JOURN 1100: EXAM 3

Offer feedback; letters to the editors, online comments, call-ins withhold business participate in news production and delivery; citizen journalism,community journalism and public journalism

Speech and Press In the beginning "press" referered to anything published on a printing press. Today, mainstream media is covered and congress is considering a media shield law, which would define journalist by the nature of activity engaged in rather than by the organization that employs the reporter.

Political expressions, receive the highest level of protection(strict scrutiny). Commercial speech, receives less protection, moderate protection (intermediate scrutiny). The supreme court recognizes that advertising and other forms of commercial speech are protected. Obscene material (libel, fighting words, obscenity), false advertising and fighting words are not protects.

The time, place and manner of restrictions. the government may not be concerned with what I'm saying, but might have an interest in limiting what, how and where I can say it. (A protest rally in front of your res hall at noon?? sure vs. a rally at 3 am)

Defamation-also called calumny, vilification, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)-is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. Occurs when a false and defamatory statement about an identifiable person is published to a third party, causing injury to the subject's reputation.

Defamatory communication publications falsity identification harm fault

Truth - makes sure that any potentially libelous material can be proven true Fair report- officialy meetings such as judicial proceedings, legislative hearing and grand jury deliberations Neutral report - one public figure claims about another public figure (report must be presented in a neutral matter) Opinion- opinion with no "probably false factual connotation" is protected (courts examine opinion to see if they are based on or presumed in underlying facts)Consent-if a person gives permission for publication of information, they cannot later sue for libel Statue if limitations - there are time limits for the length of time someone can sue for libel (clock starts at the time of first publcation) Anti-SLAPP statues- permits early dismissal of lawsuits that chill exercise of free speech startegic lawsuit against public participation protects those engaged in debate about controversial matters from lawsuits that would deter the exercise of their constitutional rights.

• Disclosure of private facts the publication of private information that would be highly offensive to a reasonable person is not a matter of legitimate public concern • Intrusion/trespassing The highly offensive invasion of another person's solitude, either physically or by use of technological devices. • False light Invasion of privacy is the publication of highly offensive false information about an individual with actual malice, that is, knowing the information is false or with reckless disregard for whether it is true or false. • Appropriation the use of another person's name, likeness or image, without permission for commercial gain.

• Publication of private facts o Highly offensive to reasonable reader o Not a matter of public concern • Publication must be wide spread • Private information o Information contained from public or public records is not considered private • Highly Offensive o Medical issues, private letters sexual relations

• Trespassing: invasion of property without content o Ex: If I ask you to leave, you must leave • Intrusion: offensive invasion of another’s solitude, usually by technological means o Example: hidden cameras , recorders false pretence -> lying to get access, problem with recordings.

• Fictionalization: adding or changing facts, docudrama • Distortion: deceptive juxtaposition of facts improper context o Presentation of information in false context • Actual Malice o Publish recklessly with knowledge or falsity • Highly offensive o Time, inc. vs. Hill – Hew family o Life magazine published story about real life using information from play/movie

Using somebody’s image without their consent for commercial gain Implying that a person endorsing your product **Exception – to news worthy figures to sell new content Press argues “right of publicity” o We have the right to tell public what they should know about (celebrity, politican) Example: Zacchini v. Scripps- Howard, 1970’s man shot as cannon ball, Howard broadcast show after Zacchini denyed him permission – Zachini LOST! Supreme court rules – favor Zacchini

Truth: best defense but isn’t always enough against privacy o Courts hate to punish truthful speech Newsworthiness: expects in appropriation o Courts hate to punish truth speech in matters of public concern. Consent? Implied consent: original documentation

Fidelity Gratitude Justice Beneficence Noninjury Self-improvement

If you promise to do or not do something, then you are obligated to do it. Promised can be explicit or implicit

If any person performs a favor for you, then you have some obligation to that person

If any person deserves something that you are in a position to give or bring about then you are obligated to give it. In practice, this means focusing on what people deserve rather then what they demand.

If you can make some person better with respect to their existence, you are obligated to do so

If you are in a position to avoid hurting someone, you are obligated to do so.

In you can make yourself better with respect to your state of existence, you are obligated to do so.

Journalist have to balance their professional responsibilities and their societal obligations Codes of ethics serve as benchmarks and standards that guide what a journalist should do and should not do Codes of ethics are like mission statements that define identification, expectations and goal of a profession

Reflection - what are all the important elements of the situation we face? Justification - how will we explain our decision to others Consistency - our decision can't just be random

what is the ethical issue or problem? The ethical component must be made clear.

What are the facts that bear on the ethical decision to be made? (Here you are looking for those things with the most immediate and direct relevance) potential economic, social or political pressure list only facts that bear on the ethical decision

List the people who are affected by your decision. They are called claimants. Who is the claimant and in what way are you obligated to them? You are obligated to them through; fidelity( a promise/contract you made), reparation(a wrong you committed that you now have to make up), Gratitude (gratitude for something one of the claimants did for you), Justice (the merit of the claimants when compared with each other), Beneficence (your ability to help someone out who needs and deserves help), noninjury (your ability to avoid harming anyone unnecessarily) and self-improvement. Try to see the problem from as many perspectives as possible

Think about alternate courses of action best and worst case scenarios who will be harmed and how? Do important ideals/values conflict? What rules and principles are in play? List about 3,

Refer to the ethical guidelines for instructions. Consequences: weighing benefits and harms Utilitarianism: which is alternative will generate most benefit (or less harm) for the greatest number of people? Harm principle: will the benefit outweigh the harm? Ethical egoism: to what degree is your choice of alternatives based on your own or your organization's best interest? Action: honoring duty/integrity

Conclusion, decide, determine a course of action.

Justification - defend your decision

Implements the principles of the public forum - makes the news more comprehensive and proportional Sorts out the truth over time; verification, transparency and the open-minded examination monitors the watchdog engages public in what is going on in the world around them

Newsroom opens up to public comments: feedback and comments, the citizens add-on reporter, newsroom citizens "transparency" blogs, the citizen bloghouse. The stand-along citizens journalism sites: mymissourian.com, backfense.com Hybrid model: pro+citizen journalism: open source (public insight journalism) Pro. Journalists shape the story ideas while citizens help do research. Citizens contribute to the majority of the product