Week 13: Journalism 2001 December 1, 2008

Final In-Class Assignments December 1: December 1: –GLBTA Panel Story:  Story due Wednesday, December 3  No more than 400 words  to December 8: December 8: –Amy Rutledge Interview  No more than 400 words  Story due Wednesday, December 10  to

Review of last week’s news Hard News: Hard News: (murders, city council, government, etc.) –Major local stories –Major national/international stories –Major sports stories Soft News: Soft News: (retirements, school programs, human interest) –Local stories –National/international stories –Sports stories

Ashley knows Words Matter!

Is the other side better?

New look for the Duluth News-Tribune Rob Karwath Column: Rob Karwath Column: –Changes to meet our challenges and your needs:  d/79433/ d/79433/ d/79433/

Chapter 26: Law First Amendment First Amendment First Amendment First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; 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. — The First Amendment to the U.S. Constitution

Reporters and their sources Shield Laws Shield Laws –Statutory laws to protect reporters from revealing sources –Each state has different interpretation –What does Minnesota have?

Fair trial vs. free press Conflict between First Amendment and Sixth Amendment Conflict between First Amendment and Sixth Amendment –Sixth amendment: Rights of the accused to a speedy and public trial by an impartial jury Why would there be a conflict? Why would there be a conflict? Jury Duty Jury Duty

Where to learn more Minnesota statutes Minnesota statutes Minnesota statutes Minnesota statutes U.S. Supreme Court U.S. Supreme Court U.S. Supreme Court U.S. Supreme Court Federal circuit courts Federal circuit courts Federal circuit courts Federal circuit courts Online legal research Online legal research Online legal research Online legal research

Libel Libel: Communication of false information that damages an individual in his or her profession, business or calling. Libel: Communication of false information that damages an individual in his or her profession, business or calling. –Six requirements for libel action:  Publication  Identification  Defamatory nature of the story  Proof of falsity  Proof of fault  Actual damage to reputation

“Red Flag” Words: Libel & Privacy adulteryblackmail confidence man drunkard AIDSblockheadcorruptionex-convict alcoholicbooze-houndcowardfraud altered records briberycrook gambling den Ambulance chaser brotheldeadbeatgangster Atheist buys votes deadheadgay bad moral character cheatsdefaultergraft Bankrupt child abuse divorced groveling office seeker bigamistcollusiondouble-crossedherpes blacklisted con artist drug abuser hit-man

hypocritemanipulaterape/rapist stool pigeon illegitimate mental illness scam stuffed the ballot box illicit relation mobsterscandalmongersuicide incompetent moral delinquency scoundrelswindle infidelitymouthpieceseducertaken informerNeo-Nazi sharp dealing thief insider trading paramourshysterunethical intimate peeping Tom slacker unmarried mother intoleranceperjurer smooth and tricky unprofessional Jekyll-Hyde personality plagiaristsmuggler unsound mind kept woman pockets public funds sneaky unworthy of credit Ku Klux Klan price cutter sold influence vice den liarprofiteering sold out villain Mafiaprostitutespy fawning sycophant

Classes of libelous words Words imputing the commission of a criminal offense Words imputing the commission of a criminal offenseAvoid: John Doe was taken into custody Wednesday for murdering Sally Smith Tuesday night. Better: John Doe was taken into custody Wednesday in connection with (or in the investigation of) the Tuesday night slaying of Sally Smith.

Words that impute infection with a loathsome communicable disease of any kind that would tend to exclude one from society. Words that impute infection with a loathsome communicable disease of any kind that would tend to exclude one from society. Is this news?: John Doe, who was elected Wednesday to be president of the local chapter of the Fellowship of Christian Athletes, was treated last summer for a venereal disease, the Daily Bugle has learned.

Words that impute inability to perform, or want of integrity in the discharge of, duties of office or employment. Words that impute inability to perform, or want of integrity in the discharge of, duties of office or employment. Don’t write: Public school groundskeeper John Doe is unfit by temperament and intelligence to adequately perform his duties, sources who wish to remain anonymous said Wednesday. Words that prejudice a particular person in his or her profession or trade. Words that prejudice a particular person in his or her profession or trade. Don’t write: Attorney John Doe, who will represent the widow in the embezzlement case, is the most incompetent lawyer in town, according to courthouse observers.

Defamation by implication Implication created by the reporter’s organization of facts. Implication created by the reporter’s organization of facts. John Jones was seen entering the Shady Oaks motel yesterday with a woman. The motel is located in a known prostitution area.

Quotations Reporter/news medium must assume responsibility for the statement if it is used Reporter/news medium must assume responsibility for the statement if it is used –The fact that information was provided by a source does not necessarily mean that it is correct. –Beware of off-the-record tips passed along by sources, even high-ranking officials or law enforcement officers.  Don’t write: Police said that the alleged crook is in custody.  Instead: Police said that the man charged with the crime is in custody.

Defenses against libel Conditional defenses Conditional defenses –Privilege of reporting: Fair, accurate reporting of official proceedings –Fair comment and criticism: Applies to opinions about matters of public concern –Neutral reportage: Report charges made by one responsible person or organization about another when both parties are involved in a public controversy

Absolute libel defenses Statute of limitations Statute of limitations –Two years in Minnesota Truth Truth Privilege of participant Privilege of participant –Participants in official proceedings Consent or authorization Consent or authorization Self-defense or right of reply Self-defense or right of reply

Partial defenses Publication of a retraction: Clear admission of erroneous reporting Publication of a retraction: Clear admission of erroneous reporting Facts showing no gross negligence or ill will Facts showing no gross negligence or ill will Facts showing that the reporter relied on a usually reliable source Facts showing that the reporter relied on a usually reliable source

The actual malice standard The New York Times rule The New York Times rule –New York Times Co. v. Sullivan: 1964  Supreme Court: To collect damages, a public official would have to prove the defendant acted with “actual malice;” knowledge that it was false or with reckless disregard of whether it was false or not. –1967: Supreme Court said that public figures, in addition to public officials, also have to show actual malice to recover libel damages. Bottom line: More protection from libel action if plaintiff is a public person.

Libel in cyberspace Distributor vs. publisher Distributor vs. publisher 1996: Communications Decency Act 1996: Communications Decency Act –Protects online service providers from liability for publication of defamatory material

Checklist for dealing with libel Be aggressive – but don’t take foolish risks Be aggressive – but don’t take foolish risks Be fair – keep an open mind Be fair – keep an open mind Seek advice if you are unsure of your turf Seek advice if you are unsure of your turf

Sports broadcasting errors When an apology is not enough When an apology is not enough – olf/11sandomir.html olf/11sandomir.htmlhttp:// olf/11sandomir.html

Chapter 13: Obituaries Writing obits: A fate worse than death? Writing obits: A fate worse than death? –One of the most highly read section of the newspaper –Each paper has different policies on obituaries –Often front-page news Capturing the flavor of a life Capturing the flavor of a life –Ronald Reagan –Shirley Chisholm –Pope John Paul II –Bob Hope –Rodney Dangerfield Often published free of charge Often published free of charge

When an obituary is news Rob Karwath Column, Duluth News- Tribune Column: Rob Karwath Column, Duluth News- Tribune Column: –In tragic or good times, Web brings us closer to readers

Typical content of obits Full name Full name Address Address Date of death Date of death Cause of death Cause of death –How to handle suicides? Age Age Occupation Occupation Accomplishments Accomplishments Time and date of services, visitation information Time and date of services, visitation information Place of burial, memorial information Place of burial, memorial information Names of survivors Names of survivors

In the news U.S. Supreme Court Ruling about Wiccan symbols: U.S. Supreme Court Ruling about Wiccan symbols: – 25.html 25.htmlhttp:// 25.html

Sources of information Funeral homes Funeral homes Families Families Confirming information Confirming information Avoiding hoaxes Avoiding hoaxes eHow: How to write an obituary eHow: How to write an obituary –

Let’s look at some obituaries Minneapolis Star Tribune Minneapolis Star Tribune Minneapolis Star Tribune Minneapolis Star Tribune New York Times New York Times New York Times New York Times Los Angeles Times Los Angeles Times Los Angeles Times Los Angeles Times Cloquet Pine Journal Cloquet Pine Journal Cloquet Pine Journal Cloquet Pine Journal

Ethics Case Killing news: Responsible coverage of suicides Killing news: Responsible coverage of suicides – s/sensitive-news-topics/killing-news- responsible-coverage-of-suicides/ s/sensitive-news-topics/killing-news- responsible-coverage-of-suicides/ s/sensitive-news-topics/killing-news- responsible-coverage-of-suicides/ Sharing the community’s grief: Little Rock news coverage of 3 teenage suicides Sharing the community’s grief: Little Rock news coverage of 3 teenage suicides – s/sensitive-news-topics/sharing-the- communitys-grief/ s/sensitive-news-topics/sharing-the- communitys-grief/ s/sensitive-news-topics/sharing-the- communitys-grief/

Upcoming stories Feature Story Assignment Feature Story Assignment –Final article due: Next Monday, December 8 Final eportfolio project: Due December 15 Final eportfolio project: Due December 15 Final Exam: December 15, 6 p.m. Final Exam: December 15, 6 p.m.

Out-of-Class Assignment Due Today Red Lake cartoon controversy Red Lake cartoon controversy Jim Heffernan column/reaction Jim Heffernan column/reaction

Final Out-of-Class Assignment Is Josh Wolf a journalist? Is Josh Wolf a journalist? Share your opinion with me in 300 words or less Share your opinion with me in 300 words or less Information about Josh Wolf on: Information about Josh Wolf on: – – ,00.html ,00.htmlhttp:// ,00.html Let’s watch news coverage of his release Let’s watch news coverage of his release

Egradebook Doublecheck assignments correct in egradebook: Doublecheck assignments correct in egradebook: –

Portfolio Store academic information on your Electronic Portfolio. Each student has 100 mb of storage. Store academic information on your Electronic Portfolio. Each student has 100 mb of storage. Access Electronic Portfolio at: sp Access Electronic Portfolio at: sp sp sp