Week 13: Journalism 2001Week 13: Journalism 2001

December 1, 2008December 1, 2008

Final In-Class AssignmentsFinal In-Class Assignments

December 1:December 1:– GLBTA Panel Story:GLBTA Panel Story:

Story due Wednesday, December 3Story due Wednesday, December 3 No more than 400 wordsNo more than 400 words Email to lkragnes@d.umn.eduEmail to lkragnes@d.umn.edu

December 8:December 8:– Amy Rutledge InterviewAmy Rutledge Interview

No more than 400 wordsNo more than 400 words Story due Wednesday, December 10Story due Wednesday, December 10 Email to lkragnes@d.umn.eduEmail to lkragnes@d.umn.edu

Review of last week’s newsReview of last week’s news

Hard News:Hard News:(murders, city council, government, etc.)(murders, city council, government, etc.)– Major local storiesMajor local stories– Major national/international storiesMajor national/international stories– Major sports storiesMajor sports stories

Soft News:Soft News:(retirements, school programs, human interest)(retirements, school programs, human interest)– Local storiesLocal stories– National/international storiesNational/international stories– Sports storiesSports stories

Ashley knows Words Matter!Ashley knows Words Matter!

Is the other side better?Is the other side better?

New look for the New look for the Duluth News-TribuneDuluth News-Tribune

Rob Karwath Column:Rob Karwath Column:– Changes to meet our challenges and Changes to meet our challenges and

your needs:your needs: http://www.duluthnewstribune.com/event/http://www.duluthnewstribune.com/event/

article/id/79433/article/id/79433/

Chapter 26: LawChapter 26: Law

First AmendmentFirst AmendmentCongress shall make no law respecting Congress shall make no law respecting an establishment of religion, or an establishment of religion, or prohibiting the free exercise thereof; prohibiting the free exercise thereof; or abridging the freedom of speech, or or abridging the freedom of speech, or of the press; or the right of the people of the press; or the right of the people peaceably to assemble, and to petition peaceably to assemble, and to petition the Government for a redress of the Government for a redress of grievances.grievances.— The First Amendment to the U.S. — The First Amendment to the U.S. ConstitutionConstitution

Reporters and their sourcesReporters and their sources

Shield LawsShield Laws– Statutory laws to protect reporters from Statutory laws to protect reporters from

revealing sourcesrevealing sources– Each state has different interpretationEach state has different interpretation– What does Minnesota have?What does Minnesota have?

Fair trial vs. free pressFair trial vs. free press

Conflict between First Amendment Conflict between First Amendment and Sixth Amendmentand Sixth Amendment– Sixth amendment: Rights of the accused Sixth amendment: Rights of the accused

to a speedy and public trial by an to a speedy and public trial by an impartial juryimpartial jury

Why would there be a conflict?Why would there be a conflict? Jury DutyJury Duty

Where to learn moreWhere to learn more

Minnesota statutesMinnesota statutes U.S. Supreme CourtU.S. Supreme Court Federal circuit courtsFederal circuit courts Online legal researchOnline legal research

LibelLibel

Libel: Communication of false Libel: Communication of false information that damages an information that damages an individual in his or her profession, individual in his or her profession, business or calling.business or calling.– Six requirements for libel action:Six requirements for libel action:

PublicationPublication IdentificationIdentification Defamatory nature of the storyDefamatory nature of the story Proof of falsityProof of falsity Proof of faultProof of fault Actual damage to reputationActual damage to reputation

““Red Flag” Words: Libel & Red Flag” Words: Libel & PrivacyPrivacy

adulteryadultery blackmailblackmail confidence confidence manman

drunkarddrunkard

AIDSAIDS blockheadblockhead corruptioncorruption ex-convictex-convict

alcoholicalcoholic booze-houndbooze-hound cowardcoward fraudfraud

altered altered recordsrecords

briberybribery crookcrook gambling dengambling den

Ambulance Ambulance chaserchaser

brothelbrothel deadbeatdeadbeat gangstergangster

AtheistAtheist buys votesbuys votes deadheaddeadhead gaygay

bad moral bad moral charactercharacter

cheatscheats defaulterdefaulter graftgraft

BankruptBankrupt child abusechild abuse divorceddivorced groveling groveling office seekeroffice seeker

bigamistbigamist collusioncollusion double-double-crossedcrossed

herpesherpes

blacklistedblacklisted con artistcon artist drug abuserdrug abuser hit-manhit-man

hypocritehypocrite manipulatemanipulate rape/rapistrape/rapist stool pigeonstool pigeon

illegitimateillegitimate mental illnessmental illness scamscam stuffed the ballot stuffed the ballot boxbox

illicit relationillicit relation mobstermobster scandalmongerscandalmonger suicidesuicide

incompetentincompetent moral moral delinquencydelinquency

scoundrelscoundrel swindleswindle

infidelityinfidelity mouthpiecemouthpiece seducerseducer takentaken

informerinformer Neo-NaziNeo-Nazi sharp dealingsharp dealing thiefthief

insider tradinginsider trading paramourparamour shystershyster unethicalunethical

intimateintimate peeping Tompeeping Tom slackerslacker unmarried motherunmarried mother

intoleranceintolerance perjurerperjurer smooth and trickysmooth and tricky unprofessionalunprofessional

Jekyll-Hyde Jekyll-Hyde personalitypersonality

plagiaristplagiarist smugglersmuggler unsound mindunsound mind

kept womankept woman pockets public pockets public fundsfunds

sneakysneaky unworthy of creditunworthy of credit

Ku Klux KlanKu Klux Klan price cutterprice cutter sold influencesold influence vice denvice den

liarliar profiteeringprofiteering sold outsold out villainvillain

MafiaMafia prostituteprostitute spyspy fawning fawning sycophantsycophant

Classes of libelous wordsClasses of libelous words

Words imputing the commission of a Words imputing the commission of a criminal offensecriminal offenseAvoid:Avoid:

John Doe was taken into custody Wednesday John Doe was taken into custody Wednesday for murdering Sally Smith Tuesday night.for murdering Sally Smith Tuesday night.

Better:Better:

John Doe was taken into custody Wednesday John Doe was taken into custody Wednesday in connection with (or in the investigation of) in connection with (or in the investigation of) the Tuesday night slaying of Sally Smith.the Tuesday night slaying of Sally Smith.

Words that impute infection with a Words that impute infection with a loathsome communicable disease of loathsome communicable disease of any kind that would tend to exclude any kind that would tend to exclude one from society.one from society.Is this news?:Is this news?:

John Doe, who was elected Wednesday John Doe, who was elected Wednesday to be president of the local chapter of to be president of the local chapter of the Fellowship of Christian Athletes, was the Fellowship of Christian Athletes, was treated last summer for a venereal treated last summer for a venereal disease, the Daily Bugle has learned.disease, the Daily Bugle has learned.

Words that impute inability to perform, or Words that impute inability to perform, or want of integrity in the discharge of, duties of want of integrity in the discharge of, duties of office or employment.office or employment.Don’t write:Don’t write:

Public school groundskeeper John Doe is unfit by Public school groundskeeper John Doe is unfit by temperament and intelligence to adequately temperament and intelligence to adequately perform his duties, sources who wish to remain perform his duties, sources who wish to remain anonymous said Wednesday.anonymous said Wednesday.

Words that prejudice a particular person in his Words that prejudice a particular person in his or her profession or trade.or her profession or trade.Don’t write:Don’t write:

Attorney John Doe, who will represent the widow in Attorney John Doe, who will represent the widow in the embezzlement case, is the most incompetent the embezzlement case, is the most incompetent lawyer in town, according to courthouse observers.lawyer in town, according to courthouse observers.

Defamation by implicationDefamation by implication

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

QuotationsQuotations

Reporter/news medium must assume Reporter/news medium must assume responsibility for the statement if it is usedresponsibility for the statement if it is used– The fact that information was provided by a The fact that information was provided by a

source does not necessarily mean that it is source does not necessarily mean that it is correct.correct.

– Beware of off-the-record tips passed along by Beware of off-the-record tips passed along by sources, even high-ranking officials or law sources, even high-ranking officials or law enforcement officers.enforcement officers. Don’t write: Police said that the alleged crook is in Don’t write: Police said that the alleged crook is in

custody.custody. Instead: Police said that the man charged with the Instead: Police said that the man charged with the

crime is in custody.crime is in custody.

Defenses against libelDefenses against libel

Conditional defensesConditional defenses– Privilege of reporting: Fair, accurate Privilege of reporting: Fair, accurate

reporting of official proceedingsreporting of official proceedings– Fair comment and criticism: Applies to Fair comment and criticism: Applies to

opinions about matters of public concernopinions about matters of public concern– Neutral reportage: Report charges made Neutral reportage: Report charges made

by one responsible person or by one responsible person or organization about another when both organization about another when both parties are involved in a public parties are involved in a public controversycontroversy

Absolute libel defensesAbsolute libel defenses

Statute of limitationsStatute of limitations– Two years in MinnesotaTwo years in Minnesota

TruthTruth Privilege of participantPrivilege of participant

– Participants in official proceedingsParticipants in official proceedings Consent or authorizationConsent or authorization Self-defense or right of replySelf-defense or right of reply

Partial defensesPartial defenses

Publication of a retraction: Clear Publication of a retraction: Clear admission of erroneous reportingadmission of erroneous reporting

Facts showing no gross negligence or Facts showing no gross negligence or ill willill will

Facts showing that the reporter Facts showing that the reporter relied on a usually reliable sourcerelied on a usually reliable source

The actual malice standardThe actual malice standard

The New York Times ruleThe New York Times rule– New York Times Co. v. Sullivan: 1964New York Times Co. v. Sullivan: 1964

Supreme Court: To collect damages, a public official Supreme Court: To collect damages, a public official would have to prove the defendant acted with “actual would have to prove the defendant acted with “actual malice;” knowledge that it was false or with reckless malice;” knowledge that it was false or with reckless disregard of whether it was false or not.disregard of whether it was false or not.

– 1967: Supreme Court said that public figures, in 1967: Supreme Court said that public figures, in addition to public officials, also have to show addition to public officials, also have to show actual malice to recover libel damages.actual malice to recover libel damages.

Bottom line:Bottom line:

More protection from libel action if More protection from libel action if plaintiff is a public personplaintiff is a public person..

Libel in cyberspaceLibel in cyberspace

Distributor vs. publisherDistributor vs. publisher 1996: Communications Decency Act1996: Communications Decency Act

– Protects online service providers from Protects online service providers from liability for publication of defamatory liability for publication of defamatory materialmaterial

Checklist for dealing with Checklist for dealing with libellibel

Be aggressive – but don’t take foolish Be aggressive – but don’t take foolish risksrisks

Be fair – keep an open mindBe fair – keep an open mind Seek advice if you are unsure of your Seek advice if you are unsure of your

turfturf

Sports broadcasting errorsSports broadcasting errors

When an apology is not enoughWhen an apology is not enough– http://www.nytimes.com/2008/01/11/http://www.nytimes.com/2008/01/11/

sports/golf/11sandomir.htmlsports/golf/11sandomir.html

Chapter 13: ObituariesChapter 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 One of the most highly read section of the newspapernewspaper

– Each paper has different policies on obituariesEach paper has different policies on obituaries– Often front-page newsOften front-page news

Capturing the flavor of a lifeCapturing the flavor of a life– Ronald ReaganRonald Reagan– Shirley ChisholmShirley Chisholm– Pope John Paul IIPope John Paul II– Bob HopeBob Hope– Rodney DangerfieldRodney Dangerfield

Often published free of chargeOften published free of charge

When an obituary is newsWhen an obituary is news

Rob Karwath Column, Duluth News-Rob Karwath Column, Duluth News-Tribune Column:Tribune Column:– In tragic or good times, Web brings us In tragic or good times, Web brings us

closer to readerscloser to readers

Typical content of obitsTypical content of obits Full nameFull name AddressAddress Date of deathDate of death Cause of deathCause of death

– How to handle suicides?How to handle suicides? AgeAge OccupationOccupation AccomplishmentsAccomplishments Time and date of services, visitation informationTime and date of services, visitation information Place of burial, memorial informationPlace of burial, memorial information Names of survivorsNames of survivors

In the newsIn the news

U.S. Supreme Court Ruling about U.S. Supreme Court Ruling about Wiccan symbols:Wiccan symbols:– http://www.startribune.com/484/story/11http://www.startribune.com/484/story/11

38325.html38325.html

Sources of informationSources of information

Funeral homesFuneral homes FamiliesFamilies Confirming informationConfirming information Avoiding hoaxesAvoiding hoaxes eHow: How to write an obituaryeHow: How to write an obituary

– http://www.ehow.com/how_3456_write-obituaryhttp://www.ehow.com/how_3456_write-obituary.html.html

Let’s look at some Let’s look at some obituariesobituaries

Minneapolis Star TribuneMinneapolis Star Tribune New York TimesNew York Times Los Angeles TimesLos Angeles Times CloquetCloquet Pine Journal Pine Journal

Ethics CaseEthics Case

Killing news: Killing news: Responsible coverage of Responsible coverage of suicidessuicides– http://journalism.indiana.edu/resources/ethics/shttp://journalism.indiana.edu/resources/ethics/s

ensitive-news-topics/killing-news-responsible-censitive-news-topics/killing-news-responsible-coverage-of-suicides/overage-of-suicides/

Sharing the community’s grief: Sharing the community’s grief: Little Little Rock news coverage of 3 teenage Rock news coverage of 3 teenage suicidessuicides– http://journalism.indiana.edu/resources/ethics/shttp://journalism.indiana.edu/resources/ethics/s

ensitive-news-topics/sharing-the-communitys-gensitive-news-topics/sharing-the-communitys-grief/rief/

Upcoming storiesUpcoming stories

Feature Story AssignmentFeature Story Assignment– Final article due: Next Monday, Final article due: Next Monday,

December 8December 8 Final eportfolio project: Due Final eportfolio project: Due

December 15December 15 Final Exam: December 15, 6 p.m.Final Exam: December 15, 6 p.m.

Out-of-Class Assignment Due Out-of-Class Assignment Due TodayToday

Red Lake cartoon controversyRed Lake cartoon controversy Jim Heffernan column/reactionJim Heffernan column/reaction

Final Out-of-Class Final Out-of-Class AssignmentAssignment

Is Josh Wolf a journalist?Is Josh Wolf a journalist? Share your opinion with me in 300 words or Share your opinion with me in 300 words or

lessless Information about Josh Wolf on:Information about Josh Wolf on:

– http://en.wikipedia.org/wiki/Josh_Wolf_(journalist)http://en.wikipedia.org/wiki/Josh_Wolf_(journalist)– http://www.time.com/time/business/article/http://www.time.com/time/business/article/

0,8599,1607327,00.html0,8599,1607327,00.html Let’s watch news coverage of his releaseLet’s watch news coverage of his release

– http://cbs5.com/video/?http://cbs5.com/video/?id=22162@kpix.dayport.comid=22162@kpix.dayport.com

EgradebookEgradebook

Doublecheck assignments correct in Doublecheck assignments correct in egradebook:egradebook:– http://www.d.umn.edu/egradebookhttp://www.d.umn.edu/egradebook

PortfolioPortfolio

Store academic information on your Store academic information on your Electronic Portfolio. Each student has Electronic Portfolio. Each student has 100 mb of storage.100 mb of storage.

Access Electronic Portfolio at: Access Electronic Portfolio at: https://https://portfolio.umn.edu/portfolio/index.jspportfolio.umn.edu/portfolio/index.jsp