Journalism
Tuesday, September 1Thursday, September 3
PROJECTS DUE Tuesday, September 8Used with permission from Jeff Fleischman, RVHS
Learning Targets
• Students will be able to understand the five paramount freedoms provided by the First Amendment of the US Constitution
• Students will determine the significance of various individuals, institutions, and inventions that have shaped the history of media
Daily Agenda
• Vocabulary: libel, liable, laws, ethics
• TUESDAY: First Amendment- What is it? Why does it matter?
• THURSDAY: Journalism History Through Your Eyes- Pair up, Select Topics, Get to Work- ST111
First Amendment
• A Brief History of the First Amendment (http://content.time.com/time/video/player/0,32068,1027382448001_2080291,00.html)
The Constitution
• Article I: Congress shall make no law 1) respecting an establishment of religion or prohibiting the free expression thereof…
Article I (Cont.)
• OR ABRIDGING THE 2) FREEDOM OF SPEECH, 3) OR OF THE PRESS;• 4) Or the right of the people to
peaceably assemble, and 5) to petition the government for a redress of grievances
What does this mean?
• Does this law establish principles that allow for any writer to write anything about anybody?
Restricted Speech
•1) Libel/Defamation – a false or misinformed statement that damages an individuals reputation. (False statements as fact)•2) Obscenity – material that appeals
only to the prurient interests and has not redeeming literary, artistic, political or scientific value
Restricted Speech
• 3) Child Pornography• 4) Clear and present danger to the
national security of the U.S. (Threats)• 5) Expression likely to incite
imminent lawless action (a riot, for example) (Incitement)
Restircted Speech
•6) “Fighting Words” – a bit of an open-ended statement that has been left to a lot of interpretation•7) Copyright Violations – for works
copyrighted today, copyright protection lasts 50 years
Restricted Speech
•8) Deceptive or misleading advertisements or those for illegal products or services•9) Expression on school grounds that
will cause a material and substantial disruption of school activities
Libel Law
• What is Libel?• Libel is a false statement, written or
broadcast, which damages someone’s reputation.
Types of Libel
• What are the TWO types of Libel?• 1) “per se” – material that is libelous
on its face• 2) “per quod” – libel depends on the
circumstances. The libel is not obvious on its face
Per se libel
• Written words that outright defame someone’s reputation.• The statement has to be untrue in order for the plaintiff to
win a libel per se case.• If a newspaper prints that a local businessman murdered his
wife and the elements required to prove a libel case are met, then the plaintiff would be awarded damages.
• No matter how awful the statement is, the plaintiff often has to prove that the statement resulted in actual harm to his reputation.
Per quod libel
• Means that a written and public statement lead to injury to reputation based on the context of the statement and how readers might interpret it.
• The plaintiff has to claim special damages and show facts additional to what is often required in a libel lawsuit. The reason is that libel per quod in libel law is often more subjective than libel per se, which is straightforward.
Per quod example
• An example of libel per quod is when a newspaper publishes a birth announcement claiming that Sandra Williams on Main Street is the proud mother, but Sandra is a 16-year-old and a devout Christian.
• The paper really meant to write about another Sandra who lives on Second Street.
• The error is libel per quod because Sandra is a minor, and the announcement may suggest that she is promiscuous and not a devout Christian after all.
Is Libel A Crime?
• NO – Most libel cases are tried in civil court, not criminal court• In a civil action, a plaintiff sues a
defendant. He sues for damages.• There are THREE kinds of DAMAGES:
Types of Damages
• 1) Compensatory – pay for the loss of reputation• 2) Actual – pay for any actual
financial loss• 3) Punitive – punishment. Juries can
assess punitive damages of millions of dollars
Damaging a Reputation
• How can a newspaper or other media outlet damage a reputation?
• 1) subject someone to ridicule• 2) cause someone to be shunned or
avoided• 3) damage someone in his business or
profession
Liability in Libel
• Libel refers to liability, legal responsibility.• In other words, we are asking who is
legally responsible for libel.• Those legally responsible would have
to pay the damages.
Has Libel Occurred?
• There is a THREE-PART test. All conditions must be present.• 1) Identification – the person claiming
libel must show that he was identified by the statement• 2) Publication – the statement must be
communicated to someone other than the person it is about
The Final Condition
• 3) Defamation – The statement must actually harm the person’s reputation in the eyes of the community.
Libel Defenses
•1) Truth – Must be provable and with good motives•2) Qualified Privilege – allows news
media to publish fair and accurate accounts of proceedings without fear of being sued. Sources must be ID’d.
More Libel Defenses
• 3) Fair comment and criticism – allows for critical opinion (editorial writing)• 4) Absence of Malice – Applies of
public figures and public officials
More Absence of Malice
•Public figures must prove that the publication demonstrated a “reckless disregard for the truth”•Public officials must prove that the
material was published even thought the publication knew the material was false
What is Malice?
• Malice is the intent to harm.• There are TWO degrees of Malice:1) Reckless disregard for the truth.2) Knowledge that the material was
false. This degree is also called Actual Malice
School Censorship
• There are TWO landmark U.S. Supreme Court decisions that have dictated the amount of censorship allowed by school administrators and district personnel.
Case No. 1
•Tinker v. Des Moines Independent School District, circa 1969•RULING: neither students nor
teachers “shed their constitutional rights to freedom of the speech or expression at the school house gate”
What does that mean?
• With the decision in Tinker v. Des Moines, students were granted the same freedom of speech permitted to any other reporter, professional or otherwise.• Basically, the school had no power to
censor student publications
Case No. 2
• Hazelwood School District v. Kuhlmeier, circa 1988• RULING: Censorship of school
publications is permissible when the censorship is related to legitimate educational concerns.
What does this mean?
• With the decision in Hazelwood v. Kuhlmeier, 1988, school districts and administrators were given back some censorship powers.• Basically, if material in the school
publication is deemed inappropriate, for whatever reason, adminstration has the right to censor.
How does this look at DRHS?
• 1) Student staffers of The Ridge Review must have their stories cleared by the adviser.• 2) Upon clearance, if any of these
stories seem to “push the envelope”, adviser clears with principal.• http://chspaonline.org/first-amendment
/state-law/