Libel and Photo Journalism

Goal:
Students will explore the various elements of the FIRST AMENDMENT
Students will study the ethical principles of journalism
Students will recognize and discuss some major criticism of the press
Students will understands libel/ malice laws and what defenses journalists have
Students will be familiar with major court rulings regarding the scholastic press

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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.

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 Libel: 

https://docs.google.com/presentation/d/1uaZd8p6qkHexSYqvTW-kwsmKL4FqzR40/edit?usp=share_link&ouid=115237694256539959089&rtpof=true&sd=true

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Let's talk about Libel: Links

http://www.splc.org/presentations/

http://www.rcfp.org/

http://www.law.cornell.edu/topics/first_amendment.html

http://supreme.lp.findlaw.com/constitution/amendment01/06.html

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Ethics in Photo Journalism

Quizzes:  First Amendment
http://www.splc.org/page/first-amendment-quiz

Ethical Decisions in Journalism part 1

Overview and Rationale:

The lesson will help students understand the ethical considerations necessary in the

production and post-production process of photojournalism.

Goals:

Consider the potential effect on the viewer when selecting and taking photos.

Try to use proper angles and lighting to produce appropriate effects in photos.

News photos are a form of journalism, not art. Find the iconic photo, not the cool one.

-When it is appropriate to use posed/staged photos.

-Photoshop, and other postproduction software, is a tool to help you improve your photos,not alter them. (cropping, etc.)

The difference between photojournalism and photo illustrations.

Essential Questions:

What do we mean when we refer to “journalistic ethics?”

What role do these ethics play in photojournalism?

Photo Journalism

Ethical Decisions in Journalism

From the Society of Professional Journalists Code of Ethics:

" Journalists should . . . never distort the content of news photos or video. Image enhancement for technical clarity is always permissible. Label montages and photo illustrations.”

For a code of ethics entirely on photojournalism, see the National Press Photographers Association Code of EthicsSome clauses from this code:

• Be accurate and comprehensive in the representation of subjects.
• Resist being manipulated by staged photo opportunities.
• Be complete and provide context when photographing or recording subjects.
• Avoid stereotyping individuals and groups.
• Recognize and work to avoid presenting one's own biases in the work.
• Treat all subjects with respect and dignity. Give special consideration to vulnerable subjects and compassion to victims of crime or tragedy. Intrude on private moments of grief only when the public has an overriding and justifiable need to see.
• While photographing subjects, do not intentionally contribute to, alter, or seek to alter or influence events.
• Editing should maintain the integrity of the photographic images' content and context. Do not manipulate images or add or alter sound in any way that can mislead viewers or misrepresent subjects.
• Respect the integrity of the photographic moment. 

Situation 1: Bridge accident

Situation 2: Car Fire

Students will be presented with situations of libel and libelous photography. They will justify is situations are printable in a newspaper or must be held back.



-Students will review works by a photojournalistWhat does it take to be a great journalist?

A great journalist cares about people and an ideal world. A great journalist can approach a topic as vast as the universe and make it simple and interesting to both Einstein and the new immigrant, who is trying to learn the language.

The written word has power. With skill, reporters can expose the dark deeds of the world and bring them into the light. However, journalism is limited to non-apathetic, monolinguistic people with some time to kill and a few neurons still firing.

Enter photojournalism. It destroys almost all barriers. Justice can draw its sword in the time it takes an eye to scan an image. An image has no age, language or intelligence limits.

What is a photojournalist?

A journalist tells stories. A photographer takes pictures of nouns (people, places and things). A photojournalist takes the best of both and locks it into the most powerful medium available - frozen images.

Photojournalists capture "verbs." This sounds simple, but a room of professional photographers was dumbfounded by this realization. Even after a full-length lecture with documentation and visual evidence, half of the photographers still had no clue what the difference was.

At the end of the presentation. One man said (he really did), "So, what's the difference between photography and photojournalism?" Luckily, two people (only two) turned to him and yelled, "Verbs!"

Although photojournalists can take properly exposed and well composed photographs all day long, they hunt verbs. They hunt them, shoot them and show them to their readers. Then, they hunt more.

A photojournalist has thousands of pairs of eyes looking over his shoulder constantly. The readers are insistent: "What are they doing?" "What did you see?" and "What happened?".

The readers wake PJs up at night. They keep PJs awake. The eyes always want to know what they missed. Readers can't see what they missed with a noun. It works if the question is specific enough (what did the condemned building look like?), but most answers require verbs.

To tell a story, a sentence needs a subject, a verb and a direct object. News photos need the same construction. Photojournalists tell stories with their images. Also, words are always used in conjunction with photojournalist's images.

The words below a photo are called a cutline. I write the cutlines that go with most of my images. At many newspapers, photographers provide names and nothing else. They don't write cutlines because they sometimes can't write a lead (lede) graph for a story. They also may not be able to photograph a sentence (sports being the exclusion, and there are plenty of supporting images to prove my point in this genre as well).

To be a photojournalist, we must understand the relationship between the image and these basic elements of language (all languages - worldwide).

     The girl hits (or misses) the ball. There are no other options.

The girl is easy to photograph. The ball is easy to photograph. The verb is the hard part.

As a servant of the citizens, it's the photojournalist's OBLIGATION to capture the entire sentence involved in EVERY event. There are no excuses. It's hit or missed. Some photographers don't care. They have a picture of the bat. "Hey, that's what tried to hit the ball." They just don't get it.
More on the photojournalist

A photojournalist is a visual reporter of facts. The public places trust in its reporters to tell the truth. The same trust is extended to photojournalists as visual reporters.

This responsibility is paramount to a photojournalist. At all times, we have many thousands of people seeing through our eyes and expecting to see the truth. Most people immediately understand an image.

In today's world of grocery store tabloids and digital manipulation of images, the photojournalist must still tell the truth. The photojournalist constantly hunts for the images (or verbs), which tell of the day-to-day struggles and accomplishments of his community. These occurrences happen naturally. There is no need to "set up" reality. There is no need to lie to a community that bestows its trust. In a nutshell:   If a photojournalist isn't going to fake a fire or a street stabbing scene, why would he set up "person A" giving "person B" an object (award, check, trophy etc.)?

The photojournalist simply wants to hang around, be forgotten and wait for the right moment. Then, the hunt begins anew.

Like the police officer or firefighter, the photojournalist's concern is his community even if that means sacrificing comfort or life. Many photojournalists die every year in the process of collecting visual information, which lets the public know of atrocities, dangers and the mundane.

Back to TopWhat makes a photojournalist different from a photographer?

Photographers take pictures of nouns (people, places and things). Photojournalists shoot action verbs ("kicks," "explodes," "cries," etc.). Photojournalists do shoot some nouns. These nouns can be standard photos of people (portraits), places (proposed zoning areas or construction sites) and things (name it). However, the nouns we seek still must tell a story.

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Legal Considerations in Photojournalism

Here are some potentially troublesome situations you might encounter. Discuss what you think is the correct answer legally and discuss how you personally might handle it.


1. If you take pictures of someone in their home with a hidden camera, could you be sued for invasion of privacy? (yes)
2. Is it legal for you to photograph a celebrity walking along a city street, even if they don't want to be photographed? (yes, because it's a public street)
3. If you photograph Ricky Martin driving down the street in a new BMW, could BMW use one of your pictures in an advertisement? (no, they need written permission)
4. You are editor of a feature magazine, and you need a picture of some troubled teens to illustrate a story. Your photographer goes by the high school and shoots some pictures of some teens waiting outside for their rides. You print one of the pictures, only to find out later that these were some of the school's top scholars. Could they sue you successfully? (yes, because you potentially hurt their reputations)
5. , You take a picture of woman with her dress blowing up, showing her undergarments underneath. Although her face is not visible, her children are next to her. Since she was in public view, can your editor run it without fear of being sued? (no, she could successfully prove that the photo was embarrassing but not newsworthy)
6. You're at the hospital visiting a sick friend and have a chance to get a photo of a local celebrity being wheeled into the X-ray room. This would be of great interest to your readers. You take the pictures and turn one into your editor. Can she legally run it? (no, the law protects people privacy in hospitals -- she would need written permission to run it)
7. . You see a bad car accident and begin taking photos immediately, of the smashed cars, of the victims being tended to and put into the ambulance, etc. The police at the scene order you to stop. As a representative of the media, can you legally continue? (yes) If so, are there any limits to what you can shoot? (you cannot take pictures of a victim in an ambulance)
8. From the street, you photograph two teenagers kissing on a front porch. Even if you did not ask their permission, can your editor legally run it? (yes, legally it's OK since anything on a public street is fair game, but ethically you might decide against it)
9. . There has been a bad fire in a person's home, and you want to take pictures inside the house. The owner is not home, and the police and firefighters do not object. Do you, as a representative of the media, have a right to enter the house, or would you be trespassing? (you have a right to enter the house and take pictures)
10. You're shopping in a grocery store and witness a woman cut by a broken pickle jar. She sees your camera and asks you to photograph her wound. Can you legally take a picture? (yes) What if the manager sees you and asks you to stop? (you must stop since you're on their private property) What if the manager demands you turn your film over to her? (you don't have to -- that's your property)
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Ethical Considerations in Photojournalism

Pair 1

Photographer: You are working with a reporter on a story about a coach who holds some national records for weightlifting. You still need a shot of him working out, so you arrange to meet him at the gym and take pictures of him lifting weights just as he normally does. Make an argument for running your photo.

Photo editor: Do you run this set-up photo? Why or why not?

Pair 2

Photographer: A baby left in a locked car died from the heat. You heard about it on a police scanner and were able to get a picture of the policeman taking the baby out of the car.

Photo editor: Do you run this as a warning to other parents? Why or why not?

Pair 3

Photographer: A fire escape collapses during a fire, plunging a woman to her death. A child who also falls miraculously survived.You get a picture of them in mid-air, just as the fire escape gives way. The photo is a potential Pulitzer Prize winner.

Photo editor: Do you run this photo of a woman falling to her death? Why or why not?

Pair 4

Photographer: A woman takes off her clothes in protest of being denied entrance to a building. You get a picture of her protest.

Photo editor: Do you run this photo of a nude woman? Why or why not?

Pair 5

Photographer: During a news conference, an important political figure makes an obscene gesture at some hecklers in the crowd. You take the picture and turn it into your editor.

Photo editor: This is definitely newsworthy but potentially offensive. Do you run it? Why or why not?

Pair 6

Photographer: A man notifies the press that a newsworthy event will be taking place at a certain time and location. He makes a statement protesting a government action, then douses himself with gasoline and lights a match. You get some dramatic pictures of the event, potential prize winners.

Photo editor: Should you run the picture because it's newsworthy or deny the protester the publicity he was seeking? Explain your decision.

Pair 7

Photographer: You photograph a family grieving over their son who drowned in a local canal. You capture them at the moment the authorities unzip the body bag for them to make identification of him.

Photo editor: Do you run this to urge other families to be cautious or respect the privacy of their grief?

Pair 8

Photographer: You photograph two students exchanging money and a bag of something. You realize this would be a great photo to go with a story your staff is doing on drugs on campus.

Photo editor: Do you run this? Why or why not?

Standard -
1.9.11.A: Use media and technology resources for research, information analysis, problem solving, and decision making in content learning. Identify complexities and inconsistencies in the information and the different perspectives found in each medium.
1.9.11.B: Evaluate how the techniques used in media modify traditional society.
1.2.11B - use and understand a variety of media and evaluate the quality of material produced

The First Amendment

 Intro to the First Amendment

**We will recite the First Amendment on Monday, 5/1.

Bell Ringer:

(In your notebooks, answer the following question) Why do people feel the need to express themselves as individuals?

List situations where you should be allowed to express yourself as an individual
List situations where you should not be allowed to express yourself as an individual

Goal: Students will be introduced to the First Amendment

 Students will be introduced to the FIRST AMENDMENT
Students will study the ethical principles of journalism
Students will recognize and discuss some major criticism of the press
Students will understands libel/ malice laws and what defenses journalists have
Students will be familiar with major court rulings regarding the scholastic press

History and the First Amendment - Information

History of the 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.First Amendment to the U.S. Constitution


A Brief History of the Bill of Rights
and the First Amendment
The first ten amendments to the Constitution of the United States became known as the Bill of Rights because they contained freedoms that Americans held to be their inalienable rights. So important were these rights that several states insisted on a promise of amendments guaranteeing individual rights before they would ratify the Constitution.

Our Rights

 First Amendment 1
First Amendment Link:
http://www.firstamendmentschools.org/resources/lessonplans.aspx


First Principles:

First Principles
The First Amendment applies to all Americans. Our nation affirms the truth of inalienable rights for all, working for more than 200 years to make the ideals expressed in the First Amendment a reality in the lives of all Americans. These rights were so important to early citizens and their leaders, many states refused to ratify the Constitution of the United States without the promise of amendments that would protect individual rights.

Here are some “First Principles” to help you to interpret these eloquent 45 words and understand how they influence our daily lives.

1. The First Amendment affirms the freedom of the individual.

American government is based upon the concept that all human beings are born with certain rights or freedoms. The First Amendment guards these rights by prohibiting the government from denying citizens their rights. The government does not give us our rights. Its role is to guard the rights that we already have.

We, as individuals, have freedom of conscience. Religious liberty, or freedom of conscience, protects the beliefs of everyone, not just those of recognized faith communities. We are free to worship —or not to worship — as we choose. The government may not tell us what church, synagogue, mosque or temple to attend or whether, where and how we should pray.

As individuals, our ideas and beliefs are our own. We are free to develop and express our thoughts. Through our free press, we have access to a vast range of information. We may criticize our government if we see fit to do so. Judgments about ideas are for individuals to make, not for government to decree.

The First Amendment guarantees we may associate with people and join groups of our own choosing. We may ask or lobby the government to correct certain wrongs or support our beliefs.

2. Free expression is the foundation — the cornerstone — of democracy.

The First Amendment is based on the premise that people who can freely share information (especially about their government) will be informed and able to make sound choices about what leaders to elect, what forms of government they want, what laws to enact. The freedom to exchange information about the government enables people to seek alternatives to bad government.

3. The First Amendment tells the government to keep its “hands off” our religion, our ideas, our ability to express ourselves.
“Congress shall make no law …” means that as far as possible the government may not interfere with our fundamental rights. The government may not pass laws that take away our First Amendment freedoms or that force us to express ideas — including religious beliefs — that we do not embrace. But the First Amendment is not absolute.

“No law” does not mean “absolutely no law.” For instance, human sacrifice cannot be permitted in the name of freedom of conscience. The Supreme Court has affirmed that some limits must be placed on our freedoms. The government, for example, may regulate the time, place and manner, but not regulate solely on the basis of the content of our beliefs, ideas, and expressions. We may need to hold a permit before we march in support of a particular cause, but we should not have to worry about the government telling us we have no right to believe in that cause or express that idea.

4. Other people have rights, too.

The First Amendment is based upon the conviction that all human beings have inalienable rights. Our commitment to rights is inseparably linked to our civic responsibility to guard those rights for all others.

When faced with unpopular views or unrefined speech, members of the public may ask, “Why doesn't the government do something about that?” The answer? Neither government nor a majority of the public has the authority to stop an unpopular idea.
Because the First Amendment belongs to everyone — to each individual — it encourages us to respect the right of others to hold their viewpoints and religious beliefs. The First Amendment protects minority viewpoints and helps us to understand that limiting the rights of some people may eventually limit the rights of all.

5. When rights collide, government must balance them.

Sometimes the government plays a role in balancing our rights. When two rights collide, tension and controversy may result. What happens, for example, when a person's right to a fair trial conflicts with our right to learn if a fair trial is actually taking place through accounts reported in our free press? What happens when an individual’s right to personal privacy conflicts with the free flow of information? The government (through the courts) may make decisions that protect both rights to the fullest extent possible.

In addition to knowing where government officials draw the line when regulating expression, it is important to understand who may and may not control what we say or write or perform.

Public school administrators are government officials and, like city officials, have both power and limits regarding regulation of expression. Although students do not give up their First Amendment rights when they come to school, the United States Supreme Court has determined that school officials may restrict students’ rights if the administrators determine that exercising those rights would interfere with the school’s mission of educating its students. However, as government officials, they may not control or censor expression to the degree that a private organization or family might. The First Amendment does not apply to private school officials.

6. The First Amendment helps us make choices.

In the “marketplace of ideas,” we may choose which views to support and which ones to reject. When all ideas are allowed to flourish, we — as individuals — may decide what ideas and concepts to question, embrace or reject.

First Amendment advocates say it best: The antidote to distasteful or hateful speech is not censorship, but more speech.

Court CASES
 

Link:

The Tinker Case: 

https://www.thoughtco.com/tinker-v-des-moines-104968#:~:text=The%201969%20Supreme%20Court%20case%20of%20Tinker%20v.,opinion%E2%80%94whether%20verbal%20or%20symbolic%E2%80%94is%20not%20disruptive%20to%20learning.

Decision Date: February 24, 1969

Background

At a public school in Des Moines, Iowa, students planned to wear black armbands at school as a silent protest against the Vietnam War.

When the principal became aware of the plan, he warned the students that they would be suspended if they wore the armbands to school because the protest might cause a disruption in the learning environment. Despite the warning, some students wore the armbands and were suspended.

During their suspension, the students' parents sued the school for violating their children's right to free speech. The U.S. District Court for the Southern District of Iowa sided with the school’s position, ruling that wearing the armbands could disrupt learning.

The students appealed the ruling to the U.S. Court of Appeals for the Eighth Circuit but lost and took the case to the Supreme Court of the United States.

Decision and Reasoning

In a 7-2 decision, the Supreme Court’s majority ruled that neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The Court took the position that school officials could not prohibit only on the suspicion that the speech might disrupt the learning environment.

The dissent argued that the First Amendment does not grant the right to express any opinion at any time. Students attend school to learn, not teach. The armbands were a distraction. School officials, acting on a legitimate interest in school order, should have broad authority to maintain a productive learning environment.

Hazelwood Case

FACTS	Students enrolled in the Journalism II class at Hazelwood East High School were responsible for writing and editing the school's paper The Spectrum. Two of the articles submitted for publication in the final edition of the paper contained stories on divorce and teenage pregnancy. The divorce article featured a story about a girl who blamed her father's actions for her parents' divorce. The teenage pregnancy article featured stories in which pregnant students at Hazelwood East shared their experiences. To ensure their privacy, the girls' names were changed in the article. The school principal felt that the subjects of these two articles were inappropriate. He concluded that journalistic fairness required that the father in the divorce article be informed of the story and be given an opportunity to comment. He also stated his concerns that simply changing the names of the girls in the teenage pregnancy article may not be sufficient to protect their anonymity and that this topic may not be suitable for the younger students. As a result, he prohibited these articles from being published in the paper. Because there was no time to edit the paper if it were to go to press before the end of the school year, entire pages were eliminated. The student journalists then brought suit to the U.S. District Court for the Eastern District of Missouri, alleging that their First Amendment rights to freedom of speech had been violated. The U.S. District Court concluded that they were not. The students appealed to the U.S. Court of Appeals for the Eighth Circuit, which reversed the ruling, stating that the students' rights had been violated. The school appealed to the U.S. Supreme Court, which granted certiorari.
PROCEDURE	Eighth Circuit
ISSUES	Does the decision of a principal to prohibit the publishing of certain articles, which he deems inappropriate, in the school newspaper violate the student journalists' First Amendment right of freedom of speech?
REASONING	The U.S. Supreme Court held that the principal's actions did not violate the students' free speech rights. The Court noted that the paper was sponsored by the school and, as such, the school had a legitimate interest in preventing the publication of articles that it deemed inappropriate and that might appear to have the imprimatur of the school. Specifically, the Court noted that the paper was not intended as a public forum in which everyone could share views; rather, it was a limited forum for journalism students to write articles pursuant to the requirements of their Journalism II class, and subject to appropriate editing by the school. Key Points to Remember The First Amendment protects the right to freedom of speech. The Spectrum was written by students in the Journalism II course as part of the requirements of that course. The articles in question were about divorce and teenage pregnancy. The subjects of both of these stories were students at Hazelwood East High School. The divorce article featured a story in which a girl blamed her father's actions for her parents' divorce, but the author did not adhere to journalistic standards by informing the father of the story and giving him an opportunity to respond. Although their names were changed, the principal was concerned that students may be able to recognize the identity of the girls who were interviewed for the pregnancy article.

Hazelwood Case

Summary cases
Tinker Case Summary

1.2.11B - use and understand a variety of media and evaluate the quality of material produced

1.5.11.B- Write using well-developed content appropriate for the topic
1.5.11.C- Write with controlled and/ or subtle organization
1.9.11.A: Use media and technology resources for research, information analysis, problem solving, and decision making in content learning. Identify complexities and inconsistencies in the information and the different perspectives found in each medium.
1.9.11.B: Evaluate how the techniques used in media modify traditional society.
1.2.11B - use and understand a variety of media and evaluatethe quality of material produced