On July 12, NAA sent a letter to National Football League Commissioner Roger Goodell explaining newspaper concerns with new NFL 2007 Policies on News Use of NFL Audio/Video Content Online and Sideline Media Access.
The NFL set off a firestorm of protest when it announced the policies on June 1. NAA members and other media groups feared restrictions on coverage of the 2007-08 NFL season -- such as limiting online interviews, press conferences and practice video footage to 45 seconds per day, per team, and limiting publicly accessible audio/video to a 24-hour period online -- would go beyond NFL interests in protecting exclusive game footage, to threaten the public's right to receive news and information on sporting events, games and players.
The NAA letter was signed by NAA Board officers Susan Clark-Johnson, Gannett Company, Inc.; Gary B. Pruitt, The McClatchy Company; George B. Irish, Hearst Newspapers; Mark Contreras, E.W. Scripps Company; Boisfeuillet Jones, Jr., The Washington Post Company, and NAA President John F. Sturm.
NAA participated in a meeting at the Associated Press in New York on June 13 to discuss the policies. The next day a small group of newspaper editors met with NFL officials, with legal counsel present. At the June 14 meeting, editors highlighted both the historic role played by newspapers in helping develop the fan base and today's changing media landscape that demands audio and video coverage online, on newspaper websites, which are one of the fastest growing, most significant sources of local and community news nationwide.
On July 23, the NFL's senior business affairs attorney Frank Hawkins told NAA the league is preparing a formal response to the concerns raised in NAA's July 12 letter and at the June 14 editors meeting in New York . To date, the NFL has clarified that:
- the archiving rule means website audio or video must be taken down after 24 hours and cannot be maintained in a publicly accessible archive, but a newspaper that owns tape may archive in its own storage for use at a later date. Audio and video taken outside NFL property is not subject to the policy.
- interview questions do not apply against the 45 seconds of audio/video posted online. Only the time the player, coach or owner is speaking applies to the 45 seconds.
- league will use a rule of reason for clips running a few seconds over.
- NFL is considering further policy adjustments.
Further controversy arose around July 19, after the Wall Street Journal and National Press Photographer's Association (NPPA) News Photographer magazine ran stories that the vests NFL plans to distribute for sideline photographers will bear advertisements for Canon and Reebok. Although the ads are relatively small, a number of news organizations have expressed concern that any advertisements could jeopardize the appearance of news photographers' editorial objectivity, damaging the credibility of news coverage of NFL games.
FIRST AMENDMENT
The gathering and reporting of vital news and information is a core function of a free and uninhibited press in a democracy. In order to carry out this core function effectively, news organizations must be able to access the information and report on matters of public concern without unreasonable restraints. The First Amendment protects the ability of the press, acting as the public’s surrogate, to inform the public about its government, society, and community without the threat of government intervention, unjust defamation or privacy claims, interference on relationships with their sources, denial of access to government proceedings or records, or other unreasonable restrictions inhibiting the newsgathering and news reporting process.
= NAA Members Only
January 19, 2012
NAA has joined several media organizations in a letter written by the Reporters Committee for Freedom of the Press asking the United States Marshals Service to clarify its position on the release of federal booking photographs (“mug shots”) in response to Freedom of Information Act requests. The letter expresses concern over statements made by the government in its brief filed in Karantsalis v. Department of Justice, et.al, a FOIA case currently on petition to the U.S. Supreme Court.
Learn More4
November 07, 2011
NAA has joined Belo Corporation and other amici in a brief asking the U.S. Court of Appeals for the Fifth Circuit (Asgeirsson, et. al. v. Abbott, et.al.) to affirm the constitutionality of the Texas Open Meetings Act (TOMA). Plaintiffs are elected public officials who are citizens of the State of Texas.
Learn More4
November 03, 2011
NAA has joined the Reporters Committee and several other media organizations on an amicus brief in a case (Project Vote/Voting for America, Incorporated v. Long, et.al.) before the U.S. Court of Appeals for the Fourth Circuit concerning the public disclosure of voter registration applications.
Learn More4
March 03, 2011
On March 2, 2011, the U.S. Supreme Court held that the Free Speech Clause of the First Amendment can serve as a defense in state tort suits, including suits between private persons for intentional infliction of emotional distress. Affirming a ruling of U.S. Court of Appeals for the Fourth Circuit, the Court said speech relating to matters of political, social or other concern to the community, or of general interest, value and concern to the public, occupies the “highest rung of the hierarchy of First Amendment values” and is entitled to special protection.
Learn More4
November 15, 2010
NAA joined an amicus brief in a case (Denver Post Corporation v. Ritter) before Colorado's Supreme Court, concerning the public's right to access a government official's personal cell phone records that memorialize official government business. The Denver Post sued for access to the records, alleging Colorado's governor used his personal cell phone substantially to conduct official government business.
Learn More4
November 15, 2010
NAA joined several member newspaper companies in an amicus effort in a U.S. Court of Appeals for the Second Circuit case (New York Civil Liberties Union v. New York City Transit Authority) presenting the issue of whether the First Amendment right of access (openness) applies to administrative adjudications. Here, the Transit Authority seeks review of a district court holding that administrative hearings conducted by the agency are subject to the constitutional right of access.
Learn More4
July 14, 2010
On June 24, 2010, the U.S. Supreme Court in Doe et.al. v. Reed, et.al. held disclosure of referendum petitions under the Washington Public Records Act does not violate the First Amendment. The case arose from the State’s law extending certain benefits to same-sex couples, and a corresponding referendum petition to put that law to a popular vote. Certain private parties invoked the Act to obtain copies of the petition with the names and addresses of the signers.
Learn More4
June 16, 2010
On June 3, 2010, a federal court in Wisconsin Interscholastic Athletic Association et.al. v. Gannett Company Inc. et.al. upheld the Wisconsin Interscholastic Athletic Association’s (WIAA) right to sell exclusive licenses to stream video coverage of its tournament events over the Internet. This lawsuit for declaratory relief began after a Gannett publication streamed live videos of several WIAA tournament games.
Learn More4
July 01, 2007
On July 12, NAA sent a letter to National Football League Commissioner Roger Goodell explaining newspaper concerns with new NFL 2007 Policies on News Use of NFL Audio/Video Content Online and Sideline Media Access. The NFL set off a firestorm of protest when it announced the policies on June 1. NAA members and other media groups feared restrictions on coverage of the 2007-08 NFL season -- such as limiting online interviews, press conferences and practice video footage to 45 seconds per day, per team, and limiting publicly accessible audio/video to a 24-hour period online -- would go beyond NFL interests in protecting exclusive game footage, to threaten the public's right to receive news and information on sporting events, games and players.
Learn More4