download-1The CalAware Guide to Journalism Law in California, 2nd edition, released last fall as an ebook, is now available in a pocket paperback edition.

"CalAware's j-law guides have always been the top of the arc for reporters and editors. The new guide is a pleasure to use, an agile resource," says Tim Crews, editor and publisher of the Sacramento Valley Mirror and Vice President of Californians Aware. "We used it twice last week at school board meetings and were able to at least get the Brown Act violations spotlighted."

The 2nd edition been revised to discuss cases decided and legislation passed since 2007 plus new entries devoted to:sw-hbw

  • recent limits on closed sessions and remedies to correct violations of the Brown Act;
  • getting records of courthouse administration (not just cases);
  • online access to court case records;
  • texting and other uses of e-devices in the courtroom;
  • libel and copyright cautions for using material from the Internet;
  • covert audio and video recording for "sting" journalism;
  • the latest escalations of anti-paparazzi penalties;
  • warranted searches of journalists' phone and e-records;
  • warrantless searches of journalists' smartphones, laptops and tablets;
  • covering volatile protest demonstrations; and
  • California and constitutional law protecting college as well as high school journalists.

The 397-page indexed paperback pocket edition is available on Amazon.com at $24.95. Meanwhile the $19.95 ebook edition (at Amazon.com or in the iTunes store) links every mention of a case or code section to the full text online, as well as the leading Internet resources for using the federal Freedom of Information Act.  And like any other ebook, the format allows for contextual word searching, bookmarking and highlighting. Both editions also include recommended protests or statements to be used in the field when journalists’ rights of access or independence are threatened.

Reviewers’ Reactions

"More often than not, requests for public information are met with a quick "No." The CalAware Guide to Journalism Law in California provides a powerful remedy by arming its readers with explanations of the public access laws and tips on how to apply them to best advantage. Every California journalist—and citizen activist, for that matter—should have a copy nearby." -- Ken Brusic, Editor and Senior Vice President, the Orange County Register

"A thorough and highly informative resource for journalists navigating the constantly changing legal landscape of their profession." -- Elizabeth Larson, Editor and Publisher, www.lakeconews.com

"A terrific guide for working journalists and students learning the business. It’s easy to locate the information and it’s written so a layman can understand it. The go-to resource on journalism law in California." -- JW August, Senior Investigative Producer, 10News/KGTV, San Diego

"Terry Francke has been a tireless source of sage legal advice for journalists, and this book contains literally a lifetime of legal expertise. It ought to be required reading in every J-school and a desktop companion for journalists at every level." -- Jackie Ginley, Freelancer, Truckee

"As a small community newspaper committed to holding public officials accountable, we have relied on CalAware for over 20 years for guidance on our rights to obtain information from local government. This new edition is well organized, up-to-date, and highly informative. I strongly recommend it for everyone in the media in California—purchase it, read it, use it!" -- Dave Scholl, Editor and Publisher, Dixon’s Independent Voice

"In addition to advising you on your rights to access public meetings and government records, this helpful resource offers tips for covering court proceedings and law enforcement stories. It also tells you what you need to know to avoid libel, slander, or invasion of privacy claims. A question and answer format makes material easy to read. I will definitely be recommending that all of our news organization's reporters and freelance journalists get it." -- Miriam Raftery, Editor, East County Magazine, La Mesa

"CalAware’s Journalism Law in California is the single best go-to resource on the subject.  It gathers in one place everything the journalist needs to know about the sea of laws she swims in every day.  Written by a lawyer expert in journalism law, its Q&A style makes that body of law completely accessible to the lay reader.  It's an excellent resource of students and professionals alike.   Along with The Elements of Style and the AP Stylebook, this is sure to become part of every journalist’s professional library."-- James Wheaton, Adjunct Faculty (Journalism Law) at the Graduate Schools of Journalism at UC Berkeley and Stanford University

Content Detail

  • Chapter 1: Access to Public Records
  • Fundamentals: The CPRA
  • What is the California Public Records Act?
  • Does the CPRA apply to federal records?
  • Does the CPRA apply to all important records in government?
  • Must I have a “need to know” in order to have access to records?
  • Making the Access Request
  • Must I make my CPRA access request in writing?
  • Must I identify myself in making an access request?
  • Must I reveal my purpose in requesting access?
  • How well must I describe what I’m looking for?
  • Can I require the agency to compile a list or report?
  • Must the agency help me make an effective request?
  • What can I be charged a fee for: Inspection? Copying?
  • How soon must my request get a response?
  • Exemptions from Disclosure
  • Does an exemption from disclosure mean the record can’t be released?
  • May the agency provide public access to favored persons but not me?
  • If part of a record is exempt, may it all be withheld?
  • The Draft Exemption
  • Are draft documents per se exempt from disclosure?
  • The Litigation Exemption
  • Are litigation-related records exempt permanently?
  • The Personal Privacy Exemption
  • What kind of information can be withheld to protect personal privacy?
  • Are the exact earnings of named government workers public or private?
  • What about public employee pensions?
  • Are records of personnel complaints and disciplineexempt?
  • What about access to police and sheriff’s officers’ personnel records?
  • The Law Enforcement Exemption
  • Which law enforcement information is exempt from disclosure?
  • Must I provide proof that I am a journalist in order to get access to law enforcement information?
  • Other Confidentiality Rules
  • Are the CPRA exemptions the only legal bases for withholding information?
  • The Catchall Exemption
  • Can a record be withheld even if it is not made expressly confidential by some statute?
  • What is the deliberative process privilege?
  • Chapter 2: Access to Local Government Meetings
  • Fundamentals: The Brown Act
  • What is the Ralph M. Brown Act?
  • Which local government bodies does the Brown Act apply to?
  • When is there a “meeting” covered by the Act?
  • Does the Act allow out-of-town meetings?
  • Can the meeting place be relocated for emergencies?
  • Can staff brief and lobby members of the body outside the public eye?
  • Meeting Notices
  • How must Brown Act bodies publicize their meetings?
  • What notice is required for meetings held on a regular schedule? .
  • What if action or discussion is undertaken on off-agenda items?
  • What are the rules for public notice of special meetings?
  • What are the rules for public notice of emergenc ymeetings?
  • When can the one-hour advance notice to the press of an emergency meeting be disregarded?
  • Meeting Documents
  • When must copies of meeting-related documents be available?
  • Public Comment Rights
  • Must regular meetings permit public comment?
  • When may public comment be denied?
  • Must the body allow public comment at special meetings?
  • May the body limit the time allowed for public comment?
  • Must the body permit comment on anything at all?
  • May the body forbid comment on certain matters by the public?
  • Closed Sessions
  • What topics may the body address in closed session?
  • “Personnel” Closed Sessions
  • What “personnel” matters does the Act permit the body to discuss in closed session?.
  • When must an agency employee be alerted concerning a closed session about him or her?
  • Besides personnel discussions, what are the other most frequently cited bases for closed sessions?
  • Litigation Closed Sessions
  • Are there limits on which bodies can use the pending litigation closed session?
  • How do I decode the agenda listings for closed litigation sessions?
  • What must the body reveal after a closed litigation session?
  • Property Negotiations Closed Sessions
  • Are there limits on a property negotiation closed session?
  • How do I decode the agenda listings for real property negotiation sessions?
  • Employee Bargaining Closed Sessions
  • Are there limits on an employee bargaining closed session?
  • How do I decode the agenda listings for closed employee bargaining sessions?
  • Are local education agencies under the same rules?
  • Must any disclosures be made about closed sessions beforehand or afterward?
  • Correcting Violations
  • When the Brown Act is violated, what court enforcement is available?
  • Can the plaintiff who wins a Brown Act case recover attorney’s fees?
  • Is a knowing and deliberate violation of the Brown Act a crime?
  • Chapter 3: Constitutional Open Government Rights
  • What is Proposition 59?
  • What effect does Proposition 59 have on other law?
  • Does Proposition 59 reduce privacy rights?
  • Does Proposition 59 reduce other fundamental rights?
  • Does Proposition 59 cancel other laws on what is public and not public?
  • Then what is Proposition 59’s impact?
  • Does Proposition 59 affect how new limitations on access are to be justified?
  • Is any of the three branches of state government exempt from Proposition 59?
  • Chapter 4: Access to Court Proceedings and Records
  • Fundamentals: Public Access Is Presumed
  • Is access to court proceedings and records guaranteed?
  • What can I do if a court ignores the presumption of access?
  • Are some court proceedings always closed to the public?
  • Criminal Proceedings
  • What is the presumption of open criminal proceedings?
  • Are bail and detention hearings presumptively open to the public?
  • Are sentencing and other post-trial proceedings held presumptively open?
  • Are military courts martial presumed open as a species of criminal proceeding?
  • Does the presumption of openness apply to deportation proceedings?
  • Civil Proceedings
  • Is there a presumption of open civil proceedings in California?
  • What about post-imprisonment civil commitment proceedings for convicted sex offenders?
  • Are federal civil proceedings presumed open as well?
  • What is “private judging,” and is the public excluded?
  • Juvenile Proceedings
  • Is there any difference in juvenile court proceedings that makes a difference in public access?
  • What access is provided to juvenile delinquencyproceedingsAre records of the open proceedings likewise accessible?
  • How do I find out where the proceeding is being held?
  • Are dependency proceedings ever open to the public?
  • May a court otherwise require the press to waive First Amendment rights in order to gain access?
  • How do I get access to dependency case records?
  • Photography, Recording and Broadcast
  • Is photography or other technological recording permitted in California courtrooms?
  • Does Rule 1.150 set default rules for camera and recording equipment?
  • What are the consequences for violating Rule 1.150?
  • Are sketch artists subject to Rule 1.150?
  • Can the judge insist on editing the tape or film?
  • What rules govern photography or other recording in federal courtrooms in California?
  • Personal Digital Communication Devices
  • What rules govern smartphones, laptops, tablets and other devices with Internet connections?
  • Records of Court Proceedings
  • Are court records also presumed open to the public?
  • What are the access rules in state courts?
  • Are records of proceedings before “private” judges public?
  • Sealing and Unsealing Records
  • How must state courts deal with parties’ motions to seal?
  • Have any laws permitting the sealing of civil case records been held invalid?
  • What are the rules for sealing records in federal courts in California?
  • Access Time Windows, Recordings, Search Documents, Grand Jury Transcripts
  • Are there court records access to which is determined only by certain events or time periods?
  • Are video or audio tapes introduced into evidence accessible to the public?
  • What circumstances or laws may limit access to search warrant affidavits and related records?
  • What circumstances or laws may limit public access to grand jury transcripts?
  • Always Confidential Case Records
  • Are some California criminal case records unconditionally confidential?
  • Are some California civil case records unconditionally confidential?
  • Online Access to Case Records
  • What case information is available in electronic form by remote access?
  • Records of Court Administration
  • Are records of court administration presumed public in California?
  • Are provisions of Rule 10.500 to be interpreted in the light of similar rules in the CPRA?
  • What are the provisions in which Rule 10.500 is less favorable to access than the CPRA?
  • If Rule 10.500 public information is denied, who presides over a court challenge?
  • How long must court administrative information be retained?
  • How do I file a request for access to court administrative records?
  • What rules govern the processing of a request for access?
  • Chapter 5: Rights and Risks of News Gathering
  • Fundamentals: The Source of News Gathering Rights
  • Does the First Amendment provide me with any unique rights as a journalist?
  • Where do press-specific rights and privileges come from?
  • Press Passes and Access Discrimination
  • Do I have a legal right to a press pass?
  • What kind of conditions may the government place on press pass eligibility?
  • If my application for a press pass is denied, am I entitled to know why?
  • Are there reasons that do not justify denying a press pass?
  • Can a government official deny me access as punishment for bad press?
  • What about playing favorites in giving others access to records, but not me?
  • Access to Private and Public Property
  • Do I have a First Amendment or other legal right freely to enter private property?
  • What if a tenant invites me to his or her home or business rental?
  • In covering a breaking story, do I have the right to accompany police, firefighters or other public safety personnel onto private property?
  • Are coverage agreements with law enforcement raiders legally risky?
  • What’s the difference between intrusion liability and trespass liability?
  • Do I risk legal liability in posing as someone else in order to get access to private areas?
  • What are my rights to gather news on business premises?
  • What are my rights to gather news on government property?
  • Do I have any First Amendment rights to enter jails or prisons?
  • What are my rights to witness executions?
  • What are my rights to attend parole hearings?
  • “Yellow Tape” Public Safety and Crime Scenes
  • What are my rights of access to accident, disaster and riot scenes?
  • Can I be kept out of yellow tape zones for my own safety?
  • What if any basis do officials have for limiting my access to yellow tape zones?
  • Is federal regulation of certain disaster scenes more restrictive?
  • Public School Premises
  • What are my rights of access to public school grounds?
  • Am I as a journalist an “outsider” compelled to register for school access?
  • Public Performance Venues
  • What are my rights of access to arts, sports or entertainment events in public facilities?
  • Private Records and the Risks of Acquiring Them
  • Do I risk legal liability for receiving leaked private records?
  • What if it was unlawful for the source to leak the information?
  • What if I am given information I don’t realize is “stolen?
  • Must I give unlawfully leaked records back to the owner?
  • Are records left out for trash collection accessible without liability for conversion or theft?
  • News Gathering from the Internet
  • Could I be liable for defamation for recirculating information found on the internet?
  • Could I be liable for invasion of privacy for recirculating material people post about themselves publicly on the internet?
  • Could I be liable for copyright breach for using internet-published material owned by others?
  • Accident Victims and Hospital Patients
  • Does California law allow public access to medical information?
  • What are the HIPAA restrictions and how do they affect California law?
  • How has California law adjusted to the more restrictive HIPAA?
  • Do the HIPAA restrictions apply to public safety and emergency personnel or others who are not medical providers?
  • What guidelines have professional health provider organizations established to interpret HIPAA’s privacy provisions?
  • Secretly Recording Conversations
  • What risks would I run in the surreptitious recording of conversations?
  • What is the specific restriction posed by Penal Code §632?
  • Does the law apply to recording silent video or film as well as audible communication?
  • Why does secret recording also risk liability for the tort of intrusion?
  • Is secretly recording someone in his or her home an intrusion?
  • Is secretly recording someone on his or her doorstep an intrusion?
  • What liability if any would I risk in recording a business presentation made in a public setting?
  • What liability results from a journalist’s secretly recording his or her own office consultation—as a purported “patient”—with a medical professional?
  • What liability would I risk in recording a real patient’s interaction with a medical professional?
  • What liability might I incur in recording a conversation with a fellow employee in the workplace?
  • What liability might I incur in recording, with his or her consent, one party to a phone conversation?
  • Wouldn’t a tape be useful to prove what someone said if I were sued for defamation?
  • Eavesdropping, Wiretapping, Hacking
  • What would I risk in using technology to monitor or capture others’ conversations or messages?
  • Federal Restrictions on Interception
  • Publishing Intercepted Conversations
  • What would I risk in publishing the contents of communications that I receive from others, knowing or suspecting they unlawfully intercepted them?
  • Photographing the Unwilling/Unaware
  • Where am I legally protected in using a camera?
  • Where would a court draw the line against extreme photo stalking?
  • What legal exposure might result from my use of long-distance photo (or audio) technology?
  • What legal exposure may result from an overly aggressive photo approach?
  • Police Seizure of Cameras/Smartphones
  • Can police, security guards or others seize my camera or film as evidence?
  • What about my cellphone camera?
  • Interviewing the Willing and Unwilling
  • Can I be punished for asking “the wrong question?”
  • Are ambush interviews as such subject to liability?
  • Can the government order people not to speak to me?
  • May government gag its officials?
  • Interviewing Public Employees
  • May public employees’ speech be regulated?
  • May the government restrain its employees’ speech?
  • May the government punish public employees’ speech?
  • Has the Pickering standard served to protect public employees who blow the whistle to the press?
  • Wouldn’t a government employee be more protected by reporting a problem internally—up the chain of command— than by whistleblowing to the press?
  • Interviewing Participants in Judicial Proceedings
  • Why do courts try to control the speech of those involved in trials and other judicial proceedings?
  • May grand jurors and grand jury witnesses speak to me?
  • What about gag orders on speech by trial participants?
  • What keeps gag orders from cutting off all trial-related information outside the courtroom?
  • Gag Orders to Protect Privacy or Reputation
  • Are gag orders permitted in civil cases to protect privacy?
  • Does it make a difference if the private information was obtained only through court-ordered discovery?
  • Are gag orders permitted in civil cases to protect business interests?
  • What about gag orders in civil cases to protect the integrity of the trial process?
  • Can a court order a person to stop making statements that have already been ruled false and defamatory?
  • Attorneys’ Ethical Constraints
  • Is a gag order the only barrier to comments by trial attorneys?
  • Interviewing Jurors
  • Am I permitted to contact jurors while they are sitting in a case?
  • Can the judge order me not to speak to jurors after trial?
  • What are the rules on access to federal jurors?
  • When may juries be kept anonymous?
  • May the Legislature outlaw paying the jurors (after trial) for press interviews?
  • Interviewing Jail and Prison Inmates
  • What rules govern access to California prison inmates?
  • Could these policies change anytime soon?
  • Interviewing Hospital Patients
  • Are there laws determining journalists’ rights to interview patients in a hospital?
  • Interviewing Pupils and Children
  • Can school staff prevent me from interviewing pupils without parental consent?
  • Are there risks in interviewing smaller children without parental consent?
  • Interviewing Friends and Relatives
  • What risks do I run in interviewing a news subject’s friends or relatives?
  • Pledging Anonymity to a Source
  • What happens if I don’t live up to my promise to keep a source’s identity confidential?
  • What happens if I inadvertently expose a confidential source?
  • Covering Volatile Protest Demonstrations
  • What are my principal legal risks as a journalist in covering protest demonstrations that may turn violent or otherwise provoke arrests?
  • Chapter 6: News Publication and the Consequences
  • Fundamentals: Orders Barring Publication
  • Where does the prohibition against prior restraint come from?
  • Has prior restraint become more tolerated since Near?
  • Has the Supreme Court ever let stand a prior restraint since its 1970s rulings?
  • Have federal courts in California been any more willing to issue prior restraints?
  • Have California’s own appellate courts been any more willing to issue prior restraints?
  • Are prior restraints any more likely if a fair trial is not the concern?
  • Orders Compelling Publication
  • Can a law or a judge compel a news organization to publish or broadcast something?
  • Does the Tornillo principle allow the media the freedom to be arbitrary or unfair?
  • Publishing the Truth on Vital Issues
  • Can there be criminal or civil liability for publishing truthful information, lawfully acquired, about a matter of public concern?
  • Law Enforcement Searches of Newsrooms
  • Are law enforcement searches of newsrooms lawful?
  • Why was the ban on newsroom searches enacted?
  • Is there a federal barrier to newsroom searches as well?
  • Has the federal barrier been tested in practice?
  • How should we react to a suddenly presented search warrant?
  • Journalists’ Shield against Subpoenas
  • What California law protects journalists from intrusive subpoenas?
  • Does California’s express shield law protect internet publishers who post documents leaked to them by others?
  • Does the express shield law apply to an internet news web site as a kind of “periodical publication?”
  • Journalists’ Shield against Discovery Motions
  • What California law protects journalists from discovery motions that compel identification of sources?
  • Does the implied shield under Article I, Section 2 (a) apply to the activity of internet publishers who disclose proprietary business documents leaked to them?
  • Subpoenas and Discovery in Federal Civil Cases
  • How are subpoenas to journalists for unpublished information treated in federal civil litigation?
  • Do federal courts shield journalists from discovery of unpublished information in a defamation case brought against them ?
  • Subpoenas in Criminal Cases
  • Is California’s express shield law absolute against subpoenas by criminal defendants?
  • Why may the journalist be the best of all witnesses for a defendant?
  • Has the subpoena shield been lowered after Delaney?
  • Is California’s express shield law absolute against subpoenas by prosecutors?
  • When may a prosecutor’s rights trump the express shield law?
  • Is there a shield from subpoenas in federal criminal cases?

    Do U. S. Attorneys have a policy and procedures to avoid clashes with journalists’ ethics?

  • Is there a shield from criminal defendants’ subpoenas in federal court?
  • Judges’ Pursuit of Gag Order Violators
  • How did violation of a gag order lead to California’s express constitutional shield law?
  • How does California’s express shield law now cope with judges’ pursuit of gag order violators?
  • What if the gag order leak occurs in a federal trial?
  • Chapter 7: A Defamation and Privacy Checklist
  • Fundamentals: Learning the Law’s Protections
  • The Anti-SLAPP Era
  • What is an anti-SLAPP motion?
  • What are the elements of a defamation case that a plaintiff under an anti-SLAPP motion must immediately establish?
  • If an anti-SLAPP motion is granted in an invasion of privacy (disclosure) case, what must the plaintiff immediately establish in order to avoid dismissal?
  • Using the Checklist to Best Advantage
  • What is the purpose of this defamation/privacy checklist?
  • When should the checklist be used?
  • Is the checklist a substitute for legal advice?
  • Checklist Issue 1: Is the statement defamatory (harmful to reputation)?
  • Is there a qualitative difference between a libel and aslander?
  • Must a defamation accuse a person of wrongdoing in order to be actionable?
  • Are only verbal statements capable of defamation?
  • Checklist Issue 2: Is the statement one of provable or disprovable fact?
  • Checklist Issue 3: Does the statement express only personal opinion?
  • Does every statement labeled or couched as “opinion” have constitutional protection?
  • Are certain types of expression exhibiting unflattering viewpoints frequently protected?
  • Checklist Issue 4: Is the statement simply name-calling, rhetorical hyperbole, parody or satire?
  • Can public figures and officials successfully sue for utterly outrageous falsehoods presented as satire?
  • Are satire and parody about non-public figures protected as well?
  • Checklist Issue 5. Is the statement about some identifiable person or group capable of suing?
  • Does this principle prevent organized groups from suing?
  • Checklist Issue 6: Is the statement false?
  • Checklist Issue 7: Is the statement true, but indefensibly invasive of personal privacy?
  • How do California courts decide whether a disclosure of private facts was “newsworthy?”
  • Is publication of facts found in court records always protected from privacy liability?
  • What if the court records have been sealed and presented to the jury in only edited form?
  • Checklist Issue 8. Is the statement unprivileged?
  • Is there a “cops/courts/government” reporting privilege?
  • Does a “fair and true report” make knowledge or intent irrelevant?
  • What if the effect is unfair because the reported facts are untrue?
  • Which media qualify for the privilege as a “public journal?”
  • Which public official “proceedings” are sources of privileged reports?
  • Does the privilege apply to reports of closed proceedings?
  • Which “public meetings” are sources of privileged reports?
  • Checklist Issue 9: Is the publication or broadcast blameworthy?
  • How can the reliability of sources who are percipient witnesses be evaluated?
  • How can the reliability of sources who are experts be evaluated?
  • How can the reliability of documentary sources be evaluated?
  • Should the one most likely to sue be sought out for reaction?
  • Checklist Issue 10: Is the statement retractable?
  • Can we make a correction in an obscure portion of the publication on a low-circulation day, or at a low-audience broadcast hour?
  • Streamlining the Checklist
  • Chapter 8: High School Journalists’ Rights and Risks
  • Fundamentals: The Tinker and Hazelwood Cases
  • What is the starting point for discussing student journalism and school censorship?
  • How has the Supreme Court applied Tinker‘s protection of student speech to student journalism?
  • California’s High Barrier against Censorship
  • Does Hazelwood leave California student journalists open to administrative censorship?
  • What does Education Code §48907 say?
  • How does Section 48907 compare with Hazelwood? ...........277
  • What then is the net scope of student journalistic freedom under Section 48907?
  • Must school officials explain themselves before imposing prior restraint?
  • May school officials edit student publications? ....................278
  • The First Limit on School-Sponsored Journalism: Obscenity
  • What does Section 48907 mean by “obscenity” and why can it be censored?
  • Can “dirty words” be censored for being obscene?
  • What does the law mean by appealing to the “prurient interest?”
  • The Second Limit on School-Sponsored Journalism: Defamation
  • What does Section 48907 mean by “defamation” and when can it be censored?
  • What, under Leeb, is the key question to ask in considering censorship of a perceived defamation?
  • What does California case law suggest about avoiding defamation in student publications?
  • What is the central factor in whether a statement will be taken as a protected satire or parody?
  • What is the central factor in whether a statement will be taken as protected opinion, name-calling, or exaggeration?.
  • How have California privileges been applied to protect defamation defendants in the school setting?
  • How has the First Amendment privilege been applied to protect defamation defendants in the school setting?
  • Are students public figures who must overcome the First Amendment privilege?
  • Are teachers public officials or figures who must overcome the First Amendment privilege?
  • Are school board members or superintendents public officials who must overcome the First Amendment privilege?
  • Are lower level administrators such as principals public officials?
  • The Third Limit on School-Sponsored Journalism: Incitement to Disorder—“Clear and present danger”
  • What are the standards for restraining publication to avoid incitement of lawbreaking or disruption?
  • Are courts likely to give school officials the benefit of the doubt in close cases as to whether prior restraint was needed in response to a “clear and present danger?”
  • The Fourth Limit on School-sponsored Journalism: Breach of Professional Standards
  • Can student work be subject to prior restraint if it does not meet standards of professional journalism?
  • How may journalism advisors maintain professional standards?
  • What evidence suggests that Section 48907 was not intended to free student journalists to publish profanities? ......................301
  • Unofficial “Underground” Newspapers and Other Media!................................................................................303
  • What protection is there for student-initiated unofficial off-campus publications? ..........................................................................303
  • Protection from Discipline for Student Journalists
  • What protection for student speech and press is there if students are disciplined?
  • Does the Leonard Law apply to disciplinary rules and actions at particular schools as well as the district level?
  • Does the Leonard Law allow a rule to be attacked as unlawful as soon as it is adopted?
  • Is a student who wins his or her Leonard Law challenge to discipline entitled to an award of attorney fees?
  • What is the Leonard Law’s relationship with the free speech provisions of Section 48907? Does the Leonard Law apply to students in private schools?310
  • Does the Leonard Law protect activity that would be subject to lawsuit or prosecution for professional journalists?
  • Chapter 9: College Journalism Rights and Risks
  • Constitutional Protection for Publication
  • Rights and Risks in News Gathering
  • Post-Publication Challenges