Legal Implications of the Legal Implications of the PressPress

Laws, Ethics, and PolicyLaws, Ethics, and Policy Laws: What we have to doLaws: What we have to do Ethics: Self-discipline, self-regulation, Ethics: Self-discipline, self-regulation,

what we should dowhat we should do Policy: Organizational guidelines and Policy: Organizational guidelines and

limitationlimitation

Laws: First AmendmentLaws: First Amendment

““Congress shall make no law… Congress shall make no law… abridging the freedom of speech or abridging the freedom of speech or of the press…”of the press…”

Freedom to write and distribute Freedom to write and distribute information without having to get it information without having to get it approved by the government.approved by the government.

Extended to freedom of information Extended to freedom of information because it is necessary to discover because it is necessary to discover the truth in order to print it.the truth in order to print it.

Law: First AmendmentLaw: First Amendment

Rights apply to school newspapers with Rights apply to school newspapers with two limitations.two limitations. More supervisionMore supervision Cannot interfere with the ability of the Cannot interfere with the ability of the

school administrators to run the schoolschool administrators to run the school School officials can edit your paper and it is not School officials can edit your paper and it is not

censorshipcensorship Cannot cause a disturbance during its Cannot cause a disturbance during its

distributiondistribution Discuss response to Activity 1, number 1, page Discuss response to Activity 1, number 1, page

7070

Reporting the News Reporting the News Responsibly and EthicallyResponsibly and Ethically

Censorship: Inspection and approval of a Censorship: Inspection and approval of a newspaper or broadcast material by a newspaper or broadcast material by a government or public agency before the government or public agency before the material is released to the public. This is material is released to the public. This is unconstitutional. unconstitutional.

Self-censorship: A Chicago paper withheld Self-censorship: A Chicago paper withheld information about a kidnapping so that the information about a kidnapping so that the police could search without the kidnapper police could search without the kidnapper being aware that the police were onto him. being aware that the police were onto him. Success! Success!

Protecting National SecurityProtecting National Security

Information regarding national Information regarding national security, troop movements, etc. security, troop movements, etc. should not be published.should not be published.

Restrictions on InformationRestrictions on Information

Confidential informantsConfidential informants First print information as rumor, then First print information as rumor, then

investigate further. If you print as fact, investigate further. If you print as fact, you must be prepared to support it, so you must be prepared to support it, so either find another source, more facts, either find another source, more facts, or be prepared to give up your source. or be prepared to give up your source. Otherwise, you could end up in jail.Otherwise, you could end up in jail.

LibelLibel

Publication of something false that Publication of something false that injures someone’s reputation. injures someone’s reputation. Differentiated from slander in that Differentiated from slander in that slander is oral. slander is oral. Occurs when a published or broadcast Occurs when a published or broadcast

statement unjustly exposes someone to statement unjustly exposes someone to hatred, makes that person seem hatred, makes that person seem ridiculous, or damages that person’s ridiculous, or damages that person’s reputation or earning power.reputation or earning power.

Libel (continued)Libel (continued)

Must handle news carefully. Do not Must handle news carefully. Do not say “John Doe murdered his wife.” say “John Doe murdered his wife.” Instead say, “Police have charged Instead say, “Police have charged John Doe with the murder of his John Doe with the murder of his wife.”wife.”

Be careful with letters to the editor.Be careful with letters to the editor.

Proving LibelProving Libel

Defamation – spreading false reports Defamation – spreading false reports that are injurious to the personthat are injurious to the person

Identification – person suing must Identification – person suing must prove that their identity was prove that their identity was revealed by the paperrevealed by the paper

Publication – the publication must be Publication – the publication must be shared with a third partyshared with a third party

FaultFault

Negligence – reasonable care was Negligence – reasonable care was not taken to ascertain the facts not taken to ascertain the facts (private citizen)(private citizen)

Actual malice or reckless disregard – Actual malice or reckless disregard – When a reporter knowingly prints When a reporter knowingly prints false information about a public false information about a public official or figureofficial or figure

Damages in a libel suit can be Damages in a libel suit can be compensatory and punitivecompensatory and punitive

Libel DefensesLibel Defenses

Truth: Must be able to prove that Truth: Must be able to prove that you wrote the truth.you wrote the truth.

Privilege: Accurately reported public Privilege: Accurately reported public records.records.

Fair Comment and Opinion: People Fair Comment and Opinion: People in public life may be criticized as long in public life may be criticized as long as it is not done maliciously.as it is not done maliciously.

(Activity 2, number 1, page 57)(Activity 2, number 1, page 57)

Right of Privacy: Problem Right of Privacy: Problem AreasAreas

Intrusion: When gathering news, do not Intrusion: When gathering news, do not trespass, use a camera or tape recorder trespass, use a camera or tape recorder without permission, or misrepresent without permission, or misrepresent yourself.yourself.

Public Disclosure: When sharing private Public Disclosure: When sharing private information, get consent!information, get consent!

False Light: Portraying someone False Light: Portraying someone inaccurately (using a picture of students inaccurately (using a picture of students eating lunch in connection with a story eating lunch in connection with a story about a food fight)about a food fight)

Appropriation: Exploits someone’s name or Appropriation: Exploits someone’s name or image without the person’s permissionimage without the person’s permission

Right of Privacy: GuidelinesRight of Privacy: Guidelines When someone enters the public life by When someone enters the public life by

doing something newsworthy, doing something newsworthy, information about the action may be information about the action may be reported, but not about the person’s reported, but not about the person’s personal life.personal life.

Do not use a person’s name in a fictional Do not use a person’s name in a fictional situationsituation

You cannot print an unrelated pictureYou cannot print an unrelated picture Cannot use a person to advertise without Cannot use a person to advertise without

their consent.their consent.(Activity 2, number 3, page 57)(Activity 2, number 3, page 57)

ObscenityObscenity

Not protected by the First Not protected by the First AmendmentAmendment

Most states specifically prohibit Most states specifically prohibit vulgarity and profane language in vulgarity and profane language in schools – supported by courtsschools – supported by courts

Guidelines unclear… Avoid it!Guidelines unclear… Avoid it!

CopyrightsCopyrights

Do not reprint other material in your Do not reprint other material in your paper.paper.

Incitements to ViolenceIncitements to Violence

It is illegal to print something that It is illegal to print something that would incite people to violence. Be would incite people to violence. Be careful of this in editorials or other careful of this in editorials or other opinion articles.opinion articles.

You can report on incidents of You can report on incidents of violence, just make sure you don’t violence, just make sure you don’t cause more!cause more!

Nonfactual Content of Nonfactual Content of NewspaperNewspaper

Fact and OpinionFact and Opinion Most newspaper readers want and Most newspaper readers want and

welcome opinion when its relevant source welcome opinion when its relevant source is identified.is identified.

Opinion is not welcome when it comes from Opinion is not welcome when it comes from the author – unless written as an editorial the author – unless written as an editorial

Make sure the difference between fact and Make sure the difference between fact and opinion is clear!opinion is clear!

Fact: actual event or situationFact: actual event or situation Opinion: what someone thinks, believes, or Opinion: what someone thinks, believes, or

wishes.wishes.(Activity 3, numbers 1 and 3, page 60)(Activity 3, numbers 1 and 3, page 60)

More Nonfactual Content of More Nonfactual Content of NewspaperNewspaper

Slanted News: News that is biased in Slanted News: News that is biased in some way. Do not do it!some way. Do not do it!

Propaganda: Organized, widespread Propaganda: Organized, widespread attempt to influence others thinking attempt to influence others thinking or behavior. Will be in papers as or behavior. Will be in papers as advertisements, but should not be in advertisements, but should not be in news stories.news stories.

(Activity 5, numbers 1 and 2, page 63)(Activity 5, numbers 1 and 2, page 63)

Source of InformationSource of Information

Determine whether or not the source Determine whether or not the source is reliable and knowledgeable.is reliable and knowledgeable.

Make sure the source is informed.Make sure the source is informed. Make sure he or she is not biased.Make sure he or she is not biased.

Ethics – Three Main Ethics – Three Main PrinciplesPrinciples

Seek the truth and report it as fully Seek the truth and report it as fully as possible.as possible.

Act independentlyAct independently Minimize harmMinimize harm

(Practice situations – new book pages (Practice situations – new book pages 24-25)24-25)

Ethics – Problem AreasEthics – Problem Areas

Fairness: give both sides of the story Fairness: give both sides of the story equal attentionequal attention

Photojournalism: be careful what Photojournalism: be careful what pictures you share and what they say pictures you share and what they say about the people in them.about the people in them.

Ethics – Satisfying Both Ethics – Satisfying Both Advertisers and ReadersAdvertisers and Readers

Advertising pays for most publishing Advertising pays for most publishing costs, and they could take their costs, and they could take their business elsewhere if the content of business elsewhere if the content of the paper displeases them.the paper displeases them.

Readers want sensational newsReaders want sensational news Editors want to publish truthEditors want to publish truth Need to balance the threeNeed to balance the three

PoliciesPolicies

Newspaper guidelinesNewspaper guidelines Landmark casesLandmark cases

(Handout copies of pages 28-31 in the (Handout copies of pages 28-31 in the new book)new book)

Student Publications - GoalsStudent Publications - Goals Meeting Community ExpectationsMeeting Community Expectations

How much emphasis does the school How much emphasis does the school place on education?place on education?

Are students engaged?Are students engaged? What about activities?What about activities? Community interactions?Community interactions? What do young people think about?What do young people think about? How are they going to deal with the How are they going to deal with the

challenges facing them?challenges facing them?

Student Publications - GoalsStudent Publications - Goals

Improving relations between students Improving relations between students and community: report positive and community: report positive examples of things going on at school examples of things going on at school to console taxpayers.to console taxpayers.

Providing a forum for student Providing a forum for student opinions: give students a chance to opinions: give students a chance to express themselvesexpress themselves

Developing broad guidelines: editorial Developing broad guidelines: editorial policy – statement of purpose, policy – statement of purpose, responsibility, and guidelinesresponsibility, and guidelines

Student Publications - Student Publications - PublishingPublishing

Establishing the content of your pages Establishing the content of your pages and what kinds of stories you will publish.and what kinds of stories you will publish. Basic News: academic news, school Basic News: academic news, school

activities, student government, faculty, activities, student government, faculty, alumni, club news, entertainment news, alumni, club news, entertainment news, sports news, local, national or international sports news, local, national or international newsnews

Feature stories: common interest, Feature stories: common interest, personality sketches personality sketches

Student Publications - Student Publications - PublishingPublishing

Content of pages (cont.)Content of pages (cont.) Opinion Articles: editorials, Opinion Articles: editorials,

commentary, columns, reviewscommentary, columns, reviews Non-news Items: puzzles, comicsNon-news Items: puzzles, comics Advertisements: display ads, classified Advertisements: display ads, classified

or want adsor want ads

Setting up your staffSetting up your staff

Planning production proceduresPlanning production procedures