Chapter 10 Obscenity and Indecency

Dear Aspiring Reporter,

I will go into depth on the topic of obscenity and indecency. The Federal Communications Commission (FCC) defines indecent speech as “material that, in context, depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards for the broadcast medium.” Sexual expression is something that has always been in history, and continues to be a part of it as well. Now, we just have more guidelines for what is clearly prohibited and allowed with the issue. Many times sexual expression is known as pornography. This is a vague term because it includes both protected and unprotected sexual material. Today, there are certain guidelines for the government to prove something obscene without First Amendment protection. These include:

• arouses sexual lust
• is hard-core pornography
• has no serious social value

If the government cannot prove the above criteria, it is not considered obscene. As I’m sure most know, it is completely illegal to make, distribute, or possess material showing children/youth in sexual situations. This is child pornography. The First Amendment does not protect this, and this is never okay. This protects children from the abuse in these situations.

There are certain website domains that are “.adult” or “.porn”, which are obviously inappropriate websites. An interesting fact about these are that Taylor Swift actually purchased the domains of “TaylorSwift.porn” and “TaylorSwift.adult” so that people could not use her name for these inappropriate services. It has been an ongoing venture of trying to stop children having access to these types of websites. The CDA made it illegal to knowingly transmit “patently offensive messages” to recipients under 18 years of age.

Sexual expression can be found in art, commercials, websites, social media, movies, and on TV. It is hard to escape it. According to the book, there is little agreement on what is actually found protected or what is illegal. The FCC are the ones who determine the rules and regulations for indecency for the media.

Some companies such as McDonalds, Chick-fil-a, Panera, Subway, and Starbucks specifically block pornographic websites from their Wifi. This decision came after a campaign by the National Center on Sexual Exploitation and Enough is Enough with an online petition to have porn free wifi.

What to take from this is that the First Amendment protects indecent material except on broadcast television and radio. This may be an uncomfortable topic, but while you are going to be working in the media, it is important to be informed about it. This is something that won’t ever go away. For more information, visit https://www.fcc.gov

Chapter 5: Libel (Defenses and Privileges)

Dear Aspiring Reporter,

Libel is a very common term within the journalism and media world. Suppose you were covering a story about a meeting between college employees and made an accusation that some people lied in that meeting and wrote about it and published it. They could then sue you for libel. Libel is defined as, “a published false statement that is damaging to a person’s reputation; a written defamation.” To be successful in a case such as this, a libel defendant needs to strengthen their position by showing as many of the following as possible:

• The story was investigated thoroughly
• Interviews were conducted with people who had knowledge of facts related to the story, including the subject of the report.
• Previously published material was not relied on.
• Biased stories were not relied on.
• The reporting was careful, systematic, and painstaking.
• Multiple viewpoints were sought and, when possible, included in the report.
• There was a willingness to retract or correct if facts warranted such action.
• If applicable, there was a demonstrable deadline.
• There was no ill will or hatred toward the plaintiff.

Knowing the information bulleted above can also help while reporting. If you make sure you are doing all of this, you will be less likely to lose a libel case in the court of law.

Sometimes keeping the public informed on concerning topics that could affect the people are more important than worrying about avoiding the damage to individual reputations. This is known as the fair report privilege. This gives reporters a way to report on official governmental topics without having to prove the truth of what the government says. This also means a reporter can rely on government documents for information and assume it is true. But, to be sure you are protected, the source of the statement should be clearly noted in the news report. Also remember that not all states recognize the fair report privilege.

Fair comment and criticism “is a common law privilege that protects critics from lawsuits brought by individuals in the public eye. It is important to know the difference between a fact and an opinion. Technically, by placing themselves in the public eye, they are inviting criticism. For example, do you ever see tabloids about celebrities that are probably based completely off of rumors? This is what we are talking about here. This also includes any businesses that allow reviews, etc. Fair comment and criticism makes it so citizens are able to talk about their own opinions without being accused of libel, including reporters. In the book it states, “If a statement has two possible meanings- and one is defamatory and one is not- a jury decides how the words are understood.” This is known as double entendres.

With social media being huge, it is essential to understand that you can be sued for libel on the web as well. According to legal experts, defamation cases tied to social media are on the rise. When you put something out on the internet, it’s hard telling if you can ever fully delete it. It is most likely always going to be out there. This is why it makes it difficult for a plaintiff who has suffered online defamation to recover damages from a website. Every day, there are so many defamatory tweets being sent out.

Remember, there is no reason to be scared of libel, just make sure you are very careful while reporting and do your research and ask professionals for their best tips on the matter. For any further information please contact me at leuckt@uni.edu.

Tess Leuck

Chapter 3: Speech Distinctions

Dear Aspiring Reporter,

There are many important criteria you should know about speech distinctions. During periods of national instability, fear of war, the freedom of expression becomes more susceptible to government restraint. While you work for the media, it is important to know what to say and what not to say. The Supreme Court has established that offensive oppression is protected by the Constitution. This is because of freedom of expression including both cognitive and emotional elements of expression.

Unfortunately, the First Amendment doesn’t protect the rights of minors, public school students, or campus media differently from others. According to class book, “Sometimes courts have accepted the idea that the nation’s interest in developing its youth outweighs the free speech rights of public school students” One situation in schools was library books. If the free speech rights were the same in schools, they wouldn’t be able to remove certain books they found “inappropriate”. This is no longer allowed. Schools obviously must have age appropriate materials, therefore 50 Shades of Grey is not going to be in an elementary library, which prevents the removing of books. The court says, “Access to controversial materials prepares students for active and effective participation in the pluralistic, often contentious society which they will soon be adult members.”

I’m sure by now you are wondering about symbolic speech, which includes burning of flags and nonverbal ways of expression. According to the court, symbolic speech deserves First Amendment protection in some cases. One case was in the David O’ Brian case when the Supreme Court punished him for burning his draft card in violation of federal law. Many years later the Court reviewed a case where Gregory Lee Johnson had been convicted for burning the American flag during a protest at the Republican National Convention in Dallas. Come to find out, the government may not prohibit expression of an idea just because society finds it offensive.

Next, I will inform you on the incorporation doctrine. This applies the 14th Amendment’s due process clause to limit the power of state and local governments to abridge the guarantees of the Bill of Rights.

Do media incite harm? Working for the media has many positive and negatives to how people see you. It is known that if a member of the media is sued for causing physical harm, the plaintiff rarely wins. There is one well known case where this was not in our favor. Devin Thompson killed two police officers during his arrest for carjacking and he argued that his extensive play of two grand theft auto games caused post-traumatic stress and led to the killings. Although this isn’t directly with the media, it is a media company. This led people to worry about the rise of the well-known and used Pokemon Go game. Attorneys said the game could lure people into dangerous situations, and put warnings all throughout the web. Some trespassing lawsuits arose, but court records show no lawsuits brought against Take-Two, the game company, for personal injuries by the game.

Lastly, laws that target highly offensive speech are constitutional only if they are extremely narrowly tailored to address real and demonstrable harms. There has even been attempts to prohibit racial slander but this rarely is constitutional. This is, unless it becomes an actual threat. Overall, I hope this has given you more information on speech distinctions. I wanted to provide you with some real life examples to show you that this is important to understand because it is happening today. Please contact me with any further questions about the topic you may have.

Tess Leuck

Chapter 7: Gathering Information

Dear Young Reporter:

I want to inform you on the topic of gathering information while on the job and the opportunities and obstacles along with it. As a reporter, you must know your place. By this, I’m meaning you need to be aware of where you can and can’t me. The first amendment gives reporters the right to information to report in many situations.

First, I will explain your access to public property. The government might restrict access due to public safety and giving police space to do their job. Although things such as sidewalks and parks are public areas, there are certain situations where you should stay clear. Public safety officials have the right to tell reporters to stay off/away of the scene. Military bases and polling sites are owned by the government and are not open to the public, which includes journalists.

It is important to know your rights as a reporter, because there are some situations where you may be tricked. People will tell you you don’t have access places where you actually do. For example, Christopher Ketcham, a widely known freelance journalist, filed a suit against U.S. National Park Service for banning observers during a “cull” of bison where around 900 bison culled awaiting slaughter. You can probably take a guess why they didn’t want people around while this was happening.

As for military. Reporters today do have access to social media by military personnel, which opened new avenues for contact with enlisted military. Something that is banned is reporting of troop locations and movements. This is for the safety of the military troops along with the plans for our country. Some things from the Vietnam War were televised, and this had people unsupportive of the military. This is when the government banned media access to the U.S. invasion of the Caribbean nation of Grenada. Only a small amount of chosen journalists were allowed to share information to the media. Pool reporting is restricted currently. Since the invasion of Iraq, journalists have been embedded into military units. This provides reporters to more clearly report on what is happening, other than just from what they hear. They are also more credible this way.

On the bright side, journalists have tons of access to government meetings and records. Journalists can gain very valuable an honest information from this. You may also attend any court hearings and report this way.

Congress passed the FOIA (freedom of information act) over 50 years ago which gives us access to records held by the government. It has recently been amended to the Open Government Act of 2007. Reporters, including yourself, should be thankful for the FOIA and rely on it to get information. This also gives us information on NASA and other government related topics. If a record isn’t available to you, you can do a request for it by phone, email, or mail. If you are unsure of how to file a FOIA request, there are directions on the federal agency websites. You will hear at least something back from the agency within 20 days, by law.

Lastly, you must keep your promise of confidentiality. If someone wants to remain anonymous, you MUST honor this. If you release a name without permission, this will ruin your reputation for a very long time. People will be less likely to talk to you, and this could ruin your career. This has to do with ethics. A reporter must be ethical. When an organization breaks this promise and gives an identity away, they could get sued. The promissory estoppel “requires courts to enforce a promise if the individual who received the promise relied on it and its breach created a harm that should be remedied by law.” You need to protect yourself because it is better to be safe than sorry. Not abiding by this can even result in losing your job.

I hope you find the above information important and understand what it means to be a credible journalist. I look forward to working with you. Please contact me with any questions.

Tess Leuck

Chapter 2: The First Amendment

Chapter two, The First Amendment, is about speech and press freedoms in theory and reality. This amendment consists of 45 words.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

This is otherwise known as the freedom of speech or of the press. Going into depth of the First Amendment, some believe reading it’s own words provides a complete explanation of the meaning and protection, but the text really doesn’t give strict word of what it is requiring.

Where did the First Amendment come from? Historians say it was never meant to pose a complete ban to all government action involving freedom of speech or the press. They think it was intended to prevent the U.S. government from adopting the types of suppressive laws that flourished in England following the introduction of the printing press in 1450. Their government had control over all presses and therefor all broad public distribution of printed materials. Books were also banned. This is what the U.S. wanted to avoid.

Some ways this amendment is used is for minority groups voices to be heard. Nobody can get in trouble for saying how they feel. It’s pure freedom to believe and talk about what you believe in. Others believe this amendment is mostly valued for the truth to be heard. The core values of free speech are:

• Individual liberty: The freedom of speech is deeply intertwined with fundamental natural rights. In this sense, free speech is an inalienable right.
• Self-government: The freedom to discuss political candidates and policies and to render judgements is essential cornerstone of responsible self-governance.
• Limited government power: Free speech is an “invaluable bulwark against tyranny. The free speech of “the people” serves as a check on authoritarian rule and a limit to the abuse of power by the few.
• Attainment of truth: Free speech advances the “marketplace of ideas” to increase knowledge and the discovery of truth.
• Safety valve: Free speech allows people to express problems and provinces before they escalate into violence.
• Its own end: Free speech, like clean air, or beauty, or justice, is an end in and of itself, a valuable good and a cherished right.

These values listed above are many ways the First Amendment affects people’s lives. There are a vast amount of topics this amendment affects.

Chapter 1: The Rule of Law

Dear aspiring reporter,

There are many things you must know as a writer. It is easy to publish something you could get in trouble for or ruin your credibility. The Rule of Law states, “Belief in the power of law to promote this balance and restrain human injustice is the foundation of the U.S. Constitution.” The rule of law is important because it limits the power of the government and gives people a voice and rights.

There are 8 requirements of the rule of law. These include general and not discriminatory, widely known and disseminated, forward-looking in their application rather than retroactive, clear and specific, self-consistent and complementary of each other, capable of being obeyed, relatively stable over time, and applied and enforced in ways that reflect their underlying intent. There are some laws that don’t follow these requirements of the rule of law because they aren’t specific in terms of what is allowed or permitted. These laws are called vague laws. Clear laws are much better because they are detailed and give government officials direction. This way laws are not interpreted in different ways and people aren’t accused of the wrong crime.

There are three branches of Federal Government. These include Executive, Legislative, and Judicial. The Executive branch is the president/cabinet and the administrative agencies who execute laws. The Legislative is the Senate and House of Representatives. The Judicial is three levels of courts review laws and adjudicate disputes. Something courts engage in strict construction. This is described as “narrowly defining laws to their literal meaning and clearly stated intent. This goes with the section above, making laws clear as day so they are never confused.

Judicial review is another power held within the court. It allows courts to examine government actions to determine whether they conform to the US and state constitutions. Usually the supreme court are the only ones to use this power. Common law is a law made by judges that consists of rules and principles which eventually grew to reflect more than the problem-solving principles of the common people. Therefore, the past should guide future decisions.

The next important topic I want to inform you on is jurisdiction. This is defined as “a court’s authority to hear a case. Every court has its own jurisdiction,” A court can dismiss a case if it’s out of their jurisdiction, which means it’s out of their responsibility. An example of how technology can affect this today is libel. As we know, many publications are posted online for the entire world to see. Any court could claim jurisdiction.

A common case in court is a civil suit. This is where two individuals or organizations go to court to solve a dispute they cannot agree on. The person who files a civil suit is the person suing, the plaintiff. The person the suit is against is the defendant. The injury or the reason for the case is called the tort. The plaintiff in this situation has to be able to prove their case and prove it caused injury in some way to them. They can then seek money or reward for the damages.

In conclusion, you should realize how much work and time it took to finally get our constitution to the way it is today. Use this information while writing anything having to do with crime or the courts. Below are 3 other terms I found important and/or interesting.

Subpoena: A legal command for someone, sometimes a journalist, to appear and testify in court or turn over evidence, such as outtakes and notes.

Venire: The location from which a court draws its pool of jurors.

Voir Dire: “to speak the truth”, The lawyers and judge select jurors through a process of questioning called voir dire

Be sure to look further into this information as it is important for this job and your future as a reporter. If you have any questions, please contact me. I look forward to hearing from you.

Tess Leuck