News

Tale of two requesters: How public records law experiences differ by requester types

March 27, 2024

By Jay A Wagner and David Cuillier

Sage Journals

Abstract

The journalism industry was central to the materialization of U.S. freedom of information (FOI) laws, yet journalists frequently voice dissatisfaction with the state of FOI laws. The study surveyed 330 public records requesters on their experiences with FOI laws, finding public-interest requesters (journalists, academics, nonprofits, and private individuals) reported a significantly different experience, including a lower likelihood of receiving records, than for-profit requesters (commercial requesters and lawyers). For-profit requesters were less likely to believe FOI laws positively impact government accountability or improve society. The findings suggest reassessing whom the laws serve and whether they meet their original democratic objectives.

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NOMINATIONS OPEN FOR THE PARKER THOMSON AWARDS FOR OUTSTANDING LEGAL JOURNALISM IN FLORIDA AND THE SUSAN SPENCER-WENDEL LIFETIME ACHIEVEMENT AWARD

FOR IMMEDIATE RELEASE March 11, 2024

CONTACT: Nellie Louis, [email protected]

Communications TELEPHONE: 850-561-5764

Nominations are now open for 2024 The Parker Thomson Awards for Outstanding Legal Journalism in Florida and the Susan Spencer-Wendel Lifetime Achievement Award. Submit nominations before the April 30, 2024 entry deadline.

The first-place award recipients for The Parker Thomson Awards for Outstanding Legal Journalism in Florida will receive a cash prize of $500, a plaque and travel reimbursement to attend the awards ceremony. A reporter who chooses not to accept the monetary prize may opt to donate to the First Amendment Foundation.

The Florida Bar’s Media & Communications Law Committee has presented awards for stellar legal journalism for more than 60 years. This honor is named for the late Miami lawyer Parker Davidson Thomson, for his countless contributions to media law. His expertise included helping newspapers obtain public records.

Qualified entries highlight the system of law and justice as it affects Floridians. Any journalists who write for a radio station, blog, television station, wire service or online-only publication located in Florida are eligible to enter.

Entries must have been published or produced between Jan. 1, 2023, and Dec. 31, 2023. Content of entries may be current or historical, objective or analytical in nature. Special consideration may be given to entries that demonstrate courage or tenacity on the part of the news medium or the journalists who produced the entry.

Reporters receiving first place in any of the categories will take home $500, and those receiving second place will get $250. If multiple reporters are by-lined on a winning entry, the cash award will be divided evenly among them. Reporters who choose not to accept the monetary prizes may opt to donate to the First Amendment Foundation.

Media organizations large and small are encouraged to enter. Judging criteria are not based on the greatest amount of resources used, but whether those resources available are used well and to the fullest in the tradition of outstanding journalism.

Awards are presented in four categories: 

PRINT

Any non-opinion-based news material with a printed component, whether presented in print or online.

Any opinion-based material in a newspaper with a printed component, including blogs, editorials and columns, whether presented in print or online.

TELEVISION

Any broadcast story or series that investigates a single issue or continuously follows a single subject/trial.

RADIO

Any broadcast story or series that investigates a single issue or continuously follows a single subject/trial.

ONLINE-ONLY PUBLICATIONS

Any online story or series, commentary, editorial cartoon or photo focusing on a single issue or continuously covers a single subject/trial.

The awards jury consists of two out-of-state journalists, two Florida lawyers with substantial experience in journalism and/or media law, and one Florida educator of journalism or law. The determination of the awards jury is final and is not reviewed by The Florida Bar. The Florida Bar does not endorse the content of the winning entries.

SUSAN SPENCER-WENDEL LIFETIME ACHIEVEMENT AWARD

The Susan Spencer-Wendel Lifetime Achievement Award honors a retired or working journalist who has written or reported extensively in an outstanding fashion to educate citizens on the system of law and justice as it affects the people of Florida. Spencer-Wendel was a veteran Palm Beach Post courts reporter who died in 2014 after a well-documented fight with ALS. She received a lifetime achievement award from The Florida Bar’s Media & Communications Law Committee in 2012 and numerous other media awards throughout her career.

The award recipient will receive a cash prize of $500, a plaque and travel reimbursement to attend the awards ceremony. A reporter who chooses not to accept the monetary prize may opt to donate to the First Amendment Foundation.

The Parker Thomson and Susan Spencer-Wendel media awards will be presented at the Florida Media Conference in July, in Orlando. Winners will be notified in advance.
 

In shadow of Trump tweets, Supreme Court outlines when officials can be sued for social media use

NBC News

By Lawrence Hurley

March 15, 2024

Former President Donald Trump’s frequent use of Twitter lurked in the background as the justices weighed whether an official’s online activities can constitute government action.

WASHINGTON — The Supreme Court ruled Friday that members of the public in some circumstances can sue public officials for blocking them on social media platforms, deciding a pair of cases against the backdrop of former President Donald Trump’s contentious and colorful use of Twitter.

The court ruled unanimously that officials can be deemed "state actors" when making use of social media and can therefore face litigation if they block or mute a member of the public.

In the two cases before the justices, they ruled that disputes involving a school board member in Southern California and a city manager in Michigan should be sent back to lower courts for the new legal test to be applied.

In a ruling written by Justice Amy Coney Barrett, the court acknowledged that it "can be difficult to tell whether the speech is official or private" because of how social media accounts are used.

The court held that conduct on social media can be viewed as a state action when the official in question "possessed actual authority to speak on the state's behalf" and "purported to exercise that authority."


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Despite Marsy's Law ruling, TPD won't release information on officer involved in shooting

The Tallahassee Democrat

By Jeff Burlew

March 15, 2024

However, the Leon County Clerk of Court, relying on both the Marsy’s Law decision and guidance from the Florida Court Clerks & Comptrollers association, took an entirely different tack.

After the Florida Supreme Court held that Marsy’s Law can’t be used to hide the identities of law enforcement who used deadly force, the Tallahassee Police Department is refusing to release the name and personnel file for one of two officers at the heart of the landmark case.

The state’s high court ruled Nov. 30 that Marsy’s Law, a constitutional amendment approved by voters in 2018 that grants certain rights to crime victims, doesn’t guarantee anonymity for any victim, police officers included.

The decision was expected to open the door to release of information that police departments across Florida secreted away in the wake of Marsy’s Law's passage, including the names of not only crime victims but police officers who considered themselves victims of the very suspects they killed.

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Sine die done: Here are the winners and losers of the 2024 Florida Legislative Session

Florida Today
March 8, 2024

What flourished and what flopped at the end of the Sunshine State's annual 60-day legislative get-together.
 

Every legislative session is different, but one thing was the same this year: When the governor’s not happy, nobody’s happy. And at the end of the day, the man in the mansion’s got to be a winner.

Ron DeSantis started the session as a presidential candidate, becoming an un-candidate just two weeks in. The speculation started: Would he exert as much control over the process as he had last session?

Well, sort of. 

The closest Florida lawmakers got to a hullabaloo in 2024 was over the effort to keep kids under 16 off social media. They pushed the measure known as HB 1 to passage then found out DeSantis wasn’t kidding about how much the social media minor ban caught him crosswise because of parents’ rights and anonymous speech concerns.

So legislative leadership went bill rewriting, pulling a related measure (HB 3) out of the dustbin of session and tossing in “similar, slightly less sweeping restrictions,” as the USA TODAY NETWORK-Florida reported, creating an exception for 14- and 15-year-olds who get a parent's or guardian’s permission.

Efforts to continue to remake the state into a conservative paradise were a bit of a mixed bag. Some bills, like the one to protect Confederate memorials, sputtered and fell into the black hole of dead legislative dreams. Others, ahem, streaked through: A bill to raise the minimum age to be a stripper in Florida to 21, up from 18.

The social media bill was House Speaker Paul Renner’s priority, and a wide-ranging health care plan to boost the number of health care providers sailed through, a legacy of Senate President Kathleen Passidomo.

Oh, but there were losers a-plenty. What follows is a ragtag list of winners and losers – Crimson Tides and Deacon Blues for Steely Dan fans – of the 2024 legislative session:


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