First Five Newsletter: January 16, 2020

First Five
First Amendment-ish issues, posts of off the record interviews with political candidates, social media policies on political speech and more.

First Five Column

Lata Nott talks about what she calls ‘First Amendment-ish issues,’ which she describes as another category of issues outside of the First Amendment scope that have an outsized impact on what some consider the purpose of the First Amendment. Read the column. A plain text version is available for publishers here.


The online news outlet The Wrap reports that The New York Times editorial board will, for the first time, post video and provide transcripts of its previously “off the record” interviews with political candidates. The paper also will produce a podcast showing how the editorial board members made decisions on endorsements.


Axios provides an update on how social media firms have set their policies on political ads and political speech, also warning that those decisions in effect “fired a starting pistol for political strategists to find ways to exploit them.”


The complex question of when a work of art, a photo or other artistic work is considered to be “transformed” by another person and thereby is considered “fair use” and can be freely used is explored by an expert in licensing, trademarks, copyrights, fair use and public domain issues in the American Bar Association’s ABA Journal.


The Religious Freedom Center’s program “Georgia 3Rs” is hailed by educators, students in The Atlanta Journal-Constitution’s AJC.Com. “Knowledge of the Constitution isn’t passed in the gene pool,” says Kathy Sanchez, Gwinnett County Public Schools director of social studies for grades 6-12. “Kids have to learn it.” 


A City University of New York law and ethics professor writes that the news media should learn —  but likely won’t — to slow down and get it right, based on CNN’s decision to settle a lawsuit with a Kentucky teen shown in a 2019 viral video facing a Native American man on the National Mall in Washington, D.C.

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