2.  “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

3.  Religion – Government cannot enact any official religion.  Speech – Government cannot make any law abridging the freedom of speech.  Assembly – Government cannot restrict peaceable assembly.

4.  No, we are not allowed to just say anything at any time.  Can’t yell “fire” in a crowded theater and face no penalty.  Some laws and restrictions have been put in place.

5.  Libel is written defamation. Slander is spoken defamation.  Defenses in a libel lawsuit: - Truth - Privilege - Fair comment and criticism

6.  Truth is the ultimate defense against libel. If it’s true, it cannot by definition be libelous.  Official documents are your friend. The information in police reports, court documents is protected even if the information is incorrect. As long as you reported what was written there.

7.  Legislators, government officials and judges have the legal privilege to say anything, even if it’s not true, while acting in an official capacity.  If you report fully, fairly and accurately on the government, even if an official makes a libelous statement, you are protected.

8.  Opinion writing related to the actions of those who put themselves in the public eye is protected.  Actors, sports figures, public officials and other newsworthy people.

9.  A public official or public figure has to prove a story was printed with reckless disregard for whether it was false or not.  Supreme Court ruling – “debate on public issues should be uninhibited, robust and wide open.”

10.  How do rumor-heavy tabloid magazines and TV shows exist?  Report on people who willingly place themselves in the public eye.  Standard is higher for libel suits for these people. Generally you have protection and long as you stay on the topic at hand.

11.  Same standards apply to online reporting as traditional reporting.  Libel law in relation to the Internet, like everything else in relation to the Internet, is evolving.

12.  Laws vary from state to state. In Michigan, if a reporter is found guilty of libel, the penalty is actual damages.  So, if the report caused a person to lose their job, the organization that committed libel would be subject to paying for lost wages.

13.  A few simple questions reporters can ask to avoid libel: - Have I reported fully? - Have I reported factually? - Have I reported fairly? - Have I reported in good faith?

14.  A violation of a person’s right to be left alone.  Not allowed to trespass onto private property. Or trespass into a person’s home via photograph.  Not allowed to publish a story or photo that is misleading and portrays the person in a “false light.”

15.  No allowed to “disclose something about an individual’s private affairs that is true, but highly offensive to individuals of ordinary sensibilities.” Kinda vague, huh?  A basic defense – consent. The person consented to allowing you on their property, or consented to allowing the information to be disclosed.

16.  Laws are in place in many states to “shield” journalists from having to disclose sources.  Michigan is one of 33 states that has a shield law.  Notes – many news organizations recommend destroying notes after a story has been published. Why?

17.  News articles and reports are typically blanket copyrighted by the news organization.  Fair use – using a small excerpt of a work such as a news story, song, TV show or movie.  Fair use has generated a lot of legal activity in the age of mashups, sampling, etc.

18.  The legally registered brand name of a product.  Trademark law operates to prevent consumer confusion and protect the business relationship between a company and its customers.

19.  Reporters should be careful when they use trademark names. Make sure if you use one you are referring to that specific brand, and not a similar product.  Companies that hold brands may send angry letters if you aren’t careful. In extreme cases, legal action may be taken.

20.  Some brand names are so common we almost use them generically.  Band Aid, Breathalyzer, Dumpster, Frisbee, Kleenex, Jell-O, Styrofoam, Taser.  “Don’t Taze me, bro!”

21.  To reiterate – make sure you use the trademark correctly, otherwise you should write around it.  For example: Use trash bin unless you are absolutely certain it is a Dumpster brand trash bin.  Stylebook is your friend with trademarks and alternatives.

23.  You are a photographer assigned to take a photo to accompany a story on April 15, tax filing day.  You take a photo at the post office.  The photo that runs includes, quite clearly, the person in the picture’s Social Security number.  Can you be sued for invasion of privacy for this?

24.  You report on an accident in which a 5-year- old boy is injured after the bike he was riding was hit by a car.  The boy’s grandmother learns of the accident from your report. She suffers a heart attack.  The boy’s angry father calls and says he’s going to sue you for invasion of privacy.  Can you be sued for invasion of privacy?

25.  You report on a man charged with rape. The man’s last name is the same as someone did a personality profile on six months ago.  You mistakenly use the first name of the person you did the personality profile on instead of the man who was charged.  Can you be sued for libel?