Wednesday, February 26, 2020

FOIA Extra Credit

To earn 10 extra credit points, put FOIA to work.

Seek a state or federal record from the executive branch with a formal letter or email request if the agency accepts them. Examples of letters are on this blog and in your textbook. Send the request to the agency and also make a second copy of the letter/email to get class credit - scan and upload to Webcourses.

Or, find an agency record online and scan it out - the first page or two if it is lengthy. Scan and upload to Webcourses. (Make sure it is an actual record.)

The extra credit is due through Webcourses by midnight EST on Thursday, March 5th.

For more details on public records, look at the previous blog posts about FOIA and review Chapter 9. The extra credit is added to your overall grade. Remember that you are using FOIA to find a RECORD from the Executive Branch. I will not pre-approve a record and will explain this again if emailed. This extra credit assignment is an assessment to measure your understanding of FOIA.

Sunday, February 23, 2020

FOIA

Here is a link to some FBI Records.
Here's a link to the FCC's FOIA page. Notice how easy it is to request a record.

Here's information about Florida's Sunshine Laws.

Many records are now available online. For example, here is a link to check on Florida food inspection records. This is an example.


Here are some contacts for Federal Agencies and FOIA.

Here is the link to the FBI's FOIA contact.

Taping & Recording

State Laws
While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950's) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call crosses state lines – that is why each state went ahead and established its own guideline/statute.

States Requiring One Party Notification
Alabama Alaska Arizona Arkansas Colorado District Of Columbia Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Minnesota Mississippi Missouri Nebraska Nevada New Jersey New Mexico New York North Carolina North Dakota Oklahoma Oregon Ohio Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia West Virginia Wisconsin Wyoming

States Requiring Two Party Notification California Connecticut Delaware Florida Massachusetts Maryland Michigan Montana New Hampshire Pennsylvania Washington

Monday, February 10, 2020

Appropriation & Intrusion


This my son Curtis at Playalinda Beach. If this image were to be used in an advertisement for the Cape Canaveral Beaches without my permission, would I sue for a right to publicity or a right to privacy under appropriation law?

What if this photo was featured on the front page of the local newspaper without my permission. Would I have the basis for an intrusion lawsuit?

Lindsay & E-Trade

Lindsay v Pitbull

The ruling is here.