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JOUR-J 110 : FINAL EXAM

History of journalistic professionalism
1892: Joseph Pulitzer proposes first journalism school at Columbia University in New York 1908: University of Missouri opens the first journalism school 1920s: First code of ethics 1947: Hutchines Commission on Freedom of the Press
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Hutchins Commission on Freedom of the Press
The press has a responsibility to give voice to the public and to society; the free press was not living up to that responsibility to the public because of its commercial masters Five Duties of a responsible press
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Five duties of a responsible press
provide a truthful, comprehensive, and intelligent account of the day’s events in a way that gives meaning act forum for the exchange of comment/criticism project a representative picture of the constituent groups within the society present/clarify goals and values of the society provide full access to the day’s news
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Sissela Bok's Model for Decision Making
Consult your conscience Seek alternatives Hold an imaginary ethical dialogue with everyone involved
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Aristotle's Golden Mean
Achieving happiness involves striking a balance, "a just-right point between excess and defect" Classic example is courage, which strikes a balance between the inaction and timidity of cowardice and the recklessness of foolhardiness, both of which are unacceptable behaviors
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Kant's Categorical Imperative
Morality lies in the act itself and not in the character of the actor or the intent behind the action Act as if the maxim of your action were to become through your a will a universal law of nature
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Mill's Principle of Utility
The greatest good for the greatest number of people The consequences of an action are important in deciding what is ethical
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Potter's Box
Forces us to get the facts straight, investigate our values, and articulate an appropriate principle Poytner's ethics tool These tools help us draw responsible conculsions that yield justifiable actions. But they won't give you "the right answer"
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Press Licensing, Seditious Libel
It was a crime to criticize government- regardless of whether the criticism was true (the greater the truth, the greater the libel)
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Areopagitica
The marketplace of ideas John Milton's speech arguing against censorship, and for freedom of the press
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John Peter Zenger
Zenger, an independent editor, accused Governor of political corruption in his newspaper and the governor threw him in jail Andrew Hamilton defended him claiming that what he had written was the truth; Zenger was found not guilty, thus establishing truth as a defense against libel
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First Amendment
Established freedom of religion, freedom of speech, freedom of the press, the right to assembly, and the right to petition
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What is not protected by the first amendment?
Defamation, obscenity, disruptive speech, commercial speech
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14th amendment
Granted due process of the law and made the bill of rights applicable to the states
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Defamation
harming someone's reputation through printed or spoken words
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Libel
any published statement that unjustifiably exposes someone to ridicule or contempt
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Who can be libeled and what types of publications can be libelous?
person, company, charity, union, products News stories, editorials, headlines, photos, letters to the editor, email, social media
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Elements needed to win a libel case
Defamation stated as fact Publication Identification: must be able to prove it applies to him or her and another reader or viewer must agree
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Defenses to Libel
Truth Privilege: made in government meetings, court, government documents, etc. Opinions: needs to be a clear expression of opinion; claiming that a fact is a statement of opinion does not protect the writer
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New York Times v. Sullivan
Established actual malice- publishing falsehood knowingly and with reckless disregard for the truth Landmark case that put burden of proof in a libel suit on the plaintiff One goal of the ruling was to prevent self-censorship
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Griswold v. Conneticut
the 1965 case ruling that Connecticut could not prohibit the use of contraceptives by married couples, enumerating a right of privacy. Although the Consitution contains no explicit right of privacy, the Court argued that various guarantees in the First, Third, Fourth, Fifth, and Ninth Amendments create "zones of privacy" that the government has no right to invade
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Intrusion
Invasion of privacy by physical trespass into a space surrounding a person's body or onto property under his or her control Eavesdropping, hidden cameras, police ride alongs, etc.
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Reporter's Privilege
Exemption from normal duty to testify about confidential matters Things that can be compelled: reporter's notes, state of mind, outtakes Supreme court has ruled no federal privilege (Branzburg v. Hayes- journalists have the same duty as other citizens) Can keep sources confidential
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Shield Laws
Protect journalists from being compelled to testify in court; only applicable in some states
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Cohen v. Cowles Media
Sources can sue if promise of confidentiality is breached. Promissory estoppel (sort of like a breach of contract) applies to media despite First Amendment
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Freedom of Information Act
9 exceptions cover things like national security, trade secrets, personal privacy, etc. State Access laws: all states have access law Access to government meetings Government in the sunshine act: advisory committee meetings may be closed or partially closed to the public
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Obscenity vs. Indecency
Obscenity is hard core sexual expression Indecency is explicit material and the government can limit it Indecent material cannot be aired from 6am to 10pm Obscene programing has no literary, artistic, political, or scientific value and is not protected by the first amendment
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Lessig's argument
Believes people taking and recreating other people's content through technology to say things differently is piracy This technique has been democratized and made accessible to everyone
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Copyright
A statutory right giving authors or artists the exclusive privilege to multiply, publish and sell their creative works; To qualify, works must be original and “fixed in a tangible medium of expression” (Copyright Act of 1976) Putting an actual copyright symbol on your work is not necessary, but registration is required if you want to sue over an infringement
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Infringement
using any part of a copyrighted work without permission, plaintiff must prove direct copy or substantial similarity
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Fair Use
You can use a small portion of a work in a news report or commentary. And you can parody original work
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Digital Copyright
Digital millennium copyright act: protection for digital media, anti-circumvention technology
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commercial speech/advertising & role of FTC
FTC keeps false and deceptive ads off of TV. The FTC can also require corrective ads
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Prior restraint
an act of government censorship to prevent facts or ideas that the government considers unacceptable from ever being disseminated Seldom allowed under the Constitution, but often sought in cases of disruptive speech
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Disruptive speech as the focal point of most attempts at prior restraint
speech that threatens government's interest in maintaining order Courts have left the door open to prior restraint, but government must meet strict standards because prior restraint is rarely constitutional The supreme Court has heard only one prior restraint case- The Pentagon Papers (NYT vs. US)
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Can you burn a cross?
Yes, but not to intimidate (Virginia v. Black)
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Can you publish a racist newspaper?
Yes (Near v. Minnesota)
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Can you burn the flag?
Yes- it's symbolic speech, even if it offends many people (Texas v. Johnson)
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Can you wear a shirt that says "Fuck the Draft?"
Yes, it's offensive and vulgar, but protected (Cohen v. California)
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Authoritarian Theory
Press is a servant of the government, not a servant of citizenry Give permits only to certain printers- however as the number of trained printers grow and an increasingly literate public demands more and more printed materials, the ability of the government to control "outlaw" printers can become more problematic
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Communist Theory
Press to be run by the government to serve it's needs Media should be closely tied to other sources of government power and authority Media's main purpose is to act as a tool for government propaganda
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Libertarian Theory
The press doesn't belong to the government but is instead a separate institution that belongs to the people and serves as an independent observer of the government People want to know the truth and be guided by it; the only way to arrive at the truth is through free and open discussion Everyone is entitled to their own opinion
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Social Responsibility Theory
-based on the concern that, although the press may be free from interference from the government, corp. interests can control it. -Provide information needed to make the political system&self-government work -Serve as an overseer of the government -Serve the economic function of bringing together buyers and sellers through advertising -Provide entertainment -Profitable enough to avoid outside pressures
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Development Theory
developing nations may need to implement press controls in order to promote industry, national identity, and partnerships with neighboring nations
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Globalization
a process of interaction and integration among the people, companies, and governments of different nations, a process driven by international trade and investment and aided by information technology. This process has effects on the environment, on culture, on political systems, on economic development and prosperity, and on human physical well-being in societies around the world
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Is everything globalized?
Not everything or everyone is globalized, but the global networks that structure the planet affect everything and everyone…all the core economic, communicative, and cultural activities are globalized
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Effect of Gloabization
reduces differences that existed between nations in time, space and culture
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Global Village
The idea that electronic media helps people live and interact at a global level
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Studies of foreign news coverage
Guy Golan examined news content to determine when and why American media cover Africa He concluded that “a dozen or so African nations account for the majority of U.S. coverage, while the majority of African nations received limited to no coverage” (53) What merited coverage? A country’s GDP and trade with the U.S.
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British Broadcasting Corporation
The BBC is the world’s largest broadcaster, providing content in the UK and around the world Within the UK, funded by television license fee paid by consumers Outside the UK, it’s BBC World Service, funded by government
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France 24
Goal is to cover international events from a French perspective and to convey French values throughout the world Fully owned by the government
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Deutschewelle
Germany's international broadcaster
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Russia Today
second most watched foreign news channel after BBC
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NHK World
Japan's international broadcaster
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CCTV
China Central Television Intended to report international news from the Chinese perspective
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USA
The US government produces a lot of media content for audiences oversees to create a better understanding of our nation with foreign populace by providing them access to American culture, history, law, society, art and music that might not otherwise be available through standard local media outlets that often provide biased reporting about the US and its involvement in the world
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International Broadcasting
the broadcasting board of governors that oversees all U.S. international broadcasting
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IT and Globalization
Information technology is a driving factor in the process of globalization Promise of the internet: “While the optimists see the potential for the democratization of communication in a world of electronic networks, where power becomes more dispersed and less geographically defined, pessimists fear that chaos and insecurity are more likely to result from these systemic changes” (Hanson, 2008, p. 5)
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Global Internet access and filtering/blockage Can be done at 2 levels
The ISPs within the country: Quickly respond to government’s blocking orders; Can be done cheaply using technology ISPs already have At the international gateway: IP blocking, Can result in overblocking, For example, blocking “Blogspot” to prevent one blog from coming through leads to blockage of 52,000 other, unrelated sites
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Wikileaks
international online self-described not-for-profit organization publishing submissions of secret information, news leaks, and classified media from anonymous sources and whistleblowers
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Is wikileaks journalism?
comes at a time when journalism is struggling with definitions, performance and technology challenges traditional news norms and routines (sourcing, distribution, etc.) There simply cannot be the remotest doubt that the entire purpose of Wikileaks is for public dissemination
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Crowdsourcing
participative online activity in which an individual or organization proposes to a group of individuals via a flexible open call, the voluntary undertaking of a task. Task varies in complexity and modularity Crowd should participate bringing their work, money, knowledge and/or experience, always entails mutual benefit The users will receive satisfaction of a given type (economic, social recognition, self-esteem, skills, etc.)
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Crowdfunding
a way of funding a project by getting lots of people to contribute small amounts of money (i.e. kickstarter)
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