Post on 02-Apr-2015
Week 13: Journalism 2001
December 6, 2010
Review of last week’s news
Hard News:(murders, city council, government, etc.)– Major local stories– Major national/international stories– Major sports stories
Soft News:(retirements, school programs, human interest)– Local stories– National/international stories– Sports stories
Words Matter!
Is the other side better?
A student contribution!
Upcoming stories
Feature Story Assignment– Final article due: Next Monday,
December 13 Final eportfolio project: Due
December 17 Final Exam: December 17
– 6 p.m.– Humanities 484
Let’s review:Organizing a feature story
Choose the theme– Do research, organize story around
theme– Each section – beginning, body, end –
revolve around theme– Narrow your theme
Has the story been done before? The audience Holding power Worthiness
Write the lead– Usually avoid summary leads
Tough to summarize feature in opening paragraph
– Lead possibilities endless: Narrative, contrast, staccato, direct address,
etc.– Lead block: two or more paragraphs
Write the body– Vital information while educating,
entertaining and emotionally tying reader to the subject
Provide background information
Use a thread– Can be single person, event or thing
that highlights theme of the story Use transitions
– Transitions hold paragraphs together and helps writers move from one person or area to the next
– Common transition words: meanwhile, therefore, sometimes, also, and, but, meantime, nevertheless, however
Use dialogue– Keeps readers attached to a story’s key players– Helps to introduce sources
Use voice– Subjective expression of writer– Writer’s signature or personal style– More license to reveal opinions, personality
Write the ending– Can trail off, or end with a climax– Often ends where the lead started– End with a quote
Chapter 7: Law
First AmendmentCongress 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
Media rights
– Privileges and protections for journalistic activities.
– Access to government operations and records.
Rights fall into two main categories:
Media rights
– Fair report privilege Allows journalists
to report anything said in official government proceedings.
Must be accurate and fair.
Privilege and protection for sources and stories
– Opinion privilege Protects written
opinions from libel suits.
Distinction between facts and opinion.
Media rights
Allows journalists to criticize performers, politicians and other matters of public interest.
Privilege and protection…– Fair comment
and criticism– Freedom from
newsroom searches
– Shield laws
Reporters and their sources
Shield Laws– Statutory laws to protect reporters from
revealing sources– Each state has different interpretation– What does Minnesota have?
Fair trial vs. free press
Conflict between First Amendment and Sixth Amendment– Sixth amendment: Rights of the accused
to a speedy and public trial by an impartial jury
Why would there be a conflict? Jury Duty
Where to learn more
Minnesota statutes U.S. Supreme Court Federal circuit courts Online legal research
Open courtrooms
The issues Does media
coverage harm trial defendants?
Do cameras turn courtrooms into circuses?
Should press be banned from some trials?
The law U.S. Supreme
Court ruled that criminal trials must remain open to the media except for “overriding interest.”
Open meetings
The issues Should public
officials be allowed to make decisions behind closed doors?
At what point does government secrecy become a threat?
The law Varies by state. Generally, if the
government board or commission receives revenue from taxes, subject to open meeting laws.
Open records
The issues Should all
government records be accessible to the public?
Who decides what is off-limits?
The law 1966 Freedom of
Information Act requires federal agencies to make most of their records available.
Every state has own version of FOIA.
Online resources
– The Reporters Committee for Freedom of the Press (www.rcfp.org)
“How to Use the Federal FOI Act”
“Tapping Officials’ Secrets”
“Can We Tape?”
– Legal Defense Hotline (1-800-336-4235)
– Student Press Law Center (www.splc.org)
“Open records Law Request Letter Generator”
SPLC Virtual Lawyer
Media wrongs
– Stories that can get you jailed Contempt of court Trespassing Sedition
Reporter’s Guide to Trouble– Stories that can
get you sued Libel Invasion of
privacy Breach of contract
Media wrongs
– Stories that can get you fired Plagiarism Fabrication Lapses in ethics
Reporter’s Guide to Trouble– Stories that can
get you angry phone calls Bias Bad taste Blunders &
bloopers
Understanding libel
– Who can sue for libel? Living people. Small groups.
– Who is it that gets sued? Usually, the
publication.
Beginning reporter’s guide to libelWhat is libel?
False statements and Defamatory and Published and Identifiable plaintiffs
and Defendant must be
at fault through negligence or malice.
“Red Flag” Words: Libel & Privacy
adultery blackmail confidence man
drunkard
AIDS blockhead corruption ex-convict
alcoholic booze-hound coward fraud
altered records
bribery crook gambling den
Ambulance chaser
brothel deadbeat gangster
Atheist buys votes deadhead gay
bad moral character
cheats defaulter graft
Bankrupt child abuse divorced groveling office seeker
bigamist collusion double-crossed
herpes
blacklisted con artist drug abuser hit-man
hypocrite manipulate rape/rapist stool pigeon
illegitimate mental illness scam stuffed the ballot box
illicit relation mobster scandalmonger suicide
incompetent moral delinquency
scoundrel swindle
infidelity mouthpiece seducer taken
informer Neo-Nazi sharp dealing thief
insider trading paramour shyster unethical
intimate peeping Tom slacker unmarried mother
intolerance perjurer smooth and tricky unprofessional
Jekyll-Hyde personality
plagiarist smuggler unsound mind
kept woman pockets public funds
sneaky unworthy of credit
Ku Klux Klan price cutter sold influence vice den
liar profiteering sold out villain
Mafia prostitute spy fawning sycophant
Classes of libelous words
Words imputing the commission of a criminal offenseAvoid:
John Doe was taken into custody Wednesday for murdering Sally Smith Tuesday night.
Better:John Doe was taken into custody Wednesday in connection with (or in the investigation of) the Tuesday night slaying of Sally Smith.
Words that impute infection with a loathsome communicable disease of any kind that would tend to exclude one from society.Is this news?:
John Doe, who was elected Wednesday to be president of the local chapter of the Fellowship of Christian Athletes, was treated last summer for a venereal disease, the Daily Bugle has learned.
Words that impute inability to perform, or want of integrity in the discharge of, duties of office or employment.Don’t write:
Public school groundskeeper John Doe is unfit by temperament and intelligence to adequately perform his duties, sources who wish to remain anonymous said Wednesday.
Words that prejudice a particular person in his or her profession or trade.Don’t write:
Attorney John Doe, who will represent the widow in the embezzlement case, is the most incompetent lawyer in town, according to courthouse observers.
Defamation by implication
Implication created by the reporter’s organization of facts.John Jones was seen entering the Shady Oaks motel yesterday with a woman. The motel is located in a known prostitution area.
Quotations
Reporter/news medium must assume responsibility for the statement if it is used– The fact that information was provided
by a source does not necessarily mean that it is correct.
– Beware of off-the-record tips passed along by sources, even high-ranking officials or law enforcement officers. Don’t write: Police said that the alleged
crook is in custody. Instead: Police said that the man charged
with the crime is in custody.
Defenses against libel
Conditional defenses– Privilege of reporting: Fair, accurate
reporting of official proceedings– Fair comment and criticism: Applies to
opinions about matters of public concern
– Neutral reportage: Report charges made by one responsible person or organization about another when both parties are involved in a public controversy
Understanding libel
– How do I defend myself? Truth Consent Privilege
– How can I avoid libel? Verify material. Allow people to
defend themselves. Remember, public
officials often make “unofficial” claims.
If you make mistake, correct it.
Understanding libel
– Iowa supreme court – “Any performance to which the public is invited may be freely criticized.”
The Cherry Sisters vs. “Fair Comment and Criticism”
– “Also, any editor may publish reasonable comments on that performance.”
Understanding libel
– Actual malice –knowing you are lying or disregarding the truth
– Opinion – ideas that don’t claim to be factual
– Slander – defamation that is spoken
A lexicon of libel
Public official –someone who exercises power or influence in governmental affairs
Public figure – person who has acquired fame or notoriety
Absolute libel defenses
Statute of limitations– Two years in Minnesota
Truth Privilege of participant
– Participants in official proceedings Consent or authorization Self-defense or right of reply
Partial defenses
Publication of a retraction: Clear admission of erroneous reporting
Facts showing no gross negligence or ill will
Facts showing that the reporter relied on a usually reliable source
The actual malice standard
The New York Times rule– New York Times Co. v. Sullivan: 1964
Supreme Court: To collect damages, a public official would have to prove the defendant acted with “actual malice;” knowledge that it was false or with reckless disregard of whether it was false or not.
– 1967: Supreme Court said that public figures, in addition to public officials, also have to show actual malice to recover libel damages.
Bottom line:More protection from libel action if plaintiff is a public person.
Checklist for dealing with libel
Be aggressive – but don’t take foolish risks
Be fair – keep an open mind Seek advice if you are unsure of your
turf
Out-of-Class Assignments
Due Today:– Textbook Quiz/Second feature story draft
Due December 13:– Review of journalist interviews
In-Class Assignment
News Releases
Portfolio
Store academic information on your Electronic Portfolio. Each student has 100 mb of storage.
Access Electronic Portfolio at: https://portfolio.umn.edu/portfolio/index.jsp
Egradebook
Doublecheck assignments correct in egradebook:– http://www.d.umn.edu/egradebook