When you are denied access to what you believe should be a public record you should get and keep certain information: 1.) What precisely did you request? (The best record is a request letter, like one available here). 2.) When and where did you make the request? 3.) To whom …
Read More »Glossary
Answer: A civil pleading in which a defendant admits, denies or otherwise responds to the claims made by a plaintiff in a complaint. It may also contain affirmative defenses; conclusions which state a legal basis for defeating the plaintiffs claims. Bail: The release of a prisoner in return for the …
Read More »Electronic coverage of courts
NEVADA SUPREME COURT RULES PART IV RULES ON ELECTRONIC COVERAGE OF COURT PROCEEDINGS Rule 229. Definitions and scope. 1. Definitions. (a) “Judge” means the particular judge, justice, or judicial officer who is presiding over the public proceeding, or his or her designee (e.g., Public Information Officer, Clerk or Court Administrator). (b) “Proceeding” means any trial, …
Read More »Rights of student journalists
The U.S. Supreme Court has ruled that high school student editors and reporters do not have the same level of First Amendment Rights in dealing with school authorities, as do professional journalists. The Court held in Hazelwood School District v. Kuhlmeier, 484 U.S, 260 (1988), that school districts’ censorship of …
Read More »If you must testify …
8A: Testifying At Deposition What Is A Deposition? A deposition is the taking of testimony in an informal setting. It is used by lawyers to test witnesses (including parties), to see how they will do in court, and to try to determine the facts surrounding a case. At the beginning …
Read More »Other claims against the press
7A: Breach Of Contract If you intentionally or negligently reveal the identity of a source to whom you have promised absolute confidentiality, you may be subjected to a claim for breach of contract. While Nevada law has not made this determination, the United States Supreme Court has held that the …
Read More »Use of recording devices
Under federal law a participant in a telephone conversation can tape record it without the knowledge of the other person as long as the purpose is not criminal or tortuous. 18 U.S.C. §2511(2)(d). Under Nevada law, however, it appears that a participant in a private conversation may not record that …
Read More »Invasion of privacy
6A: The Origins Of Privacy Law Invasion of privacy is a tort of recent vintage. It springs from an influential law review article written around the turn of the century, and more recently from a 1960 law review article by Dean Prosser. In that article Prosser identified four types of …
Read More »Criminal libel
For many years Nevada has had on its books a criminal libel statute. It was considered an historical anachronism. However, that was until 1992, when an attorney implied that they might consider filing criminal libel charges against a Nevada paper. While the DA eventually decided not to prosecute, the incident …
Read More »Defamation
4A: A Brief Course In Defamation This section does not purport to be an explanation of the nuances of defamation law, and especially not of its defenses. It is solely designed to give you an idea of what types of publication can form the basis for a defamation suit. Defamation …
Read More »
Nevada Press Association The best in Nevada journalism since 1924