult [...]
Chapter 7: Criminal Records
Police agencies and district attorneys’ offices often receive requests from the press for various criminal records. Access to these records is governed primarily by state statutes and administrative rules. Under Oregon’s Public Records Laws, the record of an arrest or the report of a crime is generally available to the public. Records and reports remain [...]
Chapter 6: State Criminal Procedure
The state criminal procedure includes a set of legal proceedings for both a felony case and a misdemeanor case. Felony Proceedings Legal proceedings in a felony case typically follow a series of steps from arrest through review by the Oregon Supreme Court. Though proceedings are generally initiated with the arrest (Step 1) , they can [...]
Oregon Supreme Court grants access to Portland School District records of alleged employee theft
Filed: October 7, 1999 IN THE SUPREME COURT OF THE STATE OF OREGON OREGONIAN PUBLISHING COMPANY, an Oregon corporation, doing business under the assumed business name of The Oregonian; and ERIN HOOVER SCHRAW, Respondents on Review, v. PORTLAND SCHOOL DISTRICT NO. 1J, Petitioner on Review. (CC 9308-05795; CA A83594; SC S45020) En Banc On review [...]
Chapter 14: Health Care Information: Oregon Code of Cooperation