Legal Implications of the Press Laws, Ethics, and Policy Laws, Ethics, and Policy Laws: What we have to do Laws: What we have to do Ethics: Self-discipline, self-regulation, what we should do Ethics: Self-discipline, self-regulation, what we should do Policy: Organizational guidelines and limitation Policy: Organizational guidelines and limitation

Laws: First Amendment “Congress shall make no law… abridging the freedom of speech or of the press…” “Congress shall make no law… abridging the freedom of speech or of the press…” Freedom to write and distribute information without having to get it approved by the government. Freedom to write and distribute information without having to get it approved by the government. Extended to freedom of information because it is necessary to discover the truth in order to print it. Extended to freedom of information because it is necessary to discover the truth in order to print it.

Law: First Amendment Rights apply to school newspapers with two limitations. Rights apply to school newspapers with two limitations. More supervision More supervision Cannot interfere with the ability of the school administrators to run the school Cannot interfere with the ability of the school administrators to run the school School officials can edit your paper and it is not censorship School officials can edit your paper and it is not censorship Cannot cause a disturbance during its distribution Cannot cause a disturbance during its distribution Discuss response to Activity 1, number 1, page 70 Discuss response to Activity 1, number 1, page 70

Reporting the News Responsibly and Ethically Censorship: Inspection and approval of a newspaper or broadcast material by a government or public agency before the material is released to the public. This is unconstitutional. Censorship: Inspection and approval of a newspaper or broadcast material by a government or public agency before the material is released to the public. This is unconstitutional. Self-censorship: A Chicago paper withheld information about a kidnapping so that the police could search without the kidnapper being aware that the police were onto him. Success! Self-censorship: A Chicago paper withheld information about a kidnapping so that the police could search without the kidnapper being aware that the police were onto him. Success!

Protecting National Security Information regarding national security, troop movements, etc. should not be published. Information regarding national security, troop movements, etc. should not be published.

Restrictions on Information Confidential informants Confidential informants First print information as rumor, then investigate further. If you print as fact, you must be prepared to support it, so either find another source, more facts, or be prepared to give up your source. Otherwise, you could end up in jail. First print information as rumor, then investigate further. If you print as fact, you must be prepared to support it, so either find another source, more facts, or be prepared to give up your source. Otherwise, you could end up in jail.

Libel Publication of something false that injures someone’s reputation. Differentiated from slander in that slander is oral. Publication of something false that injures someone’s reputation. Differentiated from slander in that slander is oral. Occurs when a published or broadcast statement unjustly exposes someone to hatred, makes that person seem ridiculous, or damages that person’s reputation or earning power. Occurs when a published or broadcast statement unjustly exposes someone to hatred, makes that person seem ridiculous, or damages that person’s reputation or earning power.

Libel (continued) Must handle news carefully. Do not say “John Doe murdered his wife.” Instead say, “Police have charged John Doe with the murder of his wife.” Must handle news carefully. Do not say “John Doe murdered his wife.” Instead say, “Police have charged John Doe with the murder of his wife.” Be careful with letters to the editor. Be careful with letters to the editor.

Proving Libel Defamation – spreading false reports that are injurious to the person Defamation – spreading false reports that are injurious to the person Identification – person suing must prove that their identity was revealed by the paper Identification – person suing must prove that their identity was revealed by the paper Publication – the publication must be shared with a third party Publication – the publication must be shared with a third party

Fault Negligence – reasonable care was not taken to ascertain the facts (private citizen) Negligence – reasonable care was not taken to ascertain the facts (private citizen) Actual malice or reckless disregard – When a reporter knowingly prints false information about a public official or figure Actual malice or reckless disregard – When a reporter knowingly prints false information about a public official or figure Damages in a libel suit can be compensatory and punitive Damages in a libel suit can be compensatory and punitive

Libel Defenses Truth: Must be able to prove that you wrote the truth. Truth: Must be able to prove that you wrote the truth. Privilege: Accurately reported public records. Privilege: Accurately reported public records. Fair Comment and Opinion: People in public life may be criticized as long as it is not done maliciously. Fair Comment and Opinion: People in public life may be criticized as long as it is not done maliciously. (Activity 2, number 1, page 57)

Right of Privacy: Problem Areas Intrusion: When gathering news, do not trespass, use a camera or tape recorder without permission, or misrepresent yourself. Intrusion: When gathering news, do not trespass, use a camera or tape recorder without permission, or misrepresent yourself. Public Disclosure: When sharing private information, get consent! Public Disclosure: When sharing private information, get consent! False Light: Portraying someone inaccurately (using a picture of students eating lunch in connection with a story about a food fight) False Light: Portraying someone inaccurately (using a picture of students eating lunch in connection with a story about a food fight) Appropriation: Exploits someone’s name or image without the person’s permission Appropriation: Exploits someone’s name or image without the person’s permission

Right of Privacy: Guidelines When someone enters the public life by doing something newsworthy, information about the action may be reported, but not about the person’s personal life. When someone enters the public life by doing something newsworthy, information about the action may be reported, but not about the person’s personal life. Do not use a person’s name in a fictional situation Do not use a person’s name in a fictional situation You cannot print an unrelated picture You cannot print an unrelated picture Cannot use a person to advertise without their consent. Cannot use a person to advertise without their consent. (Activity 2, number 3, page 57)

Obscenity Not protected by the First Amendment Not protected by the First Amendment Most states specifically prohibit vulgarity and profane language in schools – supported by courts Most states specifically prohibit vulgarity and profane language in schools – supported by courts Guidelines unclear… Avoid it! Guidelines unclear… Avoid it!

Copyrights Do not reprint other material in your paper. Do not reprint other material in your paper.

Incitements to Violence It is illegal to print something that would incite people to violence. Be careful of this in editorials or other opinion articles. It is illegal to print something that would incite people to violence. Be careful of this in editorials or other opinion articles. You can report on incidents of violence, just make sure you don’t cause more! You can report on incidents of violence, just make sure you don’t cause more!

Nonfactual Content of Newspaper Fact and Opinion Fact and Opinion Most newspaper readers want and welcome opinion when its relevant source is identified. Most newspaper readers want and welcome opinion when its relevant source is identified. Opinion is not welcome when it comes from the author – unless written as an editorial Opinion is not welcome when it comes from the author – unless written as an editorial Make sure the difference between fact and opinion is clear! Make sure the difference between fact and opinion is clear! Fact: actual event or situation Fact: actual event or situation Opinion: what someone thinks, believes, or wishes. Opinion: what someone thinks, believes, or wishes. (Activity 3, numbers 1 and 3, page 60)

More Nonfactual Content of Newspaper Slanted News: News that is biased in some way. Do not do it! Slanted News: News that is biased in some way. Do not do it! Propaganda: Organized, widespread attempt to influence others thinking or behavior. Will be in papers as advertisements, but should not be in news stories. Propaganda: Organized, widespread attempt to influence others thinking or behavior. Will be in papers as advertisements, but should not be in news stories. (Activity 5, numbers 1 and 2, page 63)

Source of Information Determine whether or not the source is reliable and knowledgeable. Determine whether or not the source is reliable and knowledgeable. Make sure the source is informed. Make sure the source is informed. Make sure he or she is not biased. Make sure he or she is not biased.

Ethics – Three Main Principles Seek the truth and report it as fully as possible. Seek the truth and report it as fully as possible. Act independently Act independently Minimize harm Minimize harm (Practice situations – new book pages )

Ethics – Problem Areas Fairness: give both sides of the story equal attention Fairness: give both sides of the story equal attention Photojournalism: be careful what pictures you share and what they say about the people in them. Photojournalism: be careful what pictures you share and what they say about the people in them.

Ethics – Satisfying Both Advertisers and Readers Advertising pays for most publishing costs, and they could take their business elsewhere if the content of the paper displeases them. Advertising pays for most publishing costs, and they could take their business elsewhere if the content of the paper displeases them. Readers want sensational news Readers want sensational news Editors want to publish truth Editors want to publish truth Need to balance the three Need to balance the three

Policies Newspaper guidelines Newspaper guidelines Landmark cases Landmark cases (Handout copies of pages in the new book)

Student Publications - Goals Meeting Community Expectations Meeting Community Expectations How much emphasis does the school place on education? How much emphasis does the school place on education? Are students engaged? Are students engaged? What about activities? What about activities? Community interactions? Community interactions? What do young people think about? What do young people think about? How are they going to deal with the challenges facing them? How are they going to deal with the challenges facing them?

Student Publications - Goals Improving relations between students and community: report positive examples of things going on at school to console taxpayers. Improving relations between students and community: report positive examples of things going on at school to console taxpayers. Providing a forum for student opinions: give students a chance to express themselves Providing a forum for student opinions: give students a chance to express themselves Developing broad guidelines: editorial policy – statement of purpose, responsibility, and guidelines Developing broad guidelines: editorial policy – statement of purpose, responsibility, and guidelines

Student Publications - Publishing Establishing the content of your pages and what kinds of stories you will publish. Establishing the content of your pages and what kinds of stories you will publish. Basic News: academic news, school activities, student government, faculty, alumni, club news, entertainment news, sports news, local, national or international news Basic News: academic news, school activities, student government, faculty, alumni, club news, entertainment news, sports news, local, national or international news Feature stories: common interest, personality sketches Feature stories: common interest, personality sketches

Student Publications - Publishing Content of pages (cont.) Content of pages (cont.) Opinion Articles: editorials, commentary, columns, reviews Opinion Articles: editorials, commentary, columns, reviews Non-news Items: puzzles, comics Non-news Items: puzzles, comics Advertisements: display ads, classified or want ads Advertisements: display ads, classified or want ads Setting up your staff Planning production procedures