exam 2 com 203

This has no First Amendment protection

child pornography

defined as a “common law defense [that] guarantees the freedom of the press to express statements on matters of public interest, as long as the statements are not made with ill will, spite, or with the intent to harm the plaintiff”

fair comment

law protects journalists from revealing their sources

shield law

When an institution attempts to block someone from exercising their First Amendment Rights, it is called this

prior restraint

allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government

the Federal freedom of information act/Sunshine laws

This 'furious' star was the biggest creep in our celebrity interview examples

vin diesel

promotional event for a film to which media representatives are invited

press junket

This cannot be answered with a "yes" or "no" response

open-ended question

This form of complex question that contains a controversial assumption

loaded question

This type of follow-up question allows for digging deeper into a subject's answer

probing question

main takeaway from Brandenburg vs. Ohio

the government cannot punish the abstract advocating of force

crazy case with far reaching privacy and first amendment implications

Bollea v Gawker

referred to prior restraint is the legal term for the courts move to prevent censorship

Near vs. Minnesota

His case is the foundation of our First Amendment

John Peter Zenger

found that it is acceptable to censor high school publications

Hazelwood v. Kuhlmeier

verbal equivalent of libel

slander

what is required to establish a libel lawsuit for a public figure

actual malice

Those who have "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved.”

a limited purpose public figure

This protection allows reporters to quote court records without being sued

reporter's  (qualified) privilege

the four criteria for a libel lawsuit

publication, identification, harm, fault

A reporter's area of coverage

a beat

Everybody covers the story the same way, and the smaller media outlets adopt the agenda set by the leaders

“Herd” or “pack” journalism

guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you

The Sixth Amendment

requires universities to publish violent crime statistics

clery act

The Paragraph Rule

print writing uses short paragraphs to improve readability.

Eye-Tracking Research

Studies show readers skip dense blocks of text. Journalists use Content Chunking (breaking information into smaller, separate "chunks") to keep readers engaged.

Reliance on Sources-Objectivity & Neutrality

Writing should be unbiased and avoid the writer's personal opinion.

Reliance on Sources-attribution

You must always provide a source for the information you present

Direct Quotes

Word-for-word record of what was said-Omit "utterances" (e.g., uh, um, like) unless they are essential to the story.

Indirect quotes (Paraphrase)

Rewriting a source's idea in your own words-Used to summarize long-winded or confusing statements

partial quotes

Using only a few specific words from a source-Constraint: Use sparingly

first amendment: Primary Protections

freedom of expression and publication

ramifications-

it does not protect you from the "court of public opinion," financial loss, or career damage.

gov vs private

The First Amendment only stops the government from censoring you. Private newspaper owners and companies can legally stop employees or users from publishing.

Absolute Rights

not absolute-limited by: Categorical limitations (e.g., obscenity)Medium-based limitations, Time-place-manner limitations.

Libel vs. Slander-

Libel is written/published; Slander is spoken.

6 elements libel- Identification

The person is recognizable (even without a name)

6 elements libel-publication

The statement reached a third party. (Includes Twibel—libel on Twitter).

6 elements libel-falsity

The statement must be false. Minor errors are okay; "substantial elements" must be wrong.

6 elements libel-defamation

The words must serve to damage a person’s reputation.

6 elements libel-harm

Evidence of actual or punitive damages.

6 elements libel-fault

• Public Figures: Must prove Actual Malice (knowledge of falsity or reckless disregard).

• Private Figures: Must prove a level of irresponsibility (negligence).

Communications Decency Act (Section 230)

Protects website owners from being sued for content posted by their users.

Hyperbole & Opinion:

Includes "Puffery" and ridiculous exaggerations that no reasonable person would believe as fact.

Anti-SLAPP Laws

Designed to prevent "Strategic Lawsuits Against Public Participation" (lawsuits meant to silence critics).

Ethics & Decision Making-key concerns

Plagiarism, financial pressure, and trust/deceit.

4-Step Process for Ethical Dilemmas: assess situation

Get all the facts first.

4-Step Process for Ethical Dilemmas:identify values

Check who benefits and why things are being done

4-Step Process for Ethical Dilemmas:discuss

Consult with others; logic can fail you when working alone.

4-Step Process for Ethical Dilemmas:pick a line and drive

Stick to your decision.

Probing Questions

Follow-up questions based on a source's previous answer:Purpose: Digs deeper into a specific detail

Loaded Questions

Questions that contain a built-in bias or assumption (e.g., "Why did you make that terrible decision?")-best to avoid

interview conduct-preparation

Research the person and the "peg" (the reason for the interview) beforehand.

interview conduct-funnel approach

Start with "icebreakers" and easy background questions to build rapport. Save touchy or ego-threatening questions for the end

interview conduct-active listening

Don't just read your list. Listen for "crumbs"—details the source drops—and follow them.

interview conduct-verification

Read sensitive quotes back to the source to ensure accuracy.

Bollea v gawker

This case showed that even if a celebrity is a public figure, there are still limits to "newsworthiness" when it comes to extreme private acts recorded without consent. It had a "chilling effect" on digital media companies.