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    Fall 2020

    Vol. 36 No. 1   January 2021

    Civil Rights & Constitution

    Police Reports Shouldn’t Set the News Agenda: A Guide to Avoiding Systemic Racism in Reporting

    By Drew Shenkman and Kelli Slade

    This article examines the intersection of race, policing, and the fair report privilege. We explore the privilege and its limitations, as well as examples where police narratives did not align with the facts. Because media lawyers are often steps removed from the reporting process, we interviewed a number of seasoned reporters and editors for their thoughts on how to approach police reporting and what media lawyers ought to consider when giving legal advice.

    Features

    Diversity & Inclusion

    Race, Diversity, Inclusion, and the Media Bar: Will the National Conversation on Race, Diversity, and Inclusion Bring About Meaningful, Lasting Change Within Our Bar?

    By James Carlos McFall, Trey McDonald, and Miguel Ortiz

    The authors interviewed prominent media and entertainment attorneys to gain a better understanding of their experiences as members of the media bar. Perspectives on whether the recent conversation on race takes hold and, ultimately, leads to increased diversity and equity within the media bar varied widely, especially between age groups, but there also was a remarkable level of consistency in terms of experiences (both positive and negative) within the bar.

    Civil Rights & Constitution

    Understanding Protests: The Importance of Meaningful Dialogue

    By Keith Allen

    The summer of 2020 was filled with an unending stream of protests. Why are these protests occurring? Are they effective in forwarding the protesters’ interests? Is there anything we can do to dissolve the underlying tension? While the First Amendment’s solution of meaningful dialogue may be uncomfortable, it has the potential to advance the interests of both the protesters and their detractors.

    Civil Rights & Constitution

    Race and the First Amendment: A Compendium of Resources

    By Solomon Furious Worlds and Len Niehoff

    This article provides summaries of law review articles and books that consider the complex relationship between racial justice and free speech. While it discusses a few pieces that reflect the traditional view, it places much greater emphasis on recent works that take a substantially more critical view of First Amendment doctrine. We intentionally chose this balance to introduce new perspectives that challenge the orthodox paradigm and urge readers to ask themselves whether they really believe that First Amendment doctrine has gotten things right.

    Legislation & Lobbying

    Public Access to Police Body-Worn Camera Recordings (Status Report 2020)

    By Steve Zansberg

    While law enforcement personnel may view body-worn cameras (BWC) primarily as a tool for evidence gathering in investigating crimes—and they do—the vital role that BWC footage can play in holding officers accountable to the public they serve, and thereby fostering public trust, cannot be overstated. This article looks at where things stand for police departments across the nation with respect to adopting BWC and transparency for that footage.

    Columns

    Diversity & Inclusion

    FROM THE CHAIR: Forum’s Commitment to Diversity, Equity, and Inclusion with the Law Student’s Perspective

    By Lynn Carrillo, with a guest column by Katie Mellinger

    This year, the Forum has dedicated all its efforts to supporting diversity, equity, and inclusion (DEI). Keeping with these efforts, Lynn Carrillo has turned her column over to give a voice to those that members normally would not have the opportunity to hear from—voices that may not have the platform to discuss their experiences or their view of our profession. In this issue, we hear from Katie Mellinger, a diverse law student, a member of the group for whom we are trying to create opportunities.

    Section News