Journalism 1100 Exam 3

First Amendment

Applies to federal, state, and local governments, public schools, and government actors. Protects verbal and symbolic speech and the right not to speak.

First Amendment (limits)

Incitement, fraud, defamation, deceptive advertising, child pornography, and speech leading to imminent lawless action. Regulations must be viewpoint-neutral and can include time, place, and manner restrictions.

Five Freedoms of the First Amendment

Religion (practice freely); Speech (verbal and symbolic expression); Press (all forms of media expression); Assembly (right to gather/protest); Petition (right to access and lobby government).

First Amendment (what it applies to, protects, and does not protect)

Applies to government entities and public institutions. Protects spoken, written, and symbolic expression and the right not to speak. Does not protect incitement, fraud, defamation, deceptive advertising, child pornography, or imminent lawless action.

Legal issues in newsgathering

Privacy (no trespassing, respect expectations of privacy); Recording laws (one-party vs two-party consent; Missouri is one-party); Property access (public ≠ always accessible, private requires permission); Informed consent; Publication of private facts; False light; Misappropriation; Subpoenas (no federal shield law, journalists can be forced to reveal sources).

Prior restraint

Government stopping publication before it happens. Rarely allowed and strongly opposed. Supreme Court cases (Near v. Minnesota, Pentagon Papers) limit its use.

Post-publication legal issues

Defamation (libel/slander: false statements harming reputation; requires falsity, fact, identification, publication, harm); Truth is a defense; Public figures must prove actual malice; False light; Misappropriation; Publication of private facts.

Objectivity

A moral ideal and set of practices emphasizing fact vs opinion separation, emotional detachment, and fairness.

Bias

A natural human tendency that influences journalism both structurally and individually.

Components of objectivity

Separation of fact and opinion; Emotional detachment; Fairness and balance.

Origins of objectivity

Objectivity developed in the 1800s as newspapers shifted from political funding to commercial models, aiming to attract advertisers and wider audiences.

Critiques of objectivity

Impossible to achieve fully; Can create false balance; Encourages reliance on elite sources; Used defensively; Promotes passivity; Can limit moral action.

Defenses of objectivity

Helps test bias with evidence; Encourages fairness and truth-seeking.

Intrinsic bias

Bias is natural; Structural biases (visual, temporal); Personal experiences shape perspectives.

Common journalism biases

Structural bias (visual, temporal); Elite source bias.

Countering bias

Open-minded reporting; Challenging assumptions with evidence; Maintaining independence.

Ethics vs law

Law = what we must do; Ethics = what we ought to do, goes beyond legal requirements.

Ethical dilemma

A conflict between two valid choices requiring moral judgment.

Consequential - Ethical approach

Focus on outcomes (greatest good)

Deontological - Ethical approach

Focus on rules/duties

Virtue - Ethical approach

Focus on moral character

Codes of ethics (types)

General (SPJ)

Topic-specific

Platform-specific

Organizational

Codes of ethics (purpose)

Translate principles into action

Define values

Limitations of codes of ethics

Not legally enforceable.

SPJ Code of Ethics principles

Seek truth and report it

Minimize harm

Act independently

Be accountable and transparent

Journalist accountability mechanisms

Ethical codes

Transparency (corrections)

Public trust and reputation

Risk of legal consequences

AI in journalism

Tool that presents opportunities and challenges but does NOT replace journalists.

Challenges to press freedom

Government attacks on press

Economic pressures

Ownership influence

Lack of funding

Entrepreneurial journalism opportunities

New funding models

Independent journalism growth

Adaptation to changing media landscape

Optimism about journalism

Continued importance of press freedom

Public support (paying/donating)

Journalism's role in democracy remains essential