Journalism is a set of transparent, independent procedures aimed at gathering, verifying, and reporting truthful information of consequence to citizens in a democracy.
Plagiarized. Wrote for the New York Times.
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
(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
Took a picture of a malnourished girl in Sudan in front of a vulture
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.
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 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.
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?
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
A written defamation of a person's character, reputation, business, or property rights.
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.
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
Interpret it literally. Justice Black- "no law means no law" However "speech plus" is not included.
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
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
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
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?
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...
difference between a public figure and a private figure proving libel
private individuals must prove negligence public must prove malice
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.
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"
report what is said to provide a record
gather, verify, ask questions, report, and provide a record
having no opinion or perspective on an issue
supported objectivity spoke of using the "scientific spirit"
What is needed for the Scientific Spirit?
Conventions of objective method
inverted pyramid news lead careful attributions of sources minimal use of adverbs and adjectives detached third person point of view
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