Blogs

Seven Years of Serving and Studying the Legal Needs of Digital Journalism

We have some important news to share from the Digital Media Law Project. After seven years of providing legal assistance to independent journalism through various methods, the DMLP will soon spin off its most effective initiatives and cease operation as a stand-alone project within the Berkman Center.

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DMLP Announcement: A New Report on Media Credentialing in the United States

The Digital Media Law Project at Harvard University's Berkman Center for Internet & Society and the Journalist's Resource project at Harvard's Shorenstein Center on Media, Politics and Public Policy are pleased to release a new report: Who Gets a Press Pass? Media Credentialing Practices in the United States.

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Baidu's Political Censorship is Protected by First Amendment, but Raises Broader Issues

Baidu, the operator of China’s most popular search engine, has won the dismissal of a United States lawsuit brought by pro-democracy activists who claimed that the company violated their civil rights by preventing their writings from appearing in search results. In the most thorough and persuasive opinion on the issue of search engine bias to date, a federal court ruled that the First Amendment protects the editorial judgments of search engines, even when they censor political speech.

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Hear Ye, Hear Ye! Some Federal Courts Post Audio Recordings Online

While the propriety of video and photography equipment in federal courts is subject of ongoing debate and testing, a number of federal bankruptcy courts and three federal district courts make audio recordings of their proceedings available to the public for a nominal fee.

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A New Approach to Helping Journalism Non-Profits at the IRS

Today, the Digital Media Law Project has launched a new version of its resources for journalism organizations seeking a Section 501(c)(3) tax exemption for the IRS. As a project, we have been concerned with non-profit journalism from the beginning, providing informational resources for news ventures seeking to form as non-profits.

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With Cameras Banned in the Supreme Court, Undercover Video Emerges

People are discovering a recently-posted YouTube video that apparently shows both a portion of the oral argument in a campaign finance case in October 2013 and Wednesday's interruption of an oral argument before the U.S. Supreme Court.

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Revised DOJ Regs Protect "Members of the News Media," But What Does That Mean?

On February 21, 2014, the U.S. Department of Justice released its long-awaited revisions to 28 C.F.R. § 50.10, the DOJ's regulatory guidelines (the "Guidelines") regarding investigations and prosecutions of members of the news media.

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A Quick Thought on Bloggers, Opinion, and Today's Ruling from the Ninth Circuit

Earlier today, the U.S. Court of Appeals for the Ninth Circuit released its decision in Obsidian Finance Group, LLC, v. Cox, No. 12-35238 (9th Cir. Jan. 17, 2014), a case involving defamation claims brought against a blogger who wrote about alleged financial improprieties  in connection with a corporate bankruptcy.

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California Judicial Council Recommends Repeal of Law Criminalizing Juror Internet Use

In August 2011, California adopted a statute making it a crime for jurors to use social media and the Internet to do research or disseminate information about cases. Now, two years after the law went into effect, the state's Judicial Council has recommended that the statute be repealed.

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Wrapping 2013 at the Digital Media Law Project

Here we are again, at the end of another year with snow on the ground and Harvard University's winter shutdown rapidly approaching. Tomorrow, the staff of the Digital Media Law Project will be off to spend time with friends and family until Harvard's doors reopen in 2014; but before we go, I wanted to take a quick look back at this year's highlights at the DMLP.

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Ninth Circuit Starts Live Streaming, As Federal Camera Test Continues

In early December, the Ninth Circuit Court of Appeals announced that it would provide live-streams and archived video of oral arguments on its web site, starting later in the month.

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French Court: Claim of First Amendment Rights in Search Results Inconsistent with "Neutral and Passive Role" as Host

On November 6, the Paris Tribunal de Grande Instance (TGI) ordered Google and Google France to withdraw and stop displaying in their search engine results, for a period of five years, nine pictures of British citizen Max Mosley. By doing so, the TGI refused to consider Google as a mere Internet intermediary that provides hosting and/or caching functions.

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Getting Dirty to Protect Crowdsourced Data and Public Information

Yesterday, the Digital Media Law Project joined an all-star cast of organizations (including the American Civil Liberties Union, the ACLU of Kentucky, the Electronic Frontier Foundation, the Center for Democracy & Technology, the Public Participat

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