A class activity to learn
both law AND ethics
by Candace Bowen
“The first lesson she asked me to teach is lawnethics,” the excited student teacher said, adding more slowly, “But now I’m not exactly sure what that is….”
Sadly, she wasn’t alone in a class of education majors who would soon be licensed to teach journalism in a large Midwestern state. In fact, ask some teachers already in the classroom, ask their principals, and, while they would know it’s not all one word, they might be hard pressed to explain the difference between LAW and ETHICS.
But not knowing the difference makes it difficult to teach these two concepts effectively. They are separate fields, though they do overlap in theory and practice, and plenty of journalistic situations require us to assess both legal and ethical components.
So let’s look at them carefully. The simplistic definition says, “Law tells us what we COULD do, and ethics helps us decide what we SHOULD do.” Other definitions point out laws are passed by governing bodies of a town, state or country and breaking a law has specified consequences. In other words, you can be punished for not following the rules.
Ethics, on the other hand, is more about an individual or team process to arrive at the best way to act for the situation. According to the Center for Journalism Ethics at the University of Wisconsin, “Ethical questions arise most typically in cases where there is genuine puzzlement about what should be done in various types of situations. There is usually some practical importance or urgency to such questions. Is it ethical for journalists to reveal their sources to the courts, despite their promises of confidentiality? Is it ethical of journalists to invade the privacy of politicians to investigate allegations of unethical conduct?”
It’s impossible to spell out all the ethical options because situations constantly change, and what works in one situation may be wrong in another that’s somewhat similar. Journalists need guidelines to help them make ethical decisions, but hard and fast rules won’t always work.
That’s why so many organizations have ethical guidelines that are flexible. Read the SPJ Code of Ethics: Seek Truth and Report It, Minimize Harm, Act Independently and Be Accountable and Transparent. It says nothing about firing a journalist for using an unnamed source or setting up an undercover sting, but the bullet points under each of these main tenets give the media some guidelines.
The Principals Guide to Scholastic Journalism also helps explain the difference between law and ethics and includes an extensive list of links to valuable resources.
Experienced journalism educators usually find it more effective to teach legal issues first, then ethical, because that’s the approach journalists take in the real world. What COULD we do? Would we be libeling someone if we printed that? If it’s illegal, go no further. But legal situations may have ethical implications. SHOULD we use the victim’s name? What about the accused? Both names? Neither name?
JEA’s law and ethics curriculum follows that same organization (for JEA members only). Even the three-week module handles the First Amendment, court cases, unprotected speech (libel, copyright, invasion of privacy), reporter’s privilege, FERPA, FOIA, before “Just Because You Can, Doesn’t Mean You Should” and additional ethics approaches.
Copy shot provided by the artist
Hypotheticals are a one good way to get students to look at a situation’s legal and ethical issues, like this one about a piece of art and how the student newspaper could and should report it:
As an art class project, the teacher told her students to create a scratchboard drawing, either from imagination or using a photo as its basis. Tammy used a picture in a school board-approved book, The Family of Man, that depicted a woman balancing a basket on her head. The art teacher thought her finished product was wonderful and wanted to put it in a display case at the end of the art hallway, but she wasn’t sure she could — the woman was nude from the waist up. When the teacher asked the principal’s opinion, he said, no, don’t hang it in the hall. Tammy was furious and so were some of the newspaper staff when they heard the story. Would you cover this incident? How? As an editorial? A news story? Whom would you interview? Would you consider running a copy shot of the photo? What would the principal likely say? First, think about the legal issues — is it obscene? Is it a copyright violation? Any other possible laws you might break? If nothing is legally wrong, what about the ethics? What is your reason for running it? (Download the picture here)
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Issues worth building lessons around
As we head into a break for the holidays, three issues and concepts stand out as worth some future consideration.
• The First Amendment: In the land of the free, why are schools afraid of freedom by Charles Haynes.
Written by this First Amendment advocate following the JEA/NSPA Washington, DC, convention, the column challenges us all to question administrator misuse of First Amendment. The article cites instances of prior review to limit discussion of ideas and groups and the elimination of some groups from school student media coverage while permitting others. The last time I checked, ordering blanket silence on some groups served no educational value or pedagogy. Haynes likened this process as a fear of freedom and questioned such philosophy as a misplaced attempt to either make schools safe. He also urged all journalism programs in schools subject to prior review – or restraint – to build a campaign to end it. You certainly would have a legion of supporters.
• The epic Rolling Stone gang-rape fallout – and how major publications get it wrong. This is only one of many resources on this coverage that violated one of journalism’s basic principles: verify your information and ensure your sources are credible. Citing the premonition “something just doesn’t feel right” about a story, author Terrence McCoy leads with the story of Richard Bradley feeling the gang rape reported in Rolling Stone did not happen. Bradley, it seems, had some experience with this kind of thing before. He once edited Stephen Glass, McCoy wrote.
In a rush to get a seemingly wonderful story into print, journalists will not verify a story or have the right sources. Because such incidents happen more than we would like to admit, we must stress scholastic reporters like others have to go beyond pre-existing bias or view and learn to apply skills of skeptical knowing or crap-detecting or just plan digging to every story, every day and across every platform. It’s an ongoing lesson never to be dropped from our curricula or from our practices.
• A toolkit by the solutions journalism network and Pulitzer Center. This material caught my eye because it focuses on something we do not do enough of: Perspective reporting and identifying sources who strive for solutions. Historians have long said those who don’t learn about an issue or concept as destined to repeat it. Is it because journalists don’t do enough follow-up reporting, add enough perspective and address solutions? This particular piece might be just the right tool at the right time to help us not only report but to keep solutions or alternatives in the public’s eye. It’s certainly worth our time to investigate the concept and give its points a shakedown cruise. Even if our students do not deal with international issues, the principles and concepts presented are worth localization. Introducing at the scholastic level just might help students, whether they become commercial journalists or not, begin to know we need to think in terms of solutions as much as issues identification.
Read MoreIt’s ironic
by John Bowen
It’s ironic that Sept. 17, a day mandated to honor the Constitution of the United States, also this year marks the 2-day suspension of Neshaminy adviser Tara Huber for what the board of education calls insubordination.
The board suspended her without pay for failing to stop students from defying its directive. Her crime: She did not censor her students’ actions, actions she had no part in and did not even know about.
Additionally, the board of education stripped the students’ fundraising account of $1,200 to reimburse printing costs when students failed to print a letter in that issue using a term they deemed offensive.
In our minds, Huber and her students, through their actions of following their beliefs and Constitutional protections, represent the true spirit of the Constitution.
Today.
Tomorrow.
Every day.
Background materials:
• Constitution Day lessons
http://jeasprc.org/the-playwickian-v-neshaminy-school-board-what-is-freedom-of-the-student-press-and-how-does-a-staff-make-and-defend-editorial-decisions-a-lesson-in-freedom/
• SPLC search for Neshaminy
http://www.splc.org/search/?q=neshaminy
• Neshaminy HS adviser suspended over newspaper’s ban
http://www.philly.com/philly/education/20140917_Neshaminy_HS_advisor_suspended_over_newspaper_s_ban.html
• Neshaminy suspends newspaper adviser for two days without pay
http://www.buckscountycouriertimes.com/news/local/neshaminy-suspends-newspaper-adviser-for-two-days-without-pay/article_1473f7c9-2647-56f4-8d6e-27441c6f6c0e.html
• Editor, faculty advisor suspended for refusing to print ‘redskin’ in school paper
http://www.salon.com/2014/09/18/editor_faculty_advisor_suspended_for_refusing_to_print_redskin_in_school_paper/
Constitution Day lessons and activities, 2014
by Lori Keekley
The Scholastic Press Rights Commission works to provide information and resources on legal and ethical issues to journalism students, teachers and administrators. SPRC members also work to promote the First Amendment rights of students across the nation, and is a commission of the Journalism Education Association.
We designed our Constitution Day lesson plans to help students celebrate the Constitution and Bill of Rights, as mandated by Congress. Legislation requires schools to offer lessons on the Constitution and how it affects all Americans. Our lesson plans emphasize the First Amendment and particularly the freedoms of speech and the press.
Application of libel law: Ventura lesson
Application of Libel Law
by Lori Keekley
Description
Students will examine the tenets and defenses of libel while analyzing a recent court case. The lesson spans two days, but could be combined to fit into one day if needed. Students also will examine how the First Amendment plays a role libel law.
Objectives
• Students will learn the basic tenets of libel law
• Students will learn the defenses to a libel claim.
• Students will apply both the tenets of libel and defenses to libel.
Common Core State Standards
• CCSS.ELA-Literacy.RI.9-10.4
Determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings; analyze the cumulative impact of specific word choices on meaning and tone (e.g., how the language of a court opinion differs from that of a newspaper).
• CCSS.ELA-Literacy.RI.9-10.8
Delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is valid and the evidence is relevant and sufficient; identify false statements and fallacious reasoning.
• CCSS.ELA-Literacy.W.9-10.1.a
Introduce precise claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that establishes clear relationships among claim(s), counterclaims, reasons, and evidence.
• CCSS.ELA-Literacy.W.9-10.1.e
Provide a concluding statement or section that follows from and supports the argument presented.
Length
100 minutes (two 50-minute classes)
Materials / resources
Article 1: Star Tribune article to be used for the first day of class
Article 2: Star Tribune article to be used for the second day of class
Article 3: Washington Post article, which is for background
SPLC libel info
Lesson step-by-step
Day 1
1. Introduction — 5 minutes
Situation: An author claimed he had a barfight with “Scruffy Face” in a recent book. He later identified the other participant. The “Scruffy” said this alleged fight harmed his reputation. Who do you think would win in a libel suit?
2. Review — 10 minute
Using the SPLC libel information, please have students describe the following terms:
–The four parts of libel according to the Student Press Law Center?
(Publication, Identification, Harm, Fault)
–What are the defenses to a libel claim?
(Consent, Truth, Privilege, Opinion versus Fact)
3. Read article 1 — 10 minutes
While reading the article, ask students to underline the areas they think might be applicable for the prosecution. Ask them to box what would be helpful for the defense. Students should be able to explain their reasoning. Also, ask students to revisit what they decided from the introductory assignment, which opened the class.
4. Debate preparation — 10 minutes
Split the class in half. Assign half to be the prosecution and the other half the defense. They should formulate arguments for their side.
Students should also look at how the First Amendment might apply in this scenario.
5. Debate — 20 minutes
Ask students to debate the case. They should cite the parts of libel law, defensed to libel law and information from the case.
Day 2
1. Introduction — 5 minutes
As students enter, please ask them to write down as many parts of libel law and defenses to libel they can. After a few minutes have passed, ask students to get their notes and add what was missed in a different pen color.
2. Debate recap — 10 minutes
Ask students from the prosecution to reiterate their main points. Make sure they include the terminology they reviewed. After five minutes, switch and ask the defense to do the same. Ask the class to vote on which side they think should win.
3. Read article 2 — 10 minutes
While reading the article, ask students to underline the areas they were surprised about. Students should be able to explain their reasoning. Also, ask students to revisit what they noted at the beginning of class.
4. Read article 3 — 10 minutes
Again, ask students to underline any new information.
5. Small group discussion — 5 minutes
Ask students to share what they noted while reading.
6. Large group discussion — 5 minutes
Have each group report at least three comments they discussed. Comments may not be repeated from group to group.
6. Exit slip assessment — 5 minutes
Ask students to write down as many part of libel law and defenses to libel they can. (No notes, just memory on this.)
Differentiation
If students already are proficient in understanding libel law, this lesson could be condensed to one day.
Beginning students might need more time for understanding libel law — especially if it wasn’t already discussed.
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