Curs 2 Functions of Journalism

7/27/2019 Curs 2 Functions of Journalism

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FUNCTIONS OF

JOURNALISM

Media law in the US


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What is journalism?

The application of a set of skills that

provides current information about the

world news to the public at large.


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OTHER FUNCTIONS

- political accountability

- enabling public understanding of the economic,political and social world

- cultural life of societies - it entertains and amuses us

- it shapes and reflects a range of constituenciesand communities in society (it adds to the fabric

of public life by providing the social glue - itbonds communities together and shapes ourunderstanding of who we are)


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OTHER FUNCTIONS

It helps maintain established positions of

power within societies

Provides a moral framework within which

we might orient ourselves

They tell us who we are, interpret the

world for us, making it intelligible

News helps explain life (Black, 2001)


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OTHER FUNCTIONS

Express a deeper sense of humanity

break down barriers between different

peoples and different cultures

Makes judgments and comments

Literary values helps us tap into our

cultural identity and its history

Advertising


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JOURNALISTIC VALUES

- Commitment to serve the public in an

ethically informed manner

- Plays an important part in the formation,

enhancement and perpetuation of an

informed society

It has to provide citizens with accurate and

reliable information that they need to

function in a free society


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JOURNALISTIC VALUES

Respect for truth and for the right of the

public to truth is the first duty of the

journalist

Just as physicians and lawyers are

morally required to be truthful with their

patients and clients, journalists are morally

obliged to deliver truth to the public(Klaidman and Beauchamp)


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JOURNALISTIC VALUES

Public writing has a strong political history

Other cultural and economic functions

Gossip, rumour and speculation The desire for news. With its concomitant

dangers, has probably been an aspect of

most societies through history. (celebrity-obsessed and sensationalist

news agenda of todays tabloids


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JOURNALISTIC VALUES

Ideal of objectivity

economic tensions

technological developments


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HISTORY OF JOURNALISM

- Roman times Acta Diurna

- English Civil War (early 17th century)

- Mid 19th

century the industrialization ofthe press)

First mentioned in English in the 1830s

adapted from French journalisme


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- around the 15th century a new system

of proto-capitalism after the collapse of the

Hapsburg Empire

Accurate information essential for

economic and political power

Desire to control the spread of information

(The Tudor period in England, licensing)


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Public writing informing modern

conceptions of journalism:

John Milton Areopagetica a plea to

repeal the licensing system

In America: the first American newspaper

Publick Occurrences (Benjamin Harris,

Boston 1690) banned after 4 days


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1735 John Peter Zenger publisher of New

York Weekly Journal criticised governor

Cosby. Cosby accused Zenger of libelous

statements (damaging his reputation) andseditious language (encouriging revolt).

The jury did not convict Zenger


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Boston NewsLetter the first continuallypublished American newspaper, followedby The Boston Gazette, The New English

Courant (information, entertainment) News becomes a commodity

In the 18th century the public sphere the

realm of public, political discoursereflecting the changing dynamics ofEuropean political and economic life


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JOURNALISM AND POLITICS

The fourth estate

The watchdog role it enabled public

scrutiny ad accountability of politicians

Essential to the effective working of

democracy

It acts on the publics behalf, monitorspower and articulates the peoples voice


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In the late 18th century in England Wilkes

wrote a pamphlet North Briton which made

possible to publish the proceedings in the

House of Commons

The Boston Gazette (US) shaped opinion

against the British it undermined

established unrepresentative authority


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Tom Paine (late 18th century) cemented

the connection presspolitics

Common Sense, American Crisis, Rights

of Man, Age of Reason

Man had inalienable rights and

government should be organised as to

protect and reflect these rights (chief ones

the political rights)


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Paine: a free press should facilitate the

connection between a democratic

government and the people

In Britain taxation removed in mid 19th

century

Journalism is independent from

government yet performs a key function

for democracy


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Journalism as important element in the

constraint of the masses

The progressive emancipatory values of

journalism are undermined by the priorities ofprofit

Commercial press expanded after the final

repeal of the stamp tax in 1855

The relationship market-journalism has

undermined the democratic spirit of journalism


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Lippman: political life is too complex for most

Americans to understand, and journalism should

simplify it so as to retain its democratic ethos

A conveyor of political information to the public Dewey: the role of journalism is to engage the

masses in debate about political affairs (a

deliberative model, an arena of public debate

civi/public journalism))


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The Internet provides greaterdeliberation and public awareness

McNair we have shifted from a paradigm

of control to one of chaos Sunstein deliberative opportunities are

closed down because people tend to be

drawn to materials that reflect rather thanchallenge their political principles andideals


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CONCLUSION

Winston new technologies not very

innovative online journalism is taken

directly from print hard copy

Conboy and Steel ; It is ultimately the

public itself that has the ultimate say in

where the future of journalism lies


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MEDIA LAW IN THE UNITED

STATES

Mill: On Liberty: The peculiar evil ofsilencing the expression of an opinion is,that it is robbing the human race, posterity

as well as the existing generation If theopinion is right, thy are deprived of theopportunity of exchanging error for thetruth: if wrong, they lose what is almost as

great a benefit, the clearer perception andlivelier impression of truth, produced by itscollision with error.


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Mill: Even opinions lose immunity, when the

circumstances in which they are expressed are

such as to constitute a positive instigation to

some mischievous act. An opinion that corn-dealers are starvers of the poorought to be

unmolested when simply circulated through the

press, but may justly incur punishment when

delivered orally to an excited mob assembledbefore the house of a corn-dealer.


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SEDITION

Verbal attacks of government and its

officers, laws and institutions

First Amendment to the US Constitution

passed in 1791

Congress shall make no law abridging the

freedom of speech or of the press

1798 Congress passed the Alien and

Sedition Acts


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SEDITION

Thomas Jefferson (France) - John Adams(England)

Jefferson: I discharged every person

under punishment or prosecution underthe sedition law, because Iconsideredthat law to be a nullity, asabsolute and as palpable as if Congresshas ordered us to fall down and worship agolden image


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SEDITION

The most stringent protection of free

speech would not protect a man in falsely

shouting fire in a theatre and causing a

panic.

A case-by-case basis


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SEDITION

Frohwerk v. United States (1919) the

Missouri State News 10 year sentence

Eugene Debs v United States

He said: I have been accused of

obstructing the war I admit it. Gentlemen, I

abhor war. I would oppose the war if I

stood alone

Sentenced to 10 years


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SEDITION

Abrams v United States leaflets

Holmes dissented: In this case sentences

of twenty years imprisonment have been

imposed for the publishing of two leaflets

that I believe the defendants had as much

right to publish as the Governmnet has to

publish the Constitution of the UnitedStates now vainly invoked by the,


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SEDITION

Holmes: When men have realized that

time has upset many fighting faiths, they

may come to believe that the ultimate

good desires is better reached by freetrade in ideas that the best test of truth is

the power of the thought to get itself

accepted in the competition of the market The theory of the marketplace-of-ideas


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SEDITION

The Fourteenth Amendment (passed in

1868) No State shall deprive any person of

life, liberty or property without due process

of law.

Gitlow v. United States a manifesto called

for mass strikes at destroying the

democratic state and establish arevolutionary dictatorship of the proletariat


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SEDITION

The Court sentenced Gitlow for language

of direct incitement but Holmes dissented

Every idea is an incitement. The only

difference between the expression of anopinion and an incitement is the

speakers enthusiasm for the result.

Eloquence may set reason on fire.


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SEDITION

The Alien Registration Act ?Smith Act in 1940

fear of domestic Communist and approach of

World War II

Dennis v United States : definition of clear andpresent danger

Judge Hand

Gravity improbability = invasion of free speech High gravity and low improbability high degree

of invasion of speech


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Sedition

Chief Justice Douglas dissented Free

speech the glory of our system of

government should not be sacrificed on

anything less than plain and objectiveproof of danger that the evil advocated is

imminent.


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SEDITION

The modern doctrine of incitement

Brandeburg v. Ohio (1969)

Sentencing requires: intent, imminenceand likelihood


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PRIOR RESTRAINT

Near v Minnesota (1931)

The Saturday Press was abolished

The Supreme Court rules: It has been generally, if not universally

considered, that it is the chief purpose of

freedom of the press to prevent

censorship (previous restraint/prior

restraint).


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PRIOR RESTRAINT

The character and conduct of public officersremain open to debated and free discussion inthe press.

The administration of government has become

more complex, crime has grow to mostserious proportions and the danger or itsprotection by unfaithful officials and o theimpairment of the fundamental security of lifeand property by criminal alliancies and official

neglect, emphasizes the primary need of avigilant and courageous press, especially ingreat cities.


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PRIOR RESTRAINT

New York Times v. United States = the

Pentagon Papers

The Supreme Court: any system of prior

restraint of expression comes to this Court

bearing a heavy presumption against its

constitutional validity


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LIBEL

It reflects no more than our basic conceptof the essential dignity and worth of everyhuman being.

Under strict liability: Are those your words? New York Times Co. v Sullivan the

revolution of U.S. Libel law

Actual malice knowledge that astatement is false or reckless disregard ofwhether it was true or false.


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LIBEL

The Supreme Court: erroneous

statement is inevitable in free debate

and it must be protected if the freedoms

of expression are to have the breathingspace that they need to survive


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LIBEL

Another ruling of the Supreme Court:

An individual ho decides to seekgovernmental office must accept certain

necessary consequences. The media are entitled to act on the

assumption that public officials and public

figures have voluntarily exposedthemselves to increased risk of injury formdefamatory falsehoods.


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CONCLUSION

Prior restraint may be allowed: information

interfering with war effort

Information inciting acts of violence

Information defined as obscene

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Curs 2 Functions of Journalism

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