Journalism Laws & Rights

1. Journalism Laws & Rights By Kelly Savio and Melissa Wantz

2. Congress shall make no law respecting the 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. First Amendment - 1791

3. A published false statement that is damaging to a person’s reputation; a written defamation Libel

4. The action or crime of making a false spoken statement damaging to a person’s reputation (not writing, pictures, etc…). Oral defamation. Slander

5. Very rarely, but it can happen, and it's important to observe professional standards if you want your work to be taken seriously. You can't be liable for defamation if you just publish a critical opinion about someone or reveal an unpleasant truth. But if you make a false accusation of fact (even one implied in an "opinion" column), then you may have committed defamation. Invasion of privacy occurs when a publication publicizes embarrassing personal information without consent and with no newsworthy justification, such as gossip about a teacher's marital problems. It can also happen if you mislabel a photo so that it gives a false impression that harms a person's reputation ("false light") Can I be sued?

6. Tinker v. Des Moines Independent Community School District • Students maintain their First Amendment rights on school grounds • Marybeth Tinker, armband • Private schools not affected because First Amendment only protects against action by government officials. Tinker -- 1969

7. Court ruled school officials can’t prevent students from expressing their opinions on school rounds, as long as: • Do not cause a material or substantial disruption of the school environment • Intrude on the rights of others Tinker - 1969

8. Principal or other administration reads, reviews or approves the publication before publication • Cannot be challenged legally; they have the right but put themselves at risk for legal action of published content Prior Review

9. Principal or administration can require changes to or removal of content before distribution (deny students right to publish content) • Can be challenged legally • JEA believes prior review is a form of prior restraint because it leads the reviewer to censor and to students self-censoring to assure approval Prior Restraint

10. Missouri high school newspaper wanted to publish articles on divorce and teen pregnancy (1983). Pseudonyms used for quoted students • Principal reviewed articles on night before going to print and cut the two-page spread they were on because there was not enough time to change them to protect identities better. Students found out when the paper returned from the printers. • Three students sued. Hazelwood - 1988

11. School officials can censor student speech for “reasonable educational justification” • Defined distinction between student expression in a “public forum” versus “non-public forum” • Hazelwood publication found not to exist in a public forum so students were allowed a lower level of First Amendment protection • Private schools not affected Hazelwood - 1988

12. Includes extracurricular and independently produced student media • Have greater First Amendment protections • Not subject to Hazelwood standards Public Forum

13. School officials exercise hands-on gatekeeping authority over editorial content • Hazelwood created the distinction between student-initiated speech and curricular speech in settings such as a student newspaper, yearbook or school play Non-public forum

14. Arkansas • California • Colorado • Iowa • Kansas • Kentucky • Massachusetts • Oregon Passed laws guaranteeing all student publications have the right to publish freely, so Hazelwood does not apply to them 7 states

15. Most states (including CA) have some kind of “sunshine laws” • Their purpose is to ensure that the public has access to government records and proceedings. • The government is “by the people, for the people, of the people,” so its proceedings should be transparent. Sunshine Laws

16. Credit: John Darkow, Columbia Tribune

17. Ralph M. Brown Act • CA Public Records Act CA Sunshine Laws

18. Applies to all CA governing bodies • City councils, school boards, boards of supervisors, etc… • Not applicable to private/non-profit organizations Brown Act

19. You have to give advanced notice of meetings. Even special/emergency meetings need to be announced 24 hours in advance. • Agenda should be published before, minutes after. • This happens every time there’s a quorum… even if it’s by accident in a grocery store. Brown Act

20. Certain things they are allowed to discuss in “private” • They still have to tell you they’re going to meet and give you a general idea of what they will talk/talked about in the agenda/minutes • Litigation, personnel issues, hiring, etc Brown Act Exceptions

21. You can look at state and local government public records • You may have to pay a fee, but the fee must be reasonable (cover cost of materials, etc.) • Request during office hours and receive with in a reasonable amount of time (gray area, but about 10 days) CA Public Records Act

22. Can’t look at personnel records (or confidential student records)… • Or investigative records, trade secrets, litigation…. • Some drafts of documents not yet made “official” • Material made confidential by other state or federal statutes. CAPRA

23. You CAN see police reports/ criminal history • Licenses (liquor, teaching credentials, etc) • Court records / transcripts • Megan’s Law information (sex offenders) • Public officials’ salary / benefit information CAPRA

24. Enacted in 1966, and taking effect on July 5, 1967, the Freedom of Information Act (FOIA) provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. (FOIA.gov) FOIA

25. Really came into the spotlight after 9/11 • People wanted to know what the government knew, how it potentially failed us, and what it was going to do about the attacks • The government didn’t want anyone to know what it knew, how it potentially failed us, and what it was going to do (citing “security”) FOIA

26. Some things aren’t public • Troop movements, real matters of public security, etc • But there are stacks and stacks of court cases regarding what’s exempt and what’s public (most dated within the last 13 years) FOIA

27. Family Educational Rights and Privacy Act protects • Grades • Discipline • Financial records • Medical notes • Standardized test scores • RARELY applies to what you’ll be asking for (stats/general trends/no one specific) FERPA

28. First Amendment Heroes

29. Censorship outside of U.S.

30. www.scu.edu • www.firstamendmentcoalition.org • www.spj.org • www.foia.gov • http://ag.ca.gov • oag.ca.gov • http://documents.latimes.com/sunshine/ • http://calaware.org/about • Protocol for Free & Responsible Student News Media • Committee to Project Journalists References

31. With Great Freedom Comes Great Responsibility

32. Be responsible • Defend the First Amendment • Understand your obligation to being a custodian of important information • Think before your publish NSPA Code of Ethics

33. Be fair • Remember to present a balanced story • Keep your personal opinion out of the story • Be sure your reporting things of worth NSPA Code of Ethics

34. Be honest • Do not plagiarize • Do not alter/make up any part of your story • Clearly identify yourself as a reporter NSPA Code of Ethics

35. Be accurate • Double-check as much as possible (especially names!) • Review your story before publication, even if you’re sick of looking at it • Provide necessary context for proper understanding NSPA Code of Ethics

36. Be independent • No freebies for you unless everyone else is getting them (except sporting events and plays) • Don’t publish anything that would open us up to prior review • Don’t cover things that are a conflict of interest NSPA Code of Ethics

37. Minimize harm • Your name and your sources name will be attached to this FOREVER • Report anything potentially dangerous or otherwise life-threatening IMMEDIATELY • NEVER put yourself in danger to cover a story NSPA Code of Ethics

38. Be accountable • Admit mistakes and publicize corrections • Use press passes for journalistic work only • Keep notes/recordings until two weeks after publication • Check with Savio before ANY anonymous sources are used NSPA Code of Ethics

39. POP QUIZ, HOT-SHOT! Yes, there are candy prizes.

40. What are one of the laws/acts protecting our right to access public information in CA, especially government forms, meetings, etc.?

41. What is the acronym for the act designed to protect students’ personal information?

42. Who won the court case protecting students’ First Amendment rights on campus?

43. Which court case said “Just kidding!” to huge sections of Tinker’s case?

44. Does Hazelwood apply to us here at DP?

45. What’s something we can get in trouble for publishing?

46. What’s one guideline in the NSPA code of ethics?

47. What’s another one?

48. What do we NEVER want to have to do with our stories?