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Media & the Law Seminar

Each year, the University of Kansas School of Law and the Kansas City Metropolitan Bar Association Media Law Committee join together to host the Media and the Law Seminar in Kansas City, along with other local events, to facilitate and encourage dialogue about the latest legal issues and developments in media, law and technology.

The 28th Annual
Media & the Law Seminar

"Rules of Engagement: Journalists, Police and the Daze of Disorder"
First Amendment Implications of Ferguson and Its Aftermath

Friday, April 17, 2015
8 a.m. 4:15 p.m.
InterContinental Hotel at the Plaza - Kansas City, Missouri

Uninhibited news coverage of confrontations between policy and citizens is instrumental in protecting civil rights. This year's seminar will explore the constitutional conflicts that arise when reporters cover clashes between protesters and law enforcement. In the Midwestern suburb of Ferguson, Missouri, demonstrators, police and journalists converged in the streets throughout 2014 in response to the death of an African-American teen, Michael Brown. Protesters were suppressed as they voiced their dismay, anger and frustration with the justice system. A number of journalists were threatened, jailed and gassed as they reported upon the demonstrations. Businesses were looted and burned, and policy were criticized either for not doing enough, or for using excessive force to maintain law and order. As the media spotlighted deaths of even more African-American males in encounters with white policy officers, the protests spread, stirring controversy about the U.S. justice system.

National experts will discuss issues that arise when basic freedoms collide with police action. Were First Amendment rights violated by curfews and mass arrests? Should safety and public welfare concerns outweigh the constitutional rights of assembly and free speech? What advice should counsel give media clients who cover conflicts between demonstrators and police? Do body cameras and drones protect civil rights or violate privacy rights? During the lunch program, three dynamic speakers will bring their unique perspectives in a candid discussion about the First Amendment, race and the justice system.

Panel 1: The First Amendment in the Crossfire

Protecting Journalists and Free Speech when Policy and Protestors Collide

Moderator: Mark Sableman​, Partner, Thompson Coburn LLP, St. Louis, MO

James NewtonEditor and Lecturer, UCLA, Los Angeles, CA
Scott OlsonStaff Photographer, Getty Images, Chicago, IL
Mickey H. Osterreicher, General Counsel for the National Press Photographers Association, Of Counsel, Hiscock and Barclay LLP, Buffalo, NY

The Christopher Commission Report (Los Angeles)
Los Angeles Policy Department Report to the Board of Policy Commissioners (PDF)
Hussein v. County of Saint Louis, Missouri, No. 4:14-cv-1410 JAR, U.S. District Court Eastern District of Missouri Eastern Division, Declaration of Mickey H. Osterreicher (PDF)
Hussein v. County of Saint Louis, Missouri, No. 4:14-cv-1410 JAR, U.S. District Court Eastern District of Missouri Eastern Division, Memorandum in support of motion for a preliminary injunction (PDF)
NPPA Letter to Ferguson Policy Department, Mickey Osterreicher (PDF)
NPPA Letter to Missouri State Highway Patrol, Mickey Osterreicher (PDF)
PEN America report

Panel 2: You Watch Us, We Watch You

Assessing the Effects of Emerging Surveillance Technologies

Moderator: Michael BerryPartner, Levine, Sullivan, Koch & Schultz LLP, Philadelphia, PA

Ashley MessengerSenior Associate General Counsel, NPR, Washington, DC
Ronald Miller, former police chief of Topeka and Kansas City, Kansas, Basehor, KS
Jay Stanley, Senior Policy Analyst, ACLU Project on Speech, Privacy, and Technology, Washington, DC
Bill Staples, Director, Surveillance Studies Research Center, University of Kansas, Lawrence, KS

Preface and Chapter 1 Everyday Surveillance - William Staples (PDF)
Journo-Drones: A Flight over the Legal Landscape by Nabiha Syed and Michael Berry (PDF)
The Washington Post - An introduction to journodrones by Michael Berry and Nabiha Syed
The Washington Post - The possible perils of private drones by Michael Berry and Nabiha Syed
The Washington Post - Philosophical approaches to drone regulation
The Washington Post - The FAA's slow move to regulate domestic drones by Michael Berry and Nabiha Syed
The Washington Post - Litigation pushes back against FAA enforcement by Michael Berry and Nabiha Syed
The Washington Post - State legislation governing private drone use by Michael Berry and Nabiha Syed
The Washington Post - Drones and laws of general applicability by Michael Berry and Nabiha Syed
The Washington Post - Legislators shouldn't rush to enact laws on private drone use by Michael Berry and Nabiha Syed
Overview of Small UAS Notice of Proposed Rulemaking - Federal Aviation Administration (PDF)
Billing Code 4910-13-P, Department of Transportation, Federal Aviation Administration, 14 CFR Parts 21, 43, 45, 47, 61, 91, 101, 107, and 183, [Docket No.: FAA-2015-0150; Notice No. 15-01]. ROM 2120-AJ60, Operation and Certification of Small Unmanned Aircraft Systems (PDF)
General Order Metropolitan Police, District of Columbia (PDF)
Moore v. City of Chicago, Chicago Police Officers Jason Wilson, Richard Plotke, and Luis Alejo, 12 C 238, (U.S. District Court Northern District, Illinois, E. Division), Memorandum Opinion and Order (PDF)
American Civil Liberties Union of Illinois, ACLU v. Alvarez, In the United States Court of Appeals for the Seventh Circuit, May 8, 2012 (PDF)
Glik v. Cunnifee, United States Court of Appeals for the First Circuit, August 26, 2011 (PDF)
The Conforming Effect: First Amendment Implications of Surveillance, Beyond Chilling Speech, Margot E. Kaminski and Shane Witnov, The Ohio State University Moritz College of Law, January 1, 2015

Panel 3: Running the Newsgathering Gauntlet

Navigating Government Obstacles and Demands for Information

Moderator: Robin Luce-Herrman, Partner, Butzel Long, Bloomfield Hills, MI

Joseph E. Martineau, Member, Lewis Rice LLC, St. Louis, MO
Christine Wells, Associate Dean of Academic Affairs, Enoch H. Crowder Professor of Law, University of Missouri, School of Law, Columbia, MO
Dennis McCullough, Director, Public and Government Relations, The University of Kansas Hospital, Kansas City, KS
Jean Paul Bradshaw, Partner, Lathrop & Gage LLP, Kansas City, MO and former United States Attorney for the Western District of Missouri

Christina Wells, Information Control in Times of Crisis: The Tools of Repression (symposium, Privacy and Surveillance), University of Missouri School of Law Scholarship Repository (PDF)
Attorney General, Updated Policy Regarding Obtaining Information from, or records of, members of the news media; and regarding questioning, arresting, or charging member of the news media, U.S. Department of Justice (PDF)
The University of Kansas Hospital and Medical Center Emergency Operations Plans provide guidelines on responding to an emergency or crisis situation (PDF)
HIPAA Challenges in a Crisis (PDF)
Grand Juror Doe v. McCulloch, No. 4:15-cv-00006, U.S. District Court Eastern District of Missouri Eastern Division, Complaint for Prospective Relief (PDF)
Pham v. Texas Health Resources, Inc., In the District Court of Dallas County, Texas, Plaintiff’s Original Petition (PDF)
Abdullah v. County of Saint Louis, Missouri, No. 4:14-cv-1436 CDP, In the U.S. District Court Eastern District of Missouri Eastern Division, Order (PDF)
Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 331 and 21, An Act (PDF)
Amend House Bill No. 762 (PDF)

Panel 4: Scene on the Street

Avoiding Intellectual Property Pitfalls when Documenting Civil Unrest

Moderator: Joel Weiner, Partner, Katten Muchin Rosenman LLP, Los Angeles, CA

Lou Petrich, Partner, Leopold Petrich & Smith PC, Los Angeles, CA
Peter Rienecker, Vice President, Legal Affairs, Home Box Offic, Inc., New York, NY
Karen Shatzkin, Partner, Shatzkin & Mayer, PC, New York, NY

Davis v. Constantin COSTA-GAVRAS, Universal Studios, Inc. and MCA, Inc., 654 F. Supp. 653, (U.S. District Court, S.D. New York, 1987)
The Case for Hollywood History, Francine Prose

Panel 5: Rush to Judgment

Breaking News about a Crisis Without the Facts

Moderator: Robert Bertsche, Partner, Prince Lobel Tye LLP, Boston, MA

Carolyn Forrest, Vice President Legal Affairs, Fox Television Stations Inc., Atlanta, GA
Donna McGuire, Assistant City Editor, Crime and Justice, The Kansas City Star, Kansas City, MO
C. William Barrett, Partner, Esdaile, Barrett, Jacobs & Mone, Boston, MA

Marc Fisher, “Who cares if it’s true? Modern-day newsrooms reconsider their values,” Columbia Journalism Review (March/April 2014), © 2014 Columbia Journalism Review (PDF)
Rob Tornoe, “True or False? As newsrooms compete against the speed of social media, journalists must remember to report the facts first,” Editor and Publisher (February 2015), © 2015 Editor and Publisher (PDF)
Craig Silverman, “Lies, Damn Lies, and Viral Content: How News Websites Spread (and Debunk) Online Rumors, Unverified Claims, and Misinformation” (Tow Center for Digital Journalism, Columbia Journalism School: A Two/Knight Report, 2015) (PDF)
Craig Silverman, The Poynter Institute, ed., “Verification Handbook: An Ultimate Guideline on Digital Age Sourcing for Emergency Coverage” (European Journalism Centre, Emergency Journalism Initiative, 2014)
Atlanta Journal-Constitution, et al. v. Jewell, 251 Ga. App. 808 (2001), cert. denied, 537 U.S. 814 (2002)
Valadez v. Emmis Communications et al., 290 Kan. 472, 229 P.3d 389 (Kan. 2010) (PDF)
Salaheddin Barhoum and Yassine Zaimi v. NYP Holdings, Inc., No. 13-cv-2062 (Suffolk (MA) Super. Ct. March 17, 2014) (Fabricant, J.), Corrected Memorandum of Decision and Order on Defendants’ Motion to Dismiss (PDF)
Barhoum and another v. NYP Holdings, No. 13-2062, Commonwealth of Massachusetts, Complaint and Jury Demand (includes as exhibit A New York Post front page, April 18, 2013) (PDF)
Defendants’ Memorandum of Law in Support of their Motion to Dismiss the Complaint for Failure to State a Claim (Aug. 8, 2013) (PDF)
Plaintiffs’ Opposition to Defendants’ Motion to Dismiss the Complaint for Failure to State a Claim (Sept. 17, 2013) (PDF)
Defendants’ Reply Memorandum of Law in Support of their Motion to Dismiss the Complaint for Failure to State a Claim (Oct. 5, 2013) (PDF)
Plaintiffs’ Surreply in Opposition to Defendants’ Motion to Dismiss the Complaint for Failure to State a Claim (Oct. 28, 2013) (PDF)
Abdulrahman Alharbi v. Glenn Beck; The Blaze, Inc.; Mercury Radio Arts, Inc.; and Premiere Radio Networks, Inc., No. 14-11550 (D. Mass. Dec. 2, 2014) (Saris, C.J.), Memorandum and Order (PDF)

Legal Ethics

Supplemental Readings

Luncheon Program

Sylvester James
Sylvester "Sly" James became mayor of Kansas City in May 2011. Far from being a career politician, the Kansas City native spent more than 25 years practicing law, first at a prominent Kansas City firm and then at his firm, the Sly James Firm. After graduating from high school in 1969, James spent four years as a military policeman and later enrolled at Rockhurst College and then at the University of Minnesota Law School. He graduated cum laude from both schools. As mayor, his agenda has included crime reduction, education, infrastructure improvement, business attraction and building the first phase of a streetcar line through the heart of Downtown. He has become one of Kansas City's most visible and vocal advocates. In an interview discussing his first term, James shared his views on the combination of action and attitude he has worked to engender at City Hall: "We've gone from kind of a dour, woe-is-me, down-in-the-mouth kind of group coming out of the recession to a group of people that says: 'We can do that. Let's get that done.' ...Without the attitude, you can't drive the action."

John Eligon
​John Eligon is a veteran reporter for The New York Times currently servicing as a national correspondent based in Kansas City. In his 10 years at The Times, Eligon has covered national news events from sports to courts to politics, including some of the world's biggest stories, such as the death of Nelson Mandela. As a Midwest correspondent, he covers six states and writes about life in the heartland. Eligon is an authoritative voice on issues of race and class. When the grand jury decision was announced in Ferguson, Eligon was on the streets capturing the protests via Twitter. Born on the island of Trinidad and Tobago, Eligon moved to the United States as a child. He took to journalism early because he loved sports and was excited by the idea of covering them. After graduating from Northwestern University with degrees in journalism and German, Eligon covered sports for a year at The Detroit Free Press. He was later hired by The Times, where he covered sports before moving into news. A sports enthusiast, he has run six marathons, including the fateful 2013 Boston Marathon, and reported on the bombings after finishing the race.

Steve Kraske
​Steve Kraske is an associate teaching professor of journalism at the University of Missouri - Kansas City, a political columnist for The Kansas City Star, and has hosted "Up to Date" on KCUR, an NPR affiliate, since 2002. For almost twenty years, he worked as the full-time political correspondent for The Kansas City Star covering national, state and local campaigns. He also covered the statehouses in Topeka and Jefferson City. Before arriving in Kansas City, Kraske worked at daily newspapers in Iowa and Illinois and at the United Press International in Madison, WI. He is a graduate of the University of Wisconsin - Madison where he received a bachelor's degree in journalism. He was a 1992 John S. Knight Journalism Fellow at Stanford University. Kraske has won awards for his print and radio work and has appeared on NPR, CNN and Fox.

The Amnesty International report (PDF)
The Penn report (PDF)

Bonus Session

Thursday, April 16, 2015
4 — 5:45 p.m.

Risk Mitigation for a Newsroom in Crisis

Limiting Exposure for Media Operations and Journalists in Harm's Way through Disaster Planning and Insurance

A free* session on Thursday afternoon on risk mitigation for news organizations will be offered for attendees who are registered for the Friday program. The many perils faced today include responding to a cyber-attack, rescuing an Ebola-stricken colleague, negotiating with terrorists for the release of a kidnapped colleague, or covering the aftermath of an earthquake, F-5 tornado or a Category 5 hurricane. Experts will discuss how to minimize exposure from man-made and environmental threats through business continuity planning and risk management, including the placement of insurance. Two hours of Insurance Continuing Education Credits are available in Kansas (Missouri pending) for insurance professionals attending this informative session.

*Free when also attending the Friday seminar

Moderator: Robert Latham, Partner, Jackson Walker LLP, Dallas, TX

David M. Giles, Vice President, Deputy General Counsel and Chief Ethics Officer, The E.W. Scripps Company, Cincinnati, OH
Michal Gnatek, Vice President - Aerospace and Defense, Lockton Companies, Washington, DC
Joanne Richardson, CPCU, Media & Entertainment Practice Leader, Hiscox Partner, Hiscox USA, New York, NY
David B. Smallman, David B. Smallman, Managing Member, Smallman + Snyder Law Group, New York, NY
Kris Ketz, Morning News Anchor for KMBC-TV, Kansas City, MO

Out of the Shadows, Michal Gnatek, Lockton (PDF)
Sending Your Employees Into Battle, Michal Gnatek, Lockton (PDF)
Hiscox - Kidnap and Ransom Insurance Policy (PDF)
Hiscox - US TMT Multimedia Liability (Admitted) (PDF)
Hiscox - E2404.1 Subpoena Defense Costs Coverage Endorsement (PDF)
Hiscox - E2409.1 Reporter's Shield Enhancement Endorsement (PDF)
Hiscox - PPT Risk Management for a Newsroom in Crisis (PDF)
Edwards et al v. Snowden et al, No. 2:14-CV-02631-JAR-TJJ, (D. Kan., Feb. 14, 2015), Second Amended Complaint (PDF)
Final docket for Edwards et al v. Snowden et al, as of April 9, 2015 (PDF)

General Information

CLE and Insurance CE Credit
A total of 10 CLE credit hours (2 for Thursday's panel and 8 hours, including 1 hour of ethics, for Friday's seminar) have been approved by the Kansas CLE Commission, as well as in Missouri, New York and California. The seminar support staff will provide on-site assistance to attendees who plan to apply for CLE credit from other jurisdictions. Also, we are seeking approval from both Kansas and Missouri Insurance Departments for 2 hours of CE for Thursday's "Risk Mitigation for a Newsroom in Crisis" session. Certificates will be issued after the seminar for insurance documentation.
Registration Fees
Thursday, April 16, 2015
Risk Mitigation for a Newsroom in Crisis
(if attending the Seminar on April 17, 2015)
No Charge
Risk Mitigation for a Newsroom in Crisis $40
Friday, April 17, 2015
KCMBA Lawyer $325

Non-KCMBA Lawyer
(registered by March 20, 2015)


Non-KCMBA Lawyer
(registered after March 20, 2015)

Full-Time Journalist, Educator or Student $60
Member of the Public $110

Luncheon Only
(available after March 20, 2015; preference will be given to seminar registrants)

Note: A lawyer who works full-time for a non-profit organization, academic institution or government agency, or who has special financial need, may apply for a discounted fee. The application must be submitted in writing to the KCMBA Media Law Committee in care of the seminar coordinator, Pam Hicks, phicks@ku.edu, KU Continuing Education, Regents Center 125, 12600 Quivira Road, Overland Park, KS, 66213.
Friends of the annual Media and the Law Seminar are welcome to offer financial support and apply for recognition as contributors. Contributions are used to defray annual seminar expenses. To become a recognized contributor, one must have established interests in common with the seminar co-sponsors, evidence of support for the media law traditions and values represented by the seminar, and ability to help meet expenses. If the co-sponsors accept an application to be a recognized contributor, the applicant will receive information about the procedure for supporting the seminar and receiving recognition. An application to be a recognized contributor for a forthcoming seminar may be submitted to the seminar coordinator, Pam Hicks, phicks@ku.edu.
28th Annual Media and the Law Seminar Contributors
AXIS Insurance
Fox Rothschild LLP
Holland & Knight LLP
Katten Muchin Ronseman LLP
Larry Worrall
Landon Rowland, Lead Bank
Lathrop & Gage LLP
Levine Sullivan Koch & Schulz LLP
Media, Privacy and Advertising Law Committee of the Tort Trial and Insurance Practice Section of the ABA
OneBeacon Professional Insurance
Satterlee Stephens Burke & Burke LLP
Location & Parking
InterContinental Hotel at the Plaza, 401 Ward Parkway, Kansas City, Missouri
Hotel guest valet parking is $18 a day or self-park for $15 a day. Participants commuting to the seminar can park during the day at the InterContinental at no cost.
Rooms have been reserved at the InterContinental Hotel at the Plaza until 5 p.m. March 16, 2015. After that date, room availability and rate cannot be guaranteed. Please make your reservations by calling 866-856-9717, or register online at www.kansascityic.com. To receive the special seminar rate of $184, mention that you will be attending the University of Kansas Media and the Law Seminar, or use the group code M15 when registering online.
Kansas City Attractions
Thinking of enjoying the weekend in Kansas City after the seminar? There are attractions and events for everyone, including:
  • Kansas City FilmFest - An annual, juried film festival featuring more than 100 local, regional, national and international films, the Kansas City festival will be held April 15-19, 2015. The KC FilmFest brings together independent filmmakers, industry professionals, and audience members from around the world through collaborative seminars, panels, receptions and parties.
  • Country Club Plaza - Across the street from the InterContinental Hotel at the Plaza, the 15-block district is one of Kansas City's popular retail, dining and entertainment destinations.
  • Westport - A fusion of local eateries, fashionable boutiques and hot night spots compounded with remnants of the neighborhood's historic past, this entertainment district boasts a rich history as the oldest established community in Kansas City. More than 150 years ago, Westport marked the passage into the western frontier and set the foundation for what it is today: a thriving shopping center and entertainment district.
  • Crossroads Arts District - Kansas City's eclectic enclave hosts boutique shops, one-of-a-kind restaurants, creative businesses, studios and art galleries.
  • Kansas City Power & Light District - Spread over a half-million square feet, the Kansas City Power & Light District is the Midwest's premier entertainment epicenter. With more than 50 unique and captivating shops, restaurants, bars and entertainment venues, the district offers something for everyone.
For additional information on the above attractions and Kansas City events, visit www.visitkc.com.
Program Accessibility
We accommodate persons with disabilities. Please call 785-864-5823 or mark the space on the registration form and a KU Continuing Education representative will contact you to discuss your needs. To ensure accommodation, please register at least two weeks before the start of the seminar. The University of Kansas is committed to providing programs and activities to all persons, regardless of race, religion, color, national origin, ancestry, sex, age, disability and veteran status. In addition, university policies prohibit discrimination on the basis of sexual orientation, marital status and parental status.
Nondiscrimination Policy
The University of Kansas prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression and genetic information in the University's programs and activities.  The following person has been designated to handle inquiries regarding the non-discrimination policies: Director of the Office of Institutional Opportunity and Access, IOA@ku.edu, 1246 W. Campus Road, Room 153A, Lawrence, KS, 66045, (785)864-6414, 711 TTY.
Privacy Policy
KU Continuing Education does not share, sell or rent its mailing lists. You have our assurance that any information you provide will be held in confidence by KU Continuing Education. We occasionally use mailing lists that we have leased. If you receive unwanted communication from KUCE, it is because your name appears on a list we have acquired from another source. In this case, please accept our apologies.
Refund and Cancellation Policy
A full refund of registration fees, less a $50 administrative fee, will be available if requested in writing and received by April 10, 2015. No refunds will be made after that date. A $30 fee also will be charged for returned checks. (Please note that if you fail to cancel by the deadline and do not attend, you are still responsible for payment.) KU Continuing Education reserves the right to cancel the seminar and return all fees in the event of insufficient registration.  The liability of the University of Kansas is limited to the registration fee.  The University of Kansas will not be responsible for any losses incurred by registrants, including but not limited to airline cancellation charges or hotel deposits.

About Media and the Law

Since 1987, the Media and the Law seminar series has brought together lawyers, judges and others to discuss legal issues and trends in media, law and technology. Initiated by leadership in the Kansas City media liability insurance community, the seminar is planned by local area media lawyers, journalists and educators and coordinated by the University of Kansas Continuing Education staff. From the latest First Amendment litigation to emerging social media risks, the "hot topics" of each year are explored and debated by a panel of experts and distinguished speakers.

For questions, contact KU Continuing Education at:

KU Continuing Education
1515 Saint Andrews Drive
Lawrence, KS 66047-1619

Phone: 785-864-5823 or (toll free) 877-404-5823
Email: kuce@ku.edu


Register Online for the Media & the Law Seminar

Payment is required at the time of registration. Only registrations accompanied with payment will be accepted. Please register in advance. Fees include continental breakfast, lunch and refreshments.

Online registration is preferred, but if you need to register by phone, you can call one of our Registration Specialists at the number below:

Register by Phone
785-864-5823 or 877-404-5823 (toll free)

Register by TDD

Past Seminars

20142013 | 2012 | 2011 | 2010 | 2009
2008 | 2007 | 2006 | 2005 | 2004 | 2003

Return to 2015 seminar page

Why KU
  • One-third of full-time faculty have written casebooks used at U.S. law schools
  • 2 KU law faculty were U.S. Supreme Court clerks
  • KU’s Project for Innocence: 33 conviction reversals since 2009
  • 7,300+ alumni live in all 50 states and 18 foreign countries
  • #18 “best value” law school in the nation — National Jurist Magazine
  • 12 interdisciplinary joint degrees
  • 27th nationwide for lowest debt at graduation. — U.S. News & World Report
  • 70 percent of upper-level law classes have 25 or fewer students
  • Nearly 800 employment interviews at law school, 2012-13
  • Top 25% for number of 2013 grads hired by the nation’s largest law firms
  • 20th: for number of law alumni promoted to partner at the 250 largest law firms