JOURN 1100 1st EditionFinal Exam Study Guide Lectures: 21 - 26Lecture 21 Plagiarism: “a kind of intellectual theft in which one passes off someone else’s work and ideals as his own” (Craft & Davis)Which ethical rules of journalism did Jayson Blair violate?- Credibility of himself and the Times was Was anyone else responsible?- Editors should have been more involvedTimeliness  can cause us to make bad decisions Ethics vs. LawNews aggregation: copyright law allows fair use of content created by other peopleHow is that consistent with our view that plagiarism is unethical?- Example from Craft & Davis “morning edition” business letter @ Pittsburg Business Times- Need to attribute to original source, link to original source, verify, put into own words or quote directlyImportant ConceptsMorality: “code of conduct. As the Stanford Encyclopedia of Philosophy notes, this term can refer either to a description of how a group or society actually behaves (norms & standards followed) or to a more universal code of conduct that everyone should endorse.” (Craft & Davis)- Norms  established practices- Values  what we aspire to do- Ethics  way we look at norms and values, & perceive what is right and wrongEthics is NOT….- Same as morality- About personal feelings- Just custom / social norms- Same thing as lawEthics IS…- Standards of right and wrong that prescribe what you should do- Study & development of ethical standardsAre you minimizing harm?4 Views of Ethics1) Intuitionism: our intuition can tell us what we ought to do “prima facia duties” (strong presumption of doing the specific duty, ex: keeping a promise)Perfect Duties (what you MUST do)- Fidelity (faithful to a person cause or belief, shown through loyalty and support, doing what you promise to do)- Non-maleficence (avoid harm)- Reparation (making amends for a wrong one has committed, repairing something)- Respect for persons (being humble and treating everyone fairly)- Formal justice / use legal system to hold people accountableImperfect Duties (what you SHOULD do)- Beneficence (improving the lives of others)- Gratitude (showing thanks)- Distributive justice (distribute goods to help the needy)- Honesty (telling the truth)- Self improvement (making yourself and your writing better) 2) Utilitarianism / Consequentialism:Outcomes of our actions determine whether our decisions are ethicalJudge ethics by consequenceHappiness should be maximized (J.S. Mill)3) Deontologicalism: Rules / duties lead us to moral actions (Immanuel Kant)Judge ethics by adherence to the rules4) Virtue Ethics:Emphasize an individual’s character (Aristotle) All ideas go with the idea of non-maleficenceLecture 22 1. First Amendment1. No established religion2. Freedom of speech3. Press4. Assemble5. PetitionFor most of the United States history, a state could restrict and regulate first amendment. 14th amendment changed this so that amendments then had to apply towards the states.2. NY Times vs. Sullivan- Affects the future of Journalism3. Important Conceptsa. Prior restraint: “government prohibition of speech in advance of publication”b. Sedition: “crime of revolting or inciting revolt against the government”c. Defamation: “any intentional false communication, either written or spoken, that harmsa person’s reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person”d. Libel: “written or broadcast defamation. A false statement that damages a person’s reputation”e. Actual malice: standard set by Supreme Court in NY Times vs. Sullivan (1964) In libel lawsuits, public officials must prove false statements were published knowingly or with reckless regard for the truth. 4. What ethical principles apply to libel?Be aware of making ethical decisions (avoid harm) and legal implications (remember libel)5. Virtual realities?The concept of “presence” is created through feeling you are there in the event. 6. Code of Ethics- Consensus decision of people in a certain profession- Standards of professional conduct stated by associations (Radio-Television News Directors Association, Society of Professional Journalists) a. SPJ Code of Ethics1. To seek the truth and report it2. Minimize harm3. Act independently4. Be accountable(when making decisions consider the possible outcomes and consequences, choose perfect duty over imperfect duty)b. 9 steps with ethical decisions1. Start with an open mind2. Get all the facts you can3. Listen to what your gut is saying4. Identify duties at stake5. Figure out kind of conflict you’re facing6. Brainstorm and analyze7. Reach conclusion --- try to reach consensus8. Try to minimize harm the decision may cause9. Look toward the futurec. St. Louis news story at Kirkwood elementary1. Start with an open mind: lets consider the idea of going into a school undercover2. Get all the facts you can: gather safety policies, potential consequences of walking into a school unannounced3. Listen to what your gut is saying: doesn’t seem right, trespassing4. Identify duties at stake: telling the truth and serving the public, minimizing harm5. Figure out kind of conflict you’re facing: it could all workout, OR you end up breaking the law and cause an inconvenience from the lockdown6. Brainstorm and analyze: look at after event and see the positives and negatives7. Reach conclusion --- try to reach consensus: bad idea8. Try to minimize harm the decision may cause: news organization had to explain itself9. Look toward the future: did some good by showing the good and bad ethical decisions reporters make Lecture 24I. Congresses Regulation of the Press“Congress shall make no law…”- Congress started regulating the press almost as soon as we became a nation - Alien & Sedition Act (1798) criminalized criticism of the government- Sedition: “crime of revolting or inciting revolt against the government. Under 1st amendment doctrine, it is rare but sedition remains in U.S. criminal code”- The law died off but came back again in WWI- Schenck vs. U.S. (1919)- “Whether the words are used in circumstances related to creating a clear & present danger that will bring substantive evils that U.S. congress has the right to prevent (can’t interfere with war)- 14th Amendment- extended federal protection of individual liberties to state governments (state had tofollow federal law)- Gitlow vs. New York