Monthly Archives: April 2013

Access Denied

in Opinion by

The White House is the official residence and principal workplace of the President of the United States.

The White House is the official residence and principal workplace of the President of the United States. (Photo by: Robin Hamilton/Full Sail University).

Some federal agencies require certain public records be released under an approved Freedom of Information Act (FOIA) request. The Freedom of Information Act is a “law that gives you the right to access information from the Federal government. It is often described as the law that keeps citizens in the know about their government.”Although the act provides a “right to access,” access is not always readily granted. Jason Leopold, an investigative journalist sued the FBI, CIA, and DOJ alleging they were in violation of FOIA. Leopold claimed he waited over a year to obtain documentation needed to support his investigative reporting. He believes the long wait could be due to the tremendous amount of requests that come in regularly causing a huge backlog.

In 2007 and amendment was made to the Act allowing those making requests an opportunity to inquire about a completion date for his or her FOIA request. The amendment states: Pursuant to 5 U.S.C. § 552(a)(7)(B), “Each agency shall … establish a phone line or Internet service that provides information about the status of a request to the person making the request …, including … an estimated date on which the agency will complete action on the request.” Whether or not prompt responses are granted is open for debate.

Social Security Administration building.

Social Security Administration building. (Photo by: Robin Hamilton/Full Sail University).

In spite of a so-called backlog, the Social Security Administration does attempt to address the requests in a timely manner. According to the SSA web site, the agency tries “to handle your request within 20 days from the date we receive it. Sometimes it may take us longer depending on the difficulty of finding the record and how much other work we have. We process requests on a “first in, first out’ basis using the following three categories: normal, longer, longest.”

Kimberly Seymore, a former FOIA request attorney for the Chicago Housing Authority, stated that, “Those requesting information under The Freedom of Information Act have usually thoroughly researched the law for the requests being made.” Seymore added, “Most requests are honored unless there is a substantial basis for denying the request such as security reasons.”

There is no main or home office that handles these requests. Each individual agency will prepare records according to the FOIA requests.

 

U.S. White House Dome. (Photo by: Robin Hamilton/Full Sail University).

U.S. White House Dome. (Photo by: Robin Hamilton/Full Sail University).

Court Imposed Gag Orders Hinder Journalists

in Opinion by

Crucial details of certain trials, legal proceedings, court proceedings, etc., are not always revealed to the general public. According to the U.S. Constitution and under amendment one, Americans have a right to exercise his or her Freedom of Speech. However, there are certain limitations. Revealing information that is confidential or classified are some of those limitations that can cause a judge to introduce a gag order.

Brielle Hamilton demonstrates the simplicity of a gag order; don't tell. (Photo by: Robin Hamilton/Full Sail University).

Brielle Hamilton demonstrates the simplicity of a gag order; don’t tell. (Photo by: Robin Hamilton/Full Sail University).

The intentions of a journalist are to capture a story that interests the people then tell them some details about what they will want to know. For instance, in the case of State v. Andrea Sneiderman, she was blamed in 2012 for being a key player in the fatal shooting death of her husband outside of a daycare center in Dunwoody, Ga, and the public desperately wanted answers. The story was headline news. Due to a judge imposed gag order placed on the state’s attorneys— journalists were not privy to the information surrounding it. The gag order was imposed to forbid the attorneys from making comments about ongoing developments.

Scott Stucky, News Operations Manager at Fox 5 Atlanta, stated that, “Gag orders are essentially ordered by a judge. If the plaintiff or defendant is requesting the order, they would still have to go through the judge.” Stucky added, “When that happens it forces journalists to be creative and it also forces them to find other ways to cover the story.” Only certain cases will capture the attention of the masses. “Talking to some experts about what they believe, experienced, or know about what happened in court, are some of those ways to be creative,” Stucky said.

Dekalb County Courthouse (Photo by: Robin Hamilton/Full Sail University).

Dekalb County Courthouse Atlanta (Photo by: Robin Hamilton/Full Sail University).

According to the spring 2001 edition of, ”The Reporters Committee for Freedom of the Press,” “Journalists could challenge the gag orders. Courts generally accept that media organizations or journalists have ‘standing’— a sufficient interest in the matter to be allowed to make arguments to the court— to challenge a gag order. However, not all arguments to support standing are successful.”

 

 

Spousal Spying May Not Be an Invasion of Privacy

in Lifestyle by

The U. S., Constitution makes no reference specifically to the right of privacy. Accountability for invasion of privacy is a growing problem especially when it occurs via social media or through electronic devices and within the confines of one’s home. Once a person’s private circumstances or information is made public without his or her permission, they become eligible to take certain legal action against the one who first revealed the previously concealed information, depending on the laws associated with that state.“For a successful lawsuit, the plaintiff must prove that the defendant’s actions caused his or her privacy to be invaded.”

In a divorce situation each party has a right to do what he or she wants because they share marital property. In the Georgia case of Rutter v. Rutter, 730 S. E 2d 626 (2012), Charles Rutter petitioned the court to dismiss any evidence that was presented against him in his divorce case, that might have been revealed in connection with several video surveillance devices that were secretly installed by his wife in their marital home. He argued that it was a violation of OCGA 16-11-62 (2), which makes it unlawful for a person to conduct video surveillance of another in a private place, out of public view, and without consent.  What Rutter did not realize was that there was an exception to the general prohibition that expressly permits one to conduct video surveillance of persons “within the curtilage of his or her own residence” for certain purposes. As a result, the Georgia court of appeals denied the claim.

Divorce attorney explains variations surrounding invasion of privacy within marriage. (Photo by: Robin Hamilton/Full Sail University).

Divorce attorney Susan Stelter explains variations surrounding invasion of privacy within marriage. April 12, 2013. (Photo by: Robin Hamilton/Full Sail University).

Susan E. Stelter, associate for Thomas C. Rowsey, P.C., Attorneys at Law specializes in divorce cases. She stated, “Invasion of privacy runs the gamut.” In other words, it covers a broad spectrum. Spouses must know the law and should be careful about how they gather information about each other. Stelter warns that “if private information is left in plain view inside or outside of the home or office, then there is no expectation of privacy which means there is no violation. However, the rules change when electronic devices are used to gather the data.”

Not all courts agree on what composes a “reasonable expectation of privacy” in a marital situation.

In 2011, a Nebraska mother embedded a listening device in her daughter’s teddy bear and was found to be in violation of the Federal Wiretap Act. In 2008, an Iowa man was ruled guilty of violating his wife’s privacy when he secretly taped her with an alarm clock camera installed in the bedroom of the home they shared.

In addition, computer software companies sell software that is able to copy e-mails, instant messages, etc. Since these devices have legitimate uses, regulators find it difficult to police their sales, however, in 2008 the Federal Trade Commission filed a lawsuit against a company that sold undetectable spyware called, RemoteSpy. They were charged with unfair and deceptive practices.

“At least five of the 13 U.S. circuit courts have found that the Federal Wiretap Act does prohibit surveillance within marriages. But at least two have ruled that the law does not prohibit recording your spouse,” Stelter added.

Tom Jones of WSB-TV, Candid and Unrehearsed

in Entertainment by

Tom Jones of WSB-TV is hard at work outside the Clayton County Court House in Jonesboro, GA, on March 27, 2013, preparing to report a late afternoon story. (Photo by: Robin Hamilton/Full Sail University).

Tom Jones of WSB-TV is hard at work outside the Clayton County Court House in Jonesboro, GA, on March 27, 2013, preparing to report a late afternoon story. (Photo by: Robin Hamilton/Full Sail University).

If you have ever watched the local news on WSB-TV, channel 2, chances are you know Tom Jones. Jones is a news reporter for the station. Originally from Houston, Texas, the 51 year old migrated to Atlanta, GA to continue his lifelong dream of news reporting.

Born into a family with strong roots in Texas, Tom is the third child of five. As a young boy an uncle who sold insurance influenced him. “My uncle was the first person in the family to graduate from college,” Tom said. “Because he went to college, it motivated me do the same.” In his teenage years, Jones recalls being very popular and having the “gift of gab.” This gift gave him a much-needed element, which would be essential for eventually helping him become an accomplished news reporter. He goes on to say that, “playing sports and always smiling to the people around me,” also added to his popularity.

His college years were challenging yet Jones refused to let anything get in his way. “I always have seen obstacles as opportunities for me to shine; something for me to conquer. I remember working two jobs, going to school, doing an internship and I was the Managing Editor or a weekly entertainment magazine. People would ask was I tired or worn out and I’d say no! I enjoyed the challenge of getting it all done.”

Jones lives in Georgia with his wife of 22 years. They have three children aged 13, 20 and 26.

Tom describes himself as being, “humble, fun loving, dedicated, and hard working.” However, his friends would describe him as, “serious and demanding.”

He loves what he does for a living; the good and the bad. He said the most rewarding aspect of his job is, “when I help someone,” the most challenging, “trying to meet deadlines.”

Erin Frederickson, a video journalist who works closely with Tom, said that some of the rewarding aspects of working with Jones are because, “he has his own beat and he is really into it.” Frederickson adds, “He knows all the players and he always has something set up. So even if something falls through he has a back up. He has his stuff together.” In one word she describes Tom Jones as being, “Dynamic!”