Transparency needs to be crystal clear
– at all levels
by Stan Zoller
In an effort to enhance transparency and public access to some records, legislators in two states are sending a message to some schools – show us your privates.
Sort of.
Bills are pending in the Texas and Illinois state houses would require police departments or campus safety departments at private colleges and universities to comply with the Freedom of Information Act in those states.
According to the Student Press Law Center, the bill pending in Texas “…would clarify that a private college’s police department is a “governmental body with respect to information relating to law enforcement activities,” eliminating its ability to withhold some law enforcement records from the public.”
The Illinois bill carries essentially the same language. The SPLC reports the Illinois bill is actually “A proposed amendment to the Private College Campus Police Act would require campus police departments at private universities… to publicly disclose any information that other law enforcement agencies are required to provide under the state’s Freedom of Information Act.”
[pullquote]Both bills represent an effort in two states to ensure that information regarding public safety is not masked by a private school. What lies ahead depends on what lawmakers in both states do with their respective bills.[/pullquote]
So why are these bills important to scholastic journalism teachers and their student journalists?
Because both bills represent an effort in two states to ensure that information regarding public safety is not masked by a private school. What lies ahead depends on what lawmakers in both states do with their respective bills.
Hopefully both bills will pass and the public, not to mention lawmakers will realize an informed citizenry can make solid decisions based on well balanced media reports.
Transparency and access to public records is not college thing, nor is it just for the professional press. Scholastic journalists have the same rights to accessing public records and should be able to do so without fear of repercussion from teachers, department chairs or administrators.
Information available through the FOIA is public and Journalism educators should encourage their students to use their state’s FOIA to ensure that they have solid background information about public matters – whether it is an action by a school board, or transaction by a school district.
Journalism educators need to be well versed in their state’s FOIA so they can, obviously, advise their students on not only what is available via the FOIA, but the process involved in accessing public information.
Information obtained from the FOIA can be enlightening. Media teachers and advisers need to carefully work with their students about how information will be used. Some information, especially from police reports, can be detailed and appear sensitive.
Some administrators will claim it’s “personal information and you can’t use that.”
Hardly. It’s public information and yes, it can be used.
As previously noted, however, it may need to be used judiciously. If so, it’s imperative the reporter and media clearly note that the information was obtained by using the FOIA. No matter if information used in a media report or not, it does provide student journalists with outstanding background information. Obviously, it’s an excellent example of a direct source that adds depth to a story.
While administrators may decry its use, what that can’t decry is that a student journalist has done his or her homework and is practicing quintessential transparency.
And if they can’t accept transparency, they shouldn’t be an administrator.
Read MoreWorth checking out
Some current story ideas and resources worth checking out:
• The Society of Professional Journalists dedicates its Fall issue of its journal, Quill, to Freedom of Information. This year’s FOI issue can be accessed for free at: Fall 2013 FOI issue of Quill
• A New York Times article on schools watching student use of the Internet outside school:
http://www.nytimes.com/2013/10/29/technology/some-schools-extend-surveillance-of-students-beyond-campus.html
• How night you be able to localize (or would you want to) this policy statement from the American Academy of Pediatrics:
http://pediatrics.aappublications.org/content/early/2013/10/23/peds.2013-2821.abstract?sid=eb20f88e-7741-45be-949f-058aa197c2fe
• Teaching Journalism Ethics: a resource for scholastic media advisers: This set of lessons and activities about teaching ethical decision-making is by Maggie Cogar as part of her master’s degree.
• Check out the new, online version of The Principal’s Guide to Scholastic Journalism from Quill and Scroll.
• Ethics, a compilation of resources from SchoolJournalism.org.
• A new blog from Poynter, The Ethics Blog, is outlined in this Poynter article.
• A story to localize: what is bullying? Is it the newest way to get around Tinker?
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FOIA can put a lot of power in the hands of students
by Stan Zoller
One of the challenges associated with presenting at a conference – journalism or otherwise – is trying to figure out how many people will attend your session.
There have been times when I’ve had standing room only, and other times when I could have invited the attendees to Starbucks to discuss the topic over a latte.
I recently presented three sessions at a conference – one on news literacy, one on lede writing and one on using the Freedom of Information Act.
As I drove through the fall colors of Wisconsin, I wondered. My thinking was the lede writing would be packed because student journalists, often at the urging of their advisers, want to spice up their ledes, so I generally have a good turnout. And that was the case.
I wasn’t sure about News Literacy because too many high school journalists it’s a “new” topic, one often mistaken for media literacy. My expectations were that it would be a small turnout. I was right. Small, but enthusiastic.
But what about the FOIA presentation? You know, that “legal stuff” just ain’t as sexy as InDesign or how to raise money for pizzas. But to me, know how to access public records is important for all journalists, including scholastic journalists. So armed with a somewhat humorous title (Dropping the Journalistic F Bomb), I worked my way to the session hoping for the best.
The room was almost filled. In fact there were more students at my FOIA presentation than there were for my lede writing session. It must have been the F Bomb.
It was gratifying so many students had an interest in accessing public records and protecting the public’s right to know.
In addition to tips on how to use the FOIA, we discussed what to expect once you do use it, especially in scholastic media. The FOIA, like Twitter, Instagram or Facebook is essential to delivering timely news.
But it’s a tool.
And as is the case with any tool, you need to know not only how to use it, but why you are using it. The information available by using the FOIA is amazing. The bottom line is this, in most cases if it goes through courts, it is part of a public agency, or if it is government regulated, odds are it can be accessed by the FOIA.
That can put a lot of “power” in the hands of student journalists.
[pullquote]As is the case with any tool, you need to know not only how to use it, but why you are using it. The information available by using the FOIA is amazing. The bottom line is this, in most cases if it goes through courts, it is part of a public agency, or if it is government regulated, odds are it can be accessed by the FOIA. Stan Zoller[/pullquote]
If students decide to use the FOIA to get information about a staff member, faculty member or administrator, they should do so to seek information germane to their story. Just because an administrator is a “jerk” or “the coach didn’t start my boyfriend” is no reason to use the FOIA. It is to be used, not abused.
If there is ever a time to practice journalistic ethics, it’s when you are going to dig below – way below — the surface. I often refer students to the Society of Journalists’ Code of Ethics because, quite simply, it’s the best. The code can be found at http://www.spj.org/ethicscode.asp.
It is also a good time to practice protocol. Make sure your student journalists inform you of every step in the process. Conversely, I have always, maintained an open communication policy with building administrators because, quite simply, principals hate surprises – especially when they’re delivered in student media. Remember, you are practicing protocol, not asking for prior review.
Students need to be braced for a wave of criticism. Calls for invasion of privacy, running “personal” information and “taking advantage” of the First Amendment should be expected. Granted, and hopefully, there will be those news consumers who will understand and appreciate watchdog journalism that is well balanced and well researched.
Still, there will likely be a few administrators who just don’t get it. Rather than try to understand it, they will put on airs as if they do.
As did one administrator who, after being told a journalism staff used the FOIA after a teacher’s arrest, bellowed at the adviser “You can’t use that!”
The answer is quite simply – Yes we can.
The FOIA is a great tool – just use it wisely and with a strong intestinal fortitude.
About Stan Zoller: Stan Zoller, MJE has been a journalism educator for 15 years. Before that he worked as a journalist and media relations professional. He is Vice President of Freedom of Information for the Chicago Headline Club, the nation’s largest local chapter of the Society of Professional Journalists. He was a DJNF Special Recognition Adviser in 2010 and Distinguished Adviser in 2011. He is a member of JEA’s Scholastic Press Rights Commission and the Outreach Academy Teaching Cadre.
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One way journalists can make a difference
is by using FOIA to protect right to know
by Stan Zoller
One of the interesting things about starting a school year is to find out why students are taking “J-1” – Introduction to Journalism. The answers, to no surprise, run the gamut.
• “Because my friend did.”
• “Because my parents made me.”
• “Because I like to write.”
• “Because I’m interested in journalism.”
First in a series of Wednesday blogs
Bravo. However, whether a student has friends in the class, persuasive parents or (fortunately) have an interest in journalism, one thing that students need to know, and it is incumbent on journalism educators to emphasize, is that journalists can make a difference. Even scholastic journalists.
The motto of the Chicago Headline Club, the Chicago chapter of the Society of Professional Journalists, is “Protecting the public’s right to know,” and its message is not limited to professional journalists. Its message is meant for student journalists whether in college or high school.
While journalism educators stress the Common Core and awards to their administrators, what’s paramount is that students understand their role as journalists, not just “student journalists.” I’ve heard from more than one adviser that they’re changing their newspaper to a news magazine because they’re not reporting news.
Then something has gone amuck. While their publications may not feature “breaking news” more and more newspapers are being sought out for their work as watch dogs and are, more than more are “protecting the public’s right to know.”
So what do students, and perhaps journalism educators, need to know? That despite roadblocks that some administrators will put up to protect their own personal goals or initiatives, information is readily available to student journalists – just as it to all journalists.
The Freedom of Information Act is not limited to professional journalists. Your student are afforded the same rights. Using the FOIA may seem tricky, but it is a fairly simple process. The Student Press Law Center makes the process simple. All you need to do is go to SPLC FOIA Instructions.
Keep in mind you should be as specific as possible. Do not, for example, say you want to review the budget for 2013. Narrow your focus. If you are interested in an athletic team’s budget, indicate that you want travel expenditures for the Central High School football team from Aug. 1, 2013 to Dec. 31, 2013.
Remember too that you can use the FOIA to obtain information from other agencies. Nearly all public records are accessible by the FOI. This includes police reports, school board information, birth records, divorce information and property transfers to name a few. There may be some limitations as to what some agencies may release. For example, police departments may not release reports involving domestic disputes, sexual assaults or minors. If there’s a dispute, you can refile your FOIA request, or if need be, state offices will review your FOIA. In Illinois for example, the Attorney General’s office has procedures to for FOIA reviews.
It is a common practice for names and addresses to be redacted (crossed out) to protect non FOIAed individuals. That’s because they may be outside the request of your FOIA request.
In many cases, an organization has a limited time in which to respond. In Illinois, an organization must respond by email or letter within five days.
Once the information is received, you and your students need to evaluate it and see how it will be used, which will be addressed in my next blog.
In the meantime, check your state guidelines for using the FOIA and include it in your lesson plans.
It may not be a popular action to take with your administration, but in addition to expectations of journalism mirroring the Common Core and 21st Century Learning standards, administrators, journalism educators and student journalists need to understand a primary, perhaps the primary role of the media today is, in fact, “protecting the public’s right to know.”
About the blog: In addition to the 5 Ws and H, journalists need to understand where and how to find information. This repeating blog focus will address techniques, issues and examples of accessing public records using Freedom of Information and the Freedom of Information Act (FOIA).
About Stan Zoller: Stan Zoller, MJE has been a journalism educator for 15 years. Before that he worked as a journalist and media relations professional. He is Vice President of Freedom of Information for the Chicago Headline Club, the nation’s largest local chapter of the Society of Professional Journalists. He was a DJNF Special Recognition Adviser in 2010 and Distinguished Adviser in 2011. He is a member of JEA’s Scholastic Press Rights Commission and the Multicultural Commission.
Read MoreFor your information
A discussion on JEA’s listserv earlier this week raised some significant questions about FOI requests to student media – and the importance of clarifying who owns the content of student media.
According to Mark Goodman, Knight Chair in Scholastic Journalism at Kent State University, that situation raised an important issue for all public school-sponsored student publication staffs to consider: Under virtually all state open records laws, most school-maintained records are public: anyone has the right to request them for any reason.
Although there may be exemptions for some records that would implicate personal privacy or reveal personally identifiable information about individual students and their academic performance, Goodman wrote, many records, especially financial records are open to the public on request and that would include the financial records of your publication.
Note Goodman said school records.
“I maintain that a much different standard should apply to any documents relating to the content of your publications,” Goodman wrote. “Although there is virtually no court precedent on this (and as each state’s open records law is different, so it would take a court case in each state to settle the matter), I think there is a compelling argument to be made the the First Amendment protects the journalistic work product of student publication student staff members, effectively exempting them from coverage of a state open records law.”
The key to making that argument work, Goodman said, is evidence that students, not school officials (including the adviser), are determining the content of the publication.
Goodman shared a story about a state attorney general opinion on this issue involving a college student newspaper at the SPLC Web site.
“Here is yet another reason why a smart school will have a written policy stating that student editors make the content decisions for their publications,” Goodman wrote. “If schools are dictating content, that creates the possibility that every e-mail a student publication staff member sends relating to his/her job, every story draft a student creates, every page layout they work on will be subject to an open records request to the school. On the other hand, if the students are acting independently (even with the advice of a faculty adviser), I believe these open records laws should not and would not apply.”
Goodman also addressed another point: who owns the copyright to the works media students create.
“If your school is claiming ownership (legally questionable at best), that will certainly bolster any public records requests for access to the records as well,” he wrote. “I’m a firm believer that student works belong to students, not necessarily to the individuals but to the student publication staff and NOT to the school.”
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