How can my school get involved
in the New Voices campaign? QT21
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.
That still leaves 38 states without overt student press rights protections, which muddies the waters for students, advisers, and school administrators.
If you live in a state without clear student press protections, work with your state-level scholastic media organizations, professional news organizations and school administrators to show the benefits of doing so.
The most important element of student press protection is that it establishes, state by state, a practical First Amendment laboratory in the schools, where students are empowered to make decisions, develop civic efficacy and establish ethical decision-making guidelines.
It also benefits schools and administrators in that it establishes clear and specific guidelines for student press that would not be acceptable. In most cases, that means libel, invasion or privacy, obscenity, or language that materially disrupts the rights of others to learn.
Students in states that have clear student press protections can also help by sharing the success stories of their real-life practice of the First Amendment in their schools. How has your classroom experience helped you make ethical decisions? How have you become more of a leader because your state law empowered you to do so?
Guideline
Support free expression for others in local and larger communities
Stance:
Students in all schools should actively support student press rights legislation in their states and/or other states with active legislation.
Reasoning/suggestions:
The New Voices campaign has successfully created student press protection laws in several states in the last two years. Currently, 13 states explicitly protect student press rights.
Building student media programs by protecting student press laws is one of the most efficacious means of building civically minded students. In a time when the media is increasingly under fire for the accuracy of their reporting, it’s critical we foster an environment in high schools which promotes ethical, truthful and accurate storytelling while protecting students’ rights to tell those stories.
Teachers and students who would like to be active in this movement, should contact their JEA state directors or reach out to the Student Press Law Center.
Resources:
JEA updates its Adviser Code of Ethics
Center for Scholastic Journalism Legislative Conference videos
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Publishing memes also means
knowing copyright rules QT14
Memes.
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.
If it’s not considered fair use, student media could be sued for copyright infringement or receive a letter demanding payment for use of the copyrighted work.
There is not much precedent about the use of memes and whether they are considered a fair use under copyright law.
That is the ultimate question.
If students comment on the meme itself, their use is probably going to be considered a fair use and it should be fine. Attribution is ethically appropriate but it’s not legally required.
On the other hand, if students use the meme because it illustrates something they want to say and they’re not engaged in some commentary about the original copyright work, it wouldn’t be a fair use, even if you attribute it. And in either case, attribution isn’t really a factor. Attributing a work to its source doesn’t avoid a copyright infringement claim.
Guideline and policy
Although most copyright owners might not complain about the use of their work in a meme, some have pursued payment from individuals who used their images without permission.
Being careful is wise.
Key points/action: There is not much precedent about the use of memes and whether they are considered a fair use under copyright law. That is the ultimate question.
If it’s not considered fair use, you could be sued for copyright infringement or receive a letter demanding payment for use of the copyrighted work.
Stance: If your students are commenting on the meme itself, their use is probably going to be considered a fair use and it should be fine. Attribution is ethically appropriate but it’s not legally required.
Reasoning/suggestions: On the other hand, if your students are using the meme because it illustrates something they want to say and they’re not engaged in some commentary about the original copyright work, it wouldn’t be a fair use, even if you attribute it. And in either case, attribution isn’t really a factor. Attributing a work to its source doesn’t avoid a copyright infringement claim.
Another potential copyright concern is with video dubs. Although a common event in some schools, video dubs need to be handled with legal and ethical care. It is essential, if the product is to go on the web, it is essential to follow all copyright requirements.
Guidelines for these may be found here.
Student media set a strong model for others to follow, so it is incumbent on them to follow copyright laws and ethical guidelines.
Resources: Mark Goodman, Knight Chair in Scholastic Journalism, Kent State University, September 2017.
How copyright is killing your favorite memes
Read my lips: Students should exercise caution when producing lip sync videos
Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package that protects journalistically responsible student expression.
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Allowing sources to preview content
is ethically questionable QT12
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?
Showing media content to sources is really just another form of prior review — but one with some hidden challenges. Sometimes the source can make it sound like its his or her understood right to review, and an untrained reporter might just agree. Also, the adult often believes the student might “get it wrong” and publish misinformation that could create problems. However, both students and sources should build trust in the reporting process by demonstrating integrity in their information-gathering and fact-checking processes.
Guideline:
Sources do not have the right to review materials prior to publication. Allowing sources to preview content at any stage of production raises serious ethical and journalistic practice questions.
Stance:
Showing media content to sources is a topic that may come up unexpectedly. Often a school administrator, teacher or other “adult of power” makes the request, and student reporters are unsure if they can — or should — refuse. This creates confusion and misunderstanding.
Students should not show content to sources because it is another form of prior review with ethical and journalistic challenges. They should be aware such requests are possible and know what to do if they happen.
Reasoning/suggestions:
Showing media content to sources is really just another form of prior review — but one with some hidden challenges. Sometimes the source can make it sound like its his or her understood right to review, and an untrained reporter might just agree. Also, the adult often believes the student might “get it wrong” and publish misinformation that could create problems. However, both students and sources should build trust in the reporting process by demonstrating integrity in their information-gathering and fact-checking processes.
Students may opt to verify quotes by reading them back to sources. If sources indicate quotes are inaccurate, students should check their notes and act accordingly. This should not include changing the original quotes because sources want to revise their statements.
Another unintended consequence of seeing the entire story: If sources see others’ quotes or information in the story, they have an opportunity to refute them before anything is published, giving one source an advantage over the other.
Resources:
“Show and print,” American Journalism Review
“Ethical Case Study: A lesson on the rules of prior approval of quotes, content”
The Essentials of Sourcing, Reuters
Writing and Reporting the News, Carole Rich
Sharing Stories With Sources Before Publication Is Risky, But Can Improve Accuracy, Steve Buttry
Lesson: Crafting the Argument, Journalism Education Association
Lesson: A Lesson on the Rules of Prior Approval of Quotes, Content, JEA Scholastic Press Rights Committee
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The issues with April Fools coverage QT 11
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?
As a publication that strives for authentic, storytelling journalism for your community, breaking that convention for a satirical, or even mean, publication is counter to the principles good journalists should strive for. When you break the conventions and principles for which you are known to produce satire, you may be opening yourself up to charges of libel, obscenity, or even disruption. Satire is incredibly hard to do consistently well and correctly, and it is best left to the professionals who have far more protection.
Guidelines: April Fools issues have little to no journalistic value and do not advance the brand of student media. As a result, students should not publish an April Fool’s issue.
Question: Are April Fool’s issues and satire worth the risk? What is the journalistic value of publishing April Fools materials?
Key points/action: If your goal is to publish factual stories with impact and significance, then publishing April Fools material and other fake news may not be your priority. To publish information you know is false might lead to other legal and ethical issues, but if your media are designated public forums, that would be your choice and your responsibility.
Students publishing information they know is not true would be well advised to have a good grasp of legal and ethical journalistic standards.
Professionals have mastered the art of satire and comedy as a form of news reporting, but does that mean we should be trying to teach it in high school? Publications like The Onion have shown us satire can tell stories at the same time that they entertain, but can we effectively teach students to master the same skill
Stance: There are no quick and easy absolutes. Students need to balance their free expression rights with their mission and social responsibility to truth, accuracy and verified reporting. School publications put themselves at great risk when they publish April Fool’s issues and/or satire.
Reasoning/suggestions: Publishing something knowingly false raises significant legal issues of libel and malice and the newly concerning fake news plague. Decisions to choose a path that brings your student media into conflict with serious legal and ethical issues would have to fulfill essential media missions and goals.
Professional publications engaging in satire do so with a clear brand. Most of the public clearly recognizes the convention of the medium, and that gives it much more protection. Your student publication does not have the same brand.
As a publication that strives for authentic, storytelling journalism from your community, breaking that convention for a satirical publication is counter to the principles good journalists should strive for. When you break the conventions and principles for which you are known to produce satire, you may open yourselves to charges of libel, obscenity or even disruption. Satire is incredibly hard to do consistently well and correctly, and it is best left to the professionals who have far more protection.
Resources:
April Fools’ negatives outweigh positives, usually don’t fulfill techniques of satire
SPLC article: The joke is on these college editors — offensive April Fools humor can backfire badly
Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package that protects journalistically responsible student expression.
Read MoreSo your student media
want to do senior wills? QT10
Because senior wills have minimal journalistic value and great potential for damage, they should not be used in school publications.
Seniors wills have been dying a slow death in high school yearbooks. Yes, students love them, but can we defend them as a journalistic device? Do they represent the best of our work, and the most creative way to tell the stories of students in our schools?
Publishing something information not related to all students and which creates significant issues of review might have harsher outcomes than foreseen. Passing Senior Wills off to the senior class for publication might be a workable solution to solving a clash between professional standards and meeting student desires.
Guideline: Because senior wills have minimal journalistic value and great potential for damage, they should not be used in school publications.
Question: What is the journalistic value in publishing senior wills?
Key points/action: Seniors wills have been dying a slow death in high school yearbooks. Yes, students love them, but can we defend them as a journalistic device? Do they represent the best of our work, and the most creative way to tell the stories of students in our schools?
Stance: Students need to balance their free expression rights with their mission and social responsibility to truth, accuracy and verified reporting. Senior wills should be taken out of your yearbooks and replaced with better ways of telling student stories.
Reasoning/suggestions: Publishing something information not related to all students and which creates significant issues of review might have harsher outcomes than foreseen. Passing Senior Wills off to the senior class for publication might be a workable solution to solving a clash between professional standards and meeting student desires.
Senior wills are a vestige of the past and serve little purpose in advancing the stories of the school year. When you allow senior wills, you are inviting others to create content for the product which has your name behind it. You lose control of the message and invite students the opportunity to include inside jokes, Libel, innuendo or other messages which may harm other students in your school. Content could slip in that covertly bullies or harms members of your community, and you would be responsible for it.
Resources: Winner of ‘worst reputation’ award sues Ind. High school over comments in newspaper
Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package that protects journalistically responsible student expression.
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