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Current First Amendment issues worth noting

Posted by John Bowen on Jun 1, 2014 in Blog, Ethical Issues, Legal issues, News, Scholastic Journalism, Teaching, Yearbook | 0 comments

Looking for discussion starters for the end of school?

For the latest on three nationally ongoing censorship issues, check out:

Fond du Lac, WI

• Cardinal Columns: Filthy administrative minds, “dangerous advice” and the persistent kids of Cardinal Columns
http://www.first-draft.com/2014/05/cardinal-columns-filthy-administrative-minds-dangerous-advice-and-the-persistent-kids-of-cardinal-co.html

• They’re still censoring the Cardinal Columns FYI – now deny seniors a final issues
http://wisoapbox.blogspot.com/2014/05/theyre-still-censoring-cardinal-columns.html

• Fond du Lac students protest school censorship
https://www.youtube.com/watch?v=mnCgt57cuQM

• Lessons in school censorship
http://host.madison.com/news/opinion/column/guest/ben-bromley-lessons-in-school-censorship/article_3d46f96e-cb4c-563a-b802-046717376398.html

• Censorship Storify
https://blogs.uww.edu/j237alyssaentringer/2014/05/04/148/

Neshaminy, PA
• Neshaminy board tables controversial publication policy changes
http://stoganews.com/news/neshaminy-board-tables-controversial-publication-policy-changes/13803/

• Controversial Neshaminy policy going back to committee
http://levittownnow.com/2014/05/23/controversial-neshaminy-policy-going-back-to-committee/

• Why forcing a student newspaper to use a racial slur is wrong on so many levels
http://bangordailynews.com/2014/05/12/opinion/why-forcing-a-student-newspaper-to-use-a-racial-slur-is-wrong-on-so-many-levels/

• Playwickian staff implores Neshaminy board not to adopt policy preventing student newspaper from banning use of ‘Redskin’ mascot name
http://www.buckslocalnews.com/articles/2014/05/07/the_advance/news/doc536a78353af44687155661.txt

Heber City, UT
• Altered yearbook photos at Utah high school spark controversy
http://www.nbcnews.com/news/us-news/altered-yearbook-photos-utah-high-school-spark-controversy-n118496

• School alters girls’ yearbook photos to cover bare skin, is not sorry
http://www.latimes.com/nation/nationnow/la-na-nn-girls-yearbook-photos-altered-20140529-story.html

• Photoshop a yearbook photo neckline, and you tell a teen to be someone else
http://www.theguardian.com/commentisfree/2014/may/30/photoshop-yearbook-photo-neckline-teen-school-utah

• ‘Shoulder-shaming’ girls at Utah high school: Why the big coverup?
http://www.csmonitor.com/USA/Society/2014/0530/Shoulder-shaming-girls-at-Utah-high-school-Why-the-big-coverup-video

• Students say altered yearbook photos meant to shame them (see related stories)
http://www.sltrib.com/sltrib/news/58000870-78/baum-photos-montoya-yearbook.html.csp#pd_a_8085098

In related coverage of journalism ethics now and in the fall, the question of how altering pictures in student media affects journalism as a whole and creates the potential of multiple ethical lessons.

• Editing yearbook photos not uncommon, says printer
http://www.sltrib.com/sltrib/news/58004843-78/yearbook-photos-utah-journalism.html.csp

JEA listed among key ethics and media law resources

Posted by John Bowen on May 15, 2014 in Blog, Law and Ethics, Legal issues, News, Scholastic Journalism, Teaching | 0 comments

JEA has been listed as a part of key media law and ethics resources by journalism degree.org titled 100 Key Ethics & Media Law Resources for Journalists.

“Modern journalists, and anyone else working in the media, have thorny ethical issues to contend with,” Kara James wrote in a letter notifying JEA president Mark Newton of the compilation. “The sites,organizations and articles listed here are good places for journalists (or journalism students) to learn more about the legal and ethical landscape of their field.”

The site for the compilation is http://journalismdegree.org/media-law-ethics/ .

Among other organizations listed include:
• SPLC
• Reporters Committee for Freedom of the Press
• Society of Professional journalists Ethics Handbook
• Nieman Journalism lab

JEA’s link is to the general website. Other JEA links would include the Press Rights Commission and the law and ethics curriculum for JEA members.

National scholastic journalism groups’ position on Neshaminy policy proposal

Posted by John Bowen on May 3, 2014 in Blog, Ethical Issues, Hazelwood, Law and Ethics, Legal issues, News, Scholastic Journalism, Teaching | 1 comment

As the national organizations of journalism educators committed to the training of future journalists and the preparation of citizens for life in our democracy, we write to express our vigorous opposition to the proposed policy changes under consideration by the Neshaminy Board of School Directors that relate to school-sponsored student publications

We find the proposed policy changes, which give school officials virtually unlimited authority to censor student journalism even of the highest quality, educationally unsound, constitutionally insufficient and morally indefensible. They are inconsistent with the student media policies recommended by national education experts.

Read my lips: Students should exercise caution when producing lip sync videos

Posted by MFromm on Apr 29, 2014 in Blog, Broadcast, Legal issues, News, Scholastic Journalism, Teaching, Uncategorized, Visual Reporting, Yearbook | 0 comments

By Megan Fromm
Sometimes, pop culture and reality align to provide the perfect anecdote for our weekly SPRC posts. This week, the timing of Jimmy Fallon and Emma Stone’s heated lip sync battle on the Tonight Show couldn’t have come at a better time. Earlier this week, the celebrities dueled over who could best move their mouth to a famous pop or rap segment, emulating thousands of videos already online in which people — often teens — attempt to look just like the musicians who originally released a song.

And while fans may have crowned Emma the lip sync queen, anyone concerned with copyright infringement should take this example to heart: When a person publishes a video — even if it’s only seconds long — of his/herself miming along to copyright music, that person could be violating copyright.

Need a refresher of copyright law? Visit the Student Press Law Center at www.splc.org or check out their Student Media Guide to Copyright.

Take, for instance, the case against Vimeo, a popular video sharing website. In an ongoing lawsuit that started in 2009, Capitol Records is suing the website, accusing Vimeo of posting videos that violated hundreds of the record company’s copyrights.

What makes music copyright especially complicated is that compositions may exist under several copyrights — one for the lyrics and musical arrangement, one for any particular production of the composition, and often one for the arts or imagery that accompany a musical record. Strictly speaking, without permission from the copyright holder, others cannot legally reproduce or redistribute the work in question.

Students initiating school-wide lip dubs is becoming increasingly common (for example, students in both Pennsylvania and Indiana produced their own), but simply calling it an “educational activity” because it happens on

So, students and teachers beware. And more importantly, be safe, legal and respectful by obtaining written permission before producing and publishing lip syncs as part of your student media program.

A newsroom guide for handling online comments

Posted by John Bowen on Apr 6, 2014 in Blog, Ethical Issues, Hazelwood, Legal issues, News, Scholastic Journalism, Teaching, Uncategorized | 0 comments

“The New York Times and The Washington Post have the two smartest teams of lawyers and editors in the world, and they’ve come to opposite conclusions. The Times is a review first/post later system and The Post is a post first/takedown later system. So there’s no industry standard or consensus.” – Frank LoMonte, Student Press Law Center

• Basically, there are two approaches for moderation of online comments:
— Post first and then take comments down if they are inappropriate
— Moderate and only post those that meet criteria

A third option, of course, is to allow no comments at all, but that runs counter to media serving as a forum for public expression.

For the most part, the same principles apply to handling comments as with handling letters to the editor in print or guest commentary in broadcast or online, including verification of sources and information. Once the decision is made to publish user comments or responses, label them clearly, keeping in mind your journalistic credibility and commitment to accuracy.

• How to handle inappropriate comments (*see model policy below)
Pulling down posted comments looks like censorship. And if you allow comments to be posted without moderating them first, you create the potential of incorrect and legally dangerous comments being captured/cached and available forever. Why publish something that jeopardizes your media’s ability to serve your community and then remove it after complaints or realizing it’s inappropriate? It’s all about the policy you establish, the atmosphere you seek to create on your site and your ability and willingness to enforce your rules and standards. Remember, if you edit comments and change the intent or meaning you are legally responsible for their content, according to Section 230 of the Communication Decency Act.

• Criteria for comments
Just as you need a policy for letters to the editor, you need a policy for determining when you will allow comments. Consider: Staffs can be responsible for the content of comments posted by others on their sites despite some special legal protections that exist in the online arena.

Ideally, those making comments will use real, verifiable names and email addresses. If they don’t, commenters could remain anonymous if the student editor knows their real names. Approving content ahead of time is not prior review because it is done by the student staff, not school officials. Anonymous comments should be taken down after a short time

Use of real names is an ethical issue. Knowing who a person is can give comments clarity, meaning and context, and add credibility. Because part of the impact of using comments is about creating community where all can participate and feel safe, knowing identities generates trust in the commenter and the comment. Search engines pick up comments as if they were content, so you have an obligation not to spread falsehood; information must be verified

• Be upfront and transparent about your policy and explain it thoroughly
Student media can establish a forum by setting ground rules of prior approval/rejection without changing content unless cleared with the author. Do not edit or revise comment content. Revisions should be made by the author.

Once posted, comments or information should not be removed for transparency, accuracy and reality in terms of establishing a historical record.

• Establish a procedure for handling comments
Appoint an online editor and staff to vet comments (which means training for that staff on how to handle comments). Online comments should be signed with verifiable addresses and IDs that are verifiable. Require real names or IDs known by student editors or identify who will verify the names and identification before publication

Study other media, including The New York Times, The Poynter Institute and The Washington Post, for guidelines as part of the process of setting up a policy. Decide what is permissible in comments ahead of time and clearly publicize the criteria. An example would be no personal attacks. Also publish a statement that a student “editor” will contact the poster for information, clarification, to have writer correct grammar, etc.

* A model policy section for handling comments might look like this, with content adapted from The Washington Post , The Poynter Institute and introductory wording modeled on The New York Times:

Model Comment Policy

We moderate comments to enable readers to share, without abusing others, informed and intelligent views that enhance the marketplace of ideas, focused to the topic of discussion not the presenter.

By posting comments:
1.We recommend use of real names for commenting. We will allow anonymous just like we allow anonymous sources provided we have verified the commenter’s identity.
2.You agree not to submit inappropriate content. Inappropriate content includes any content (as defined by the Student Press Law Center) that:
• Infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person
• Is potentially libelous or defamatory
• Is obscene, pornographic, or sexually explicit
• Violates a person’s right to privacy
• Violates any local, state, national, or international law
• Contains or advocates illegal or violent acts
• Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification
• Is predatory, hateful, or intended to intimidate or harass
• Contains advertising or solicitation of any kind
• Misrepresents your identity or affiliation
• Impersonates others

3.You agree you are fully responsible for the content that you submit. You will promptly remove any content that you have posted should you discover that it violates these rules or that it is otherwise inappropriate.

See more for the complete package:
Takedown demands?
Evaluating legal demands
Evaluating ethical choices
Decision models
10 steps to a “Put Up” policy
Resources