Week 13: Journalism 2001

1. Week 13: Journalism 2001 December 6, 2010

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

3. Words Matter!

4. Is the other side better?

5. A student contribution!

6. Upcoming stories • Feature Story Assignment • Final article due: Next Monday, December 13 • Final eportfolio project: Due December 17 • Final Exam: December 17 • 6 p.m. • Humanities 484

7. Let’s review:Organizing a feature story • Choose the theme • Do research, organize story around theme • Each section – beginning, body, end – revolve around theme • Narrow your theme • Has the story been done before? • The audience • Holding power • Worthiness

8. Write the lead • Usually avoid summary leads • Tough to summarize feature in opening paragraph • Lead possibilities endless: • Narrative, contrast, staccato, direct address, etc. • Lead block: two or more paragraphs • Write the body • Vital information while educating, entertaining and emotionally tying reader to the subject • Provide background information

9. Use a thread • Can be single person, event or thing that highlights theme of the story • Use transitions • Transitions hold paragraphs together and helps writers move from one person or area to the next • Common transition words: meanwhile, therefore, sometimes, also, and, but, meantime, nevertheless, however

10. Use dialogue • Keeps readers attached to a story’s key players • Helps to introduce sources • Use voice • Subjective expression of writer • Writer’s signature or personal style • More license to reveal opinions, personality • Write the ending • Can trail off, or end with a climax • Often ends where the lead started • End with a quote

11. Let’s go to NewsU • http://www.newsu.org/ • Get Me Rewrite: The Craft of Revision

14. Chapter 7: Law • 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

15. Media rights • Privileges and protections for journalistic activities. • Access to government operations and records. Rights fall into two main categories:

16. Media rights • Fair report privilege • Allows journalists to report anything said in official government proceedings. • Must be accurate and fair. Privilege and protection for sources and stories • Opinion privilege • Protects written opinions from libel suits. • Distinction between facts and opinion.

17. Media rights • Allows journalists to criticize performers, politicians and other matters of public interest. Privilege and protection… • Fair comment and criticism • Freedom from newsroom searches • Shield laws

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

19. Fair trial vs. free press • 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? • Jury Duty

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

21. Open courtrooms The issues • Does media coverage harm trial defendants? • Do cameras turn courtrooms into circuses? • Should press be banned from some trials? The law • U.S. Supreme Court ruled that criminal trials must remain open to the media except for “overriding interest.”

22. Open meetings The issues • Should public officials be allowed to make decisions behind closed doors? • At what point does government secrecy become a threat? The law • Varies by state. • Generally, if the government board or commission receives revenue from taxes, subject to open meeting laws.

23. Open records The issues • Should all government records be accessible to the public? • Who decides what is off-limits? The law • 1966 Freedom of Information Act requires federal agencies to make most of their records available. • Every state has own version of FOIA.

24. Online resources • The Reporters Committee for Freedom of the Press (www.rcfp.org) • “How to Use the Federal FOI Act” • “Tapping Officials’ Secrets” • “Can We Tape?” • Legal Defense Hotline (1-800-336-4235) • Student Press Law Center (www.splc.org) • “Open records Law Request Letter Generator” • SPLC Virtual Lawyer

25. Media wrongs Reporter’s Guide to Trouble • Stories that can get you jailed • Contempt of court • Trespassing • Sedition • Stories that can get you sued • Libel • Invasion of privacy • Breach of contract

26. Media wrongs Reporter’s Guide to Trouble • Stories that can get you fired • Plagiarism • Fabrication • Lapses in ethics • Stories that can get you angry phone calls • Bias • Bad taste • Blunders & bloopers

27. Understanding libel Beginning reporter’s guide to libel • Who can sue for libel? • Living people. • Small groups. • Who is it that gets sued? • Usually, the publication. • What is libel? • False statements and • Defamatory and • Published and • Identifiable plaintiffs and • Defendant must beat fault through negligence or malice.

28. “Red Flag” Words: Libel & Privacy

30. Classes of libelous words • Words imputing the commission of a criminal offense Avoid: 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.

31. 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.

32. 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. 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.

33. Defamation by implication • 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.

34. Quotations • 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.

35. Defenses against libel • 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

36. Understanding libel • How do I defend myself? • Truth • Consent • Privilege • How can I avoid libel? • Verify material. • Allow people to defend themselves. • Remember, public officials often make “unofficial” claims. • If you make mistake, correct it.

37. Understanding libel The Cherry Sisters vs. “Fair Comment and Criticism” • Iowa supreme court – “Any performance to which the public is invited may be freely criticized.” • “Also, any editor may publish reasonable comments on that performance.”

38. Understanding libel • Actual malice–knowing you are lying or disregarding the truth • Opinion–ideas that don’t claim to be factual • Slander – defamation that is spoken A lexicon of libel • Public official –someone who exercises power or influence in governmental affairs • Public figure – person who has acquired fame or notoriety

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

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

41. The actual malice standard • 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.

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

49. Out-of-Class Assignments • Due Today: • Textbook Quiz/Second feature story draft • Due December 13: • Review of journalist interviews

50. In-Class Assignment • News Releases