76 terms

Journalism Final

These are flashcards for test # 3
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Class definition of Journalism
Journalism is a set of transparent, independent procedures aimed at gathering, verifying, and reporting truthful information of consequence to citizens in a democracy.
Jayson Blair
Plagiarized. Wrote for the New York Times.
Brian Walski
Photographer that photoshopped two images together.
Why is Plagiarism bad?
It violates ethics of Journalism- honesty, integrity
What are ethics?
Whats right and wrong. What humans ought to do morally, laws of society.
W. D. Ross
developed a moral framework based on the idea that our intuition can tell us what our ethical duties are. Prima Facie duties
Prima Facie??
(at first blush) self-evident, obvious, universal, intuitively universal. there are imperfect and perfect duties
How are the perfect and imperfect duties different?
Perfect: Strictly binding- should do them all the time
Imperfect: Strongly encouraged; should do them if you can
What are the perfect duties?
Fidelity- keep your promises
Non-maleficence- Avoid causing harm
Reparation- make up for the harm you've caused
Respect for persons (including yourself)
Formal Justice- treat people equally
What are the imperfect duties?
Beneficence- do what you can to improve the lives of others
Gratitude- show appreciation for what others have done for you
Distributive Justice
Honesty- avoid misleading people into believing things that aren't true
Self-improvement- work to develop your moral, intellectual and physical qualities
Kevin Carter?
Took a picture of a malnourished girl in Sudan in front of a vulture
Deontological duties
Some actions are right and some are wrong
Focuses on the action
ethics are absolute, doesn't matter what the ends are
Journalism that's deontological- Brutally honest
Kant's Categorical Imperative
Focuses on the actor
Act as though everything you do, you would consider Universal law. If you wouldn't want someone else to do it, you shouldn't either.
Teleological Ethics
Focuses on the result.
Do the ends justify the means?
ethics are not absolute but relative to the situation
Journalism that's Teleological- intentions most important
John Stuart Mill's Utilitarianism
An act's rightness is determined by it's measure of good result.
Actions are ethical if they do good for the majority of the people.
Virtue Ethics
virtue leads to moral character and effective action
Journalism that's Virtuous- consults people with wisdom
Golden Mean (aristotle)
Virtue lies at the mean (middle) between two extremes
Cowardice- mean: courage
Stinginess- mean: generosity
What are codes of ethics?
a code consists of guiding principles about what a person in a role/profession in society should and shouldn't do morally
Examples of invasions of privacy
Physical intrusion
publicly disclosing private, embarrassing, and/or irrelevant facts
Misappropriating one's name/image for advantage
Important to ask if the public needs to know, or wants to know
issues with anonymous sources
They may not have accurate information
Hard to varify
Veracity of information
Who is telling the truth?
How much do they know?
Sensitive topics
No one to hold responsible for consequences
Possible justifications for lying to get a story?
If it's significant, demands urgent attention or media attention.
Only make this exception for extenuating circumstances
Examples of ethical issues in Journalism
Conflict of interest: professional, personal, and/or financial obligations or interests that compete with journalist's obligation to his/her outlet and audience.
Photo manipulation
can make a subject feel exploited
feel less accountable
create false reality
Three steps in organized thinking
Duties
Codes
Decision making
Reflection in organized thinking
What are all the important elements of the situation we face?
Justification in Organized thinking
How will we explain our decision to others?
Consistancy
Our decisions can't be random
9 steps for ethical decision making
1) Start with an open mind
2) Get all the facts you can
3) Listen to your gut
4) Identify duties at stake
5) Figure our what kind of conflict you're facing
*ethical dilemma?
*ethical distress?
6) Brainstorm and Analyze
7) Reach a conclusion
8) Try to minimize any harm your decision may cause
9) Look toward the future
What are the 5 freedoms of first amendment?
Freedom of speech, freedom of press, freedom to petition, freedom to assemble, freedom of religion
What is defamation?
Any intentional false communication that harms a person's reputation; decreases respect, regard or confidence in which one is held, or disagreeable opinions or feelings against a person
Libel
A written defamation of a person's character, reputation, business, or property rights.
Slander
Spoken defamation of a person's character, reputation, business or property rights.
what does the supreme court do?
Functions like umpires- call the shots
It's a lifetime job, usually the place of final decisions
They interpret the constitution
precedent- what prior cases apply
lower court jurisprudence
Supreme court opinions
Supreme courts written decisions (of the majority) and why.
Dissenting opinion
The minority interpretation, but not the decision, and why.
Ruling applies to?
The whole country
Who does the 1st amendment protect?
All citizens and legal residents of the United States.
What are the 3 approaches to interpreting the 1st amendment?
Literal
Categorical
Balancing
Literal Approach
Interpret it literally.
Justice Black- "no law means no law"
However "speech plus" is not included.
Categorical Approach
Some categories should be more protected than others.
Most: political, opinion
Middle: press, symbolic
Least: porn, advertising
Not at all: Libel, fighting words, incitement, obsenity
Balancing Approach
balances interests. Focus on issues in individual cases, individual against social (privacy vs free press), government must have good evidence for the infringement of individual liberties; a compelling and overriding reason (yelling "fire" in a theatre
Reasons to protect free speech.
to allow for a marketplace of ideas
to ensure self-governance
provides a checking value
acts as a safety valve for people to let off steam
helps us flourish as individuals
Self-governance
freedom of speech as a precondition to a democracy
facilitates participation in political process
Provides a checking value
Counter weight to government power
need well financed, well organized press system
Acts as a safety valve
Thomas Emerson- idea that more speech = less violence
people need to be heard
Helps us flourish as individuals
John Locke
4 threshold components to Libel
Publication
Identification
Falsity
Defamatory meaning
Early libel law
the early libel law was brought over from the United Kingdom. Traditionally, truth was not considered a defense.
Issues of prior restraint
It's censorship. Puts burden of proof on the government
Justice Hughes view of Prior restraint?
Presumed unconstitutional
different case studies
Near vs Minnesota
Pentagon Papers
NYTimes vs Sullivan
Snyder vs Phelps
Griswold vs Connecticut
Hustler vs Falwell
Falling man
Grantland and Dr V
Bus Crash Photo
School Safety
Who does the espionage act punish?
Leakers of government information
Why is this a problem
Could prevent people from giving out information
Who was John Peter Zenger
Case of 1733 that established truth as a defense against Libel
What is the Sedition Act of 1798?
Said that you can't criticize the government, sedition is defined as inciting revolt against the government. (didn't stand)
What is "strict liability"?
each state has their own libel law
Defenses against libel?
Truth; individuals are dead; person consented; words were clearly repeated; person waited longer than the statute of limitations to report it
Why is it so important to learn about Libel
It is the most common problem for journalists. (75% of lawsuits, in journalism, are for libel)
JOURNALISM IS NOT A...
TOASTER!!
difference between a public figure and a private figure proving libel
private individuals must prove negligence
public must prove malice
Content Neutral
if political speech is protected, you cannot prohibit based on the content of that particular speech as long as it falls under political. Each piece of speech in any given category is protected equally.
Justice William Brennan
Categorical approach
created obscenity as a category- unprotected
"Chilling effect" / "Libel Chill"
filing frivolous libel lawsuits to get media to stop printing or reporting a story, as well as an attempt to quiet the journalist because libel suits can take a lot of money and time
Where do we get the right to privacy?
The penumbras "shadows" of the constitution.
Stewardship
the responsible care taking of something considered worth caring for.
What are journalist stewards of?
truth
democracy
public good
1st amendment
own talents
what is independence
Journalists should be free to "pursue truth with loyalty only to civilians and not to particular interests, causes, or other pressures in mind"
stenographer
report what is said to provide a record
journalists
gather, verify, ask questions, report, and provide a record
Objectivity
having no opinion or perspective on an issue
Lippman's view
supported objectivity
spoke of using the "scientific spirit"
What is needed for the Scientific Spirit?
Evidence
Verification
Conventions of objective method
inverted pyramid news lead
careful attributions of sources
minimal use of adverbs and adjectives
detached third person point of view
Verification
how do you know what you know?
Who are your sources? what do they know? how?
What's your evidence?
What don't you know?
Commonalities of codes of ethics
honesty, transparency, verification, independence
Origins of privacy law
Cooley
Griswold vs connecticut
Roe vs Wade
Penumbras ; 1st 3rd 4th 5th and 9th amendments
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