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Journal of Media Law & Ethics UNIVERSITY OF BALTIMORE SCHOOL OF LAW JOURNAL OF MEDIA LAW & ETHICS Editor ERIC B. EASTON, PROFESSOR EMERITUS University of Baltimore School of Law EDITORIAL BOARD MEMBERS BENJAMIN BENNETT-CARPENTER, Special Lecturer, Oakland Univ. (Michigan) STUART BROTMAN, Distinguished Professor of Media Management & Law, Univ. of Tennessee L. SUSAN CARTER, Professor Emeritus, Michigan State University ANTHONY FARGO, Associate Professor, Indiana University AMY GAJDA, Professor of Law, Tulane University STEVEN MICHAEL HALLOCK, Professor of Journalism, Point Park University MARTIN E. HALSTUK, Professor Emeritus, Pennsylvania State University CHRISTOPHER HANSON, Associate Professor, University of Maryland ELLIOT KING, Professor, Loyola University Maryland JANE KIRTLEY, Silha Professor of Media Ethics & Law, University of Minnesota NORMAN P. LEWIS, Associate Professor, University of Florida KAREN M. MARKIN, Dir. of Research Development, University of Rhode Island KIRSTEN MOGENSEN, Associate Professor, Roskilde University (Denmark) KATHLEEN K. OLSON, Professor, Lehigh University RICHARD J. PELTZ-STEELE, Chancellor Professor, Univ. of Mass. School of Law JAMES LYNN STEWART, Professor, Nicholls State University CHRISTOPHER R. TERRY, Assistant Professor, University of Minnesota DOREEN WEISENHAUS, Associate Professor, Northwestern University University of Baltimore Journal of Media Law & Ethics, Vol. 9 No. 1 (Spring/Summer 2021) 1 Submissions The University of Baltimore Journal of Media Law & Ethics (ISSN1940-9389) is an on-line, peer- reviewed journal published quarterly by the University of Baltimore School of Law. JMLE seeks theoretical and analytical manuscripts that advance the understanding of media law and ethics in society. Submissions may have a legal, historical, or social science orientation, but must focus on media law or ethics. All theoretical perspectives are welcome. All manuscripts undergo blind peer review. Access to JMLE is available to the public at no charge. Exclusivity: All manuscripts must be original and must not be under consideration at other journals. Peer Review: All manuscripts will undergo blind peer review. The normal review period is three months or less. Submissions: The ideal length for submitted papers is 20-30 double-spaced pages (6,000 to 8,000 words using 12-point Times Roman or equivalent type), including footnotes, tables, and figures. Longer manuscripts will be considered when space is available. The submission and review process will be electronic; all manuscripts should be prepared using Microsoft Word or converted to that format. One electronic copy should be e-mailed to the editor, Eric B. Easton, [email protected]. Manuscript Preparation: All footnotes should be in Bluebook form. All text must be double-spaced except tables and figures, which must be "camera-ready." Microsoft Word is the required software program for formatting manuscripts. The title page should include the title of the manuscript, names and affiliations of all authors, as well as their addresses, phone numbers, and e-mail addresses. Five key words for referencing the document in electronic databases are also required. Only the title page should contain identifying information. The second page should include the manuscript title and an abstract of 150 to 250 words. All figures and tables must be formatted to 5.5 inches in width and no more than 7.5 inches in height. Copyright and Production Notes: All works submitted must be original and must not have been published elsewhere. Authors of works that are selected for publication shall retain the copyright in their works. However, authors should give the Journal of Media Law & Ethics and the University of Baltimore School of Law a nonexclusive right to publish the work in journals, books, or any other collections that it may publish at the same time or in the future. Authors shall be given credit in such works and will continue to control the copyright in their own works. After a manuscript is accepted for publication, the author or authors are expected to proofread and edit the page proofs when they are provided. Permissions: Authors are responsible for obtaining permission from copyright owners to use lengthy quotations (450 words or more) or to reprint or adapt a table or figure that has been published elsewhere. Authors should write to the original copyright holder requesting nonexclusive permission to reproduce the material in this journal and in future publications of the University of Baltimore School of Law. University of Baltimore Journal of Media Law & Ethics, Vol. 9 No. 1 (Spring/Summer 2021) 2 UNIVERSITY OF BALTIMORE SCHOOL OF LAW JOURNAL OF MEDIA LAW & ETHICS Volume 9, Number 1 Spring/Summer 2021 Articles 4 KATHLEEN BARTZEN CULVER & FRANK LOMONTE Clinical Journalism Education: Legal and Ethical Implications of Faculty-Led Reporting Laboratories 30 CHRISTOPHER TERRY & SARAH K. WILEY How Bad Is It? Prior Restraint Bad: Judicial Election Advertising After Citizens United v. FEC 37 CHRISTOPHER PHIRI Criminal Defamation Put to the Test: A Law and Economics Perspective 64 SWAPNIL TRIPATHI Cinema and Censorship in India: A Political Restriction on Freedom of Speech University of Baltimore Journal of Media Law & Ethics, Vol. 9 No. 1 (Spring/Summer 2021) 3 Clinical Journalism Education: Legal and Ethical Implications of Faculty-Led Reporting Laboratories Kathleen Bartzen Culver* & Frank LoMonte** More U.S. journalism schools are launching, or becoming partners in, sophisticated news-gathering operations. Operating a news outlet within the confines of an educational institution presents unique challenges and unanswered questions. This research explores how journalism educators who lead courses that publish publicly conceptualize their roles with regard to legal and ethical issues. It explores the issues that most commonly confront these instructors and highlights concerns that educators may be overlooking. Key words: journalism education, investigative reporting, copyright ownership, liability, censorship I. Introduction and Summary Campus-based reporting laboratories are producing increasingly sophisticated journalistic work, compensating in part for downsized professional newsroom staffing. Responding to the challenge to reconceive their educational mission around the “teaching hospital” service model, more U.S. journalism schools are launching, or becoming partners in, sophisticated news-gathering operations whose mission includes in-depth, long-form reporting. Operating a news outlet within the confines of an educational institution presents unique challenges, including maintaining continuity in a “newsroom” that turns over its “staff” at least once a year, as well as external and internal pressures that may discourage pursuing sensitive subjects. Because this model is relatively new, unanswered legal questions await clarification, including ownership of jointly produced work and legal liability for its consequences, as well as questions about the freedom of students and instructors to pursue their chosen projects while under university oversight. Tensions over in-depth investigative reporting in the campus setting have provoked occasional confrontations, as occurred in 2019 at the University of Illinois, where administrators told university-salaried radio journalists that they could not promise confidentiality to student sources who report sexual misconduct.1 As digital technologies have transformed news industries, they’ve also transformed journalism classrooms. As a result, educators like Boston University’s Michelle Johnson – whose students unexpectedly found themselves covering the biggest story in America, when lethal homemade bombs detonated along the route of the Boston Marathon in 2013 – increasingly find themselves leading reporting and production teams at work on news coverage for public 1 Mary Hansen & Rachel Otwell, NPR Illinois Journalists Can’t Report Freely on University of Illinois Sexual Misconduct. These Organizations Want that to Change, PROPUBLICA (Nov. 8, 2019), https://www.propublica.org/article/npr-illinois-journalists-cant-report-freely-on-university-of-illinois- sexual-misconduct-these-organizations-want-that-to-change. University of Baltimore Journal of Media Law & Ethics, Vol. 9 No. 1 (Spring/Summer 2021) 4 audiences.2 Yet little scholarly attention has been paid to the legal and ethical implications of this transformation from “professor” to “publisher.”3 This research seeks to explore how journalism educators who lead courses that publish publicly conceptualize their roles with regard to legal and ethical issues. It covers the issues that most commonly confront these instructors, as well as the strategies and tactics they employ in addressing such issues, and highlights concerns that educators may be overlooking. II. How We Got Here: The Transformation of Journalism Education Traditionally, students seeking hands-on experience as journalists had two alternatives: accept a summer internship at a professional news organization or work on the college newspaper.4 Campus newspapers still very much exist – a few even operate as separately incorporated business entities with full autonomy from their host schools – but they no longer represent the exclusive (or perhaps even the primary) opportunity for students to obtain a published portfolio of work samples under professional-style working conditions. The advent of online publishing – The New York Times debuted its first web edition in January 1996 – eliminated cost and distribution barriers that once
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