Law & EthicsThe 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. 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

LibelInvasion of privacyObscenity standards

LAWSare what we HAVE TO do.Three areas of law: libel, invasion of privacy, obscenity.

ETHICSare what we SHOULD do.

POLICYis what the publication decides it will ethically do.

The First Amendmentof 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

LibelLibel: 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.

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 behaviorAttacking someone’s ethicsAccusing someone of being a spy or

traitor, or something generally disapproved of by society, such as the KKK

Accusing someone of immoral conductSuggesting 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

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,

Three Main Defensesfor 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

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 supervisionPurpose is to teach skills or knowledgeUses 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.