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

Let’s go to NewsU

http://www.newsu.org/ Get Me Rewrite: The Craft of Revision

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