The Rights and Responsibilities of the Journalist Law & Ethics The Rights and Responsibilities of the Journalist

Media Law & Ethics What are the five freedoms guaranteed by First Amendment? How does the First Amendment relate to high school journalism? What are the ethical standards in professional journalism? What are the landmark legal cases for high school journalism?

“… were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter.” -- Thomas Jefferson, 1787

Think: Does freedom of the press exist today? Yes-in the United States, there is-mostly. Despite the guaranteed freedom of the First Amendment, restrictions on the press do exisit. This country has certain laws that allow journalists to be sued-brought into court, tried and slapped with a fine if convicted. Who sues journalists? People who feel damaged in print or broadcast are specially likely to bring lawsuits. Of the laws that effect journalists, libel seems to be applied most often, but invasion of privacy laws also permit journalists to be sued.

Yes. Mostly… But restrictions on the press do exist. Journalists can be brought to court, tried and fined if convicted.

So who sues journalists? People who feel damaged in print or broadcast.

Why? Journalists most often are sued for violating laws applying to Libel Invasion of privacy Obscenity standards

LAWS are what we HAVE TO do LAWS are what we HAVE TO do. Three areas of law: libel, invasion of privacy, obscenity. ETHICS are what we SHOULD do.

POLICY is what the publication decides it will ethically do.

The First Amendment of the United States Constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. — The First Amendment to the U.S. Constitution

Libel Libel: a false statement that injures someone’s reputation. Libel is published defamation. That includes electronic and print media. Slander: Traditionally slander is spoken libel. Nowadays, with all the new ways to “speak” or “publish,” slander and libel have essentially come to mean same thing.

But what if the damaging statement is TRUE? Libel But what if the damaging statement is TRUE?

Libel Then it’s not libelous.

Libel, BTW You can’t go to jail for libel. Libel is a civil offense (not a criminal one). If you are found guilty, you will be required to pay a damages. Well… and you may lose your job. Libel damages have gone as high as $20 million in recent history! Journalists must be familiar with the libel laws in their state.

How is libel proved? The odds in a libel suit favor the publication because the plantiff (the one who claims libel) has the burden of proof. To sue for libel and win- the plantiff has to demonstrate a convincing combination of the following FIVE points :Fault, Defamation, Identification, Publication, and Damages.

Defamation Anything spoken, written or pictured that could damage a person’s reputation. It depends on the belief that the plaintiff has been damaged in the eyes of society by untruthful remarks..

Potentially libelous… Accusing someone of criminal behavior Attacking someone’s ethics Accusing someone of being a spy or traitor, or something generally disapproved of by society, such as the KKK Accusing someone of immoral conduct Suggesting occupational incompetence

But, you say, there are a lot of stories in the press about bad behavior and crimes TRUE… when information appears in the press about these things, it occurs because a goverment official, such as the police, have provided the information. Journalists have privilege- the right to report fully, fairly and accurately on the contents of official government records. Sources of such information are vital in protecting the staff from a lawsuit.

Fault A plaintiff must prove that the publication or broadcast station was at fault in one of two ways: negligence or actual malice.

Negligence A private figure only has to prove the reporter did a sloppy job of checking facts. A high school journalist has plenty of time to check sources and verify facts as a result would have no defense against negligence. Rule: The more likely the remarks are hurtful, the more the reporter should check them out.

Actual Malice or Reckless Disregard A public figure has to prove that the reporter KNEW the information was false but went ahead and published it anyway. The contest with the press is more equal, hence it is harder to sue.

Identification Who can’t claim libel? The plaintiff must show this that he or she is clearly the person that the publication is “saying bad things” about…easy when the name is used, but what about a “cheerleader” or the “physics teacher”…a name isn’t always required if readers can identify the person. Who can’t claim libel? Large groups of more than 25, but small groups can. Someone who is dead cannot be libeled. A government body cannot sue…but members may bring a libel suit.

Publication The defamatory material must be shared with a third party, or have publication. A private letter that defames the addressee isn’t libelous. Generally, the damages, or monetary awards given in libel suits, hinge on the size of the audience who would read or hear the material.

The Bottom Line:

Ducks in a Row: Check your sources. Edit carefully. Save all your notes -- keep them organized. Don’t allow “off the record” interviews. Keep a log of what you have done and who you talked to! Always seek comment, reaction, rebuttal, Check your sources- beware the one source story. Edit carefully- have faculty check it, have a lawyer read it.

Three Main Defenses for the Journalist Truth-it sounds obvious, but the truth is sometimes hard to prove. How do you prove someone is of questionable character or incompetent? Beware the 1 source story. Privilege- protected if you fully, fairly and accurately quote from a public document. Fair comment/Opinion- clearly labeled as such you are safe

What if it’s a simple mistake? The newspaper can print a retraction, a statement that corrects the mistake.

Think: What do we do if the newspaper only comes out weekly, or in our case, monthly?

Some more terms… Privilege: media are privileged to print FAIR and ACCURATE reports of court proceedings, meetings, etc. Fair Comment: if clearly labeled as opinion, it is protected from libel. This includes movie reviews, restaurant reviews.

Invasion of Privacy Intrusion -- if you misrepresent yourself, trespass or surreptitiously use a camera to get the information. Bad idea! Public Disclosure -- involving printing something that is accurate, but considered private

Invasion of Privacy False Light -- portraying someone inaccurately to the point that he or she is embarrassed Appropriation -- commercially exploiting someone’s name or image.

Obscenity Whether a reasonable person applying community standards: would find that the item appeals to prurient (sexual) interest. Obviously offensive (gross, graphic or sleazy) Lacks literary, artistic, political or scientific value.

Three Ethical Principles Seek the truth and report it as fully as possible. Act independently. Minimize harm.

Careful… Be careful of the difference between facts and opinion. You can say Suzie gave a poor performance, but you cannot say it was because she was out partying all night before the play. K?

Legal Troubles! RARELY do serious problems go so far as court. But when they do, the media lose 70 to 80 percent of the time!

Assignment Research the two cases, Tinker and Hazelwood, with a partner. Create a Powerpoint explaining the two cases in 4-6 slides with two pictures included. Print your Powerpoint with 4-6 slides on one page, include your names. Be ready to present on Wednesday

In Scholastic Journalism Landmark Court Cases In Scholastic Journalism

The Tinker Standard Tinker vs. Des Moines (1969) Mary Beth and Christopher Tinker were disciplined for wearing black arm bands protesting the Vietnam War to school. Court ruled students had the right to express themselves as long as it did not “cause a substantial disruption” in school activities.

The Tinker Case Tinker vs. Des Moines (1969) Established a public forum role: published news, student editorials, letters, and is distributed outside the classroom.

The Tinker Case “A student’s First Amendment rights do not stop at the schoolhouse door.”

The Hazelwood Decision Hazelwood vs. Kuhlmeier (1988) Student editors sued the school administration over the censorship of stories about teen pregnancy and children of divorced parents.

The Hazelwood Decision Hazelwood vs. Kuhlmeier (1988) The Supreme Court determined the school newspaper was NOT a public forum, and so not protected by the Tinker standard.

The Hazelwood Decision A school-sponsored publication allowed school administration the right of prior review and content control.

The Hazelwood Decision A School Sponsored Newspaper: Under faculty supervision Purpose is to teach skills or knowledge Uses the school’s name and resources

Under Hazelwood, censorship: “Must reasonably relate to pedagogical concerns”

Back to the earlier question: So…does freedom of the press exist today?

Wrap-Up Effective journalism requires that you understand the rights AND responsibilities of the press! Now -- go plan for your next assignment. 