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Home LEGAL Laws Editorial and Opinions Education: State and National Shield Laws in the USA

Editorial and Opinions Education: State and National Shield Laws in the USA

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First, we want to define for you what an Editorial piece means:

An editorialleading article (UK) or leader (UK), is an opinion piece written by the senior editorial staff or publisher of a newspapermagazine, or any other written document. Editorials may be supposed to reflect the opinion of the periodical.[citation needed] In Australian and major United States newspapers, such as The New York Times[1] and The Boston Globe,[2] editorials are often classified under the heading “opinion”.

Illustrated editorials may appear in the form of editorial cartoons.[3]

Typically, a newspaper’s editorial board evaluates which issues are important for their readership to know the newspaper’s opinion.[4]

Editorials are typically published on a dedicated page, called the editorial page, which often features letters to the editor from members of the public; the page opposite this page is called the op-ed page and frequently contains opinion pieces by writers not directly affiliated with the publication. However, a newspaper may choose to publish an editorial on the front page. In the English language press, this is done rarely and only on topics considered especially important; however, it is more common in some European countries such as SpainItaly, and France.[5]

In the field of fashion publishing, the term has been adapted to refer to photo-editorials – features with often full-page photographs on a particular theme, designer, model or other single topic, with or (as a photo-essay) without accompanying text.[6]

Second, we want to define for you what an Opinion piece means:

In general, an opinion is a judgment, viewpoint, or statement about matters commonly considered to be subjective.

What distinguishes fact from opinion is that facts are verifiable, i.e. can be objectively proven to have occurred. An example is: “United States of America was involved in the Vietnam War” versus “United States of America was right to get involved in the Vietnam War”. An opinion may be supported by facts, in which case it becomes an argument, although people may draw opposing opinions from the same set of facts. Opinions rarely change without new arguments being presented. It can be reasoned that one opinion is better supported by the facts than another by analyzing the supporting arguments.[1] In casual use, the term opinion may be the result of a person’s perspectiveunderstanding, particular feelings, beliefs, and desires. It may refer to unsubstantiated information, in contrast to knowledge and fact.

Collective or professional opinions are defined as meeting a higher standard to substantiate the opinion.

Editorial opinion[edit]

An “editorial opinion” is the stated opinion of a newspaper or of its publisher, as conveyed on the editorial page.

And Fourth California Shield Law:

In California, article I, section 2(b) of the California Constitution and Evidence Code section 1070 provide an immunity from being held in contempt to reporters, editors, publishers, and other people connected with or employed by newspapers, magazines, press associations and wire services, as well as radio or TV news reporters.

The California shield law applies to both the source of information (“confidential sources”) and to “unpublished information” such as notes, out-takes, unpublished photographs and tapes.

When a criminal defendant seeks information protected by the shield law, the courts have set up a “balancing test” which weighs how important the information is to the criminal defendant, whether the defendant can get the information elsewhere, and other factors.  See Delaney v. Superior Court (1990) 50 Cal. 3d 785.

On the other hand, when the prosecution seeks information in a criminal law, the shield law is absolute.  Miller v. Superior Court (1999) 21 Cal. 4th 883.  And in a civil case where the press is not a party, the immunity from contempt is also absolute – there’s no balancing test.  New York Times v. Superior Court (1990) 51 Cal. 3d 453.   This case helps journalists avoid being forced to be professional witnesses instead of professional journalists.

Does the shield law cover bloggers?  Good question.  The California shield law covers people “connected with or employed upon” a “newspaper, magazine, or other periodical publication, or by a press association or wire service.”   That question is likely to be litigated in the near future.

Additional information on the California Shield Law, Evidence Code Section 1070

1070. (a) A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed, cannot be adjudged in contempt by a judicial, legislative, administrative body, or any other body having the power to issue subpoenas, for refusing to disclose, in any proceeding as defined in Section 901, the source of any information procured while so connected or employed for publication in a newspaper, magazine or other periodical publication, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public.

(b) Nor can a radio or television news reporter or other person connected with or employed by a radio or television station, or any person who has been so connected or employed, be so adjudged in contempt for refusing to disclose the source of any information procured while so connected or employed for news or news commentary purposes on radio or television, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public.

(c) As used in this section, “unpublished information” includes information not disseminated to the public by the person from whom disclosure is sought, whether or not related information has been disseminated and includes, but is not limited to, all notes, outtakes, photographs, tapes or other data of whatever sort not itself disseminated to the public through a medium of communication, whether or not published information based upon or related to such material has been disseminated.

To read more on National and US Legal Shield Laws click on: Briefing Paper on Protection of Journalists’ Sources

Editor’s Note: Now you have it. Educate yourself if you do not want the “Real Press or Media” teams to report of what they saw then make your event private and remember press or media representatives are not your publicist and is against journalism code of ethics to accept payment for exchange on an exemplary article. Those are not real journalists and they out of the blue bought a video camera or  photo camera and became media or press but has no direction or guidelines of the rules set by professional organizations for Journalists and Media or Press Associations such as: http://www.naa.orghttp://newamericamedia.org/network/association, SPJLos Angeles Press Club and many more. They have no idea the formats how to write. They have no education on the field. So sad those desperate publicists accepts anyone that claims to be media or press!

Sources: Wikipedia, http://firstamendmentcoalition.org

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Esteban Steven Escobarhttp://diversitynewsmagazine.org
Publisher, Director of Public/Media Relations & Community Affairs, Sales, Reporter, Webmaster & Graphic Designer Specialist. Esteban A. Escobar (born in El Salvador, Central America on September 6th and U.S. Naturalized on May 20, 2015) is a multi-award winning American journalist, reporter, editor, columnist, writer, producer, director, publicist, radio personality, entrepreneur, accounts receivable specialist, humanitarian and philanthropist. Esteban Steven Escobar, CEO and Publisher of DiversityNewsMagazine.org Steven Escobar started Diversity News Publications when he saw the word Diversity in an office and it’s meaning, he them decided to call his company Diversity News Publications and started branding the name Diversity News. Steven Escobar goal is to promote and raise awareness of Diversity and Inclusion. For those reasons Steven Escobar is known as the man from Diversity. Esteban is known as Steven Escobar. He is the CEO, President & Executive Editor-In-Chief of Diversity News Magazine, an online & special print consumer news magazine both are available worldwide and are viewed freely by millions of visitors each month. On 7-10-2015, Steven Escobar founded and is the CEO, President and Executive Producer of Diversity News Magazine Awards which launched on 11-5-2016 by sponsoring Diversity Pageants special awards. Also on 7-10-2015, Steven Escobar unveiled the launch of new media outlet named Miss Diversity News Beauty Pageants Magazine. On November 2013, Steven Escobar founded and is currently the Chief Executive Officer of Diversity Professional Business & Media Solutions Group, a company to help small businesses to be compliant with changes in technology and have a presence online. On July 2013 Steven Escobar founded and is the CEO of Diversity Recovery Systems, a professional consulting and account receivables third party company specializing in healthcare medical collections. Esteban “Steven” Escobar is also the executive producer and director of Diversity News TV, the host of Diversity News Radio, on Air with Steven Escobar, and the Founder, CEO and President of Diversity News Publications, a news/entertainment multimedia firm in Hollywood, CA. Steven Escobar owns E.E.Enterprises, an affiliate of The Diversity News Publications family of companies. Steven Escobar is a currently a contributor and writer for CNN.com. Esteban “Steven” Escobar is a former official contributor/writer for the Hollywood and Los Angeles County events examiner for Examiner.com and contributor for Yahoo.com distributed via Yahoo Voices. Steven Escobar is currently the account executive and media liaison at World Wide Vital Marketing & Public Relations. Steven Escobar’s former professional affiliations and memberships include being a member and media partner of the Filipino American Chamber of Commerce of Greater Los Angeles Inc., (Gay and Lesbian Entertainment Critics Association) GALECA with voting and membership rights on The Dorian Awards. Since 2011, Steven Escobar started been involved in the beauty pageant industry. On May 20, 2011 Steven Escobar was a judge for Ms. Exoti-Lady World Pageant 2011. In 2013, Steven Escobar became involved with Virgelia Productions producers of Miss Asia USA, Mrs Asia USA and Miss Teen Asia USA Beauty Pageants as their Public Relations representative. In 2014 Steven became involved with Virgelia Productions as consultant publicist for 3rd Annual Miss Latina Global, Miss Teen Latina Global and Mrs Latina Global Beauty Pageants. Also in 2015 Steven Escobar consulting services were retained by Virgelia Productions Inc., to help with online marketing and public relations with the 27th Annual Miss Asia USA, 11th Annual Mrs. Asia USA, Miss Teen Asia USA and 4th Annual Miss Latina Global, Mrs. Latina Global and Miss Teen Latina Global as well 1st Annual Miss Europe Global. Because of his goals and aspirations in the media publishing business, Steven Escobar has acquired skills in new media including marketing and public relations. Steven Escobar is no stranger to the entertainment industry. He has covered many prestigious events in Hollywood. Some of them are the 2009 Outstanding Emmy Awards Nominees, 2010 American Music Awards, 2011 American Music Awards, 69th Annual Golden Globe Awards Nominees Announcement, 43rd NAACP Image Awards, 44th NAACP Image Awards, 12th Annual Latin Grammys Nominees Announcement, 2012 NCLR ALMA Awards, the Hollywood Christmas Parade, the 2014 Golden Globe Awards, 2015 LA Times/Hoy Awards, 2016 NBC The Voice Season 11 finale, 2017 She Rocks Awards, 48th NAACP Image Awards Nominees’ Luncheon Kick-Off Celebration, 2017 Writers Guild Awards, 27th Annual Night of 100 Stars Academy Awards Viewing Gala, and many more. Steven Escobar also gives back to the community by helping charities. From 2003 to the present, he has been raising money and awareness for AIDS Walk LA benefiting AIDS Project Los Angeles now known as AIDS Project Los Angeles Health through team Diversity News 3960. Also in 2011 Steven Escobar raised money for The Life Group LA. Steven Escobar has volunteered for Exotifit For Humanity now known as We Care for Humanity and The Human Rights Campaign Los Angeles Steering Committee. Steven was nominated for The Shorty Awards 2011 and the People’s Choice Fan Award 2012. In 2012 Steven Escobar received the Humanitarian Award at the 2012 International Noble Awards. Also on June 2, 2012 Steven Escobar Received the Community and Humanitarian Services Award at Kayamanan Bayan for all his contributions to the Filipino American community in Southern California. On 12-12-12 Steven Escobar received an award for the Most Fascinating Person of the Year. On August 4, 2013, Steven Escobar won the 2013 EOTM (Entrepreneurs On the Move) Award for Outstanding Internet Talk Show Diversity News Radio on Air with Steven Escobar. Yahoo.com named Steven Escobar one of the Hot 500 contributors during the month of March 2012. On March 1, 2014 Steven Escobar received the following awards from City of Beverly Hills Mayor John A. Mirisch: The Diversity Award Certificate of Recognition from the City of Beverly Hills Mayor and City Council, and the County of Los Angeles by the Board of Supervisors of the County of Los Angeles and City of Los Angeles Certificate of Recognition signed by the Mayor of Los Angeles Eric Garcetti for his participation and contributions to the Multicultural Motion Picture Association (MMPA). On 7-23-2014, Esteban Steven Escobar’s publication Diversity News Magazine by Steven Escobar was nominated for The 2014 LGBT Hero Awards as Online Magazine of the Year 2014. Also on November 22, 2014 Steven Escobar received a Certificate of Appreciation for his publication Diversity News Magazine from the City of Los Angeles Mayor Eric Garcetti for the contribution and help to the 26th Annual Miss Asia USA and Mrs. Asia USA Cultural Pageants held at Redondo Beach Performing Arts Center in Redondo Beach, CA. On January 20, 2015, Steven Escobar @DiversityNewsEE received a 2015 Nomination for Shorty Award in #category as Blogger even though he do not consider himself a blogger. On June 2015 Steven Escobar received Certificate of Appreciation to him and Diversity News Magazine as well Diversity News Publications for over a decade of contribution to Southern California especially the City of Los Angeles from Tom LaBonge, Councilmember, 4th District and Herb J. Wesson, Jr., President, L.A. City Council. On May 10, 2015, Steven Escobar received a trophy from Samira’s TV Show for Excellence in Journalism. On 6-4-2016, Steven Escobar was selected to be one of the distinguish and celebrity judges for Miss/Mrs Perfect Lady USA 2016. Steven Escobar founded on April 2016, via Diversity News Productions Diversity Pageants in response to the controversy of no Diversity and Inclusive included in many entertainment award shows, television roles, modeling, media, government roles, movies roles and music, etc. Steven Escobar is the founder, CEO, President & Executive Producer of Diversity Pageants at Diversity News Productions. On November 5, 2016, Steven Escobar from Diversity News Productions received a congratulations letter and Recognition Certificates from the City of West Hollywood Mayor Lauren Meister and Council! Also on November 5, 2016, he received a congratulations letter and Certificate of Recognition from Assemblymember Adrin Nazarian Representing the 46th California Assembly District. Steven Escobar has been in the USA since 1989. He study at Virgil Junior High School, Mary M. Bethune Junior High School and graduated from Ulysses S. Grant High School in 1994. Steven Escobar also attended Los Angeles City College and Los Angeles Trade Tech College to study journalism. Steven Escobar has 2 sisters and 2 half brothers and a mother. Steven Escobar currently resides in Los Angeles County in the city of Hollywood, CA. For more information visit http://www.imdb.me/officialestebanstevenescobar or http://www.stevenescobar.blogspot.com

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