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)

Law & Ethics

A look at the rights and responsibilities of the mass media

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?

No, not really.

There are NINE restrictions to this freedom…

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.

So, who is liable?

• 1) The Reporter• 2) The Editor• 3) The Publisher (Owner)• 4) Everyone Involved

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

Libel Defenses

• 5) Consent• 6) Proof of previous bad reputation

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/