Journ 1100 1st Edition Lecture 25Outline of Last Lecture I. Congresses Regulation of the Pressa. Schenck vs. U.S.b. 14th Amendmentc. Gitlow vs. New York d. Red Scaree. Yates vs. U.S.f. Brandenberg vs. OhioII. Difference between Advocacy and Incitement?III. New York Times vs. SullivanIV. Libel LawV. Prior RestraintVI. Pentagon PapersOutline of Current Lecture I. Pentagon PapersII. United States vs. O’Brian (1968) Intermediate scrutinyIII. Prior RestraintIV. Do journalists have more rights? Branzberg vs. HayesV. Privacy and Free Speech 4 Privacy Claims VI. IndependenceThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute. Central importance?VII. Objectivity  Critique?VIII. Structural biases of journalism1. Temporal 2. Bad news3. Commercial4. Expediency5. Visual6. Fairness7. Narrative8. Status quo9. GloryCurrent Lecture Pentagon Papers NY Times vs. United States (1971) made it clear that prior restraint would be very rareUnited States vs. O’Brian (1968) Intermediate scrutiny: to check constitutionality Is okay if…- It furthers an important / substantial government purposeThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Government purpose is unrelated to suppression of expression- Restriction is narrowly tailored to accomplish the substantial purpose Ex: intermediate scrutiny is okay if it furthers important government purposesPrior RestraintIf a law or regulation targets a specific kind of content, things become more complicated Strict scrutiny review: court almost always strike down content-based laws basedon 1st amendment changesDo journalists have more rights?No, everyone has same rights. Ex: protection for anonymous sources Branzberg vs. Hayes (1972)- Branzberg was a journalist investigating drug use and saw people actually using drugs- Supreme court ruled that 1st amendment is not a shield for reporters to decline to testify criminal cases (when the witness a crime) Shield Laws- Were created to protect reporters- Only 32 states (not Missouri) have shield lawsPrivacy and Free SpeechPrivacy is not mentioned in the constitutionCourts have ruled that it’s implicit in the 1st, 3rd, 4th, and 5th amendments  4 Privacy Claims These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.1. intrusion2. publication of private facts3. false light4. misappropriationIndependence: essential component of journalism practice, journalists are free to pursue the truth with loyalty only to citizens and not particular interests, causes or other pressures in mind Central importance?Independent press is more important than objective pressObjectivity: commonly used to describe a person’s (alleged) ability to completely detach from, and have no opinion or perspective on a given issue  Critique?Structural biases of journalism: type of frame or approach, inherent to journalism practices, which favors certain kinds of news topics and presentation over others 1. Temporal  timeliness2. Bad news  conflict3. Commercial  dual product model4. Expediency  journalist choose to do stories the easy way over the hard way5. Visual  needs good photograph or video to “make the front page”6. Fairness7. Narrative  story needs a beginning, middle, and end. A hero & villain often present8. Status Quo  don’t question American way (democracy)9. Glory  “journalists are heroes” representing people in traumatic situations Frame: the way in which a journalist decides to show a story and translate to the viewerThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a