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Maybe #Firstonthefirst initiative can help move the needle

Posted by on Aug 1, 2018 in Blog, Featured, Law and Ethics, News, Scholastic Journalism | 1 comment

Maybe it was last night’s reflection on Anthony Kennedy’s final day serving as a Supreme Court justice.

Or maybe it was because I’m still recovering from the latest State of the First Amendment survey.

In case you missed it, more than one-third of the survey respondents (40 percent) could not name a single freedom guaranteed by the First Amendment. Only one out of the 1,009 people surveyed could correctly name all five freedoms.

That blows my mind, and I often think about what I can or should be doing differently to help move the needle outside the walls of my classroom.

So today I began what I’m calling #Firstonthefirst.

I made a commitment to talk to five strangers today and share with them about the First Amendment. I’m going to do it on the first of every month, and I hope you’ll join me.

It’s easy enough to visit with folks in line at Starbucks or the grocery checkout, or colleagues at school, or parents on the bleachers at your kiddo’s sporting event. A few minutes of conversation can make a huge difference. I want the people in my community to know the five freedoms and to have a better understanding of why the First Amendment matters.

To make a visual connection, I wore one of my First Amendment T-shirts, and I’ll do that for each #Firstonthefirst. There’s something about seeing those 45 words (or in the case of this shirt, my favorite of those 45) that makes it more memorable, and I hope to leverage the power of social media to spread this movement and get my students — and all of you — having these First Amendment conversations as well.

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What is copyright?

Posted by on Jul 31, 2018 in Law and Ethics, Legal issues, Teaching | 0 comments

When students violate copyright, they are stealing from the original copyright holder.

This reference area provides information on what copyright and fair use are, provides guidelines and provides best practices and copyright free resources.

 

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Stories students can best tell:
Reporting protests, walkouts and marches

Posted by on Mar 29, 2018 in Blog, Featured, Law and Ethics, News, Scholastic Journalism, Teaching | 0 comments

Between March 14 and March 24, the SPRC shared legal and ethical guidelines as well as coverage suggestions for reporting walkouts, protests and marches.

Because the topics are still ongoing and current, we’re loading all of our advice under one banner, for your convenience.

If you have other questions or examples of coverage you would like to share here, please submit them through the comments section below.

We intend to add material as needed or available.

Students, join movement to make change: Mary Beth Tinker
Legal issues in covering protests
Tips for reporting protests
Tips of audio reporting of protests, walkouts
Plan and pack for social media coverage of protests
More than a march: a civics lesson and a wake-up call
SPRC package offers  insights for reporting protests, marches
Reporting stories student journalists can best tell

Shared materials 

• Eric Garner shared this collaborative documentary created by the students of WMSD-TV at Marjory Stoneman Douglas High School, as well as students and alum from schools across the country. It covers the days after the incident as the school begins the rebuilding, and healing, process. youtu.be/8EB5Uk5l660

• Coverage by Harker School of San Jose and San Francisco student marches. https://www.youtube.com/watch?v=JufhGhnFAbk

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Never doubt the reality and power
of the First Amendment

Posted by on Mar 5, 2018 in Blog, Law and Ethics, Teaching | 0 comments

by Stan Zoller, MJE
It’s a staple of any journalism curriculum.

It’s on T-shirts.

It’s on ties.

It’s on posters and protestor’s signs.

It’s on our minds.

But is it in our hearts?

It is the First Amendment.

Attention to the First Amendment has escalated lately with the number of walkouts and demonstrations by students in wake of the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida. 

It is another case, tragic as it is, of people – not just students – rallying around the First Amendment when it becomes a necessary tool. Fact is, the First Amendment needs to be front and center all the time.

Far too often scholastic journalists use the First Amendment to celebrate various special events like Constitution Day or Scholastic Journalism Week, which make sense as the First Amendment is the foundation which enables journalists, scholastic, collegiate or professional, to practice their craft.

Unfortunately, fear sometimes creates a roadblock for the practice of the First Amendment. All too often journalism educators quiver over the possibility of running a “controversial story” because they may get in trouble with their administration.

As difficult as it may seem, more journalism educators – and student journalists – need to take that chance and tell their administrators that scholastic media’s job goes beyond reporting on Muffy and Chip who were selected Homecoming Queen and King.

As difficult as it may seem, more journalism educators – and student journalists – need to take that chance and tell their administrators that scholastic media’s job goes beyond reporting on Muffy and Chip who were selected Homecoming Queen and King.

Here’s where the challenge comes in.  Don’t just tell people you have First Amendment rights – practice them.

Fear is a great motivator by many school administrators. We should overcome that fear by using the First Amendment.

As journalism educators we need to teach students to emulate the work of leading reporters who don’t live in fear by practicing the First Amendment.

Like Jamie Kalven. That’s probably not a name many, or if I dare say, most scholastic journalism educators will recognize. Kalven is, a writer and human rights activist. His work has appeared in a variety of publications. In recent years, he has reported extensively on patterns of police abuse and impunity in Chicago. He is director of the Invisible Institute (invisible.institute.org), which, as noted on its website, “… is a journalistic production company on the South Side of Chicago. Our mission is to enhance the capacity of citizens to hold public institutions accountable …”

Kalven’s background (Kalven background) is beyond impressive, as is his work. He has gained notoriety for pursuing the release of the dash cam video of Chicago Police officer Jason Van Dyke who allegedly shot Chicago teenager Laquan McDonald 16 times.

Kalven’s work related to police actions has received national attention and earned him numerous awards.

But what recently propelled him into a First Amendment fight was a subpoena he received as part of Van Dyke’s trial which, in Kalven’s words, demanded that “I answer questions about the whistleblower whose tip prompted me to investigate the fatal 2014 police shooting of 17-year-old Laquan McDonald.”

Kalven, in an article, “The First Amendment Transcends the Law. It Gives Us Strength In Dark Times” notes that a major thrust of the intent of the subpoena was that he had received documents about the dash cam video “… to seek to compel me to testify on the basis of their claim, for which they offered no evidence, that the source had given me documents protected under the Garrity rule, which protects public employees from being compelled to incriminate themselves during internal investigations conducted by their employers.”

Kalven writes that “From the outset, I made it clear that I had received no Garrity-protected documents and that I would refuse to answer any questions that might reveal the identity of the source. There was nothing heroic about this stance. It was not a choice. I was simply doing my job as a reporter.”

Read that last line again: “There was nothing heroic about this stance. It was not a choice. I was simply doing my job as a reporter.”

Which is what journalism teachers need to teach their students.  Kalven’s piece, which can be found at Kalven article is an amazing tale of the court battle surrounding his subpoena. It is an outstanding teaching aid and journalism adviser and educators should incorporate it into their First Amendment curriculum.

How did Kalven’s subpoena battle work out?

As he describes it: “In the end, the hearing proved anticlimactic. Gaughan (Judge Vincent Gaughan) distributed a written order quashing the subpoena. He did not reach the issue of reporter’s privilege. “To uphold the subpoena of Jamie Kalven,” he wrote, “would be nothing more than a fishing expedition in search of information that the timeline of events, discovery documents, and testimony suggest simply does not exist.”

And, writes Kalven, “The ruling has been hailed as a victory for freedom of the press.”

Which, when all is said and done, is what we are all striving for.

“If civic courage is a social value, rather than an individual endowment, then we have the capacity to generate it — to give each other heart for the intensifying struggle to preserve First Amendment freedoms that lies ahead. Speaking as a grateful beneficiary of that dynamic, I have no doubt of its reality and its power.”–Jamie Kalven

Kalven’s article doesn’t end there. He details the impact and importance of the First Amendment in his walk-off in which he notes:

“If civic courage is a social value, rather than an individual endowment, then we have the capacity to generate it — to give each other heart for the intensifying struggle to preserve First Amendment freedoms that lies ahead. Speaking as a grateful beneficiary of that dynamic, I have no doubt of its reality and its power.”

Its reality and its power – journalism educators need to factor that into their lessons on the First Amendment.  Its importance goes beyond posters, t-shirts and merely memorizing the 45 words.

In the end, it comes down to two things:  its reality and its power.

 

Additional resources:

About Jamie Kalven:  Kalven background

About the Invisible Institute: invisible.institute.org

Kalven’s article: The First Amendment Transcends the Law. It Gives Us Strength in Dark Times

A guide to Freedom of Information and Sunshine Laws: FOI and Sunshine Law Info.

 

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Today is Day of Action Day
for curing 30 years of Hazelwood

Posted by on Jan 31, 2018 in Blog, Law and Ethics, News, Scholastic Journalism, Teaching | 0 comments

 

The SPLC has events scheduled throughout Jan. 31 to bring attention to the negative effects of Hazelwood v. Kuhlmeier.

This month marks the 30th anniversary of the Supreme Court decision, which gives public schools the right to censor student publications. Now, more than ever, we need a coordinated effort to protect student journalists’ rights.

Here’s how the SPLC suggests schools (and others) can speak out about the damage this case has brought:

  1. Speak out on Twitter and Instagram why you think student journalists deserve better than the Hazelwood standard using #CureHazelwood.
  2. Change your profile picture to #CureHazelwood to help support the cause.
  3. Tune in to Facebook Live. At the top of every hour from 10am ET through 7pm ET we’ll have 10 minute mini-broadcasts from lots of cool people talking about the impact of censorship on student journalists and the need to overturn Hazelwood. We even have Cathy Kuhlmeier Frey (the named plaintiff and brave student journalist) as one of the guests.  Everyone will be broadcasting live from the SPLC Facebook Page. Make sure to like the page and follow us so you don’t miss it! (Full schedule here.)
  4. Check out our Hazelwood: Then and Now webinar: Hear from former SPLC directors Frank LoMonte and Mark Goodman and current senior legal counsel Mike Hiestand as they talk about what it was like when the Hazelwood decision came down and the rise of the New Voices movement in response. Tune in to our YouTube channel at 11 a.m. ET.

Two videos developed by JEA’s SPRC also talk about Hazelwood’s history and legacy.

A one minute roundup.

And a 3.5 minute explainer:

The SPRC also  has the additional materials about Hazelwood:

A Teacher’s Kit for curing Hazelwood

Payng the cost of Hazelwood

• Seeking to cure the Hazelwood blues

Another 45 essential words

 

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Quick Tips index

Posted by on Jan 9, 2018 in Blog, Featured, Law and Ethics, Quick Tips, Scholastic Journalism, Teaching | 0 comments

A summary of SPRC

Forum status of student media
• If you’re developing a new policy, the Scholastic Press Rights Committee recommends using language something like this:

[Name of publication] is a designated public forum for student expression. Student editors make all content decisions without prior review from school officials.

Prior review v. prior restraint
In brief, the Journalism Education Association has found prior review has no educational value. Instead, JEA believes it is simply the first step toward censorship and fake news. Prior review also contributes to self-censorship and lack of trust between students, advisers and administrators. Prior review conflicts with JEA’s adviser code of ethics.

What should go into an editorial policy? What should not?
Editorial policies are the foundations for your journalism program. Often short, these statements address forum status, who makes final decisions of content and prior review.

Student media policy may be the most important decision you make
Students should understand while they can and should adopt best legal practices and ethical guidelines for their publication, the school district’s or school board’s media policy (if one exists) could impact the legal and ethical decisions of student editors.

What do you do in the event of student faculty death?
It’s important to have a guideline in place before a student or staff member dies. Journalists should report a student or staff death in an objective, consistent manner that has been decided when the staff manual is being revised. Choosing what to publish at the time of any tragedy is not wise and can cause staffs to make choices that create problems in the future.

Balance and objectivity are key to reporting
Balance and objectivity don’t mean isolation and a lack of care about people and their stories.

They do mean trying to report all points of view as best you can and providing background and context for the story.

Free press –– why students should make all decisions of content
For students to prepare themselves for their roles in a democracy, they must be able to practice guarantees of the First Amendment, thus knowing they can make a difference.

Avoid senior quotes; give them to senior class for publishing
The question of using senior quotes in student media came up recently on JEA’s listserv. The Scholastic Press Rights committee would urge schools not to run them, but turn them over too the senior class as part of its responsibility.

Should student media publish senior superlatives?
Publishing senior superlatives, if seniors decide they are worthwhile at all, is one of those “traditions” best moved from student media to those who most clearly benefit – the senior class.

So your student media want to do senior wills?
Because senior wills have minimal journalistic value and great potential for damage, they should not be used in school publications.

The issues with April Fools coverage
April Fool’s issues are fake news and can damage student media’s credibility.

Yes, some find them acceptable, but their negatives far outweigh their positives. The ultimate question is are they worth the risks?

Allowing sources to preview content is ethically questionable
The newest reporter on staff chooses to cover the story about the Science Department’s new policy on studying animal life. To do so, she must interview the head about a new policy on studying animal life. It’s fairly controversial because People for the Ethical Treatment of Animals (PETA) is strongly opposed to dissection and the new curriculum for advanced biology includes that.

What to do if sources, including the expert, want to see the story ahead of time?

Takedown requests: When the right to preserve history conflicts with the desire to forget it
As more student newspapers move to digital platforms, editors and advisers are facing a new and insidious form of post-publication censorship: takedown requests.

The requests usually go something like this: “I was a student at [fill in name] high school [fill in number] years ago, and I was interviewed/wrote a story/was in a photo/made a comment that I regret now. I don’t want this showing up in Google searches. Please remove this story from your site.”

Publishing memes also means knowing copyright rules
Entertainment. Political statements. A way to comment on issues, events, people

And, if not done correctly, says Mark Goodman, Knight Chair in Scholastic Journalism, a way to violate the owner’s copyright. A violation several owners pursued.

Who should be on student media editorial boards, make decisions?
Because student media are productions of student work, only students should be on editorial boards of student media. That would include the general manager and producers of broadcast media.

The importance of staff editorials
Student editors are busy. In addition to leading their staffs, making publication decisions and helping reporters, they are likely also still reporting and creating their own news content — not to mention carrying a full academic high school load.

Covering controversy
Although some administrators would like for students to only publish “positive” stories, a journalist’s job is to watch and report on the school. This may involve students including stories that might make the school “look bad.”

Disturbing images: public’s right to know v. invasion of privacy
A 9-year-old girl, burning from napalm, runs naked down a Vietnam road. A vulture watches a Sudanese child, emaciated from famine, crawl across the ground. Two yellow-clad health workers carry a limp 8-year-old boy who might be infected with Ebola to a treatment facility.

Determine who owns student work before publication begins
Absent a written agreement indicating otherwise, student journalists own the copyright to the works they create. Each media outlet should ensure it has clear policies in place for staff members and the publication that spell out ownership and the right of the publication to use student work

The role of the adviser is multifold, but ethically, practically not a doer
The role of the adviser in student-run media incorporates teacher, coach, counselor, listener and devil’s advocate but not doer. We like the JEA Adviser Code of Ethics as guides for advisers.

That role means letting students make all decisions including content, context and grammar.

How can my school get involved in the New Voices campaign?
Almost a quarter of all states have now passed legislation protecting voice in student media, and instilling the virtues of the First Amendment as state statute for student media. North Dakota’s success in 2015 seemed to spark the latest fire that has seen legislative recognition of student speech in Illinois, Maryland, Vermont and Rhode Island.

Empowering student decision-making
The role of the adviser in student-run media incorporates teacher, coach, counselor, listener and devil’s advocate but not doer. We like the JEA Adviser Code of Ethics as guides for advisers

Responsibility in scholastic media starts with ethics, accuracy, complete story
Administrators may want student media that depicts the school in a positive light, that promotes good news and overlooks the negative.

Is this responsible journalism?

Advisers may want student media that reflects students’ technical proficiency such as mechanics, grammar and style. Little else matters.

Is this responsible journalism?

Decision-making for most student broadcasts protected same as print, online
As more schools expand their journalism programs to include broadcast and radio, it should be clear how Tinker and Hazelwood positively or negatively affect broadcast programs

The answer is: it depends.

If they go out over the broadcast airways, Federal Communications Commission regulations apply.

Muzzle Hazelwood with strong journalism status as an open public forum
Forum concept reinforced by Dean v. Utica Community schools decision

Dealing with unwanted, forced prior review?
JEA historically has opposed prior review of student media by school officials.

That opposition continues.

Prior review leads only to control, active censorship and iis the first step toward the spread of fake news and less than complete disinformation.

What, students have rights?  Since 1943
Before the Barnette decision,when students came into conflict with public schools, the courts decided their cases—often against the students—without mentioning students’ right. They considered if the punishment was excessive (beating with a rawhide strap was okay in 1859). They also debated if it was the parents’ right or the schools’ right to discipline the students. The First Amendment was never mentioned.

Journalism integrity guides student media
As scholastic media advisers and students develop policies and guidelines to guide them with journalism standards, they should note these words: The only thing students have to lose as journalists is their credibility.

Ethical guidelines for monitoring yearbook coverage
Arguably, the two biggest complaints most yearbook staffs hear are that a wide cross section of the school is not covered adequately, and quotes are not represented accurately. These are tough criticisms to hear, but staffs must consider the potential criticism while they create the book.

Equipment purchase does not men content control
It has long been understood that school purchase of equipment or provision of a room that is not the only factor in who controls the content.

There other factors, including a guiding court decision.

Ethical photo editing, visuals
Student media should avoid electronic manipulation that alters the truth of a photograph unless it is used as art. In that case it should be clearly labeled as a photo illustration.

Academic dishonesty lessens media effectiveness
Dishonesty compromises the integrity and credibility of the student publication. The editorial board and/or adviser should address any instance of academic misconduct immediately

Social media that works in high school classrooms
Social media has had such a profound effect on journalism that it’s sometimes hard to remember how traditional news functioned before it. Reading this 2009 MediaShift article is a powerful reminder that Twitter wasn’t always the source of breaking news. In fact, as author Julie Posetti wrote just eight years ago, “Some employers are either so afraid of the platform or so disdainful about its journalistic potential that they’ve tried to bar their reporters from even accessing Twitter in the workplace.”

Handling online comments
Deciding whether to accept online comments can be a tough decision they can carry a lot of baggage. How to review and verify them? How does refusing to run them affect your forum status?

And that’s only the first decision.

When sources don’t respond
The publication staff will provide every reasonable opportunity for sources to respond to a request for an interview. Students must first attempt to contact the source in person or through an administrative assistant. If the person is not available, they should attempt calling and leaving a message with a request for an in-person interview. If, after 24 hours, the source does not respond to the telephone call, staffers should send an email requesting an in-person interview with a clear deadline by which the staffer will include the line “the source did not respond to an interview request.”

The perks of being a wallflower: How a school district escaped a lawsuit by fostering an independent student press
Because Lexington High School students made all the editorial, business and staffing decisions for both the LHS Yearbook and the school paper, a suit against the district failed. The school’s superintendent, principal, the two publication advisers and the five school members of the school committee escaped unharmed from the suit that alleged they were violating the First and Fourteenth amendments when the school publications refused two ads.

Choosing topics for editorials
The best and most effective staff editorials are those that tackle an important topic and then give audiences a reason and a way to address it.

The importance of staff edits: critical thinking, leadership
Student editors are busy. In addition to leading their staffs, making publication decisions and helping reporters, they are likely also still reporting and creating their own news content — not to mention carrying a full academic high school load.

Given all of these responsibilities, it’s easy to see why writing an unsigned staff editorial might seem a lower priority than getting the next edition to print or finishing that great feature on the new student body president.

What is the process if someone wants to submit a guest commentary
Accepting guest commentaries, offered randomly, reinforces student media’s role as a public forum for student expression.

Letters or commentary can enhance public forum role
Publishing letters to the editor is another way of fulfilling student media’s forum obligations to engage audiences through journalistic responsibility.

That said, students should establish clear criteria for identifying the authors, receiving and verifying the information. Such viewpoint neutral guidelines do not violate the author’s free expression rights.

The process of deciding staff editorials
Keys to effective editorials include focused positions, credible sources and meaningful topics. If the topic is focused on issues and problems, strong editorials include a call to action or possible solutions.

“I wrote that just to get a grade:” Students should write what they believe
To ensure credibility, students should only write opinion stories that represent their beliefs. If, during the research phase, the student changes his or her mind, then the story should be reassigned or the content of the story be altered to reflect the change in view.

Interviewing ‘people on the street’
Four categories of sources exist: experts, authorities, knowledgeable and reactors (sometimes called bozos). The first three should be credible. The last not so much.

Why ask “what do you think about the tax levy?” if the person has no knowledge at all?

Students should ask permission to record before interviews begin and ethical reminders about interviewing
One of those areas easily overlooked is asking for permission to record interviews. Ethically — and in some states legally — students should always ask permission to record an interview.

Make it matter: Scholastic journalism must do more than give facts
How can student journalists keep their publications relevant when information spreads faster than they can report it?

Professional journalists have struggled with this problem for years. Before the advent of the internet and social media, news producers — whether newspaper, radio or broadcast — were citizens’ primary source of information. News consumers found out about terrorist attacks and new government policies when they opened the morning paper or turned on the evening news

Make it matter: Verification essential as journalists seek truth
One key component of every journalist’s ethical code is truth. Given that Oxford Dictionaries named “post-truth” their 2016 word of the year and the president has called venerable traditional news sources “fake news,” getting the facts right is more crucial than ever.

Verifying information is an essential part of the reporting process.

Respecting privacy and public space  important for photographers
Student journalists should never invade the privacy of others while accessing information or photos for a story.

However. it is their journalistic duty to know what constitutes invasion of privacy or what spaces they are legally allowed to access and what spaces they are not legally allowed to access.

Seeking visual truth is just as important as written truth
A reporter working on a story pauses from her transcription. “Hm,” she thinks. “This is a good quote, but my source could have said it so much better. I’ll just change it around and add a bit …”

By this point, responsible student journalists and their advisers are horrified. Of course you can’t change a source’s quote! Our job is to seek truth and report it, not to create fiction.

Consider emotional impact as well as news values when choosing images
When the editors of the Panther Prowler, the student-run school newspaper for Newbury Park High School, decided to write a feature article about teenagers having sex in 2015, they knew it was going to be controversial. The controversy wasn’t just about the content of the article, however — it was also about the image they paired with it, which appeared on the cover of their special edition magazine.

Since the article’s focus was the impact of limited sex education in and out of the classroom, the editors decided to use an iconic sex ed image: a condom on a banana.

Keeping ads and content separate
Student journalists should maintain a wall between promotional/paid content and journalistic content.

That historical wall should remain intact to help reassure audiences the content they receive is as thorough and complete as possible.

As Bill Kovach and Tom Rosenstiel say in The Elements of Journalism, journalists’ first loyalty is to the truth while maintaining an independence from those they report.

Handling controversial ads/content
Student media should not discriminate against advertising based on students’ personal beliefs.

For example, students should attempt to include advertisers from multiple perspectives. According to the federal court decision in Yeo v. Lexington, student editors have the right to reject advertisements and school administrators are not legally responsible for advertising decisions students make.

Handling sponsored content, native ads
Although it is quite possible scholastic media will never face making a decision to run material known as sponsored content or native ads, students and advisers should prepare guidelines just in case.

Sponsored content and native advertising, two media terms for paid materials, are becoming a fact of life for media and consumers. That said, student media, when faced with publishing them, should act carefully and with the best interests of the audience/consumer first.

Ad placement 
Newspapers used to keep in-depth, front page and opinion pages completely separated from advertising.

The thinking was the advertising and promotion of products should not appear to influence a newspaper’s editorial choices. They wanted to keep their most important pages dedicated to the content they deemed most important.

Political ads: Who can place an advertisement
Students make all content decisions, including those related to advertising, and maintain the right to reject any ads.

Student media do not necessarily endorse the products or services offered in advertisements. Students should strive to retain as much control of funds or services obtained from the sale of advertising, subscriptions or other student fundraisers as possible. All businesses should have a street address

Accepting ads from competing organizations
Students who sell ads sometimes hesitate to solicit advertising from competing companies. They sometimes have a loyalty to one of their clients or they believe their clients will be frustrated if their competitor is also advertising in the same publication.

This is a good problem to have. Too many advertisers want to support your publication, and you should encourage a forum for advertising that is as robust as your editorial content

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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