1. Journalism Law and Ethics Take notes-they will be graded and you may use them on your test.

2. Steps to FREE PRESS I. John Peter Zenger-1735 II. First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise there of; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

3. Steps to FREE PRESS III. Fourteenth Amendment- State can’t take away rights Gitlow vs. U.S. -1925 State power limited

4. Supreme Court 9 judges Circuit Courts (12) (Usually 3 judges) Federal District Courts (Dealing with U. S. Constitution) State higher courts Appeals Court State Court (Dealing with state constitution) Court System

5. Changing and making laws National- Congress- State- state congress School-School Board Village-Village ordinances

6. Censorship/Prior Review I. Definition- reading prior to distribution, stopping the distribution II. Court Case Near vs. Minnesota 1931 5 to 4 decision III. Implications-Three things can legally be censored A. Obscenity B. Threat to National Security C. Spurs people to violence

7. LIBEL DEFINITION: to write about someone with malice or reckless disregard TO PROVE LIBEL: 1. Person must have lost respect or a financial loss 2. Must be recognized 3. 1 other person seen or heard the libel 4. Writer must be negligent or reckless Must be proven by the person libeled. LIBEL DEFENSES: 1. Truth 2. Qualified privilege-Court reports 3. Fair comment and criticism 4. Lack of fault

8. Privacy Gertz vs. Welch-1974. Persons who throw themselves into the limelight are not guaranteed privacy. Avoid invasion suits A. Be honest with sources B. Write about news worthy events

9. Things that constitutes invasion of privacy A. INTRUSION-tresspassing on property to get private information. B. PRIVATE FACTS-embarrasing personal information. C. FALSE LIGHTS-Showing a person something he did, or saying something he did. D. APPROPRIATION-Using names likeness for commercial gain. Who has a right to privacy in a case where there are victims? Ethical decision Truth is NOT a defense. Newsworthiness is a defense. Matter of public record is a defense. Privacy

10. Tape recording an interview laws are regulated by the states. In the state of Illinois “ an eavesdropping device cannot be used to record or overhear a conversation without the consent of all parties to the conversation. (720 Ill. Compiled Stat. Ann. 5/14-1, -2). An eavesdropping device is defined as anything used to hear or record a conversation, even if the conversation is conducted in person.” “The eavesdropping provisions do not prohibit private citizens from electronically recording the proceedings of any meeting covered as a Open Meetings Act.” SPLC.org Privacy

11. Privacy Protection Act of 1980 (PPA) “The PPA provides members of the media protection from most newsroom searches and seizures by government officials engaged in a criminal investigation. The PPA divides materials into (1) “work product” materials and (2) “documentary” materials and the law provides different protections and exceptions depending on the type of material involved.” http://www.splcenter.org/ Your lawyer Student Press Law Center Privacy

12. Miller vs. California 1973 This case defined obscenity Not protected by the First Amendment Definition-Obscenity must: 1. lack value 2. Violate community standards 3. have offensive sexual content New York vs. Ferber 1982 Minors have different standards than adults Obscenity

13. Protects literary/creative expression for product. seven categories: literaturechoreography musicalPhoto dramaticaudio sound Criteria to prove copyright violation- A. ownership B. Notice- Let people know it’s your work- @ 2012- Janet Levin (not required after 1989) C. registration- $35 per form http://www.copyright.gov/docs/fees.html D. Infringement 1. work was not original 2. access to work 3. Substantial portion used 4. Closeness in similarity Copyright

14. “Fair Use” is a defense for copyright A. Purpose (educational) B. Nature of work (out of print- lenient) C. Amount of work- percent used D. Effect on market value-copied work Exs. For review purposes (nonprofit) T.V.- videotaping for 45 days Trademarks- logo - change 7 ways Internet use- Check privacy statement- For ENTERTAINMENT pictures- use the company producing the product. E-mail and request permission others. Copyright

15. Cyberspace laws A federal law passed in 1996 -Section 230 of the Communications Decency Act 2 states that interactive computer service providers (often referred to as ISPs or OSPs) are not liable for information provided by other sources. So online responses to a web page is not responsible for content from others.

16. Student Press Rights Tinker vs. Des Moines -1969 -Students do not lose their rights at the school house gates. -What can be censored in student expression. -1. Obscenity -2. Libel -3. Disruption of educational process Bethel School District vs. Fraser -1986 - Student was found guilty of being obscene and the school district had a right to punish him.

17. Hazelwood vs. Kulmeier-1988 Students may be censored by the principal since it is a part of the school’s curriculum. Only student newspaper case ever heard by the Supreme Court. State Student Free Expression Laws Arkansas, California, Colorado, Iowa, Kansas and Massachusetts each have a state law (sometimes called anti-Hazelwood laws) protecting student free expression rights. Pennsylvania and Washington state have state administrative code provisions providing student expression protection. earch | Student Press Rights

18. Dean Vs. Uttica -2004- FEDERAL DISTRICT court Decision. This case is about a newspaper article about a couple suing the Uttica Community school district in Michigan- was censored by the school principal. Katy Dean later sued and won the case because her newspaper was a limited-open forum. Showing two- tiers of school newspapers. Student Press Rights

19. School publications can declare themselves public forums and work as public forums and then have a better chance of winning a court case against censorship. The Correspondent as worked as public forum throughout its history.