ETHICS AND LEGALITIESJOURNALISM

JOBS OF JOURNALISTS

• POLITICAL FUNCTION – WATCHDOG OF THE GOVERNMENT• ECONOMIC FUNCTION – BUSINESS, FARMING, INDUSTRIAL• SENTRY FUNCTION – POINTING OUT SOCIAL PROBLEMS• RECORD KEEPING FUNCTION – IMPORTANT NEWS• ENTERTAINMENT FUNCTION – DIVERSION• SOCIAL FUNCTION – GETS PEOPLE TALKING TO ONE ANOTHER• MARKETPLACE FUNCTION – PLACE FOR EXCHANGING IDEAS• AGENDA SETTING FUNCTION – WHAT THE PUBLIC SHOULD BE TALKING ABOUT

FIRST AMENDMENT• GUARANTEES FREEDOM

OF:• RELIGION• SPEECH• PRESS• ASSEMBLY• PETITION

• DOES NOT GUARANTEE FREEDOM OF:• DEFAMATION• INVASION OF PRIVACY• ADS FOR ILLEGAL

PRODUCTS• OBSCENITY• COPYRIGHT INFRINGEMENT• SECURITY ISSUES• DISRUPTION OF SCHOOL

ACTIVITIES

OBSCENITY

• REPRESENTATION OF SEXUAL ACTS, NORMAL OR PERVERTED, ACTUAL OR FAKE

• HARD TO DEFINE BECAUSE OF DIFFERENT COMMUNITY STANDARDS• OBSCENE IS NOT THE SAME AS INDECENT.

• CUSS WORDS ARE INDECENT.

LIBEL

• WRITTEN STATEMENT THAT IS FALSE AND HARMS A PERSON’S REPUTATION OR BUSINESS

STARTING LAWLESS ACTION

• FOR EXAMPLE, SHOUTING FIRE IN A CROWDED THEATER.• WHY IS THIS WRONG?• WHAT ARE SOME SITUATIONS WHERE THIS MIGHT APPLY IN A SCHOOL?

FIGHTING WORDS

• ABUSIVE LANGUAGE PROVOKING SOMEONE TO VIOLENCE• “COME ON, HIT ME!” IS THE SAME AS THROWING THE FIRST PUNCH. SO ARE

INSULTS.

INVASION OF PRIVACY

• INTRUDING ON A PERSON’S PRIVATE LIFE• PAINTING A FALSE PICTURE• USING SOMEONE’S PHOTO IN AN AD TO SELL SOMETHING

DECEPTIVE ADS

• PURPOSELY MISLEADING PEOPLE• MAKING PROMISES YOU CAN’T DELIVER• IN SCHOOL – ADS FOR SOMETHING ILLEGAL FOR MINORS

THREAT TO NATIONAL SECURITY

• SPEECH OR PRESS THAT WOULD MAKE TROOPS JOBS HARDER OR WOULD REVEAL THE LOCATION OF SECRET AGENTS

• IN TIMES OF WAR, THIS LAW GETS STRICTER.

COPYRIGHT VIOLATIONS

• USING ANOTHER PERSON’S WORK AS YOUR OWN• COPYRIGHT IS A HUGE PROBLEM WITH THE INTERNET• YOU MUST CITE SOURCES

SCHOOL GROUND DISRUPTION

• ANY EXPRESSION THAT CAN CAUSE A DISRUPTION TO THE LEARNING PROCESS

• SCHOOL’S JOB IS TO EDUCATE STUDENTS. ALL OTHER FREEDOMS FAIL IN COMPARISON

HAZELWOOD SCHOOL DISTRICT VS. KUHLMEIER

• PRINCIPAL OF THE SCHOOL “CENSORED FROM THE STUDENT NEWSPAPER A SPECIAL TEEN ISSUE SECTION THAT INCLUDED ARTICLES ON TEEN PREGNANCY AND IMPACT OF DIVORCE ON STUDENTS THAT HE FOUND OBJECTIONABLE.”

• ARTICLE INCLUDED SEXUAL HISTORIES OF THE GIRLS INVOLVED. THE INFORMATION WAS NOT GRAPHIC, BUT WAS STILL INAPPROPRIATE FOR YOUNG READERS.

• INFORMATION WAS REMOVED FROM THE ARTICLE AND A STUDENT STAFF MEMBER SUED.

• RULING WAS THAT SCHOOLS MUST WORK TO PROTECT RIGHTS OF STUDENTS. SCHOOL PRESS IS NOT ALLOWED TO PUBLISH INAPPROPRIATE ARTICLES.

SHIELD LAW

• DESIGNED TO PROTECT REPORTERS’ PRIVILEGE• REPORTERS CAN REFUSE TO TESTIFY ABOUT INFORMATION AND/OR

SOURCES OBTAINED DURING AN INTERVIEW OR NEWS GATHERING OR PUBLISHING PROCESS

NEW YORK TIMES VS. UNITED STATES

• IN 1971, DURING THE VIETNAM WAR, NYT OBTAINED A COPY OF AN INTERNAL DEFENSE REPORT DISCUSSING THE WAR. THE DOCUMENTS BECAME KNOWN AS THE PENTAGON PAPERS.

• THE US GOVERNMENT ISSUED AN INJUNCTION NOT ALLOWING THE NYT TO PUBLISH ANYTHING ABOUT THE DOCUMENTS BASED ON NATIONAL SECURITY ISSUES.

• NYT SUED SAYING THAT IT VIOLATED THE FIRST AMENDMENT.• SUPREME COURT DECIDED IN FAVOR OF NYT

IMPORTANT VOCAB

• ETHICS – SYSTEM OF MORAL PRINCIPLES• PLAGIARISM – TAKING AND USING ANOTHER’S WRITINGS OR INVENTIONS AS YOUR OWN• LIBEL – WRITTEN DEFAMATION OF CHARACTER, FALSE STATEMENTS THAT APPEAR IN WRITING• SLANDER – SPOKEN FALSE STATEMENTS• PRIOR RESTRAINT – CENSORSHIP BANNING PUBLICATION OF CERTAIN MATERIAL• CREDIBILITY – MUST BE ABLE TO BE BELIEVED AND TRUSTED• ACCURACY – CLOSE DOESN’T COUNT. NAMES, DATES, DETAILS MUST BE CORRECT• OBJECTIVITY – CANNOT PERMIT THEIR OWN OPINIONS TO BE PART OF THE STORY