LAW AND ETHICS IN JOURNALISM FIRST AMENDMENT Congress

LAW AND ETHICS IN JOURNALISM

FIRST AMENDMENT • 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

FIRST AMENDMENT • FORBIDS CONGRESS FROM INTERFERING WITH A CITIZEN’S FREEDOM OF RELIGION, SPEECH, PRESS, ASSEMBLY , OR PETITION • DOES NOT PROTECT WORDS OF RACIAL HATRED, FIGHTING WORDS, LIBEL, INVASION OF PRIVACY, OR OBSCENITY

Concerns for the Journalist • Journalists must be careful as they gather and report the news • The First Amendment does not give carte blanche to the journalist • Careful reporting will held you avoid legal repercussions

DEFAMATION • Damage to someone’s: • Character • Reputation • Profession • Business • Integrity

LIBEL – WRITTEN DEFAMATION WORDS, PICTURES, OR CARTOONS that are FALSE and expose the subject to: • Public Hatred • Shame • Disgrace • Ridicule

LIBEL – AN EXAMPLE • A yearbook class does a spread on “easy” or “blow off” courses. • Avoid statements such as, “Mrs. Jones’ basketweaving elective is so easy and she gives all A’s anyway” • If the last part of the statement is not verified, it could reflect on Mrs. Jones’ professional abilities • On the other hand, “I like basketweaving because it is so easy” is an obviously an opinion.

LIBEL • Note: You cannot libel the dead, but most states allow lawsuits to continue if the victim dies during trial. • Some states allow groups to sue for libel, some do not

LIBEL – A HISTORICAL PERSPECTIVE • JOHN PETER ZENGER, a colonial publisher, was arrested for printing stories critical of Governor Crosby. • During colonial times, criticizing the British Crown was considered SEDITIOUS LIBEL • SEDITION – to stir rebellion

LIBEL – A HISTORICAL PERSPECTIVE • Zenger was defended by Andrew Hamilton, one of the greatest legal minds of the time. • Hamilton admitted Zenger’s guilt but pleaded to the jury that they acquit him because he printed the TRUTH • Zenger was acquitted and TRUTH was established as a defense for libel • TRUTH is the ABSOLUTE DEFENSE for libel

PRECEDENT • PRIOR CASES with SIMILAR CIRCUMSTANCES that help the court decide the current case • PRECEDENTS become the LAW • Zenger’s case set a precedent in establishing TRUTH as a defense

LIBEL PER SE • WORDS THAT NEED NO EXPLANATION IN ORDER TO DETERMINE THEIR DEFAMATORY EFFECT • CALLING A DOCTOR A QUACK, A LAWYER A SHYSTER, A WOMAN A • ACCUSING SOMEONE OF COMMITTING A CRIME

LIBEL PER QUOD • Example: A marriage announcement. Not libelous UNTIL it is discovered that the groom is already married. • Example: Announcement of lottery winners. Not libelous UNTIL it is discovered that one of the winners is a minister of a church that takes a hard stand on gambling, the lottery included.

LIBEL PER QUOD • EXAMPLE: A PHOTOGRAPH OF SOMEONE WALKING IN FRONT OF AN ADULT BOOKSTORE MIGHT NOT BE LIBELOUS, BUT IF THAT MAN HAPPENS TO BE A KINDERGARTEN TEACHER, IT COULD BE DAMAGING TO HIS REPUTATION, EXPECIALLY IF HE JUST HAPPENED TO BE CROSSING THE STREET IN FRONT OF THE STORE.

CRITERIA FOR LIBEL • P – Published • This means it is seen by a third party • Writer/Party #1 • Subject/Party #2 • Reader/Party #3 Note: Personal notes are published when shown to a third person • H – Harm • Someone must prove that their reputation, business, social status, etc. was damaged

CRITERIA FOR LIBEL • I – IDENTIFICATION • The individual must be identified • Does not have to be named Example: Blue-eyed blonde in apt. #3 B Journalism teacher at Stone Bridge • F – False • Information must be false

SLANDER – SPOKEN DEFAMATION • SPOKEN WORDS that damage the subject’s character.

PRIVATE INDIVIDUALS VS. PUBLIC • PRIVATE INDIVIDUAL • Most of use are private individuals, BUT we become more and more public as we leave our house • PRIVATE INDIVIDUALS need only prove PHIF plus NEGLIGENCE on the part of the reporter

PUBLIC OFFICIAL • PUBLIC OFFICIAL – Those among the hierarchy of government who have or appear to have substantial responsibility over the conduct of government affairs • Town Council, Mayors, Principals, even Student Council officers – in situations dealing with their areas of responsibility

PUBLIC FIGURES • Those who have gained general fame or notoriety in the community, and persuasive involvement in the affairs of society. • Those who have thrust themselves to the forefront of particular issues in order to influence the outcome • One can be “public” in some areas of their lives and private in others.

PUBLIC FIGURES AND PUBLIC OFFICIALS • Must prove ACTUAL MALICE in a libel suit • ACTUAL MALICE means knowledge that the information was false or reckless disregard as to whether it was false or not.

NEW YORK TIMES VS. SULLIVAN • NEW YORK TIMES VS. SULLIVAN is a PRECEDENT • United States Supreme Court cases which established ACTUAL MALICE as a prerequisite as for a libel case brought by a public figure or official • HIGH BURDEN OF PROOF ON PLAINTIFF

NEW YORK TIMES VS. SULLIVAN Decided together with Abernathy v. Sullivan, this case concerns a full-page ad in the New York Times which alleged that the arrest of the Rev. Martin Luther King, Jr. for perjury in Alabama was part of a campaign to destroy King's efforts to integrate public facilities and encourage blacks to vote. L. B. Sullivan, the Montgomery city commissioner, filed a libel action against the newspaper and four black ministers who were listed as endorsers of the ad, claiming that the allegations against the Montgomery police defamed him personally. Under Alabama law, Sullivan did not have to prove that he had been harmed; and a defense claiming that the ad was truthful was unavailable since the ad contained factual errors. Sullivan won a $500, 000 judgment.

NEW YORK TIMES VS. SULLIVAN Question Did Alabama's libel law, by not requiring Sullivan to prove that an advertisement personally harmed him and dismissing the same as untruthful due to factual errors, unconstitutionally infringe on the First Amendment's freedom of speech and freedom of press protections?

NEW YORK TIMES VS. SULLIVAN Conclusion The Court held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity). Under this new standard, Sullivan's case collapsed.

LIBEL CASES INVOLVING PUBLIC FIGURES • Carol Burnett (won) • Tom Selleck (won) • Jerry Falwell -- minister (lost because he was suing Penthouse magazine for a parody – parodies and satires, not matter how scathing and upsetting, are protected by the First Amendment

DEFENSES AGAINST LIBEL • TRUTH – If the story is true, there is no basis for a lawsuit unless Invasion of Privacy can be proven • PRIVILEGE – reporting what is said in official legislative or judicial sessions is protected provided the account is accurate and fair.

DEFENSES AGAINST LIBEL • OPINION – Opinion expressed while reviewing books, records, theatrical events, movies, etc. are protected. You may express a negative opinion BUT the facts you state must be true. • ADMISSION OF ERROR – A prompt correction of a published article that has been shown to be false is a legal and ethical responsibility. It may help if the writer is taken to court in a libel case.

RESPONSIBLE PARTIES • WRITER • PUBLISHER • EDITOR • STUDENT WRITER • NEWSPAPER ADVISER/TEACHER • PRINCIPAL • SCHOOL BOARD

INVASION OF PRIVACY • The Supreme Court has ruled that citizens have a right to expect a certain amount of privacy

INVASION OF PRIVACY CATEGORIES OF INVASION OF PRIVACY • MISAPPROPRIATION OF NAME OR LIKENESS – Using someone’s photo or attributing a statement to someone without their permission. Advertisers cannot use an actor’s likeness without their permission; testimonials must have permission. Some states include voices in this category • Exception: Campaign Ads

INVASION OF PRIVACY • PUBLIC DISCLOSURE OF PRIVATE FACTS • Publicity which the reasonable person would consider highly offensive concerning private information about the plaintiff. • Information must not be a legitimate concern to the public

INVASION OF PRIVACY INTRUSION UP SECLUSION • TRESPASSING • SURVEILLANCE • ENTERING A PRIVATE RESIDENCE • OBTAINING INFORMATION UNDER FALSE PRETENSES

INVASION OF PRIVACY Putting Someone in a False Light • Making someone appear to the public in an objectionable way that does not accurately reflect that person’s character. • EXAMPLE: Using an honest cab driver’s photo to accompany a story about dishonest cab drivers.

DEFENSES OF INVASION OF PRIVACY • NEWSWORTHINESS can be a defense for invasion of privacy.

OTHER POINTS • NAMES OF MINORS can be printed as long as they are lawfully obtained, BUT most newspapers don’t print the names of minors involved in criminal offenses. • Most newspapers DO NOT print the names of rape victims.

DAMAGES • LIBEL cases are civil suits which means the plaintiff (libeled party) brings a suit against the writer, publisher, editor etc. for published material. • DAMAGES are sought by the plaintiff and can be awarded by the judge or jury if the defendant is found guilty.

DAMAGES • COMPENSATORY • Designed to reimburse the plaintiff for financial expenses or losses sustained as a result of the publication of libelous material. • Medical Bills • Loss of Salary • Loss of Business • Moving Expenses

DAMAGES • PUNITIVE • DAMAGES awarded to the plaintiff designed to PUNISH the guilty party. Often, punitive damages outweight the compensatory damages when a jury gets angry at the guilty part. • Serve as an example to deter others.

COPYRIGHT • The right of authors to control the reproduction and use of their creative expressions. • Note: Ideas and facts cannot be copyrighted.

COPYRIGHT • Your material is copyrighted when you display the following: • C with a circle OR the word “copyright” • Year of Publication • The name of the own or an easily recognized abbreviation.

COPYRIGHT • Copyright protection begins immediately upon publication and lasts for the author’s life PLUS 70 years. • Registration establishes a public record and must be done before a lawsuit may be filed.

OBSCENITY • More than just polite words. Refers to material that offends local community standards and lacks any artistic purpose. • Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. • All fifty states have laws to control obscenity. The state of Virginia, for example, defines obscenity as:

OBSCENITY • ". . . that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political or scientific value. "

CENSORSHIP • REMOVAL or PROHIBITION of material by an authority, usually a government. • High school newspapers often face censorship by principals, school board and other administration.

PRIOR REVIEW • The review of a proof of a newspaper by an official before it goes to press • Many high school newspapers must be reviewed by the principal before publication • Stone Bridge DOES NOT have prior review BUT Mr. Person expects open communication about potentially controversial material.

ETHICS • A SYSTEM OF MORAL PRINCIPALS • Review Journalist’s Code of Ethics

Off-the-Record • Comments made to a reporter as background information and not for publication. • Off-the-Record comments can be used to help a reporter gain access to information that CAN be used in the story, BUT the information actually obtained from the subject CANNOT be used.

CONFIDENTIALITY • The assurance of secrecy for restricted information. • EXAMPLE: Connie Chung promised Mrs. Gingrich confidentiality when she solicited comments about Hillary Clinton.

CASES AFFECTING SCHOLASTIC JOURNALISM • TINKER VS. DES MOINES • BETHEL SCHOOL DISTRICT VS. FRASER • HAZELWOOD VS. KUHLMEIER