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Duty based ethics focuses on the rightness or wrongness of intentions or motives behind action such as respect for rights, duties, or principles. |
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question of publishing juvinille's name in an article. |
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Using Children as Sources |
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1. Varies from State to State 2. age: emotional maturity 3. is there any other way to get information? |
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- respect for persons balancing persons dignity - social utility (what info is essential, vital, relevant) - justice (you make the decision on how to treat the person) - minimization of harm |
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State law that protects journalist from having to reveal his source |
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First Amendment Law v. Sixth Amendment |
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Must list what you are searching for. "Summons to appear" |
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Cohen v. Cowles Media Co. |
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Breaking a promise
must prove: - made a clear and definite promise - because of that promise it was the reason you told the info - now that promise is broken, you must be paid. |
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invalidating the use of the First Amendment as a defense for reporters summoned to testify before a grand jury |
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What lower courts use to see how much freedom reporters have when subponed. |
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Zurcher v. Standford Daily News |
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Cannot use 1st amendment protection when news room is being searched. |
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Privacy Protection Act of 1980 |
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Limited Searches and established the compelling interest rule
the Act prevents investigators from searching newsrooms to uncover information or sources that a news organization has assembled. The Act forces law enforcement to use subpoenas or voluntary cooperation to obtain evidence from those engaged in activities protected by the First Amendment. |
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by definition is journalistic. "in my opinion" does not protect you. |
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- engaged in investigative reporting - gathers news - possesses intent to deseminate info to the public |
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innocent until proven guilty in a court of law |
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must be an impartial jurer |
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you can know about a case but cannot have made up your mind yet to serve on jury |
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lawyers use this to shape jury |
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Nebraska Press Association v. Stewart |
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- Gag order aimed at press - when a judge could restrict info flow * prior retraint |
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Richmond Newspapers v. Virginia |
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7-1 ruling - right of public and press to attend a criminal trial is a guarenteed 1st amendment right. |
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- pre-trial hearings are presumptively open - govt must show compelling reason to close |
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What cases are always closed? |
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- summary judgement - civil court cases ( custody/divorce) - military/tribunal trials |
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ban on broadcasting the trial - cameras were too bulky, hot lights, high voltage |
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Presumption of camera access govt must show compelling reason to ban cameras |
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The presence of cameras in court room, do not impact the outcome of the trial |
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Florida v. Palm Beach News |
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Before cameras can be excluded from court room you must prove they will effect the outcome |
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cameras would cause tried person to go into psycosis |
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They can decide how many cameras they will allow in court room. |
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think about it ethically. |
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illegal and banned always |
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limits on how close to schools, traffic, open 24 hours, magnets for crime and prostitution. |
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Broadcast must worry about indecency |
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cable and sattellite are not legally bound |
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A work is obscene if it has a tendency to deprave or corrupt minds who are open to such. |
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1. dominant theme of material (taken as a whole) has an interest in sex 2. patently offensive 3. must be without redeeming social value |
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1. average person applying local community standards has an interest in sex 2. work depicts sexual conduct depending on state law descriptions 3. work lacks serious, artistic, literary, political or scientific value. |
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Defined patently offensive material. no lude exhibition of genitals |
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Material may be distributed to adults but not for children |
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sold magazines to a 16-year-old girl two standards for ages |
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1. content neutral 2. not a complete ban on communication 3. govt interest 4. narrowly tailored to restrict as little as possible |
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