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Professor Jane Kirtley
Publications
March 16, 2008 – Wrote a column, entitled"Letter to Snowbirds," which was posted at the Florida Society ofWinter 2007/2008 – Authored an article, “Reporter’s Privilege in the 21st Century” which appeared in the Winter 2007/08 issue of Delaware Lawyer (volume 25, number 4).
November, 2007 – Prepared a paper for the 2007 Annual
Conference of Ad IDEM/Canadian Media Lawyers Association in Toronto, titled: “As the Ability to Do Harm Has Grown, So Must the Law's Ability to Protect the Innocent: A Summary of Selected United States Cases Involving the Internet and New Media.” http://www.adidem.org
February, 2007 – Published an essay, “I Can Tell You’re a Real Liberal, But You Seem Like a Nice Person, Anyway,” in Journalism Studies, volume 8, number 1 (February 2007).
December, 2006 – Authored an article, “Will the Demise of the Reporter’s Privilege Mean the End of Investigative Reporting, and Should Judges Care if it Does?” published in Ohio Northern University Law Review, Volume 32, number 3 (2006).
October 16, 2006 – Published commentary entitled “ News councils seen as one more way to undermine press credibility” on the NiemanWatchdog web site at: http://www.niemanwatchdog.org/index.cfm?s=lkf4ch8od2svd5t4
October 10, 2006 – Contributed two articles to the Encyclopedia of American Civil Liberties, edited by Paul Finkelman and published by Routledge, entitled “Access to Government Operations Information” and “Journalism and Sources.”
October, 2006 – Authored an article, “Transparency and Accountability in a Time of Terror: The Bush Administration’s Assault on Freedom of Information,” published in Communications Law and Policy, volume 11, number 4 (Autumn 2006). Silha Fellow Ashley Ewald assisted with the research for this article.
May 24, 2006 – Submitted testimony to the House Permanent Select Committee on Intelligence for a hearing held May 26, 2006 in Washington, D.C. on unauthorized disclosure of classified information.
July 5, 2005 - Authored an Op-Ed piece for the Baltimore Sun, entitled, "Judges and Journalists." The article is available on the web at:
http://www.baltimoresun.com/news/opinion/oped/bal-op.press05jul05,1,2418210.story?coll=bal-oped-headlines
April, 2005 – Contributed two chapters to the book, Institutions of Democracy: The Press, edited by Geneva Overholser and Kathleen Hall Jamieson published by Oxford University Press. Prof. Kirtley was the sole author on the chapter "Legal Evolution of the Government-News Media Relationship," and co-author with Bruce W. Sanford of the chapter "The First Amendment Tradition and Its Critics."
March 31, 2005 – Was co-author and co-counsel for an Amicus brief, Mink v. Buck, a case that will be considered by the U.S. Court of Appeals (10th Circuit) in Denver. The brief is available at on the Silha Center website under Resources. More information is available at: http://www.splc.org/newsflash.asp?id=996&year=2005
September 2, 2004 – Assisted by Silha Research Assistant Andrew Deutsch, prepared and filed Comments on the Proposed Rules of Public Access Records of the Judicial Branch with the Minnesota Supreme Court. Prof. Kirtley also testified at the public hearing held in St. Paul on September, 21, 2004. The comments can be found online at http://www.silha.umn.edu/finalversionremoteaccessmncomment.doc.
July 16, 2004 - Prepared and filed comments on the Department of Homeland Security and Department of Transportation interim final rule on the protection of sensitive security information. Prof. Jane E. Kirtley, assisted by Silha Legal Research Assistant Andrew Deutsch, prepared the comments. They can be accessed on the DOT's website, www.dms.dot.gov , TSA-2003-15569-13 or on the Silha Center Resources page http://www.silha.umn.edu/silhacenterssicomments.doc .
June, 2004 – A paper, “Criminal Defamation: An ‘Instrument of Destruction'” appeared in “Ending the Chilling Effect: Working to Repeal Criminal Libel and Insult Laws,” a book published by the Organization for Security and Co-operation in Europe .
February 7, 2004 – Minneapolis, MN, Prepared and filed comments on the Preliminary Recommendations of the Minnesota Supreme Court Advisory Committee on Rules of Public Access to Records of the Judicial Branch in the state of Minnesota's Supreme Court. The comments can be accessed at: http://www.silha.umn.edu/silhacentercomments.pdf .
November, 2003 – A paper, "Criminal Defamation: An 'Instrument of Destruction,'" was distributed at a conference, "Libel and Insult Laws: What More Can be Done to Decriminalize LIbel and Repeal Insult Laws," convened by the Organization for Security and Cooperation in Europe (OSCE) and Reporters Without Borders (RSF) on Nov. 24-25, 2003 in Paris, France. Prof. Kirtley prepared the paper at the request of Alex Ivanko, Senior Adviser to the OSCE Representative on Freedom of the Media. She was assisted in her research by Silha Fellows Elaine Hargrove Simon and Doug Peters, and by Silha R.A. Tom Corbett. Information about the conference can be found at: http://www.rsf.org/article.php3?id_article=8607 and http://www.osce.org/news/generate.php3?news_id=3714
October, 2003 – An article, "The American Executive Branch: A Culture of Secrecy," appeared in the vol. 6, no. 1 of "The Long Term View," published by the Massachusetts School of Law. The public policy journal devotes each issue to an in-depth discussion of a single topic. The theme of this issue is "Secrecy is Everywhere."
September 30, 2003 – An article, “Bloggers and Their First Amendment Protection,” appeared in the vol. 57, no. 3 Fall 2003 issue of “The Neiman Reports,” published by The Neiman Foundation for Journalism at Harvard University. A copy of the article is available at http://www.nieman.harvard.edu/reports/03-3NRfall/1-2V57N3.pdf
August 21, 2003 – Prepared and filed an amicus (friend of the court) brief in the United States Supreme Court assisted by Silha Fellow Doug Peters and Silha RA Tom Corbett, on behalf of the Silha Center. The case is Office of Independent Counsel v. Favish , a Freedom of Information Act case concerning the scope of the privacy exemption to the statute in the context of a request for access to the Vince Foster suicide photographs. A copy of the amicus brief is available on the Silha Center web site, www.silha.umn.edu, under Resources.
July 2003 - Book chapter, "What's in a Name? Privacy, Property Rights and Free Expression in the New Communications Media," has been published in Journalism and the Debate Over Privacy, edited by Craig L. LaMay. Lawrence Erlbaum Associates, Inc. is the publisher of the new book, which was on display at AEJMC.
May 2003 - An essay, "Coming of Age in Minnesota," appeared in the May 2003 issue of the Federal Communications Law Journal, published by the Indiana University School of Law. The essay is one of 24 by contributors including Zoe Baird, Rep. Edward Markey, Prof. Cass Sunstein and the late Fred Rogers, for a special issue, "The Vast Wasteland Revisited," commemorating Newton Minow's 1961 "Vast Wasteland" speech to the National Association of Broadcasters.
Ongoing - Column, "First Amendment Watch," formerly "The Press and the Law," appearing in each issue of American Journalism Review. (AJR publishes ten issues each year.)
April 2003 - An encyclopedia article, "Privacy vs. Public Right to Know," in the four-volume Encyclopedia of International Media and Communications, published by Academic Press. Silha Fellow Elaine Hargrove assisted with Kirtley's research for the chapter. For more information, go to http://www.academicpress.com/mrw/
April 30, 2003 - Filed comments on the Council of Europe's "Draft Recommendation on the right of reply in the on-line media" with the assistance of Silha Fellow Elaine Hargrove. To read the Comments online, go to www.silha.umn.edu and click on "resources."
February, 2003 - An essay, "Sept. 11: your rights and the nation's security," appeared in "It's your right to know," a collection of essays published by Access/RI, a non-profit freedom of information coalition affiliated with the A. Alfred Taubman Center for Public Policy and American Institutions at Brown University in Providence.
November 2002 - an article, "Hidden Justice: The Ethics of Secret Settlements" appeared in the LDRC MediaLaw Letter.
September 27, 2002 - Was co-author of comments filed on behalf of the Silha Center. The comments centered on a proposed amendment to Local Rule 5.03 in the U.S. District Court for the District of South Carolina. The proposed rule would prohibit judges from sealing settlement agreements in any legal case. Kirtley co-authored the comments with Silha Fellow Kirsten Murphy. The comments are available online at the Silha Center's Web site at http://www.silha.umn.edu/sccomments.doc.
September 11, 2002 - an essay, "Don't Trade Freedom for False Security" appeared in the Minnesota Daily. The article is posted online at http://www.mndaily.com/new_site/article.php?id=208.
September 11, 2002 - an essay, "U Professor Questions U.S. Government Infringements on Media Freedom" was published in The Wake.
July 11, 2002 - was co-author of an amicus brief filed in the California Supreme Court case, DVD Copy Control Association, Inc. v. Bunner.
Summer 2002 - an article, "The Lonely Pamphleteer Redux" was published as the cover story in the summer issue of the American Bar Association's Tort and Insurance Practice Committee News.
December 2001 – An article entitled "The USA PATRIOT Act: Louis Freeh Gets His Wish," appeared in the Libel Defense Resource Center’s LibelLetter.
November/December, 2001 – Excerpts from an article, "It’s the Process, Stupid," were reprinted in the special 40th Anniversary Issue Supplement of Columbia Journalism Review.
Fall, 2001 – An article entitled "Keeping the Government Out of the Newsroom: A First Amendment Imperative?" was published in Human Rights, the Journal of the American Bar Association’s Section of Individual Rights and Responsibilities. The article was part of a special issue devoted to media and the circle of rights.
October/November 2001 – An article entitled "Privacy Intrusion: Where to Draw the Line," appeared in The Correspondent, the magazine of the Foreign Correspondents’ Club in Hong Kong.
September 28, 2001 – An article entitled, "Fighting Back Against Information Shutdown at Home and Abroad" was published on the Poynter Institute’s Web site. The article can be found at http://www.poynter.org/Terrorism/kirtley.htm. The article also appeared in the Fall 2001 issue of the Silha Bulletin.
September 2001 – An article entitled, "Enough is Enough," originally published in the Summer 2001 issue of Media Studies Journal, was posted to the Tom Paine Common Sense web site at www.tompaine.com. Professor Kirtley was also quoted in an opinion advertisement that the organization placed in the New York Times. The ad was also posted on the tompaine.com web site.
Summer 2001 – An article in Media Studies Journal entitled, "Enough is Enough: Journalists Should Draw a Line in the Sand to Limit the Military’s Attempts at Absolute Secrecy," as part of a symposium "Front Lines and Deadlines: Perspectives on War Reporting."
January 26, 2001 – A Second Circuit amicus brief, Universal City Studios, Inc. v. Reimerdes, with former Silha Fellow and research assistant Erik Ugland. Amici were Silha Center for the Study of Media Ethics and Law; Online News Association; Reporters Committee for Freedom of the Press; Newspaper Association of America; Student Press Law Center; Wired News; Pew Center on the States; and the College of Communications, California State University, Fullerton. Text of the brief can be found at www.thefirstamendment.org/linkingamicus.html or at the Silha Center Web site at www.silha.umn.edu/.
January 26, 2001 – Comments, "Privacy and Public Access to Electronic Case Files," drafted with former Silha Fellow and research assistant Erik Ugland, submitted to the Judicial Conference of the United States Privacy and Electronic Access to Case Files Subcommittee, Court Administration and Case Management Committee.
November 27, 2000 – A chapter, entitled, "Obtaining information under FOI Laws," as part of a monograph "Freedom of Information Concept Paper" by the American Bar Association’s Central and Eastern European Law Initiative.
November 10, 2000 – Prepared a critique of the proposed implementing legislation for the freedom of information law for the Slovak Republic and the American Bar Association’s Central and Eastern European Law Initiative.
September/October 2000 – An article entitled, "It’s the Process, Stupid: Newsgathering is the Target," published in the Columbia Journalism Review.
Fall 2000 – An article entitled, "Privacy and the Press in The New Millennium: How International Standards are Driving the Privacy Debate in the United States and Abroad" was published in the Fall 2000 issue of the University of Arkansas-Little Rock Law Review.
June 2000 – An op-ed piece on privacy appears under various titles in more than a dozen newspapers nationwide, including the St. Paul Pioneer Press, Seattle Post-Intelligencer, Portland Oregonian, Sandusky (OH) Register, Atlantic City Press, Watertown (NY) Daily Times, Birmingham (AL) Post-Herald, San Angelo (TX) Standard Times, Dayton (OH), Daily News, Redding (CA) Record Searchlight as well as "The Washington Newspaper," published by the Washington State Newspaper Publishers Association.
June 2000 – A course outline, "Ethics and the Newsgathering Process," published in Practising Law Institute's course book, Litigating Newsgathering Claims 2000.
May 2000 – An essay, "What a Free Press Means to Me," in "Voices of Freedom 2000: What a Free Press Means to Me," published by the World Press Freedom Committee.
May, 2000 – A book chapter, "Louis Brandeis Has a Lot to Answer for: Restricting News Coverage in the Name of Protecting Privacy," in "New Code Words for Censorship," published by World Press Freedom Committee.
Spring 2000 – An article, "Much Ado about Nothing? Preparing to Face Videocameras in the Courtroom," appeared in Litigation Magazine, published by the American Bar Association's Section of Litigation.
March 2000 – An article, "Backtalk: Better or Worse?" in Presstime magazine.
January 2000 – A book chapter, "Is It a Crime? An Overview of Recent Legal Actions Stemming from Investigative Reports," appeared in "The Big Chill: Investigative Reporting in the Current Media Environment," published by the Iowa State University Press.
October/November 1999 – An article, "What about Due Process?" in The Correspondent.
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