xt79gh9b8f2g https://exploreuk.uky.edu/dips/xt79gh9b8f2g/data/mets.xml Kentucky Kentucky Press Association Kentucky Press Service University of Kentucky. School of Journalism 1995 Call Number: PN4700.K37 Issues not published 1935 Aug - 1937 Oct, 1937 Jul - 1937 Aug, 1939 Oct - Dec, 1940 Jan - Mar, 1951 Aug - 1956 Sep. Includes Supplementary Material:  2005/2006, Kentucky High School Journalism Association contest 2004-2005, Advertising excellence in Kentucky newspapers 2003-2005, Excellence in Kentucky newspapers newsletters  English Lexington, KY.: School of Journalism, University of Kentucky Contact the Special Collections Research Center for information regarding rights and use of this collection. The Kentucky Press Press -- Kentucky -- Periodicals The Kentucky Press, October 1995 Vol.66 No.10 text The Kentucky Press, October 1995 Vol.66 No.10 1995 2019 true xt79gh9b8f2g section xt79gh9b8f2g $ . t ‘ . F . r I V I. V “- ' . ' ¥ ‘ r ,
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g - ubernatorial Public Forum, _
.~ ormation Age Park, Paducah
' W-‘M-‘a'r-z'imstv‘
N. “V" v October 12 .
- f; W KPA Fall Advertising Seminar, KPA sponsored a public forum with the two candidates for governor and I
F , ' ' "F" Hurstbourne Holiday Inn, the panelists included, left to right, Jamie Lucke, Lexington Herald-Leader,- ' '
LouisVille Listemn , Lisa Carnahan, Harlan Daily Enterprise; Gene Clabes, Recorder Newspa- -.
' October 12 pets; and Susan Warren, Ashland Daily Independent. The forum, one of
. . . . - two KPA forums with Democratic nominee Paul Patton and Republican
KPA Fall News Editorial SSW: to the Candidates hopeful Larry Forgy, was held at the UK Singletary Center for the Arts,
' Hurstboume Hotel, Lomsvrlle September 26. Some 200 people turned out for the one-hour question and
answer session. The second forum is October 9 in Paducah. ‘
.. October 13 - 14 -/
- - warm?“ gt: W October, 1995 ' -
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Convention, Eton ” c .1} $3 Volume 66, Number 10
- “fin". ' The Official Publication of the '
El. 3' aa .
.t « _ Kentucky Press Sewioe, Inc.
. . Mahatma... 'I'JHUE KENTUCKY ~
‘ - . Association Convention, Galt .
i . V House, Louisville . \ \
; ‘. , October 15 V .
~ ‘ National Press Photographers
. . Flying Short Course,
.. t . . Galt House, Louisville ‘ \ J \ A ».
October’s”. . Fall contest jUSt misses 3,000 entries, $13,000 .
_'. . AP Fall Convention, Indianapolis t
‘ . Records are made to be broken of newspapers participating. The contest was judged October 5 g
j ' ' , October 26 and that's what has happened the last For the 1995 contest, 71 newspa- by the West Virginia Press Associa- . ' ,
" V « . . . four arsintheKentuc PressAsso- submitted 2982 entries and paid tion. »
KPA Fall Circulat Se Ye "y P” 2
. ‘27. , j. , 1°“ mm" ciation Fall Newspaper Contest. $12,882 in entry fees. Awards will be presented Friday,
{ Holiday In“ North, WHEN“ Entries for the 1995 contest just All three totals exceed the 1994 January 26 at the i996 KPA Winter
6' c» missed the win-mark level. And in- contest. The increase shows two more Convention Awards Banquet.Thecon- F
". -' . November 2-3 come was slightly under 513“”. newspapers, 205 more entries and vention will be held at the Radisson _. »
" ' . w KP A /1(p5 Board Fall Retreat, And there's a new record number ”(1)0 more. Plaza in downtown Lexington. f ‘ ,
' a, 5 Cumberland Falls State Park Cycle has begun for Cities, utilities to publish finance] reports 7 ,
w>gv 'I'hefirstofchbermeanstheqcle ' ' ' " l?‘
v o o: . crty audits, states that 90 days after the mustbe published Within 60 days after «.
2" r g E E I an 3 25 26' 1996 has begun {0" cities and municipally- close of the fiscal year, each city must the city's audit has been completed. ‘ - ‘ -
_ 7., LU 9 C2 KPA Winter Convention, owned utilities tobegin publishing fi- "cause mbepublished...alegal display One of the most overlooked as- 5 F
,2 .177, 3 ‘1 “a W“ Plaza, WEN“ WWURI’WMOUSM- advertisementofnotlessthaneight(8) pects of finandal reports relates to f'
. . . ; g 2 cal year. column inches that the statement he- municipally-owned utilities, such as '.'
1' 51:: {DE Mmh4-8,1996 WMWMWNMSGM“! quiredbyKRS424220hasbeenpre~ water,gasorelectricsystems. ‘-
r' ‘r u_ 3’, tu-J Z: Newspapers in Education Week lune 30, various parts of the state's pared and that copies have been pro- KRS 424220 (7) requires munici- ‘ .
413', ,3 8 C: (7) ,5. Pilblk N030! Advertising IIWS have vided toeachlocal newspaperorgen- pally-ownedutilitiestopublishastate— -“ " , ' F
3»:- 2'- _ g 5 E 20 . 21 199‘ kicked in. eralcirculation, eachnewsservice,and merit of revenue and expenditures of , ~
'4 I: ' 2 If: g lune ' Althoughcoupletsfinancialstair.L each local radio or television station an audit within thesametime frames ’ , F. ‘
'r'gz' ' u. o 2 D .4 “FA Summer Convention, ments or audit report summnies are whichhuonfiiewith thecityawritten as required of cities. ‘ i -
.v 3°me Green notrequliedtobepubliahaduntillate requesttobeprovidedastatemait." Allsuchreportsmustcarryamta- ' . .. .
,3 a , February, city governments should Wk cities have the option of tionthattheauditreportsandflnancial .
*..‘. luvealreadypubliahed CHE-tone publistdrgthefullfinancialstatement statementsareavailableforpublicin- ,
' , . (”WY Od- oranauditreportsumrmrymtate law speciiondmingmrmalbudnesshmns .
KRSflADOOJeIatingtoannual apedfiesthatoneofthetworeports oftheagencyinvolved. .
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i§ 2 - The KentuckylPress - September, 1995 P . "
Chris Burns, editor of the Kenton County News in Calhoun. Grewe has editor of the Hartford Courant and Herald Leader and the Princeton
County Recorder in Northern Ken- beena reporter attheNews forthepast former regional editor for the Courier— Times Leader to the growing list of
tucky since 1993, has resigned to ac- two and a half years. Journal and LouisvilleTimes, hasbeen Kentucky newspapers increasing
cept a position as sub-regional coordi— The Harrodsburg Herald has hired named editorial page editor of the Lex- single copy and subscription prices this
nator of the newly created School to a new reporter and two new office ington Herald-Leader. She began her year.
Work Programinthatarea. Burns will personnel.ErinMilburn,ahistoryand duties October 2. Luecke replaces The Cadiz Record has increased
be working with five districts to create English graduate from Eastern Ken- David Holwerk who was recently one-year subscriptions by $2, to $20; by
a stronger relationship between the tucky University, joins the staff as a named managing editor of the Herald- $3 to $23 for out-of-county; and by $2
local business community and schools general news reporter and photogra- Leader. Luecke was with the Courier- for out-of-state, to $30. The Record did
in Newport, Bellevue, Dayton, pher. Also joining the Herald's staff are Journal and Times for 10 years as busi— not change its 50 cent single copy price
Covington and Ludlow. Burns was Lynn Walker, asa sales associate, and ness reporter and editor, special butisofferinga$1 peryeardiscountonfi
hired as a part-time reporter and pho- April Ellis is the paper's new book- projects reporter and assistant regional subscriptions to senior citizens. . I . 5
tographer for the Ludlow News Enter- keeper. editor and then regional editor before General manager Jan Witty told ' {if .
prise by publisher Gene Clabes, then Mary Schurz, publisher of the joining the Hartford Courant in 1989. Record readers thatthedrasticincrease ‘ —- _ ° ' j
moved to the Recorder Newspapers Danville Advocate Messenger and a While at the Courier-Joumal, she was in newsprint costs "forces us to raise g” ~
whenClabespurchased thethreeweek- past president of the Kentucky Press one of the supervising editors for cov- our subscriptions rates so we Will not ‘ f.- ’ i
lies in 1991. Steve Olding, editor of the Association hasbeen elected to a three- erage of the Carrollton bus crash, which have to reduce our editorial content." . '— ', ;
Campbell County Recorder will take year term on the Southern Newspaper won the Pulitzer Price for local report— Times Leader publisher Chip 3- '
over editorial responsibilities for the Publishers Association (SNPA) Board ing in 1988. Hutcheson had a similar message for ‘
Kenton paper. of directors. She is one of six new mem- Debbie Polly, who has been in the readers of the Princeton multi-weekly,
Amy Grewe has assumed duties bers elected to the 18-member Board. Elizabethtown News Enterprise terrning the newsprint costs as "soar-
as managing editor of the McLean Pam Luecke, deputy managing graphic arts department since 1990, ing."
_—__—_———_ has returned to the LaRue County Her- The Times Leader increased single
’Ill-l K t k p ald-News to be the Hodgenville copy prices and mailed subscriptions.
C CH UC )7 11685 weekly'seditor. Polly,anatjveofLaRue The latest increase is the first time in 11
District 13 . (igugty, previously wor/kelt‘i for the liter- y‘:ars§ier;gle c2531 prices, n0w 50 cents,
TthtuckyPreaaGSSNm-Oflthspublished . a - ews as r rter ot ra er, ve n rai .
amahmmsgfidh: Msméxkay Glenn Gray' ManChesm Enterpnse bookkeeper antipc‘iimpogitioggpefson. A one—year subscription now costs ‘
. rm, Ky, 40801.. fimwmmi- P; P. yen mm“ 14 GinnyMcBumey, currently work- $33 per year with out-of-county prices 1
_ Poem send change of address toThe Kentucky Stuart Simpson, Pulaski Week ing on an Associate degree in applied being raised to $39 and out-Of-state to
.. 388;? W m m KY- ‘0‘“ 502’ science and computer information sys- $48. However, the Times Leader is also
' District ls-A term, has joined the staff of the Carroll- offering a "lock in" promotion, offering
A Tom Caudill, Lexington Herald-Leader ton News Democrat as typesetter. present subscribers to lock in current
Officers and Directors M 153 Jack Niece, a retired UK 4—H Ex- rates for one additional year before
Kentucky Press Association Guy ”imam, Citizen Voice and mm tension Agent, who has been a part- facing the subscription increase.
. timesportswnterfor thelacksonTrmes Newspapers natronwrde have
. . mint thy 0mm“ En Stat e u Luge forrn'ore than.15 years,hasbeen named been forced to make adjustments in
' Russ Powell, Ashland Daily Independent managmg editor of the Times. the" operation to compensate for soar-
President Elect Lisa Robertson, circulation sales ing newsprint increases," noted
John Del Santo, Ashland Daily Independent l‘)’ Fm; “dual! 5“" team leader for the Elizabethtown Hutcheson. 'Some have cut staff while
News Enterprise, has become the others have made cutbacks that dimin-
Past President 0“? Hu‘d‘e’mi mm“ Tim” Lad" paper's new marketing manager. She ished the quality of the paper. Neither
. SteveLowery, Kentucky Standard I L [a Bento T M Com replaces Jennifer Patterson. Robert- of those options is considered to be in
, my y ' n e er son has a bachelor's degree in public the best interest 0f the paper 0' “5
’ fight“; I“ And... Division relations and print journalism and readers."
NMP‘M Bob Adams, Western Kentucky University joined the News Enterprise last June as The Herald-Leader announced a
special projects coordinator. two percent increase in camer deliv— ;
‘ Treumr Mums ”Mon Linda Hall, assistantmetroeditor ered subscriptions, using half page ads I
Marty Badma, Appalachian Tm“ 3‘er ”CW CW'W New for the Savannah (CA.) News Press with a letter from publisher Lewis
News Express NM ““0“ Dim” and former editorial staff member of Owens explaining the basis for the in-
, John Nelson Pulaski w“ m leffe‘lson City (Mo.) News Tribune, creaw-
9*“ 1 ' has ' ined the Bow ' Green Dail The Recorder News a as - in
)0 line Y P P
William Mm, Fulton w“ Circulation Dlviaion News staff as copy editor. Boone, Kenton and Campbell counties
_‘ m 2 Todd Rainwater, Appalachian News Bob Morris, vzhg‘ewaj nhamed illll- in :pnglidemtpcfiy—gaave changeld
Exile" terim blisher' o a 'sonvi e pu is ng ays o u ay, accor - i
. .‘_ 1“ ”“9““ mm“ W ““3”“ Manger on August 1, had the "in- ing to publisher Gene Clabes. i
‘ Dark! 3 ’m‘u'“ u'm‘” terim" deleted from his tide on August Clabes said the change, effective
. ran-a mutt. Mciaan County News 3 ““3““ Em“ WNW 25 and has been mm publisher of August3l,was madeto "offera fresher
’ ‘ W the West Kaitucky daily. Morris took news pmducjtelto ourdreacjers andda
0*“ a...“ Ml, over the Messenger as interim pub- more time y ivery ate or our a - r
Mm W F‘m Ion Hench-kn and Kim Greene, Wyatt, fisher soon after it was purchased by verti sers."
‘ ' M 5 Tarrant and Combs Paxton Media Group. Morris has been The Kentucky Enquirer is em-
- livid Greer,Elizabathtown NewsEnter- Kentucky Press tion find“ m“ 8'9“]? flm Irinyws' phasizing more Kentucky news, ac- I
. PH” “”od‘ ' “‘8 yearsrnsa 93‘ seven cordin to editor Andrew man. .
L ‘ Kentucky Press W 5““ as direccityorCf a“: Egbgsm'f‘fin‘e K Among the additions to the Eggifirer is ‘
4 mm!" “ ‘ . ' r 0 en- acolumn Kentuck liticalre rter .
, , M'V AUNIWI, mm Courier 1mm] um Tflm;:;x.u;:;:rm kay Post since 1983, has m mm Patrick gowiey 0'? fimmomfgalth .
7 . ' Dhtrlct 7 Gloria Dug, Advertisinngrecim W] Proms director for Scnpps politics; a column by Courier-Journal
KelleyWarntck, Gallatin County News Reba Lewis, Research/Marketing Howard and promoted to ”‘9 corpo- columnist Byron Crawford; a feature
} Coordinator ratestaff.Theannouncernent wasmade area on "celebrating good news of i
I Y M M 50' QW“: m 5‘3?“ 29° P‘“l Knue, editor 0‘ The P0“ Northern Kentucky"; and publication
. _ Kan Meta, Bath County News Outlook Buffy johnaon, Bookkeeping Assistant from 1979 to 1983, was named editor of Letters to the Kentucky Editor.
‘ . Sherry Harper, Advertising Assistant and will oversee editorial operations - -
~ 4. niacin um Rachel McCarty. Clipping Dim for both the Cincinnati and Kentucky Obltuarles
, , Marty sadna, Appalachian News Express N-ncy Pom. Mill/NM “‘5‘” Posts. HI'IT *
-' .. - ;. m 12 Linda Slemp,Cllpplng Assistant Papers In the News John Y- Hist firmer «MW and
. i [mates HamlrarJackaon Tim-mgr. Carol Payton, Clipping Assistant Add the Cadiz Record, Lexington owner of the Shivcly Newsweek died
as v, w_‘_ min. Enter-pun Holly Sngen, Clipping Assistant August 28 at the age of 72,
’. f ' 3‘7"? ‘ Trier" .‘ ' "r- wwwfi ' ~ ., x g . r. , H --
lféx‘liill‘,‘ i;,‘"“‘,..7' "v.2." 'g _’ ' f t ' ‘. v I. L. \ ' ~ . ‘. I. . . I
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‘2 "7 f; {979 2'1; :2.)- ‘g‘; ., . » 1 ; ’ .., _ . t ' . . , '7' ' ' * ‘ g ‘ . ' .
Ef§;%€tgfifior.bfinx .", a: 4;. .‘.-.‘ ' a f ; ' ' -’ ‘ .. . ’ . s ‘ s ‘ ' !

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’ I I The Kentucky Press - September, 1995 - Page 3
Ma out of news a ers I '
l y p p Shape Your Future
a ree with ublishin
9 P 9 e . .
U b b ' _ If all printers were determined
n a o m e r s m a n Ife sto not to print anything nu they were
The majority 0,1,3 newspapers _.________—— sure it would offend nobody, there ,
res ndin to a surve b Presstime O ' ' ’9
Magazinegoday said thiyZvould have 58 /° surveyed say would be very llttle prlnted"
followed the decision of The New York they WOUld haVe ~ - '
; Times and Washington Post to publish - - B en.) amln Franklin
5, , the Unabomber's 35,000 word mani- PUbI'Shed manlleStO
is». . festo. "' -
' .-. _' According to preliminary results , , . . ‘ ‘m
g , _ of a survey faxed to over 932 US. news— mamfesto could aid in their investiga- "“5 "3”“ FUTURE
f g . ‘: papers, 58% of the 135 editor/pub- ?0“ and bring the Unabomber Fouius ’ ~¢€§@{{’/ |
g ; lisher respondents said they would tice, we would have published It‘ xt’f’:?/J ' \\
- have published the manifesto, while , If the actions 0f,Th9 New York 7 \V‘;\\ C, l ‘
42% said they would not. Times and The Washington Post can -\:\\\\:§J : l
Presstimeispublished monthlyby curtail this series of bombings and \\ \' ‘\<§\f\e‘( ,4 i
theNewspaper Association of America deaths, no one should question their Real *3” 1
(NAA) and covers the news a r in- motives." I
dustry and trends. P pe Other newspapers cited some of Newspapers J 3
Newspapers cited some of the fol— the following reasons "Ct to pUbliSh Nalgenxl'etffffpfegsm z
lowing reasons to publish the mani- the ’T‘amfésim , |
festo: 'By givmg into the terrorist de
‘ "Publishing the manifesto could mand, the newspaper legitimizes his I I
' save lives...the manifesto is newswor— method. Its th‘? Unabomber's chorce K PA S e e kl n V I 09
thy." and responsibility to do what he will
'The Times and Post had three do. The newspapers are not respon-
monthsto cometotheconclusion along snble for thls madman's actions." ' I
with a request to publish the manifesto .We WI“ not be held hostage by a p re 8 I e n ca n I a e S
by the FBI. They may know much horrucrdal mamac. How many other ' _ , /
more than is public." maniacs will start wanting to trade Nominations and letters of appli- prevrously served as either an elected ,
"Lives are more important than threats for space?" cation arebeingaccepted until October or appointed director; or those persons
policy." "Acceding to the demand of ter- 13 for the office of vice president of the who have served three consecutive
"If we had been adequately con- rorists is just a bad idea...and the news Kentucky Press Association for 1995. years as an appointed director."
vinced by authorities that printing the value of the manifesto is nil ._ hardly Any KPA member may nominate Nominations must be sent, along
worth 35 000 words worth of s ce." an ' individual who meets the criteria with a letter of interest or reasons for
, pa )
set forth in the KPA By-Laws for that suggestion, to: David T. Thompson,
Wh K ' position. Additionally, individuals in- Kentucky Press Association, 101 Con-
a t e n t u Cky editors say. . _ terested in holding office in the Ken- sumer Lane, Frankfort, KY., 40601.
tucky Press Association may submit a All nominees consenting to the
_ f l h , letter of application. nomination and agreeing to serve if
Ron Jenkins, editor a 911?“)? e w o haven t done , KPA By-Laws state: "The only elected will be interviewed by the
Henderson Cleaner: atml’dllmg to ypuhand';hen threatening person eligible for election to the office Nominating Committee once it has
a . do lt b12039 O t em I,“the papers of Vice President are those who are been determined that the nominee
We said "no" in the national on , n to your WI and put your currently serving as elected directors; meets By-Law requirements.
survey, explaining that we would not name In print. those who have been elected to service Following the interview process,
want to set a precedent for allowing on the new board, provided they have the Nominating Committee will rec-
our news rtobeheld hosta eb . . . ' ' d ‘ d'd to f ' .'-
similar thngfs. In all candor, “.58 y William Blakeman, editor Board nomlnatlon 32?? th: clggntlucaky $;r0;:c§Sp(r:ai_
easier to take such a position from a Winchester Sun ballots in the ma” hon/Kentucky Press Service Board of .
distance. _ ‘ , _ Directors. Following action by the '
Sun Publisher Betty Berryman Forms to nominate district repre— Board of Directors the individual will '
i ah‘d l have discussed'publication of sentatives to the Kentucky Press Asso— be recommended go the full member—
Laurie Rogers, copy editor, t e Unabomber manifesto and are m cration/ Kentucky Press Servroe Board ship of the Kentucky Press Association
Kentucky New Era :fifimigtitthat we WOUId “0t have gcg‘geeftors Will be mailed in early during the Business Session on Friday,
‘_ ‘ ' 26, 1996 f l.
9 Her column sums up how the It IS an extremely dangerous Five district Board seats are up for January or approva
‘ Kentucky New Era feels about precedent, and if a newspaper, TV or election, with the term beginningat the -
publishing the manifesto says editor radio station acquiesces to the conclusion of the 1996 KPA Winter MW 5 I,
‘ Mike Herndon. In a nutshell the demands of one terrorist, who is to Convention and continuing through . ' Q , , I i ' ° ‘ ,
answer is "no' ' say there will not be another the next the end of the 1999 Winter meeting. " . _
R o gers' column states her feeling day, with even more heinous de Nomination forms will be sent to T l l .
i that a position as journalist / copy mands and threats. Our first amend- the publisher of each newspaper in the
3 editor/writer is M pinnacle Of The“: nghts permit US to PubllSh the five dismCtS ‘v‘my i/m/ )wu' rm win} . {vellum {0015 Hon
achievement and has spent time news and at the same time the right After nominations close in mid- Agggggtjjfig’, Pruhxetn' 5,137.1” 2. '
"trying to alert them to my extra 0rd i- to refuse to print those things not October, newspapers will receive a W. W, MM ,m ,W, m, ,,...,,,, "W,
I nary writing ability and scintillating deemed in the best interests of ballot consisting of all persons nomi— .w MW 4: w my: , an Maw M“
“mug!“ process." socrety. hated to the Board for each district. 11(11V‘Licfu::w pfwivia: ”NU. 4711\Pf1ifilllq
But now she realizes getting a Other questions are raised as The Board seats up for election 217:5»: ‘l£3312;“1:11:12; if; a"):
story in the Washington Post or New well. Was the manifesto really the include Districts 3, 4, 5, 6 and 15A. puss/[Hr mm‘ ACT NOW! .
York Times does not take hard work, work of the Unabomber? Will KPA By-Laws stipulate that nomi- Call I -800-2234600
E perfect writing and th e patience of publication satisfy him, or simply nees must live and work in the district "9' " FR“ 0"” 0"" '
lob, nor skin as thick as Bob for which he/ she is nominated. E -0.
Packwood's head. . The voting process will end in late m“ m, ,s '
"Apparently, all it takes is killing Continued on Page 7 October. w“ . e... _. m. i t. '
- ' ‘ .\ t‘. N“ 5
I [ \\ I» :b_\§\‘: \V

 OCI £333
Page4-‘I'heKentuckyPress-September, 1995
Reporters often target of CIVIC claims In pursumg news on private property 1
First Amendment not a 'Iicense to trespass i
By Kim Greene CQNSENI. If a private property erty owners had consented only to al— ing to the court: the entry "was “0t 3“ 1:
Wyatt, Tarrant and Combs owner clearly and unequivocally gives lowaveterinary studenttoaccompany interference With the ownership or i
KPA F01 Hotline Attorney a reporter consent to be on the pre- thedoctor.Videotapingandbroadcast- P055e55l0h 0t land." . :
mises,therecanbenoclaimfor trespass. ing the premises exceeded the scope of In another case, a television film i
The news media often are targets However, in some Circumstances, the the consent. clrew entered and filmed an alleged i
of civil trespass claims arising out of nature of the consent and whether the S um binldmg, based on permisSion i
reporters pursuit of news onto private consent was exceeded by the reporter W from .a tenant. “1930“” found that t
pr0pertv. The fact that reporters are become important issues. Broken Sim. What happens if a reporter PethSth was SUtfiClenttO defeat the I.
exercising their First Amendment promises, hidden cameras and false gains access to private property under trespass claim 0t the landlord, even i
rights to gather news does not insulate identities can create a problem for you false pretenses? Some courts have held though the landlord had 81%“ mStTPC'
them (or their employers) from suits For example,inaCalifomia case,a that fraudulently induced consent is “0'15 to preclude media from entering.
for trespass. As one court put it, the property owner consented to the re— invalid, but other courts hold thatcon-
First Amendment does not afford a porter entering and filming on her sent precludes a trespass claim, W i
"license to trespass.” property by tried to restrict the use of whether or not theconsent was fraudu- , Even if a property owner ini- i
In general, a reporter has the same the film. The property owner had called lently induced. tially consents to the reporter’s enter i
right of access to private property as 911 to report a domestic violence inci- A court in North Carolina found 0“ the premises, the reporter ShOUld 3
any other general citizen. For example, dent. The police came and a memberof that wrongful acts, such as fraud, can leave It the property owner later "3' t
a reporter could enter the waiting area the Mobile Crisis Intervention Team, negate consent to enter the property. In scrnds the consent. The timing 0f the 1
of a doctor’s office or the sales floor of which provided emergency assistance this case, defendant ABC’s employees “30510“ ‘5 important. ,3
a department store since members of to crime victims, responded. A CBS applied for positions in Food Lion Ina Kansascase,arestaurantowner
thepublic generally are welcomed into reporter accompanied the Crisis Inter— stores by giving false references and consented t0 a televrsron station film-
‘ such areas. This, of course, does not vention Team member and filmed the background information. Once hired mg a state inspection of the restaurant.
entitle the reporter to free access to events. The property owner consented they used hidden cameras and record- The following day, consent was with»
examining rooms in thedoctor’s office odd the filming but told the camera ing devices to record Food Lion’s drawn by the other owner. In the
or to the business offices of the depart- crew that the film could be used only operations. The information was then restaurant’s trespass action, the court
ment store or other private areas. for the district attomey’s office and used inanallegedlydefamatorybroad— held the next-day Withdrawal 0t con—
Moreover, the doctor (despite whether could not be released to the general cast. Food Lion also made severalother sent was Irrelevant SlnCe the trespass
she owned the building or rented the public. She said that the crew agreed. claims including trespass, intentional Claflh was based upon the actual entry
space) has the right to ask the reporter CBS later used the film for a television misrepresentation, deceit and fraud. and filming and “0t the broadcast. The
to leave even the waiting room, just as segment, and the property owner sued As to the trespass claim, the court court also found that the hrSt partner’s
she could decline to accept someone as for trespass invasion of privacy, inten- held that, although ABC’s employees consent wax “0t fraudulently Obtained-
apatientor ejectadisruptive patient or tional and negligent infliction of had obtained consent to enter Food
sales person from the premises. emotional distress and other claims. Lion'spremises, “consent toenter upon WW .
How does one apply thesegeneral The court held that no trespass had real property can be negated by a sub— _ Intrusron “Pen seclusion }5 a type
principles to various news gathering occurred since the camera crew had sequent wrongful act in excess or in 0t mvasron 0t privacy which )5 recog-
scenarios? As in most all areas of the acted within the scope of the plaintiff’s abuse of the authority to enter The ngdfn Virtually all )Url'SdlCUQnS ahd
law, the particular situation must be consent while they were on the pre— courtfound thatthealleged fraud could {5 Similartoa tTeSPaSS claim.This Claim
examined. rnises. They only exceeded the scope of constitute a “wrongful act” that would 15 defined as tOllOWSI
the plaintiff’s consent after they were negate the consent given by Food Lion
AQQQMPANYINQ THE QUCE. off the premises and this was not to enter its premises. One who intentionally intrudeS,
, Being invited by the police to ob- enough to support a trespass claim. An Illinois case illustrates the op- phySIcally 01' otherwrse, upon the
serve or memorialize an arrest or the According to the court, what the cam- posite conclusion. In that case, an solitude or secluSion 0t anothertor
execution of a search warrant on pri- era crew did later with the material ophthalmicgistagreed toallow Prime his privatetaffaitrs or concerns, is
vate prom does not guarantee a they gathered was irrelevant to the Time Liveto film cataract surgery and .5me to liability to the other for
reporter access to the premises. Even if trespass issue. (It was very relevant, interview medical personnel based, he mvasron 0th15 PF vacy, ‘t the intru-
the reporter enters the private prop- however, to the other claims.) claimed, on Prime Time Lives’ assur— 510“ WOUld behighly offensrve toa ,
erty at the behest of the police, the Theresult was different in another ances that it was not conducting an reasonable person. ‘
reporter must leave if the property case where the videotaping was sur- undercover investigation nor using
. owner [renter requests it. reptitious. There, a Minnesota court hidden cameras or ”ambush journal- Restatement (2nd) of TertStrSZB at 378
Eveniftheproperty owner Irenter found thatthescopeoftheconsent was ism” and that the segment would not (1977)- Someone canclarmrntrusron as
doanotexpressly requestthereporter exceeded. In thatcase, thehomeowners focus on this particular ophthalmolo- well-as trespassand,if SUCOeSShIIICOUld
- mmw’a‘ewmmmsmptwfl had a veterinarian treat their pet in gist. Prime Time Live actually sent in receive damages for b0_th. . .
can be subject to liability on other their home and permitted the veteri- several undercover investigators with Ittsnotthepublrcatronofmtrusrve
claims. For example, in a New York narian to bring a student along. hiddencameraswho posed aspatients. materials that resultsm liability under
case, the court found that a CBS news Unknown to the homeowners the stu- The program aired presented the oph- this claim. Rather, the basrs for this
crew had invaded the privacy of a dent was also an employee of a thalmologist ina negative light and he Claim '5 the actual prying Int? the P"-
WMMM.Meralagents television station and was filming the brought claims for trespass, invasion vate PfemISES. possessmns or
had invited CBSto accompany them to veterinarian’s treatment for an investi- of privacy, wiretapping, violation of documents of another. tixamplesof this
execute a search warrant for stolen gative report about his practice. When RICO, fraud, breach of contract and would Include physically entering
credit cards in a private home. The televised,thatreportincluded twobrief defamation. someone's home or illegally locking
mwswfie “,0“me asked portions filmed inside the plaintiff’s The court found that no trespass into someone s'purse or shopping bag
theCBSamerarnennotwphotiogi-aph house. occurred since the ophthalmologist’s in a store: The important pornt is that
.. M nevertheless, CBS videotaped The plaintiffs brought claims for consent to Prime Time Live’s entrance the Plaintiff has e reasonable expecta- t
themaswell assomeoftheir personal trespass, invasion of privacy and vio— on the property was a complete de— “0“ Of Privacy In her home 01' heT l
belongings. Theybrought an action for lation of state and federal wiretapping tense. The court noted that the interest 5h0PP'“8 bag. I
7 invasion of Wm apihst CBS and statutes. On the trespass claim, the which the tort of trespass protects, the The question of whether one has a .
f the federal agent who conducted the Minnesota court held that wrongful inviolability of a person’s property,was reasonable 0Xpectati0n of privacy can
,_ » f search.Thecourtheld that, despite the conduct, such as surreptitious video- not affected here since the undercover be tricky: For example, a pnsonorin his
. ' mmfioh from thepolioe, CBS wasnot taping, after the authorized entry onto patients entered offices open to the penitentiary cell had an expectation of
. . shieldedfiy the immunity of a govern- private Property can result in a tres- public (not the more private areas) and PNVaCyreVm lhOUgh thepnsonercould
. l f merit official and ”had no greater right pass because it may exceed the scope of videotaped doctors’ professional rather !
' ', than thltof . thieftiobe in thehome..." the consent. In this situation, the prop- than private communications. Accord- Continued on Page 5
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The Kentuck Press - Se-tember, 1995 - Pa, ' 5
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