Making Ethical Choices. Learning Objectives Discuss the three major Supreme Court cases affecting free speech in school Discuss the three major Supreme.

Making Ethical ChoicesMaking Ethical Choices

Learning ObjectivesLearning Objectives

Discuss the three major Supreme Court Discuss the three major Supreme Court cases affecting free speech in schoolcases affecting free speech in school

Explain the important points contained Explain the important points contained in a professional code of ethics for in a professional code of ethics for journalistsjournalists

List some of the policies and procedures List some of the policies and procedures students can use within their schools to students can use within their schools to help protect their right to a free presshelp protect their right to a free press

Legal and Ethical Boundaries of Legal and Ethical Boundaries of Student JournalismStudent Journalism

Ethics—the branch of philosophy that Ethics—the branch of philosophy that deals with right and wrongdeals with right and wrong

Just like everybody else, journalists Just like everybody else, journalists are faced with ethical questions are faced with ethical questions every day.every day.

Should a reporter promise a source Should a reporter promise a source confidentiality (a promise of secrecy confidentiality (a promise of secrecy for restricted information)? Should a for restricted information)? Should a photographer stage a picture?photographer stage a picture?

QuestionsQuestions

What ethical dilemmas have you What ethical dilemmas have you faced? faced?

How did you decide what to do?How did you decide what to do? What codes of behavior do we follow What codes of behavior do we follow

and where do these codes come and where do these codes come from?from?

Avoiding CensorshipAvoiding Censorship Ethics does not come with a list of how-to’s. It Ethics does not come with a list of how-to’s. It

is up to you to decide for yourself how to act. is up to you to decide for yourself how to act. You have to evaluate each situation, search You have to evaluate each situation, search your conscience and decide how you will act.your conscience and decide how you will act.

Ethical conduct is you best defense against Ethical conduct is you best defense against censorship. Censorship occurs when officials censorship. Censorship occurs when officials prevent the printing or broadcasting of prevent the printing or broadcasting of material that they consider objectionable.material that they consider objectionable.

Follow your sense of fair play, guidelines Follow your sense of fair play, guidelines shaped by legal decisions, professional codes shaped by legal decisions, professional codes and practices est. by other student journalistsand practices est. by other student journalists

First AmendmentFirst Amendment

““Congress shall make no law Congress shall make no law respecting an establishment of respecting an establishment of religionreligion, or prohibiting the free , or prohibiting the free exercise thereof; or abridging the exercise thereof; or abridging the freedom of freedom of speechspeech, or of the , or of the presspress; ; or of the right of the people or of the right of the people peacefully to peacefully to assembleassemble, and to , and to petitionpetition the government for a the government for a redress of grievances.”redress of grievances.”

First Amendment cont.First Amendment cont.

Freedom of the press includes Freedom of the press includes newspapers, magazines, periodicals newspapers, magazines, periodicals and pamphlets, radio television and and pamphlets, radio television and motion pictures.motion pictures.

First Amendment cont.First Amendment cont.

Although the First Amendment gives Although the First Amendment gives you a great opportunity to speak and you a great opportunity to speak and write, it does not protect everything.write, it does not protect everything.

Some kinds of material, such as Some kinds of material, such as obscenity, are still off limits.obscenity, are still off limits.

The Supreme Court also has The Supreme Court also has determined that schools have special determined that schools have special powers in some cases to restrict powers in some cases to restrict what students can say or write.what students can say or write.

11stst Amendment Project Amendment Project

Assignment: Assignment: Students should make a creative Students should make a creative

way to represent one (or all!) of the way to represent one (or all!) of the freedoms. They may make a freedoms. They may make a poster; write a rap song, etc. Just poster; write a rap song, etc. Just about anything goes. It should take about anything goes. It should take no longer than 1 to 3 minutes for no longer than 1 to 3 minutes for them to present their project or them to present their project or explain it.explain it.

A Lesson on LibelA Lesson on Libel Despite the “guaranteed freedoms” of the Despite the “guaranteed freedoms” of the

First Amendment, there are a few First Amendment, there are a few categories of speech that are not protected.categories of speech that are not protected.-Obscenity-material that offends local -Obscenity-material that offends local community standards and lacks any serious community standards and lacks any serious artistic purposeartistic purpose-Fighting words-usually racial, ethnic, -Fighting words-usually racial, ethnic, gender or religious insultsgender or religious insults-Invasion of privacy-protects private -Invasion of privacy-protects private information (ex. medical or academic information (ex. medical or academic records)records)

A Lesson on Libel cont.A Lesson on Libel cont.

-Copyright violations-copyright gives a -Copyright violations-copyright gives a person exclusive rights to something he or person exclusive rights to something he or she has written or otherwise created (ex. she has written or otherwise created (ex. Plagiarism)Plagiarism)

-Libel-when false information that damages -Libel-when false information that damages someone’s reputations printed or broadcast. someone’s reputations printed or broadcast.

-Libel is considered much more serious than -Libel is considered much more serious than slander (a spoken falsehood), because it is slander (a spoken falsehood), because it is more permanent and can have long-lasting more permanent and can have long-lasting effects.effects.


According to the Student Press Law According to the Student Press Law Center, libel is “any printed Center, libel is “any printed communication—words or pictures—communication—words or pictures—which tends to expose one to public which tends to expose one to public hatred, shame, contempt or disgrace hatred, shame, contempt or disgrace or damage one’s reputation in the or damage one’s reputation in the community or injure the person.”community or injure the person.”


The Student Press Law Center The Student Press Law Center recommend that students be careful recommend that students be careful when taking on sensitive material and when taking on sensitive material and abide by the following suggestions:abide by the following suggestions:

-Check and recheck all facts. Seek two -Check and recheck all facts. Seek two or more sources that are independent or more sources that are independent of one another, credible and in a of one another, credible and in a position to know and tell the truth.position to know and tell the truth.


-Fairness dictates that reporters -Fairness dictates that reporters contact the individual that they are contact the individual that they are writing about. Reporters then obtain writing about. Reporters then obtain both sides of the story and avoid both sides of the story and avoid printing incomplete or incorrect printing incomplete or incorrect information.information.

-Exercise good judgment. Consider -Exercise good judgment. Consider the possible implications of printing the possible implications of printing or televising a particular story.or televising a particular story.

A Lesson on Libel cont.A Lesson on Libel cont. The burden of proof in a libel case is on the The burden of proof in a libel case is on the

person bringing the suit. The plaintiff must person bringing the suit. The plaintiff must prove five things in order to win.prove five things in order to win.1) publication1) publication2) identification (must prove the content 2) identification (must prove the content referred to them)referred to them)3) defamation (damage was done to their 3) defamation (damage was done to their reputation)reputation)4) falsity4) falsity5) some element of fault (the reporter or 5) some element of fault (the reporter or publication acted with negligence or publication acted with negligence or reckless disregard for the truth)reckless disregard for the truth)

Research ActivityResearch Activity Search Search libellibel on the internet on the internet Find a specific filed Find a specific filed libellibel court case and court case and

research itresearch it Write a summary (3 paragraphs) of the Write a summary (3 paragraphs) of the

court case (answering: Who was involved? court case (answering: Who was involved? What was printed? What was the What was printed? What was the argument? What was the outcome?, 5 W’s argument? What was the outcome?, 5 W’s and H and etc.)and H and etc.)

MLA format with Works Cited page (2 MLA format with Works Cited page (2 sources)sources)

Submit to Submit to www.turnitin.com Present your findings to the classPresent your findings to the class

Court Decisions and the Rights of Court Decisions and the Rights of High School JournalistsHigh School Journalists

Tinker v. Des MoinesTinker v. Des Moines

-In the winter of 1965, a group of -In the winter of 1965, a group of students in Des Moines, Iowa, wore students in Des Moines, Iowa, wore black armbands to protest the black armbands to protest the Vietnam War.Vietnam War.

-To prevent disruptions in school, the -To prevent disruptions in school, the Des Moines principals adopted a Des Moines principals adopted a policy that prohibited students from policy that prohibited students from wearing armbands. wearing armbands.

Court Decisions and the Rights of Court Decisions and the Rights of High School Journalists cont.High School Journalists cont.

Tinker v. Des MoinesTinker v. Des Moines-Despite the policy, three students—-Despite the policy, three students—13-year-old Mary Beth Tinker, 15-13-year-old Mary Beth Tinker, 15-year-old John Tinker, and 16-year-old year-old John Tinker, and 16-year-old Christopher Eckhardt—wore Christopher Eckhardt—wore armbands to school and were armbands to school and were suspended. They didn’t return to suspended. They didn’t return to school until their planned period for school until their planned period for wearing the armbands had expired in wearing the armbands had expired in January.January.


Tinker v. Des MoinesTinker v. Des Moines

-To dramatize the unfairness of their -To dramatize the unfairness of their suspensions, the three students sued the suspensions, the three students sued the school district, stating that their First school district, stating that their First Amendment rights had been violated.Amendment rights had been violated.

-Although school officials maintained that -Although school officials maintained that the armbands were “substantially the armbands were “substantially disruptive” to other students’ studies, the disruptive” to other students’ studies, the Supreme Court eventually ruled 7-2 in the Supreme Court eventually ruled 7-2 in the students’ favor.students’ favor.


Tinker v. Des MoinesTinker v. Des Moines-With the decision in Tinker v. Des Moines, -With the decision in Tinker v. Des Moines, students became confident that their rights, just students became confident that their rights, just as those of other Americans, would be protected as those of other Americans, would be protected both on and off school grounds.both on and off school grounds.-More important to student journalists, the ruling -More important to student journalists, the ruling established students’ constitutional rights to established students’ constitutional rights to voice their ideas and opinions, even those that voice their ideas and opinions, even those that might be viewed as unpopular or controversial.might be viewed as unpopular or controversial.-Students and advisers believed that because of -Students and advisers believed that because of the ruling, only articles that were libelous, the ruling, only articles that were libelous, obscene or disruptive to the operation of the obscene or disruptive to the operation of the school could be censored.school could be censored.


Hazelwood School District v. KuhlmeierHazelwood School District v. Kuhlmeier

-In May 1983, students in the Journalism II -In May 1983, students in the Journalism II class at Hazelwood East High School in class at Hazelwood East High School in suburban St. Louis were shocked when their suburban St. Louis were shocked when their school paper, The Spectrum, came back school paper, The Spectrum, came back from the printer with the middle two pages from the printer with the middle two pages missing.missing.

-The students learned that a substitute -The students learned that a substitute teacher had shown page proofs of the paper teacher had shown page proofs of the paper to principal Robert Reynolds for approval.to principal Robert Reynolds for approval.


Hazelwood School District v. KuhlmeierHazelwood School District v. Kuhlmeier-The principal’s approval was necessary -The principal’s approval was necessary because the school had a prior review because the school had a prior review policy.policy.-Prior review occurs when a principal or -Prior review occurs when a principal or other official reviews a proof of the paper other official reviews a proof of the paper before it goes to press.before it goes to press.-The principal objected two articles. One -The principal objected two articles. One that had to do with the impact of divorce that had to do with the impact of divorce on students and the other discussed three on students and the other discussed three students’ experiences with pregnancy.students’ experiences with pregnancy.


Hazelwood School District v. KuhlmeierHazelwood School District v. Kuhlmeier-Reynolds said he believed that pregnancy -Reynolds said he believed that pregnancy was not an appropriate topic for a high was not an appropriate topic for a high school newspaper, and that the three girls school newspaper, and that the three girls in the article would have been recognized in the article would have been recognized even though they were anonymous. even though they were anonymous. -He said that the article that dealt with -He said that the article that dealt with divorce (in which the student criticized her divorce (in which the student criticized her father for not spending more time with his father for not spending more time with his family) violated journalistic fairness because family) violated journalistic fairness because the father did not get a chance to defend the father did not get a chance to defend himself. himself.


Hazelwood v. KuhlmeierHazelwood v. Kuhlmeier-As a result of Reynold’s decision, student -As a result of Reynold’s decision, student editor Cathy Kuhlmeier and members of her editor Cathy Kuhlmeier and members of her newspaper staff concluded that their First newspaper staff concluded that their First Amendment rights had been violated, and Amendment rights had been violated, and they sued the administration.they sued the administration.-Five years later the Supreme Court ruled -Five years later the Supreme Court ruled against the students. By a 5-3 vote they against the students. By a 5-3 vote they decided the newspaper was not a “forum for decided the newspaper was not a “forum for public expression,” and it could be censored.public expression,” and it could be censored.-It was not considered a forum because it was -It was not considered a forum because it was produced as part of the school’s curriculum.produced as part of the school’s curriculum.


Hazelwood v. KuhlmeierHazelwood v. Kuhlmeier-The Court agreed that administrators have -The Court agreed that administrators have a right to censor students publication if they a right to censor students publication if they can “present a reasonable educational can “present a reasonable educational justification” for the censorship.justification” for the censorship.-The Court added they also have the right to -The Court added they also have the right to censor stories that were “ungrammatical, censor stories that were “ungrammatical, poorly written, inadequately researched, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or biased or prejudiced, vulgar or profane, or unsuitable for immature audiences.” unsuitable for immature audiences.”


Hazelwood v. KuhlmeierHazelwood v. Kuhlmeier-With this ruling, it became apparent -With this ruling, it became apparent that school administrators could that school administrators could tighten the control they have over tighten the control they have over what students can and can not what students can and can not publish.publish.-The decision had an effect on the -The decision had an effect on the willingness of student journalists to willingness of student journalists to write about serious issues and the write about serious issues and the problems that teens face today.problems that teens face today.


Bethel School District v. FraserBethel School District v. Fraser

-In April 1983 about 600 students watched -In April 1983 about 600 students watched as 17-year-old Matthew Fraser delivered a as 17-year-old Matthew Fraser delivered a speech nominating another student for speech nominating another student for student body president of his high school student body president of his high school near Tacoma, Washington.near Tacoma, Washington.

-Although attendance was voluntary at the -Although attendance was voluntary at the assembly, he had been advised by assembly, he had been advised by teachers not to deliver it because of its teachers not to deliver it because of its lewd content.lewd content.


Bethel v. FraserBethel v. Fraser-Throughout his speech, he referred to the -Throughout his speech, he referred to the candidate in an elaborate sexual metaphor candidate in an elaborate sexual metaphor that included such phrases as “I know a that included such phrases as “I know a man who is firm—he’s firm in his shirt, his man who is firm—he’s firm in his shirt, his character is firm” and “Jeff is a man who character is firm” and “Jeff is a man who will go to the very end—even the climax—will go to the very end—even the climax—for each and every one of you.”for each and every one of you.”-Fraser was suspended for two days for -Fraser was suspended for two days for violating the school’s “disruptive contact violating the school’s “disruptive contact rule” and his name was taken off a list of rule” and his name was taken off a list of candidates for graduation speaker.candidates for graduation speaker.


Bethel v. FraserBethel v. Fraser-Fraser felt that his rights had been violated and -Fraser felt that his rights had been violated and took his case to court.took his case to court.-When a lower court ruled in Fraser’s favor, -When a lower court ruled in Fraser’s favor, school officials appealed to the United States school officials appealed to the United States Supreme Court who ruled in favor of the school Supreme Court who ruled in favor of the school stating that “schools, as instruments of the state, stating that “schools, as instruments of the state, may determine that the essential lessons of civil, may determine that the essential lessons of civil, mature conduct cannot be conveyed in a school mature conduct cannot be conveyed in a school that tolerates lewd, indecent, or offensive that tolerates lewd, indecent, or offensive speech.” speech.” -The ruling indicated that the constitutional rights -The ruling indicated that the constitutional rights of students are not the same as those as adults of students are not the same as those as adults and that the school board had the authority to and that the school board had the authority to decide what was offensive speech.decide what was offensive speech.

QuestionQuestion

What is the difference between What is the difference between censorship and editing?censorship and editing?

Journalists edit to communicate better Journalists edit to communicate better and to state information more clearly.and to state information more clearly.

Some people censor to change the Some people censor to change the message itself, to delete the message itself, to delete the information or to prevent the information or to prevent the publication of diverse ideas and publication of diverse ideas and opinions.opinions.

SourcesSources

Schaffer, James, Randall McCutcheon Schaffer, James, Randall McCutcheon and Kathryn T. Stofer. Journalism and Kathryn T. Stofer. Journalism Matters. Lincolnwood: Contemporary, Matters. Lincolnwood: Contemporary, 2001.2001.

Making Ethical Choices. Learning Objectives Discuss the three major Supreme Court cases affecting free speech in school Discuss the three major Supreme.

Documents

free press slide

free speech

ethical questions

free press list

journalists list

ethical conduct

professional codes

freedom of speech