Today’s media rely heavily on recording as a means of newsgathering and reporting overtly or covertly by reporters and others. Use a specific situation and type of recording to discuss three types of laws that may affect the rights of news media to record and distribute such recordings.

What will be an ideal response?

An excellent answer would discuss the general tendency for the laws to apply equally to journalists and any citizen. Then the answer might note that this is a very complicated and shifting area of the law before exploring any of the following: (1) Constitutional protections: First Amendment general but uncertain public right to record in public places when it does not disrupt police or violate others’ rights. Highly fact-specific and variable First Amendment right of access to government spaces and facilities. Fourth Amendment protection against unreasonable search and seizure. (2) Federal law: Section 1983 anti-harassment laws limit the ability of government officials to seize or destroy recordings or recording equipment. Anti-wire-tapping laws prohibit interception and covert recording of wire communications (phones, cell phones, etc.). FCC rules require notification of recording and broadcasting the recording. Court rules limit recording of legal proceedings. (3) State laws: Trespassing laws prohibit physical or electronic intrusion into private property. Specific laws (e.g., ag gag) may limit access to and recording of specific types of facilities. Anti-paparazzi/anti-harassment laws that may limit or prohibit certain types of recording. Laws against fraud and misrepresentation may limit covert recordings or recording under false pretenses. Some state laws require permission from all parties being recorded. Court rules limit recordings of legal proceeding