Digital Media Law

Chapter 7:
Reporting on the Government

Chapter 7 examines the tension between the public’s right to know and the government’s interest in confidentiality. It focuses on the legal tools available for accessing government information, including freedom of information laws, public records statutes, and open meeting laws. The chapter also explores the challenges of balancing transparency with individual privacy and national security, especially in a digital age where government data can be widely disseminated instantly.

Key Concepts in this Chapter

Freedom of Information Laws (FOIA)

  • At the federal level, the Freedom of Information Act (FOIA) allows the public to request access to government documents.

  • States have their own public records laws, which vary widely.

  • FOIA includes exemptions for sensitive areas (e.g., national security, law enforcement, personal privacy).

Open Meetings Laws

  • Require many government bodies to conduct business in public.

  • Aim to prevent “backroom deals” and ensure accountability.

  • Exceptions exist for sensitive matters like personnel issues or pending litigation.

Privacy vs. Transparency

  • Disclosure of government-held information can raise privacy concerns (e.g., police body cam footage showing private homes).

  • Courts and policymakers often weigh individual privacy rights against the public’s interest in oversight.

State-Level Variations

  • Some states restrict access to their records to residents only.

  • Digital tools (e.g., services like MuckRock) make such restrictions easier to circumvent.

Technology and Modern Challenges

  • Remote court proceedings and online databases raise new transparency and privacy issues.

  • Increased digital record-keeping expands access but also complicates privacy protection.

Test Your Knowledge

1. Which FOIA exemption protects trade secrets and confidential commercial information supplied to the government?

 
 
 
 

2. FOIA requests must “reasonably describe” the records sought because FOIA was not intended to:

 
 
 
 

3. Under Nebraska Press Ass’n v. Stuart, a gag order is permissible only when publicity is intense, alternatives fail, and the order:

 
 
 
 

4. Which two constitutional amendments most often come into tension regarding public access versus fair trial rights?

 
 
 
 

5. Recording police performing public duties is generally protected by which constitutional amendment?

 
 
 
 

6. Some state FOI laws restrict access to state citizens. In 2013, the U.S. Supreme Court held that:

 
 
 
 

7. During the Derek Chauvin trial, jurors were sequestered:

 
 
 
 

8. The Sunshine Act also requires agencies to:

 
 
 
 

9. How many statutory exemptions allow federal agencies to withhold records under FOIA?

 
 
 
 

10. After the 1935 Lindbergh trial “media circus,” many courts:

 
 
 
 

11. The FOIA Improvement Act of 2016 chiefly requires agencies to:

 
 
 
 

12. The Government in the Sunshine Act, enacted in 1976, ensures public access to:

 
 
 
 

13. For non‑commercial media requesters, agencies may charge:

 
 
 
 

14. If an agency denies a FOIA request and administrative appeal fails, the requester’s next step is usually to:

 
 
 
 

15. California’s 2021 protest‑coverage law prohibits police from:

 
 
 
 

16. A “Glomar response” occurs when an agency:

 
 
 
 

17. FOIA applies directly to which branch of the U.S. federal government?

 
 
 
 

18. Absent unusual circumstances, an agency must issue a substantive FOIA determination within how many working days?

 
 
 
 

19. One primary purpose of press credentials (press passes) is to:

 
 
 
 

20. Illinois’ 2016 Body Camera Act generally treats police body‑cam footage as:

 
 
 
 

Ideas for Future Study

  • Body Camera Footage: Should it be public? What limits should protect third-party privacy?

  • Residency Restrictions: Are state laws limiting public records requests to residents fair in a digital age?

  • Courts and Cameras: Should courts allow cameras in proceedings now that technology is less intrusive?

  • Transparency in the Digital Age: How does the internet change the balance between openness and confidentiality?

  • National Security: Debate whether government secrecy in certain areas is justified or undermines democratic accountability.

Parting Thought

A healthy democracy requires both transparency and privacy. But where should the line be drawn? When, if ever, should the public’s right to know give way to the government’s need for secrecy or an individual’s right to privacy?