1. The American Press System
Part 2: Restrictions on the Press

2. No one has the right to yell “Fire
No one has the right to yell “Fire!” in a crowded theater, said former Supreme Court Chief Justice Oliver Wendell Holmes.
Certain limitations are necessary to balance free speech with responsible speech

3. Libel A journalist’s greatest fear
Occurs when a published or broadcast statement unjustly exposes someone to hatred, makes the person seem ridiculous, or damages that person’s reputation or earning power
The offending person may sue the writer, speaker, editor, or publisher
Usually involve civil claim and are sometimes settled for millions of dollars
Don’t confuse libel and slander
Slander is a spoken defamation of character; libel is printed or broadcasted

4. What to do? First, call a lawyer Best Defense The accusation is true
If you can prove that the statement is true, then libel does not exist
Second Defense
Privilege; the statement was part of the public record from sessions of public bodies, like Congress, the courts, state legislators, city council, etc.
Third Defense
Fair comment and criticism
Public figures can be criticized as long as the intent to criticize was not malicious

5. School Newspaper
A school newspaper is NOT exempt from libel.

6. Privacy Privacy laws are very similar to libel laws
Newspapers do NOT have the right to invade someone’s privacy
The ONLY defense for printing someone’s name or details about his or her personal life is newsworthiness
If a private individual does something newsworthy, then he or she loses some degree of privacy

7. Obscenity
Freedom of speech and freedom of the press DO protect obscenity, but only to a point
The alleged obscenity has to be judged against “community standards”
It is hard to define, so avoid profanity!

8. Copyright
Using someone’s work without his or her permission is a violation of copyright and can lead to a lawsuit
Do not use the work of others without permission!

9. Incitements to Violence
Newspapers can report violent crimes and events
Cannot encourage readers to act violently