The Challenge of Information. Teacher's Guide [And] Student Guide. INSTITUTION Constitutional Rights Foundation, Los Angeles, CA

DOCUMENT RESUME

ED 424 179 SO 029 484

AUTHOR Croddy, Marshall; Degelman, Charles; Hayes, Bill TITLE The Challenge of Information. Teacher's Guide [and] Student Guide. INSTITUTION Constitutional Rights Foundation, Los Angeles, CA. SPONS AGENCY W. M. Keck Foundation, Los Angeles, CA. ISBN ISBN-1-886253-09-9; ISBN-1-886253-08-0 -_ PUB DATE 1998-00-00 NOTE 115p. AVAILABLE FROM Constitutional Rights Foundation, 601 South Kingsley Drive, Los Angeles, CA 90005; Tel: 213-487-5990. PUB TYPE Guides - Classroom Learner (051) -- Guides Classroom - Teacher (052) EDRS PRICE MF01/PC05 Plus Postage. DESCRIPTORS *Civil Law; *Civil Rights; *Constitutional Law; Information Dissemination; Information Industry; Information Policy; *Law Related Education; Libel and Slander; Mass Media Role; Political Science; Privacy; Secondary Education; Social Studies; Teaching Guides IDENTIFIERS *United States Constitution

ABSTRACT The teacher's guide and a students' guide focus on basic constitutional issues dealing with the media and free press. Students examine case studies, tabloid headlines, and various policy issues relating to information dissemination in society. The guide provides recommended lesson sequences incorporating readings, directed discussions, and interactive activities supported by reproducible student handouts. Instructions for utilizing the Civil Conversation feature are included along with instructions for a final assessment activity involving the Internet. The lessonsare divided into five chapters with 18 lessons. Chapters include: (1) "A Free PresS"; (2) "A Responsible Press"; (3) "Free Press/Fair Trial"; (4) "The Myth Makers"; and (5) "New Frontiers." Fourteen student handoutsaccompany the lessons. (EH)

******************************************************************************** Reproductions supplied by EDRS are the best that can be made from the original document. ******************************************************************************** 1

?Pm.

U.S. DEPARTMENT OF EDUCATION PERMISSION TO REPRODUCE AND Office of Educational Research and improvement DISSEMINATE THIS MATERIAL HAS EDUCATiONAL RESOURCES INFORMATION BEEN GRANTED BY CENTER (ERIC) 17//Thisdocument has been reproduced as received from the person or organization originating it. CrodYd 0 Minor changes have been made to improve reproduction quality.

TO THE EDUCATIONAL RESOURCES Points of view or opinions stated in this INFORMATION CENTER (ERIC) document do not necessarily represent official OERI position or policy. TEACHER'S GUID

This Constitutional Rights Foundation publication is made possible by a generous grant from the W.M. Keck Foundation.

BES1 COI'Y DA`VAILABLE Haley J. Fromholz, President WM. KEWeweTDATION Constitutional Rights Foundation

Jerome C. Byrne, Chairman The Challenge gr Information is the second volume in the WM. Constitutional Rights Foundation Keck Foundation Series, a series of educational publications Publications Committee that will address key challenges facing our democratic and pluralistic republic under the framework of the Constitution EDITOR AND CONTENT DESIGN and its Bill of Rights. Marshall Cioddy The WM. Keck Foundation, one of the nation's largest charita- WRrrERs ble foundations, primarily supports higher education, medical Marshall Croddy research, and science. The Foundation also maintains a Charles Degelman Southern California Grant Progjam that provides support in Bill Hayes the areas of civic and community services, health care, precollegiate education, and the arts. The Board of Directors of REVIEWERS Constitutional Rights Foundation is grateful to the WM. Keck Jerome C Byrne Foundation for its vision and generosity Marvin Sears Peggy Saferstein Cadton C. Varner

PRINCIPAL STAFF Todd Clark, Executive Director

Marshall Cloddy, Director of Program and Materials Development Jo Ann Burton, Director of Development

PRODUCTION Michelle Ingram/Ingram Design Studio, Design Andrew Costly, Production Manager Navigator Press, Printing

Constitutional Rights Foundation 601 South Kingsley Drive Los Angeles, CA 90005 (213) 487-5990 www.crf-usa.org

ISBN: 1-886253-09-9

2 The Challenge of Information TEACHER'S GUIDE

TABLE OF CONTENTS

Introduction 4 CHAPTER 4: THE MYTH MAKERS

Overview 4 Lesson 15: Myths, Rumors, and Legends 17

Lesson 16: Conspiracy Theory 18

LESSONS 4 Lesson 17: 'What's Going On Here? 18

CHAPTER 1: A FREE PRESS

Lesson 1: Introduction 4 CHAPTER 5: NEW FRONTIERS

Lesson 2: A Free Press 5 Lesson 18: New Frontiers 20 Lesson 3: Limits on Freedom of the Press 6 Conducting a Civil Conversation in the Classroom Lesson 4: Libel and the First Amendment 7 21 Final Assessment Lesson 5: The People's Right to Know 8 22 Lesson 6: Press Freedom vs. Military Additional Resources 23 Censorship 9

HANDOUTS 24 CHAPTER 2: A RESPONSIBLE PRESS Handout A: Stop the Presses!

Lesson 7: Inquisition in Atlanta 10 Handout B: Malice

Lesson 8: Advertising and the Media 10 Handout C: Consider the Source Handout D: Should Millenium Drop It? Lesson 9: Tabloid! 11 Handout E: Tabloid or Not Tabloid? Lesson 10: Undercover: ABC Goes Lion Hunting 12 Handout F: Limiting Undercover Journalism Lesson 11: Negative Local Newslf It Handout G: Local News Bleeds, It Leads 13 Handout H: Media Watch Survey

Lesson 12: Who Watches the Media? 14 Handout I: Research Assignment Handout J: Confidential Sources Handout K: Conspiracy Busters CHAPTER 3: FREE PRESS/FAIR TRIAL Handout L: The Z Files Lesson 13: The Media and High-Profile Handout M: Civil Conversations Court Cases 15 Handout N: Final Assessment Lesson 14: Protecting News Sources 16 Introduction Civil Conversations: Brief readings that raise issues for structured discussions. his Teacher's Guide is designed to provide Information-Age Checklists: Short guides that instructional support for the classroom use of T give students tips on finding and evaluating The Challenge of Information. The student text is orga- information. nized into five major chapters. This Teacher's Guide and The Challenge of 1. A Free Press covers basic Constitutional issues Information have been made possible by a generous dealing with the media and free press. It con- grant from the W.M. Keck Foundation as part of a tains an overview of First Amendment doc- series that focuses on critical challenges facing trines, a case study on New York Times v. America and its constitutional democracy as we Sullivan, an overview of issues involving the approach the 21st century. right to know, and a case study of the press's relationship with the military during the Gulf War. Overview of the Teacher's 2.A Responsible Press looks into problems of Guide press irresponsibility. It has a case study on press coverage of Richard Jewell and the This Teacher's Guide provides recommended lesson Olympic bombing, an overview of advertising's sequences incorporating readings, directed discus- effect on editorial content, a look at tabloids, a sions, and interactive activities supported by repro- study of the Food Lion case (in which news ducible student handouts. Also included are instruc- people lied to gain entrance to processing tions for utilizing the Civil Conversation feature plant), an examination of local news, and pro- and instructions for a final assessment activity posed reforms to improve accuracy of coverage involving the Internet. and press ethics. 3. Free Press-Fair Trial explores issues involving the Chapter 1 A Free Press press and the criminal justice system. It contains an article on problems related to high-pro- LESSON 1: INTRODUCTION file cases and an examination of whether reporters should have to reveal their sources in court. OVERVIEW

4.The Myth Makers encourages students to take a This lesson introduces students to The Challenge of critical look at information. It has articles on Information. First, students read and discuss the urban myths and rumors, conspiracy theories, introduction to the text. Then in small groups, stu- and paranormal phenomena. dents compete to see who can create the longest list of newspapers, magazines, television and radio sta- 5. New Frontiers explores policy issues of rele- tions, books, videos, and web pages that they have vance to the Internet. Its one article takes a look access to. at the growth of the Internet and at issues surrounding hate speech and indecency on the OBJECTIVES Internet. Students will be able to: In addition to expositional readings that provide a substantive focus on issues relating to information, 1. Describe the purpose of The Challenge of each chapter contains these features: Information and its educational goals. Points of Inquiry: Questions about the various 2.Identify a range of media. texts to promote classroom thought and discussion.

5 PREPARATION Step 5. Debrief the activity by asking: What would your lists have looked like if you lived Each group of students will need seven sheets of 100 years ago? How do you think it has notebook paper. changed our lives to have access to all this information? PROCEDURE A. Focus Discussion: Explain to students that EXTENSION because of today's new media, many people Have students keep a Media Log forone day's activ- call our time the Information Age. Ask stu- ities (preferably a non-school day). From the time dents: "Through what types of media do we get they wake up to the time theygo to bed, students information today?" Hold a brief discussion should make a chronological list ofevery exposure making sure students name the various types to mediawatching television, listening to CDs, of media, such as books, television, radio, playing video games, etc. (Tell students to beas spe- Internet, newspapers, and magazines. cific as possible, e.g., list a televisionprogram and B. Reading and Discussion: Ask students to read how long they watched.) the introduction to the text on page 4. Write Based on their chronological list, they should make the term "information" on the board and ask a second list showing the different types of media students to provide definitions. Then ask stu- exposure they hadtelevision, radio, CDs, books, dents to describe the focus and major sections newspapers, magazines, Internet, movies, video of the book. Discuss any questions they might games, etc. Next to each category, they should fig- have. ure how much time they spent (e.g., television-4 C. Small-Group Activity: Media Race hours, 35 minutes). Step I. Divide students into groups of four or Have the class total all students' time for different five. Write the following headings on the categories and calculate averages for each. board: "Television Stations," "Radio Stations," "Newspapers," "Magazines," "Web Sites," "Books," and "Videos." Tell students that each LESSON 2: A FREE PRESS group should have seven sheets of paper, each labeled at the top with one of the headings. OVERVIEW Step 2. Tell students that each group will try to This lesson helps students understand how freedom list as many entries as possible under each heading. Tell them they can only list an entry of the press developed and why free expression is that someone in the group has access to (at important. First, students read and discuss an arti- home, at school, at a library, at a friend's or cle tracing the development of freedom of thepress family member's house, etc.). Inform them that in America. Then in small groups, students brain- television and radio stations can only be iden- storm reasons why freedom of expression is impor- tified by call letters (e.g, KCBS) or by name tant to them and report back to the class their ton (e.g., the History Channel)not by channel reasons. The class selects the top 10 reasons. number or number on the radio dial. OBJECTIVES Step 3. Tell students to begin and that they Students will be able to: have 10 minutes. Step 4. Call time. Ask: "Which group has the 1. Explain the purpose of freedom of the press. most newspapers listed?" Have that group read 2.State reasons why freedom of expression is its list. Repeat this process for each of the important. seven categories. Declare winners for each category and overall. PROCEDURE LESSON 3: LIMITS ON FREEDOM OF THE A. Focus Discussion: Ask students: "What does PRESS 'freedom of the press' mean?" Hold a brief discussion. OVERVIEW B. Reading and Discussion: Ask students to read This lesson gives students an overview of the First A Free Press on page 6. Conduct a class discus- Amendment's press protections. First, students read sion using the Points of Inquiry questions on and discuss an article on recognized limits to free- page 9. dom of the press. Then in pairs, students role play college newspaper editors who must decide whether 1. What are the two basic methods used by hypothetical stories are protected by the First Henry VIII to control the press? Amendment and whether to print these stories. 2.What is freedom of the press? OBJECTIVES 3. Do you think freedom of expression is important? Explain. Students will be able to:

C. Small-Group Activity: Top-Ten List 1. Describe recognized limits to freedom of the press. Step 1. Explain to students that in many countries there is no such thing as freedom of 2.Apply recognized limits on freedom of the press expression: Authorities limit access to technolo- to hypothetical situations. gy (the Internet, copy machines, faxes, etc.) and censor books, movies, song lyrics, etc. Tell PREPARATION them that many things we take for granted are You will need a copy of Handout A for each pair of banned elsewhere. Explain that in this activity students. they are going to brainstorm reasons why freedom of expression is important to them per- PROCEDURE sonally. A. Focus Discussion: Tell students the First Step 2. Divide students into groups of three or Amendment to the U.S. Constitution guaran- four. In each group, have students pick a chair- tees freedom of the press. Ask students: "Does person (who leads the discussion), a recorder this mean newspapers can print whatever they (who writes down their ideas), a reporter (who want?" Hold a brief discussion. reports back to the class), and (if there are four members) a responder (who answers any ques- B. Reading and Discussion: Ask students to read tions the class may have about the group's Limits on Freedom of the Free Press on report). Tell students to brainstorm reasons for page 9. Conduct a class discussion using the five minutes and then select their top three rea- Points of Inquiry questions on page 12. sons to report to the class. 1. The article mentions four areasnational Step 3. Allow them five minutes to brainstorm security, obscenity, defamation, and priNTa- and then tell them to select their top three rea- cythat often cause conflicts with freed= sons. When the groups are ready, have each of the press. What are the conflicts in each report back. After each group reports, have the of these areas? class decide on the group's top two reasons by 2.Do you think the press should be limited in voting. Write these on the board. When all these areas? Explain. groups have reported, have the class vote on its top ten reasons. Step 4. Debrief by asking: "Do you think there should be limits on freedom of expression? If so, when?" 6 1' 3. Do you agree with the court's decision in groups, students role play trial judges deciding Hazelwood v. Kuhlmeier? Why or why not? whether hypothetical plaintiffs are public officials, What do you think the rule should be for public figures, or private citizens for thepurpose of student-run newspapers at public colleges? libel actions. Explain. OBJECTIVES C. Paired Activity: Stop the Presses Students will be able to: Step 1. Explain to students that editors decide what stories go in newspapers. Tell them that 1. State and support an opinion about the U.S. aside from evaluating the writing, they must Supreme Court decision in New York Timesv. consider the appropriateness of the material Sullivan. and even, as students have read, its legal conse- 2. quences. Inform them that in this activity they Classify hypothetical libel plaintiffsas public officials, public figures, or private citizens. are going to role play editors of a weekly college newspaper and they are going to evaluate PREPARATION three stories. You will need a copy of Handout B for each Step 2. Divide students into pairs. Distribute group of three students. Handout AStop the Presses! to each pair. Review the instructions. Make sure students PROCEDURE understand that they don't have to print something merely because the First Amendment A. Focus Discussion: Ask students: "Whatcan peo- protects it. ple do if newspapers print lies about them?" Hold a brief discussion of defamation suits. Step 3. When they finish, ask: "What problems might story #1 cause?" After they have listed B.Reading and Discussion: Ask students to read some problems, ask those pairs who think the Revolution in Libel Law: New York Timesv. First Amendment protects this story to stand. Sullivan and its Aftermath on page 13. Ask for reasons from those standing and sit- Conduct a class discussion using the Points of ting. Then ask to stand those pairs who would Inquiry questions on page 15. print the story. Again ask for reasons. 1. What is the purpose of libel suits? How Step 4. Repeat the process for the remaining might they stifle free debate? stories. 2.What did the Supreme Court decide in Step 5. Debrief by asking: "Do you think there New York Times v. Sullivan? Do you agree should be more or fewer limits on freedom of with this decision? Why or why not? the press? Why?" 3. What are "public officials" and "public figures"?

LESSON 4: LIBEL AND THE FIRST C. Small-Group Activity: Malice AMENDMENT Step 1. Explain that in many libel suits today- judges must rule on whether the plaintiff (the OVERVIEW person suing) is a public figure or public official. Tell students that they are going to role In this lesson, students examine how the First play judges and make this decision in several Amendment places limits on libel suits. First, stu- hypothetical cases. dents read and discuss an article on the revolution Step 2. Divide the class into groups of three. in libel law caused by the U.S. Supreme Court decision in New York Times v. Sullivan. Then in small Distribute Handout BMalice to eachgroup and review the instructions. Step 3. When the groups complete the assign- PROCEDURE ment, ask: "How many groups felt Plaintiff #1 was a public official? A public figure? A pri- A. Focus Discussion: Ask students: "Is it impor- vate citizen?" Have students discuss their rea- tant for people in a democracy to know what sons. Repeat this process for each plaintiff. the government is doing?" Hold a brief discus- (The following are some questions keyed for sion. each plaintiff: Plaintiff #1: Is Phelps a public B. Reading and Discussion: Ask students to read official as a third grade teacher? Is he a public The People's Right to Know on page 15. figure because he serves as union representative Conduct a class discussion using the Points of and actively attends PTA meetings? Plaintiff Inquiry questions on page 19. #2: Does Ramirez as head of a department have sufficient responsibility to be considered 1. Why do you think the Supreme Court has a public official? Plaintiff #3: Is James the rare interpreted the First Amendment to ban instance of an involuntary public figure? censorship under most circumstances? In what circumstances, if any, do you think Step 4. Debrief by asking: censorship should be allowed?

Why, in libel law, does the court treat pri- 2.What did the court decide in Houchins v. vate individuals different from public offi- KQED? Do you agree? Why? cials and public figures? 3. In your opinion, does the Constitution Do you think this distinction makes sense? give the people a "right to know"? Explain. Explain. C. Small-Group Activity: The Bomb LESSON 5: THE PEOPLE'S RIGHT TO Step 1. Remind students that the H-bomb case KNOW never reached the Supreme Court. Tell students that people have different opinions on what the court would have decided. Inform OVERVIEW students that they are going to hold a moot In this lesson, students explore various Supreme court and decide the case. Write this question Court rulings on the right to know, including on the board: Should The Progressive be allowed cases on prior restraint and the right to access to to publish the H-bomb story? government. First, students read and discuss an Step 2. Divide the class into groups of three. article on the right to know. Then in small groups, Assign each student in each triad one of three students hold a moot court on The Progressive case, roles: government lawyer, lawyer for The in which the government sought to stop a maga- Progressive, and Supreme Court justice. zine from publishing an article on the hydrogen bomb. Step 3. Regroup the class so that students can consult with one another while preparing for OBJECTIVES the moot court. Put government lawyers 6n one side of the room, lawyers for The Students will be able to: Progressive on the other, and Supreme Court

1. Decide a case of prior restraint. justices in front. Tell the lawyers to think up their best arguments and the justices to think 2.Give reasons for their decision. up questions to ask each side. Tell everyone to refer to the article. Step 4. Regroup into triads and begin the moot court. Tell government lawyers to present their cases first. Each side will have two

'8 minutes to present. The justice can interrupt to 2.Do you think the press should have access ask questions. After both sides present, have the to war zones? Explain. justices return to their seats in front, discuss 3. What are the similarities and differences the case, and vote. Each justice should individ- between the two sets of battlefield press ually state his or her opinion on thecase. rules discussed in the article? Step 5. Debrief by asking what were the C. Small-Group Activity: Presidential strongest arguments on each side. Commission

CIVIL CONVERSATION Step 1. Divide students into groups of threeor four. As an additional activity, conduct a Civil Conversation using the reading on page 17 and the Step 2. Tell students to imagine that theyare procedures outlined on page 21 of this guide. members of a commission appointed by the president to recommend press rules in future American wars abroad. Explain that theircom- LESSON 6: PRESS FREEDOM VS. mission has been presented with two different sets of press rulesthe two in the article. MILITARY CENSORSHIP Step 3. Tell them their task is to evaluate the OVERVIEW two policies using the GRADE checklist on page 22 and decide which to recommend to In this lesson, students explore the conflict between the president. Briefly review GRADE. the military and media over presscoverage during wartime and analyze competingpress policies. First, Step 4. Have each group assign roles:a com- students read and discuss a case study ofpress cen- mission chairperson (who leads the discus- sorship during the Gulf War. In smallgroups, stu- sion), a recorder (who writes the group's dents use a rubric to analyze two press policies and answers to each GRADE item on a sheet of decide which should be adopted by the military in paper), a reporter (who reports the commis- wartime. sion's findings to the class), and, if thegroup has four members, a responder (whoanswers OBJECTIVES any questions the class may have about the group's findings). Students will be able to: Step 5. When the groups finish, call on 1. Use a rubric to analyze two policies on wartime reporters from different groups to answer the press coverage. GRAD items of the GRADE checklist for 2.Decide on the best policy and give reasons for Policy #1: Press Pool Rules. Then callon their decision. reporters to answer the GAD items of the GRADE checklist for Policy #2: Proposed PROCEDURE Rules by News Media. Ask which policy the groups favored. Hold a discussion over why A. Focus Discussion: Ask: "What conflicts might they favored one policy over another. arise between the press and military ina war zone?" Hold a brief discussion. B. Reading and Discussion: Ask students to read Press Freedom vs. Military Censorshipon page 20. Conduct a class discussion using the Points of Inquiry questions on page 23.

1. Is it possible to carry on a war witha free press? Why or why not?

1 0 9 3. Why do you think it is important for jour- Chapter 2 A Responsible nalists to check their sources? Press C. Reading and Discussion: Ask students to read Information-Age Checklist SMART on page 27. Discuss any questions they might have. LESSON 7: INQUISITION IN ATLANTA D. Paired Activity: Consider the Source OVERVIEW Step 1. Divide the class into pairs. Tell students they are going to role play editors and evaluate In this lesson, students explore the importance of the sources of news stories that reporters have using reliable sources for news stories. First, stu- submitted. Distribute Handout CConsider dents read and discuss a case study on press cover- the Source to each pair. Review the handout age of the Olympic bombing in Atlanta and a and answer any questions students may have. checklist for judging the reliability of sources. Then in a paired activity they check the reliability of Step 2. Monitor group progress as students sources in hypothetical situations. complete their tasks. Step 3. Ask for one pair to report on Story #1. OBJECTIVES Allow others to comment. Repeat this process Students will be able to: for the other two stories. Debrief the activity by asking students why it's important to check 1. Explain why checking sources is important. sources of stories. 2.Evaluate the reliability of sources in hypothetical situations. LESSON 8: ADVERTISING AND THE PREPARATION MEDIA You will need a copy of Handout C for each student. OVERVIEW

PROCEDURE In this lesson, students examine the influence of advertising on the media. First, students read and A. Focus Discussion: Ask students if they've ever discuss an article on this subject. Then in a small- heard stories that turned out to be false. Ask group activity, they role play editors deciding them: "When someone tells you a story, how whether to accept or deny the demands of advertis- do you evaluate the truth of the story?" Hold a ers in three hypothetical situations. brief discussion. B. Reading and Discussion: Ask students to read OBJECTIVES Inquisition in Atlanta on page 24. Lead a dis- Students will be able to: cussion using the Points of Inquiry on page 27. 1. Recognize conflicts between editorial content 1.In your opinion, should the media have and advertising. reported the news that Richard Jewell was being considered a suspect? Why or why 2.Evaluate how editors should respond to not? demands from advertisers.

2.Why do you think journalists failed to investigate the motives of law-enforcement officers who leaked Richard Jewell's name to the media? PREPARATION EXTENSION You will need a copy of Handout D for each Ask students to measure the amount of advertising group. in newspapers and on televisionnews programs.

PROCEDURE For television: Ask students to usea watch to measure the overall length of an evening news broad- A. Focus Discussion: Ask students: "How do cast. Write down the length of time (minutes and newspapers, magazines, and television earn seconds) devoted to advertising and subtract ad money to stay in business?" Hold a brief dis- time from news time to createa ratio between cussion. advertising time and news time.

B. Reading and Discussion: Have students read For newspapers: Ask studentsmeasure the column Advertising and the Media on page 28. inches of news and advertising. (A column is usual- Conduct a class discussion using the Points of ly about 2 to 3 inches wide. A column is measured Inquiry questions on page 30. by its length in column inches.) Students should determine how many column inches there 1. What is a "firewall" in journalism? What are on purpose does the firewall serve? each page and then record the amount of column inches devoted to news and subtract this from the 2.How has the relationship between advertis- total number of column incheson a page to deter- ing and editorial departments changed in mine the column inches of advertising. Students recent years? should create a ratio between advertisingspace and news space. 3. How might editors and reporters ensure that readers and viewers get the news they want and need, without regard for advertisers? LESSON 9: TABLOID! C. Small-Group Activity: You Be the Editor OVERVIEW Step 1. Tell students that in this activity they are going to play the part of editors who must In this lesson, students explore tabloid journalism consider the requests of advertisers and pub- and its relationship to mainstream media. First,stu- lishers. dents read and discuss an article describing tabloid journalism and issues arising from tabloidprac- Step 2. Divide the class into groups of three tices. Then students take the role of editors who students. Distribute Handout DShould must decide whether or not to use certain tabloid Millenium Drop It? to each group. Review practices. the handout instructions with the class. Step 3. Monitor students' progress as they OBJECTIVES complete the activity. Students will be able to: Step 4. Call on a group to explain its decision 1. Identify various practices of tabloid for Proposal #1. Let other groups comment. journalism. Repeat for each proposal. 2.State an informed opinion on whether main- Step 5. Debrief by asking: "What influence do stream media should adopt such tabloid prac- you think advertisers should have on the con- tices as creating composite photographs, paying tent of magazines and newspapers?" for stories, and focusing on celebrity andsensa- tionalism.

1211 PREPARATION LESSON 10: UNDERCOVER: ABC GOES You will need one copy of Handout E for each LION HUNTING student. OVERVIEW PROCEDURE In this lesson, students examine undercover jour- A. Focus Discussion: Ask students: "What is a nalism. First, students read and discuss a case study tabloid?" Hold a brief discussion. of a controversial undercover investigation. Then students role play advisers to the governor who B. Reading and Discussion: Ask students to read must recommend whether the governor should Tabloid! on page 31. Lead a class discussion support proposed legislation designed to limit using the Points of Inquiry questions on undercover journalistic practices. page 34.

1. What are some tabloid practices that critics OBJECTIVES think are unethical? Students will be able to: 2. Why do you think that mainstream jour- 1. Analyze reasons for and against undercover nalists often consider tabloids to be journalism. "sleazy" or illegitimate? 2.Decide whether to support hypothetical legisla- 3. List two recent news stories where main- tion limiting undercover journalism. stream journalists were accused of resorting to tabloid practices. PREPARATION In your opinion, do you think mainstream 4. You will need one copy of Handout F for each stu- journalists should use tabloid methods? dent. Explain. C. Small-Group Activity: Tabloid or Not PROCEDURE Tabloid? A. Focus Discussion: Ask students: "Have you Step 1. Explain to students that in this activity ever seen a television a program where they are going to take the role of newspaper reporters went undercover to get the story? Do editors who must decide how to cover a series you think this is a good way for journalists to of news stories. get a story?" Hold a brief discussion. Step 2. Divide the class into groups of three to B.Reading and Discussion: Ask students to read five students. Distribute Handout ETabloid Undercover: ABC Goes Lion Hunting on or Not Tabloid? to each group. Review the page 34. Hold a class discussion using the activity instructions with students and monitor Points of Inquiry questions on page 38. student progress as they complete the activity. 1. What was the case about between Food. Step 3. Call on one group to give its decision Lion and ABC's "Prime Time Live"? and reasons for Editorial Decision #1. Let 2. Do you think Food Lion should have sued other students comment. Repeat for the other for libel? Explain. decisions. 3. Do you think ABC should pay punitive Step 4. Debrief the activity by asking: "How do damages for what it did? Explain. tabloid practices affect the credibility of the press? 4.When, if ever, do you think undercover journalism is justified? Explain.

13 C. Small-Group Activity: Limiting Undercover PROCEDURE Journalism A. Focus Discussion: Ask students: "Do you Step 1. Tell students that they are going to role watch local news programs? What kind ofnews play advisers to the governor who must recom- do you see on these shows?" Hold a brief dis- mend whether or not the governor should sup- cussion. port proposed legislation to put limits on undercover journalistic practices. Divide the B. Reading and Discussion: Ask students to read class into groups of three to five students. Negative Local News: If It Bleeds, It Leads on page 38. Hold a class discussion using the Step 2. Distribute Handout FLimiting Points of Inquiry questions on page 41. Undercover Journalism to each group. Review the handout instructions with the class and 1. Why do you think local television stations monitor students' progress as they complete place an emphasis on crime coverage? the activity. 2.Do you think extensive crime coverage Step 3. Ask how many advisers recommend harms or helps a community? Why? that the governor support Proposal #1. Ask for 3. How do you think broadcast journalists their reasons. Ask for the reasons of those who could lessen the negative impact of crime oppose the measure. Hold a discussion. Repeat coverage? with Proposal #2. C. Small-Group Activity: Local News Step 4. Debrief the activity by asking if students changed their minds about limiting Step 1. Tell students that in this activity they undercover journalism. Discuss the reasons for are going to role play news editors who must their decision. decide which stories to air on a 15-minute television newscast. Step 2. Divide the class into small groups of LESSON 11: NEGATIVE LOCAL NEWS: three to five students. Distribute Handout G IF IT BLEEDS, IT LEADS Local News to each student. OVERVIEW Step 3. Review the handout's instructions with In this lesson, students examine issues surrounding the class and monitor students' progress as they negative local news broadcasts. First, students read complete the activity. and discuss an article on the content and impact Step 4. Call on various groups of students to of local television news coverage. Next, in small present their program schedule. Debrief the groups, students play the role of editors who must activity by asking groups to explain the reasons choose and prioritize news stories. for their choices.

OBJECTIVES EXTENSION Students will be able to: Ask students to watch a local televisionnews broad- 1. Decide from a list which news stories belong cast. Ask them to list each story in order of appear- on local television news. ance and to describe (1) the type of story (crime, health, education, fire, etc.), (2) its approximate 2.Give informed reasons for their decision. length, and (3) whether it was positiveor negative. PREPARATION When the whole class meets, ask: (1) What kind of stories got the most attention? (2) What story Make one copy of Handout G for each student. was the most important? (3) What percentage of stories were positive? Negative? Debrief by asking how good they think the local news is. LESSON 12: WHO WATCHES THE "What value do surveys have?"(You can learn MEDIA? what people think about an issue.) Step 2. Divide the class into pairs. Distribute OVERVIEW Handout HMedia Watch Survey to each student. This handout includes instructions for In this lesson, students explore the need for jour- conducting a survey. Review the handout and nalistic ethics and methods for addressing journal- answer any questions students may have. istic abuse. First, students read and discuss an article on media ethics. Then, students conduct a sur- Step 3. Have students conduct the survey on vey on student attitudes about the media. each other for practice. Then have participants work in pairs to conduct the survey on five OBJECTIVES other students. Students will be able to: Step 4. Have each pair of students report back the results. Debrief the survey by asking: 1. Identify common ethical problems that journalists face. What surprised you about the results? What didn't surprise you? 2.Conduct an effective survey. Would the results be different if you asked 3. Identify student attitudes from survey results. adults? Other groups?

PREPARATION Which survey questions are the most important? Why? You will need one copy of Handout H for each student. CIVIL CONVERSATION

PROCEDURE Two additional activities:

A. Focus Discussion: Ask students: "Do you 1. Conduct a Civil Conversation using the read- trust the media? Why or why not?" Hold a ing on page 44 and the procedures outlined on brief discussion. page 21 of this guide. B. Reading and Discussion: Ask students to read 2.Conduct a Civil Conversation using the read- Who Watches the Media? on page 42. Hold a ing on page 46 and the procedures outlined on class discussion using the Points of Inquiry on page 21 of this guide. page 47.

1. List some reasons experts give for the breakdown of public trust in the media?

2.Do you think laws should be passed to control the media? Why or why not?

3. What is a code of ethics? How could a code of ethics help restore trust in the media? C. Paired Activity: Conducting a Survey Step 1. Ask students: "How many of you have taken part in an opinion survey or poll?" After students respond, tell them they have just taken part in a survey. Ask students:

1 4 't 2.The article mentions several remedies that Chapter 3 Free Press/ judges can take to ensure an impartial jury. Fair Trial Which do you think are the most effective? The least effective? Why?

3.What are the advantages of cameras in the LESSON 13: THE MEDIA AND courtroom? The disadvantages? Do you think they should be allowed in the court- HIGH-PROFILE COURT CASES room? Explain.

4. OVERVIEW What other problems do you think highly publicized cases cause for the justice In this lesson, students explore some of the prob- system? lems that publicity may cause criminal trials. First, C. Small-Group Activity: Research Assignment students read and discuss an article on problems posed by high-profile cases as exemplified by the Step 1. Inform students that throughout O.J. Simpson murder trial. Then, in a research and American history there have been many highly writing activity, students report on other high-pro- publicized criminal cases that have gripped file cases in American history. the nation. Explain that in this research and writing activity, they will all get a chance to OBJECTIVES find out about one case and report to the class on it. Students will be able to: Step 2. Review research tips in FILTER on I. Identify problems that publicity maycause page 52. criminal trials. Step 3. Distribute Handout IResearch 2.Research and report on a high-profile case in American history. Assignment to students. Review the assignment. We suggest that the paper be a minimum of four pages, including title page and annotat- PREPARATION ed bibliography, but fashion the assignment to You will need a copy of Handout I for each fit your class. Emphasize getting a variety of student. sources and analyzing the sources for reliability. Assign a due date. PROCEDURE Step 4. On the due date, have students present A. Focus Discussion: Ask students: "Howmany their reports. of you have watched a criminal trial on televi- Step 5. After all the reports, debrief by asking: sion? Do you think trials should be on television? Why or why not?" Hold a brief discus- "What problems do high-profile cases cause the sion. criminal justice system? What solutions doyou suggest?" B. Reading and Discussion: Ask students to read Mternative presentation ideas. Having many The Media and High-Profile Court Caseson reports in one day may present problems for page 48. Conduct a class discussion using the some classes. Have are some alternatives: Points of Inquiry questions on page 51. 1. Spread the reports over a week or more and 1. Do you think there should be laws against limit presentations to two students each media organizations paying witnesses? day. Explain. 2.Make the assignment a group report. 3. Spread the assignment through the semes- ter. Draw due dates by lottery.

16 15 LESSON 14: PROTECTING NEWS C. Paired Activity: Confidential Sources SOURCES Step 1. Ask students: "What would happen if reporters often broke their promises to keep OVERVIEW their sources secret?" (Students should answer In this lesson, students examine issues of reporter that reporters would probably lose a lot of confidentiality. First, students read and discuss an sources.) article on legal rules protecting news sources. Then, Step 2. Tell students that they are going to role in pairs students decide what they would do if they play reporters who must decide whether to were reporters in three hypothetical situations. break their promises to not reveal sources. Divide the class into pairs. Distribute Handout OBJECTIVES J: Confidential Sources and review the instruc- Students will be able to: tions. Step 3. When the pairs finish the assignment, 1. Express an informed opinion on whether the First Amendment protects reporter confiden- ask pairs what they would do in Situation #1. tiality. Discuss the reasons. Repeat for the next two situations. 2.Make decisions in three hypothetical situta- tions whether to break promises and reveal Step 4. Debrief the activity by asking: sources. If you were a reporter, would you promise

3. Give reasons for the decisions. people confidentiality? Why of why not? Do you think reporters should be forced to PREPARATION testify at criminal trials? Explain. You will need a copy of Handout J for each How about ordinary citizens? Explain. student. CIVIL CONVERSATION PROCEDURE As an additional activity, conduct a Civil A. Focus Discussion: Ask students: "How do you Conversation using the reading on pages 54 and think reporters get stories?" Hold a brief dis- the procedures outlined on page 21 of this guide. cussion. B. Reading and Discussion: Ask students to read Protecting News Sources on page 53. Conduct a class discussion using the Points of Inquiry questions on page 55.

1. Why is it reporters want to keep their sources confidential? Do you think this is important to reporting news stories? Explain.

2.Why does the law require almost everyone to testify at criminal trials?

3. What were the four opinions given in the Branzburg case? Which, if any, do you agree with? Why?

16 4-) '41 Chapter 4The Myth B. Reading and Discussion: Ask students to read Myths, Rumors, and Legends on page 56. Makers Then lead a class discussion using the Points of Inquiry on page 58.

LESSON 15: MYTHS, RUMORS AND 1. Based on the descriptions in the reading, have you ever heard an urban legend? If so, LEGENDS what was it? Which of the characteristics did it contain? OVERVIEW 2.Have you ever been the subject of a false This lesson begins a section in which students rumor? How did it make you feel? What examine a range of extraordinary claims and sto- did you do about it? ries (often perpetuated by the media) and practice applying criteria to critically evaluate them. First, 3. What advice would you give to someone students read and discuss an article on urban leg- who believes an urban legend or rumor? ends and rumors. Next, they collect and record C. Individual Activity: Researching and examples of urban legends and analyze them on Evaluating Urban Legends given criteria. Step 1. Tell students that in this activity they OBJECTIVES are going to collect some urban legends of their Students will be able to: own and evaluate them according to the characteristics in the reading. As a first step, each stu- 1. Describe and compare urban legends and dent must find an urban legend. This can be rumors. done at the library (hint: check the folklore sec- 2.Analyze urban legends using given criteria out- tion) or on the Internet (by searching under lining their common characteristics. Urban Legends).

PROCEDURE Step 2. Once each student has an urban legend, the assignment is to write a short paper with A. Focus Activity: Tell students: two components: (1) a retelling of the urban "Not every story we hear, read about, orsee myth in the students own words and (2) a brief on television is true. For thousands of years, written analysis of the urban legend describing people have believed scary or bizarre tales. it in terms of the characteristics listed in the They are still told today and may appear in reading. books, magazines, or on television. They may Step 3. Have students exchange papers and be about flying saucers, ghosts, psychic powers, or government conspiracies." share analyses with one another. Debrief the activity with a class discussion in which stu- Then ask: "What are some examples of such dents share their legends and analyses with the tales that you have heard, read, or seen on tele- class. vision?" CIVIL CONVERSATION Encourage several students to relate examples from their own experience. Then explain that As an additional activity, conduct a Civil part of being an informed citizen is being able Conversation using the reading on page 59 and the to evaluate and make up your mind about procedures outlined on page 21 of this guide. whether the information you receive is true. Tell them that in this section we will learn how to ask tough questions about extraordinary claims.

1317 LESSON 16. CONSPIRACY THEORY 1. Have you heard or read about any of the conspiracy theories mentioned in the article? If so, what was their source? OVERVIEW 2.What are some other conspiracy theories? In this lesson, students examine a common extra- Describe them. What proof is offered in ordinary claim: the conspiracy theory. First, they their support? Is it valid? read and discuss an article describing the history of conspiracy theories and common elements they 3. Why do you think people believe in con- share. Then in a class activity, students will analyze spiracy theories? descriptions of claims often made by conspiracy theorists in terms of logical flaws. C. Small-Group Activity: Conspiracy Busters Step 1. Divide the class into groups of two or OBJECTIVES three students each. Distribute Handout K Students will be able to: Conspiracy Busters to each student. Step 2. Review the handout instructions with 1. Identify conspiracy theories and describe them in terms of given elements. the class and monitor students' progress as they complete the activity. 2.Analyze claims common to conspiracy theories in terms of their elements and logical fal- Step 3. Call on various groups of students to lacies. present their reports. Add to the list of items as they are identified. PREPARATION Step 4. Debrief the activity by asking if any You will need a copy of Handout K for each stu- groups checked the "pursue" box on the form dent. and whether they would reconsider.

PROCEDURE A. Focus Discussion: Ask the class the following LESSON 17: WHAT'S GOING ON HERE? questions: OVERVIEW Have you ever hear the term, "conspiracy theory"? What is it? (From movies or the This lesson focuses on another common type of popular media, students should propose extraordinary claims, those of the paranormal. definitions.) First, students read and discuss an article describing various kinds of paranormal claims and the debates What are some examples? (E.g., assassina- over their validity. Then students review a checklist tion of President Kennedy, his brother, or for evaluating extraordinary claims and, in an activ- Martin Luther King; government cover-ups ity, use it to evaluate some given examples. of flying saucers; control of the U.S government by foreign powers; the death of OBJECTIVES Marilyn Monroe, etc.) Students will be able to: Explain that in this lesson they will examine 1. Identify examples of paranormal claims com- various conspiracy theories and learn how to monly made in the media. evaluate them. 2. Identify criteria for evaluating extraordinary B. Reading and Discussion: Have students read claims made by the media. Conspiracy Theory on page 60. Conduct a class discussion using the Points of Inquiry 3. Evaluate extraordinary claims with reference to questions on page 62. the given criteria. PREPARATION Step 2. Review the activity instructions with the class and monitor student progressas they You will need one copy of Handout L for each complete the activity. Create four boxes on the student. board and designate each with one of the following letters: A, B, C, or D. PROCEDURE Step 3. Call on several pairs to report their A. Focus Discussion: Tell students that in this les- answers and provide reasons for Case File A. son they are going to discuss another kind of Repeat the process for B-D. extraordinary claim often covered by the media: those of the paranormal. Then ask: Step 4. Debrief the activity by reviewing and adding to the findings with reference to the What is the definition of paranormal? following: (Lead students to understand thatparanor- mal claims are those that are outside the A. S and A. Mere eyewitness testimony normal, for which there is no scientific is often flawed and raises questions proof.) about the Source of the claim. In addition, there could be numerous What are some examples of paranormal Alternative and normal explanations claims that might be found on television for the bright light or the craft. or in books or magazines? (Students might identify flying saucers, ghosts, hauntings, B.F and S. This claim fails because it is ESP, etc.) impossible to prove it falsethe claims are so vague as to be meaning- Explain that in this lesson, students will exam- less. The claimant also appears to be ine some paranormal claims and discoversome a questionable Source as she seems to ways for evaluating them. make a living from selling crystals. B. Reading and Discussion: Ask students to read C.E. This claim fails for a lack of evi- What's Going on Here? on page 63. Lead a dence. The claimant has the burden of class discussion using the Points of Inquiry proof and he offers little, but a refuta- questions on page 67. tion of other theories of which he 1. With which paranormal subjects areyou lacks expertise. familiar? Make a list. D. A and E. This claim fails because there 2. Why are paranormal subjects so popular? are Alternative explanations for the face including a natural rock forma- 3. Do most people view paranormal subjects tion and the effect of shadows and as truth or fiction? Why? light. Since the face is not proven to 4.What are some possible dangers Ofmany be made by advanced beings, it is not people believing in the paranormal? sufficient Evidence to assert the claim of an advanced civilization. C. Reading and Discussion: Information-Age Checklist: Carefully review with students the EXTENSION material contained in FALSE on page 64. Discuss any questions they might have and, for Assign students to watch a televisionprogram that each of the items, ask students to provide addi- features paranormal claims and evaluateone of its tional examples from their own experience. stories or claims using the FALSE checklist. Students should report and discuss their findings D. Paired Activity: The Z Files with the class. Step 1. Divide the class into pairs of students. Distribute Handout LThe Z Files to each student.

r- 20 4.What are the advantages of having a free flow Chapter 5 New Frontiers of information on the Internet? What are some possible disadvantages? LESSON 18: NEW FRONTIERS C. Small-Group Activity: Cyber Policy

OVERVIEW Step 1. Explain to students that in this activity they are going to take the role of lawmakers and In this lesson, students, through a reading and dis- evaluate a proposed policy for regulating content cussion, examine issues related to the regulation of on the Internet. Review Information-Age content on the Internet. Then in a group activity, ChecklistPolicy on page 22. students evaluate a proposed policy for monitoring potentially offensive content on the Internet. Step 2. Divide the class into groups of four or five students. OBJECTIVES Step 3. Write the following proposed bill on the Students will be able to: board:

1. Describe two areas of proposed content regula- By January 1, all Internet Service Providers tion on the Internet: indecency and hate (ISPs) operating within the United States speech. and its territories must provide all users with 2.Evaluate a proposed policy for regulating inde- software capable of screening or blocking cency and hate speech on the Internet. all World Wide Web sites that contain (1) obscene or indecent material and PROCEDURE (2) material that incites hatred or violence against any racial or ethnic group, religion, A. Focus Discussion: Begin the lesson by conducting a class discussion using the following or gender. questions: Step 4. Tell students that each group is a legisla- Who has used the Internet? For what pur- tive subcommittee. Ask them to appoint a chair- pose? person (who will lead the group's discuSsions), a recorder (who takes notes and helps prepare the What are some examples of web sites you report), and a reporter (who reports to the class). have visited? Step 5. Inform them that the subcommittee's How would you rate the quality of the task is to prepare a report that makes a recom- information on the Internet? mendation to (1) Adopt, (2) Reject, or (3) Table B. Reading and Discussion: Have students read for Further Consideration the proposed bill. A Brave New World on page 68. Lead a class Each report must clearly state the reasons for discussion using the Points of Inquiry ques- the recommendation based on the subcommit- tions on page 70. tee's policy evaluation discussions. Tell students to discuss the proposed bill using the Informa- 1. Do you agree with the U.S. Supreme Court decision in the Reno case? Why or tion-Age ChecklistPolicy questions on page 22. why not? Monitor group progress as students complete their tasks. 2.Do you think that hate-based web sites should receive full First Amendment pro- Step 6. Call on the reporter of each subcommit- tection? Why or why not? tee to make the group's report.

3. Do you agree with the tactic of applying Step 7. Debrief the activity, using the following pressure against Internet service providers question: "What modifications might be made to remove indecent or hate-based sites to the proposed policy to assure freedom of from the World Wide Web? Why or why speech and the free flow of information on the not? Internet?" 0 I 20 EXTENSION 3. Conversations for classroom purposes should have a time limit generally ranging from 15 to Select a subject (or subjects) that you are studying 45 minutes and an additional five minutes to or are going to study. Have students find web sites reflect on the effectiveness of the conversations. related to this subject and, and using the SEARCH The reflection time is an opportunity to ask criteria, select the five best sites. Students should make a one-page report listing the five top sites any students who have not spoken to comment (names and URLs) and explain the strenghts and on the things they heard. Ask them who said weakness of each site. something that gave them a new insight, that they agreed with, or disagreed with.

CONDUCTING A CIVIL CONVERSATION PREPARATION IN THE CLASSROOM You will need one copy of Handout M for each student. OVERVIEW PROCEDURE Controversial legal and policy issues, as they are discussed in the public arena, often lead to polar- A. Introduction: Briefly overview the purpose and ization, not understanding. This Civil Conversation rationale of the Civil Conversation activity. activity offers an alternative. In this structured dis- Distribute copies of Handout MCivil cussion method, under the guidance of a facilitator, Conversations. Review the rules. participants are encouraged to engage intellectually B. Reading Guide: Review, select, and refer stu- with challenging materials, gain insight about their dents to one of the Civil Conversations in the own point of view, and strive for a shared under- text. Have students working in pairs complete standing of issues. the reading by following the instructions and responding to the questions in the Civil OBJECTIVES Conversation Reading Guide. Students will be able to: C. Conducting the Activity 1. Gain a deeper understanding of a controversial issue. Step 1. Select one of the formats and time frames from above and arrange the class 2.Identify common ground among differing accordingly. views. Step 2. If selecting the large-group format, the 3. Develop speaking, listening, and analytical skills. teacher leads the discussion using the procedures from below. If using a small-group for- FORMAT OPTIONS mat, write the following procedures on the 1. A large-group conversation requires that all stu- board and review them with the class. Then dents sit in a circle or, if the group is too large, select co-conversation leaders for each group. pair the students so that there is an inner and outer circle with students able to move back LEADERS' INSTRUCTIONS and forth into the inner circle if they have Begin the conversation, by asking every something to add. member of the group to respond to questions 3 and 4 of the Reading Guide. 2.Small-group conversation can be structured Members should not just repeat what oth- either with a small group discussing in the mid- ers say. dle of the class "fish bowl" style or simultane- ously with different leaders in each group. Then ask the entire group to respond question 5 and jot down the issues raised. Continue the conversation by discussing the questions raised. 22 4 21 Step 3. Debrief the activity by having the class write two papers: (1) a feature story evaluating the reflect on the effectiveness of the conversation. claims and (2) an editorial evaluating the proposed Begin by asking students to return to the policy. Finally, students turn in their work product Reading Guide and answer questions 6 and 7. to the teacher who evaluates it using model answers. Then ask: NOTE: Teachers are invited to select one feature What did you learn from the Civil story and one editorial from each class and forward Conversation? the names to Constitutional Rights Foundation What common ground did you find with (CRF) for recognition on a special page of the CRF other members of the group? web site. Then ask students who were not active in the con- OBJECTIVES versation to comment on the things they learned or observed. Conclude the debriefing by asking all Students will be able to: participants to suggest ways in which the conversa- 1. Take a multiple-choice and essay test on The tion could be improved. If appropriate, have stu- Challenge of Information. dents add the suggestions to their list of conversation rules. 2.Do background research using case files, the library, and the Internet to separate fact from fiction in a hypothetical news story.

FINAL ASSESSMENT 3. Write a feature story evaluating the claims made OVERVIEW in the hypothetical story. We offer two assessment strategies. The first con- 4.Write an editorial evaluating a public policy sists of a short multiple-choice and essay test (with proposed in hypothetical story. an answer key for the multiple-choice section). The second is an exciting Internet activity "Countdown PREPARATION to Doomsday," which can serve as an authentic You will need one copy of Handout N for each stu- assessment of what students have learned from The dent. Challenge of Information. If you are going to use the authentic assessment To do "Countdown to Doomsday," students first "Countdown to Doomsday," you will also need to take the multiple-choice and essay test. Students consider the following: can then either use the correct answers from the multiple-choice part of the test as a code to down- There are separate student and teacher sections on load the assignment from our web site or get the our "Countdown to Doomsday" web page. assignment directly from you (we provide instruc- The student section contains instructions; a memo tions for you to download the entire assignment from the newspaper's editor outlining the investiga- and model answers from our web site). tive reporter's assignment; a tabloid-style feature "Countdown to Doomsday" is a research, analysis, article about the dangers of asteroids that also and writing exercise. Students apply the skills they describes a public policy imperative; hypothetical learned in The Challenge of Information by taking interviews; a brief scientific treatise, several public the role of investigative reporters. Their assignment policy options; and a list of online and offline is to review a rival newspaper's story that contains research resources. a controversial claim and proposes a public policy. The teacher section contains all the materials in The controversial claim is that a dangerous aster- the student section plus procedures for completing oid will soon hit Earth and the proposed policy the activity, model answers that serve as evaluation involves taking steps to blow up this asteroid. First, criteria for students' work, and a nomination form students use research (much of it provided in the for recognition on CRF's web site. materials) to separate fact from fiction. Then they

22 You will need to download the teacher section. Go Step 3. Review the assignment with students. Give to CRF's web site (www.crf-usa.org) and click on The them a deadline. Challenge of Information. The page will ask for Step 4. When students complete the assignment, Teacher User Name. Insert your name. It also asks use the model answers you have downloaded in the for a Password. Type in W467CK and press Enter. teacher materials to help you evaluate the activity. Follow the instructions for downloading. You can print the material using your word processor and Step 5. Send CRF an e-mail ([email protected]) printer. with the first name and initial from the lastname of (1) the student who wrote the best feature story Decide whether you will (A) copy the student mate- evaluating the claims and (2) the student who rials and distribute them to students or (B) have wrote the best editorial evaluating the proposed students download the material. If students down- policy. We will post these nameson our web site as load the material, they need to go to CRF's web winners of the Golden Pen awards. Besure to site, click on Challenge of Information, insert their include the name of your school, the teacher's name under Student User Name and type in name, and the title of the course. We would also CADBACECBD as the Password. NOTE: The pass- appreciate any comments you may haveon the word corresponds to 10 answers from the multiple- activity and the book. choice part of the test on Handout N. Students should get the code by doing the test. Students who ANSWERS TO HANDOUT N do not answer the multiple-choice items correctly should be encouraged to review the material in The 1-C; 2-A; 3-D; 4-B; 5-A; 6-C; 7-E; 8-C; 9-B; 10-D Challenge of Information and correct their answersso that they, too, can access the activity. ADDITIONAL RESOURCES FROM CONSTITUTIONAL RIGHTS PROCEDURE FOUNDATION If you are just giving the multiple-choice andessay test, distribute Handout NFinal Assessment to These Constitutional Rights Foundation materials each student, allow them time to take the test, and may be of interest to those using The Challenge of correct the test. Information: Procedure for "Countdown to Doomsday" Foundations of Freedom: A Living History of our Bill of Rights. This highly illustrated text traces the Step 1. Tell students they are going to take a teston 200-year history of the Bill of Rights. The Challenge of Information. Distribute Handout NFinal Assessment to each student. Allow time From the School Newsroom to the Courtroom: Lessons on the Hazelwood Case and Free Expression Policy for students to complete the test. Grade theessay portion of the test. Making in the Public Schools. This supplement takes an in-depth view of the landmark 1987 Supreme Step 2. If you are distributing the student material Court decision of Hazelwood v. Kuhlmeier. yourself, check student answers on the multiple- choice part using the answer code below, distribute Bill of Rights in Action. This quarterly curricular the assignment to students, and answerany ques- newsletter is distributed free to educators through- tions they may have. If you want students to get the out the United States. (If you are not in the assignment off the web, tell students that they United States, you can download it fromour web should go to the CRF web site (www.crf-usa.org) site.) To subscribe, send us your U.S. mailing and enter their names at Student User Name and address. You can send this information via fax, the code from the multiple-choice answers on e-mail, or regular mail. Handout N as the Password. Encourage students Constitutional Rights Foundation publishes a wide who do not get the code right to review the materi- variety of curricular materials. You can send fora al in The Challenge of Information and correct their catalog or view it at our web site. answers.

23 Handout A

Stop the Presses!

You are the editors of a newspaper at a major public university. In this week's edition, there are four stories that pose problems. Read each. On a separate sheet of paper, answer the following questions for each story. Refer to the article "A Free Press" to help you answer these questions.

Questions to answer for each story:

What problems might the story cause?

Is the story protected by the First Amendment? YES NO Explain.

Will you print the story? YES NO Explain.

Story #1: Professor Profile. One of the ongoing features in your paper is to profile a different professor each week. Your reporter has uncovered the fact that Professor Herman Fossbinder, the object of this week's profile, committed an armed robbery in his youth. Fossbinder admits it but doesn't want you to print it. He says the court sealed the record of his conviction.

Story #2: Invasion. In the next week, U.S. troops will invade a small Caribbean nation. This invasion is top secret. You got this story from a friend, a member of the armed forces, whose unit will take part in the secret invasion.

Story #3: University President. A team of your reporters have uncovered facts that seem to indi- cate that the president of your university has embezzled thousands of dollars fromscholarship funds. The president strongly denies this.

0 1998, Constitutional Rights Foundation The Challenge of Information Handout B Malice

Imagine you are trial judges. On your docket, you have four libel actions. For eachyou must determine whether the plaintiff (the person suing) is a public official, public figure,or private citizen. Your decisions are important because the U.S. Supreme Court has made it muchmore difficult for public officials or public figures to win a libel suit. They must prove "actual malice," that the defendant made defamatory statements either knowing they were false or with reckless disregard of the truth. Follow these instructions: (1) In Revolution in Libel Law: New York Times v. Sullivan and Its Aftermath, review the definitions of public officials and public figures and the reasons the court requires them toprove actual malice. (2) Consider each case below carefully and decide whether the plaintiff is a public official, public figure, or private citizen. (3) On a separate sheet of paper, write your reasons for each decision.

Plaintiff #1: Harry Phelps. Phelps teaches third grade, is active in the Parent Teacher Association (PTA), and serves as union representative for teachers at his school. At a recent PTA meeting, Phelps got into a heated argument with some parents. Following the meeting, one parent wrotean open letter to the faculty denouncing Phelps as a drunk.

Plaintiff #2: Julia Ramirez. Ramirez runs the Zoning Department for her city. This is notan elected or appointed post. She is a career civil service employee who has worked herway to the top of the department. On a recent talk radio program, a caller accused Ramirez of taking bribes to approve the zoning for a new office complex.

Plaintiff #3: Ron James. James, an unemployed construction worker, was shot and seriously wounded when he grabbed a gunman shooting at the governor (who was not injured due to James' heroics). In the ensuing media coverage, one TV station wrongly reported that James was carrying drugs.

Plaintiff #4: John Folsom. Folsom is the husband of a world-famous movie actress. A supermarket tabloid reported that Folsom is secretly dating another famous actress.

0 p

You are editors of a large urban newspaper. All the stories in your paper must be based on reliable sources. The four stories below have been submitted by reporters. Read each story. On a separate sheet of paper, answer these questions for each story. (Be sure to explain your answers.) Use the SMART tests from the Information-Age Checklist on page 27 to help you. Questions to answer for each story: Will you print the story? YES NO If no, what does the reporter need to do before you can print it? What are the reasons for your decision?

Story #1: The city transportation workers have been on strike for one week. City hall and the union are conducting secret negotiations. A prominent union official has informed your reporter that the city refuses to negotiate and is planning to hire new workers if the union does not accept the offer made before the strike began.

Story #2: Three players were suspended for one month from a local university basketball team. The players have rejoined the team. Every reporter seems to know that one player will be perma- nently kicked off the team because the player has once again tested positive for marijuana. No player will talk with you and university officials refuse to discuss the matter. They won't even reveal the reason for the first suspension. Your reporter has learned that a rival paper is going to print this story tomorrow.

Story #3: City Council Member Jones ran for office as a strong environmentalist. Since her election, she has pursued this agenda with one exception. She has supported a large development in a wetlands area. John Smith told your reporter that he accidentally intercepted a cellular telephone call between Jones and the developer. According to Smith, the developer offered Jones $50,000 for her support of the project. The reporter says that Smith is an upstanding member of the community with no connection to Jones or her political opponents.

c 1998, Constitutional Rights Foundation The Challenge of Infirmation Should Millenium Drop It?

You are the editors of Millenium, a new magazine foryoung people that features articles on national and world news and contemporary culture. As editors, it isyour responsibility to set editorial policy. This includes deciding the extent to which you will allow advertisingto influence your publication. The publisher of Millenium informs you that threenew advertisers have contacted the magazine. They want to place regular ads in Millenium but they have special demands. Your publisher remindsyou that advertising pays for more than half Millenium' s $6 million yearly budget. Your job is to (1) accept, (2) reject, or (3) modify each proposal. The publisher needsreasons for each of your decisions. Proposal #1: Cyklon Computers (Projected advertising: $250,000per year) Cyklon wants to know ahead of time about any articles thatyou write describing health hazards that may arise from the use of computers. It also wants Cyklons to appear in any Milleniumcover photo that includes a computer. It wants Cyklon ads toappear next to any Millenium stories about computer science and technology ACCEPT REJECT MODIFY If modify, explain how: Reasons for your decision:

Proposal #2: Sandra Mae Dolls (Projected advertising: $125,000per year) Sandra Mae wants to publish ads in Millenium but thecompany is concerned with its public image. It doesn't want its ads to appear in any issue of Millenium that features stories aboutsex, drugs, religion, or any other topic that it considers to be offensive, anti-social, or in bad taste. ACCEPT REJECT MODIFY If modify, explain how: Reasons for your decision:

Proposal #3: EcoSphere Electric Cars (Projected advertising: $185,000per year) EcoSphere wants to be present at meetings of the editorial staff of Milenium. Itwants to help develOp ideas for news stories that appear in Millenium. It also wants its ads placed inany issue of Millenium that features stories about the dangers of pollution and global warming. ACCEPT REJECT MODIFY If modify, explain how: Reasons for your decision: ,

4 . c 1998, Constitutional Rights Foundation The Challenge of Information 1.) ,P? '.11 Handout E Tabloid or Not Tabloid?

You are the editors of the Daily Mercury, a popular newspaper in a large American city. You are in charge of deciding how to cover the news. Work together to decide whether to use the stories and practices illustrated below. List the reasons for your decisions. Editorial decision #1: Representatives from two warring factions of an embattled North African nation are planning to meet for peace talks. There are no photos of the two men together. The graphics designer says she can use computer graphics to combine two separate photos of the former enemies into one picture. You would mark the photo as a composite. Should the graphics designer make a composite photo of the two men? YES NO

Reasons for your decision:

Editorial decision #2: A local politician has been discovered in a hotel room with a woman who is not his wife. A local scientist has announced a major scientific breakthrough. You only have room for one headline story. Which story makes the headline?LOCAL POLITICIAN LOCAL SCIENTIST

Reasons for your decision:

Editorial decision #3: A major crime figure has been arrested on murder charges. A close friend of the suspect approaches one of your reporters and offers an exclusive interview that would provide information about the suspect that is available to no other news organization. This would be a major scoop for your paper. The suspect's friend wants $12,000 for the interview. Should you pay for the information? YES NO

Reasons for your decision:

Editorial decision #4: A famous movie star has recently been arrested on charges of drug abuse-. The star and his family live together on a private estate in your community. One of your photojournalists wants to apply for a job as a gardener on the actor's estate in order to secretly photograph the actor, his wife, and children. Should the photojournalist to apply for the gardening job? YES NO

Reasons for your decision:

c 1998, Constitutional Rights Foundation The Challenge of lOrmation Handout F Limiting Undercover Journalism

You are advisers to the governor. The governor has askedyou to recommend whether she should support two measures that are currently before the state legislature. These measures attempt topro- hibit journalists from using deception to gather information. Proposed Measures

Proposal #1: No journalist may use false information to gain admittanceto a private home, place of business, or government office.

Proposal #2: No one may use hidden cameras or tape recorders without theconsent of the persons being taped.

Both proposals are punishable by fines up to $5,000 and jail timeup to six months. Instructions

Step 1. Select a chairperson to lead the discussion, a recorder to take notes, anda presenter to report your results to the class.

Step 2. Read and discuss the Proposed Measures. Use the Information-Age Checklist GRADEon page 22 to help you evaluate each measure. On a separate sheet of paper, write down your responses to each GRADE test. Use information from the article Undercover: ABC Goes Lion Hunting to help you.

Step 3. Decide whether the governor should support or oppose thesemeasures. Be prepared to give reasons for your decisions.

c 1998, Constitutional Rights Foundation The Challenge of Information Handout G

Local News

You are the editors for the nightly news at KNEW, a popular local television station. Your job is to choose stories for the KNEW Evening News, a 15-minute broadcast featuring local stories. Four of the 15 minutes of your broadcast are dedicated to commercials, givingyou a total of 11 minutes of news time. You have three different story lengths: 30-second Spots, 60-second Stories, and 21/2-minute (150-second) Features. On a separate sheet of paper make a Program Schedule with three columns: Column One. Put the stories in the order you would present them. (1, 2, 3, etc.). Column Two. Tell the story length (Spot, Story, or Feature). The total must be 11 minutes. Column Three. State the reason you chose this story for this position and length. Below is the list of today's local news stories. Choose the ones you willrun and put them on your Program Schedule. Stories must total 11 minutes.

(A) Woman, 70, will run in marathon. (M) Husband held in killing of wife. (B)Local attorney appointed as head of state (N) Executive charged in drug, sex, gambling highway commission. ring. (C) Annual parade is rousing success. (0) Random freeway shooting thought to be gang-related. (D) Mental health center offers new programs. (P)Residents demand new park.

(E)Local students win academic decathlon. (Q) Couple to lead church as co-pastors. (F)Sheriff cracks down on speeding on (R) Famous old restaurant will reopen. Canyon Rd. (S) New fire chief named. (G) Accelerated learning program to help failing students. (T)Panel urges freeway extension. (H) State proposes ban on smoking in all (U) Former mayor dies. buildings open to the public. (V)Garbage collectors may strike. (I) Conservationists want to save historic (W) Toxic chemicals found at dump. building slated for demolition. (X)City council proposes curfew. (J) Police arrest man in vehicle break-ins. (Y) Forecasters predict no change in weather. (K)Carjacker strikes again. (Z)Local sports news. (L)Local medical school honors three business leaders

The purpose of this survey is to determine what people in your school think about journalists' rights and responsibilities. There are two steps to conducting this survey:

1.Select the people you want to survey. Students? Teachers? People of all ages? Other groups? You don't have to ask every student to learn people's attitudes. Take a random sample. For example, choosing every fifth home room would give you a random sample of students. 2.Conduct the survey. Be sure to explain the purpose of the survey. Tell people they do not have to give their names. Be polite. People who answer your survey are doing you a favor. Survey Questions

1.Where do you get most of your information about local, national, and world affairs? Television Newspapers Nowhere Other Unsure

2. Do you think the media tell the truth? Always Most of the time Some of the time Never Unsure

3.Do you think the media ignore people's right to privacy? Always Most of the time Some of the time Never Unsure

4. Do you think freedom of the press should be part of our First Amendment right to freedom of speech?

Yes No Unsure

5.Do you think the media abuse freedom of the press? Always Most of the time Some of the time Never Unsure

6. Do you think journalists can control their own news-gathering practices with a code of rules or ethics?

Yes No Unsure

7. Do you think journalists should be able to use deception to gather information?

Yes No Unsure

C j c 1998, Constitutional Rights Foundation ...al..- The Challenge of Information Handout I

Research Assignment

Aside from the murder trial of 0.J. Simpson, there have been many criminal trials that have generated enormous publicity. Some have even been hailed as "the trial of the century." In this activity, you will research and report on one of these trials.

1. Select one of the following trials:

a. 1865 trial of Dr. Samuel A. Mudd for aiding conspira- k. 1954 and 1966 trials of Sam Sheppard for murdering tors in murdering Abraham Lincoln. his wife.

1865 trial of Captain Henry Wirz for war crimes at 1. 1969 trial of Sirhan Sirhan for assassinating Robert Andersonville Prison. Kennedy. 1886 Chicago Haymarket bombing trial of August m.1971 court martial trials of Lt. William Calley and Spies, Samuel Fielden, Michael Schwab, Adolph Captain Ernest Medina. Fischer, George Engel, Louis Lingg, Albert R. Parsons, n. 1976 trial of Patty Hearst for armed robbery. Rudolph Schnaubelt, William Seliger, and Oscar Neebe for conspiracy to commit murder and riot. o. 1982 trial of John Hinckley for the attempted assassination of Ronald Reagan. 1892 trial of Lizzie Borden for the ax murders of her father and stepmother. p. 1982 and 1985 trials of Claus von Billow for the attempted murder of his wife. 1907 trial of Bill Haywood for murdering Frank Steunenberg, ex-governor of Idaho. q. 1984 trial of John Z. Delorean for selling cocaine. 1921 trial of Sacco and Vanzetti for robbery and r. 1985 trial of Bernhard Goetz for attempted murder, murder. assault, and illegal gun possession. 1925 trial of John Scopes for breaking the Butler Law s. 1990 trial of Imelda Marcos for racketeering and against teaching evolution. fraud. 1935 trial of Bruno Richard Hauptmann for kidnaping t. 1992 trial of Manuel Noriega for racketeering and con- and murdering the Lindbergh baby. spiracy to distribute cocaine. 1950 trial of Alger Hiss for perjury. u. 1992 and 1993 trials of police officers Laurence Powell, Stacey Koon, Theodore Briseno, and Timothy Wind 1951 trial of Ethel and Julius Rosenberg for conspir- for beating Rodney King. ing to spy for the Soviet Union.

2.Use the tips in FILTER on page 52 to help you research the case. Your case generated much controversy. Some people agreed with the verdict and others disagreed. Find sources from each side. Check books, newspapers, magazines, the Internet. Find the titles of any films that have been made based on your case. 3. Write a report. Tell about the trial, any appeals, and the aftermath of the trial. Answer each of the following questions in detail. If the question calls for an opinion, explain the reasons for your opinion fully. What was the case about? What kind of publicity did it receive? Why did it generate so much publicity? What did the judge do to ensure a fair trial? Do you think this was enough? What was the verdict in the trial? Why do you think the jury reached this verdict? Do you agree with it? [Note: Some cases had more than one trial. Be sure to include information on all trials and appeals.] Include an annotated bibliography, listing your sources and commenting on reliability of each.

4.Be prepared to present your report in an interesting way to the whole class.

You're a reporter for a major newspaper. For six months,you have been working on an investigative story about how gangs operate in your community. You have gained entrance to the P3s, the most dangerous gang in your community. In exchange for lettingyou observe them, you have promised gang members that you will not reveal their names or secrets. Explain what you would do in the following situations:

Situation #1. A member of the gang confesses that he pulleda bank robbery. After your story is written, the police realize that you knowa lot about the gang, which they suspect robbed the bank. The district attorney sends you a subpoena (an order) toappear before the grand jury. Your state has no shield law. What should you do? (Circle one.) TESTIFY BEFORE THE GRAND JURY REFUSE TO TESTIFY AND GO TO JAIL

Explain:

Situation #2. One day, while you're with gang members,you hear them planning to retaliate against another gang. They say that early tomorrow morning they're goingto spray an apartment house with gunfire. What shouldyou do? (Circle one.) TELL THE POLICE KEEP QUIET

Explain:

Situation #3. Many of the gang membersare heavily involved with heroin. You notice that they often use their own young children torun drug errands. You mention this in your story. The next day, two agents from Child Protective Servicescome to your office. They want the names of the children so that they can be removed from these homes. What shouldyou do? (Circle one.) TELL THEM THE NAMES REFUSE TO GIVE THEM THE NAMES

Explain:

The Challenge of Information C,; .* Conspiracy Busters

Directions: Imagine that you are a researcher at a secretgovernment agency. The job of the agency is to investigate conspiracy theories to determine whether they have validity. You andyour partners have been assigned the task of evaluating the following letter and writing a report to give to the Agency Director. Follow these steps: 1. Review the reading Conspiracy Theory on page 60.

2. Carefully review the following letter, which has been received by theagency:

TO WHOM IT MAYCONCERN: My name isJohn Krebs, M.D. I amabout to publish a bookcalled MicrowaveDeath. It contains the results of 10 yearsof research duringwhich I uncovered a conspiracyof enormous danger.It involves the Pentagon,major high-tech corporations, and asignificant numberof our elected officials. In anutshell, these groups areworking together to utilizemicrowaves to createweapons of mass destruction,to imposemind control to manipulate Americancitizens, and tochange the climate of theUnited States. Here arejust a few of the facts: The Departmentof Defense hasfunded research in microwavedevelopment fornearly 40 years. Thousands of Americancitizens have complained of microwavemonitoring, including mindcontrol attemptsand other symptomssuch as anxietyand poor health. Budco InduStriesinstalled a microwavesending station on the coastof Peru just beforethe appearanceEl Nifio in 1997. Files proving theconspiracy hadbeen collected by my associate,whom I cannot name,because he is a governmentemployee. They were destroyed in a fireof mysterious origin,which "fire investigators"called an "accident." Fortunately, my associatehas a photographic memoryand created notes uponwhich I base my findings.

3.As a group, discuss and fill out the following report. Be preparedto present your report to the director.

Agency Report Form 7-22A

1. Researchers submitting this report: (Names)

2.Era involved (Check one) Historical Contemporary_

3.Reasons this conspiracy theory may be invalid: (Provide at least two examples):

4.Logical problems noted: (Provide at least two examples):

5. Recommendations (Check one) Pursue File Discard (Provide reasons)

c 1998, Constitutional Rights Foundation The Challenge of Information 31 Handout L

The Z Files

Congratulations, you have been promoted from a researcher at the secret governmentagency to a field investigator. Now, you and your partnerare in charge of investigating the agency's strangest cases drawn from the basement archives, the Z Files. Because of limited resources, agency guidelines require that a claim pass all of the FALSE tests beforea formal investigation is commenced. To complete your assignment, follow these steps: 1. Carefully review the FALSE tests with your partner. 2.Read and discuss the following file summaries. Placean F, A, L, S or E in the box following any of the items that fail that test. Place multiple letters, if appropriate. Then, in thespace provided, explain your answer. Case File A: James Armey, a lab worker, claims that hiscar was followed home late one night by a bright light. After going to sleep, he was awakened bya loud noise. Looking out his window toward the airport, he saw a UFO rise straight up in the air at great speed and vanish. He claims itwas from outer space. Reasons:

Case File B: Writer Michelle Pfister claims in her new book, The Crystal Connection, that people who own crystals are protected from negative energy and enjoy a greater sense of well being. Pfister owns a crystal shop in Arizona. Reasons:

Case File C: Judd Mack, a retired Army major, claims that the AIDS viruswas created by the U.S. government in 1972 as part of a germ warfare program and that a lab accident in 1979 released it on the world. He argues strongly that current scientific theories about its originsare incorrect, but provides little evidence for his own theory except that the government is coveringup the facts. Reasons

Case File D: Numerous people report being able to see what they believe to bea huge stone head in NASA photos of the surface of Mars. This, they claim,proves that at one time Mars supported an advanced civilization. Reasons:

RULES FOR CIVIL CONVERSATIONS 1. Read the text as if it were written by someone you really respected. 2.Everyone in the conversation group should participate in the conversation. 3.Listen carefully to what others are saying. 4. Ask clarifying questions if you do not understand a point raised. 5.Be respectful of what others are saying. 6.Refer to the text to support your ideas. 7. Focus on ideas, not personalities.

CIVIL CONVERSATION READING GUIDE Reading Read through the entire selection without stopping to think aboutany particular section. Pay attention to your first impression as to what the reading is about. Look for the main points, and then go back and re-read it. Briefly answer the following questions.

1. This selection is about 2.The main points are:

a) b)

3.In the reading, I agree with

4.I disagree with

5.What are two questions about this reading that you think need to be discussed? (The best questions for discussion are ones that have no simple answer,ones that can use materials in the text as evidence.)

The next two questions should be answered after you holdyour civil conversation. 6. What did you learn from the civil conversation?

7. What common ground did you find with other members of the group?

Final Assessment

Multiple-Choice Questions

1. Freedom of the press is guaranteed by the 5.Journalists have traditionally demanded separa- A. Declaration of Independence. tion between advertising departments and B. Gettysburg Address. newsrooms because C. First Amendment. A. stories should be covered if they are news- D. Fourth Amendment. worthy, without concern for whether they E. Fifth Amendment. will attract or repel advertisers. B. the media are owned by large corporations. 2.Some limits have been placed on freedom of the press in all of the following areas except C. advertising allows publishers to charge less A. politics money for their product. B. privacy D. publishers would rather print advertise- C. obscenity ments than news. D. national security E. advertising plays an insignificant role in E. defamation the running of a news organization.

3. In a libel action, which of the following is 6.Which of the following is not criticized as a least likely to be considered a public figure? tabloid practice? A. a large corporation A. altering photos B. a movie star B. paying sources C. a newspaper columnist C. double checking sources D. an accountant D. covering celebrity gossip E. a criminal defendant in a highly publicized trial E. reporting on alien life forms

7. Which of the following is a critical violation of 4.Which factor would not help justify reporters journalistic ethics? going undercover? A. distorting information A. There was no other way to find the information. B. using fraud to gather information B. It was easier to cover the story. C. presenting gossip as serious news C. The information was of vital public impor- D. invading privacy tance. E. all of the above D. The harm of the deception was outweighed by the harm prevented by revealing the information. E. Before going undercover, the reporters went through a careful, deliberative process.

8. Cameras in the courtroom are controversial 10. Which would you never find ina questionable because conspiracy theory? A. only famous criminals attract media atten- A. some true statements tion. B. criticism of established claims B.televised trials can be appealed by the defendant. C. the belief that all government officialsare corrupt C. they may affect how the trial is conducted. D. evidence proving the theory D. media coverage exposes the secrets of the criminal justice system. E. allegations of a cover-up involving hundreds of people E. cameras prevent a defendant's Sixth Amendment right to a speedy trial. Note: The correct answers to the above 10 multiple- choice questions provide a code for gaining entrance to the "Countdown to Doomsday" web 9. Urban legends usually do not pages. Place each answer in its proper box in the A. contain a moral. second column below. B. describe events that have actually happened. The second column is a password for entering C. have many different versions. "Countdown to Doomsday" on Constitutional D. express social anxiety about common fears, Rights Foundation's web site (www.crf-usa.org). Use such as death, technology, and disease. your name as Student User.

E. have elements of humor or horror. Question # 1 23 5 6 7 8 9 10

Letter of answer

Essay Questions Write answers to any two of these essay questions:

1. Why is freedom of expression important? Give at least threereasons. Tell how it impacts your life. 2.When, if ever, should freedom of the press be restricted? Discuss threeareas in which people have tried to restrict freedom of the press. Give arguments for and against restrictions in eacharea. Tell whether you favor or oppose restrictions in each area and why. 3. Discuss tabloid practices. Describe three particular tabloid practices. Explain whysome reporters favor and others oppose each practice. Give reasons whyyou favor or oppose each practice. 4.Make up a conspiracy theory. Include elements found in questionable conspiracy theories. Conclude by analyzing the errors in your conspiracy theory.

0 1998, Constitutional Rights Foundation The Challenge of Information WM. KEWe_IFffiNDATION

4 1 _LL

111111,-&-_-_

This Constitutional Rights Foundationpublication is made possible by a generous grant from the W.M. Keck Foundation. THE CHALLENGE

Marshall Croddy Charles Degelman Bill Hayes

This Constitutional Rights Foundation publication is made possible by a generous grant from the W.M. Keck Foundation.

3F.e. CN AvALABLE 4 :1 Haley J. Fromholz, President Constitutional Rights Foundation WM. KEWel&LVDATION Jemrne C. Byrne, Chairman Constitutional Rights Foundation The Challenge (f Information Publications Committee is the second volume in the WM. Keck Foundation Series, a series of educational pub-

EDITOR AND CONTENT DESIGN lications that will address key challenges facingour demo- Marshall Croddy cratic and pluralistic republic under the framework of the Constitution and its Bill of Rights.

WRITERS The WM. Keck Foundation, one of the nation's largest Marshall Croddy charitable foundations primarily supports higher educa- Charles Degelman tion, medical research, and science. The Foundation also Bill Hayes maintains a Southern California Grant Program that provides support in the arras of civic and communityser- REVIEWERS Jerome C Byrne vices, health care., precollegiate education, and thearts. Marvin Sears The Board of Directors of Constitutional Rights Foun- Carkon A. Varner dation is grateful to the WM. Keck Foundation for its vision and generosity.

PRINCIPAL STAFF Todd Clark, Executive Director We gratefully acknowledge the following sources for Marshall Cloddy, Director of Programs and photographs and editorial cartoons, whichwere Materials Development used with permission: Jo Ann Burton, Director of Development Anderson, Kirk, St. Paul, MN: 21, 29, 30, 62

PRODUCTION AP/Wide World Photo: 6, 10, 13, 16, 18, 19, 20, 28, 31, 42, 48, 51, Michelle Ingram/Ingram Design Studio, Design 56, 57, 60, 61, 63, 66, 68, 69

Andrew Costly, Producdon Manager Associated Press: 25, 35, 39, 40, 49 Navigator Press, Printing Borgman, Jim, King Features Syndicate. Reprinted with permission: 43 Corbis: 9, 14, 24, 32, 37, 50

Corbis/Bettman: 53

' Constitutional Rights Foundation Handelsman, Walt, ©Tribune Media Services, Inc. All Rights Reserved. Reprinted with permission: 26 601 South Kingsley Drive The Huntington Library, San Marino, California: 7 Los Angeles, CA 90005 (213) 487-59)0 Markstein, Gary, Milwaukee Journal Sentinel: 33 www.crf-usa.org Miller, Wiley, (Washington Post Writers Group C) 1998. Reprinted with permission): 58

ISBN: 1-886253-08-0

4 4 THE CHALLENGE OF INFORMATION Table of Contents

Introduction 4

CHAPTER 1: A FREE PRESS A Free Press 6 Limits on Freedom of the Press 9 Revolution in Libel Law: New York Times v. Sullivan and Its Aftermath 13

The People's Right to Know 15

Civil Conversation: Celebrities and Privacy 17 Press Freedom vs. Military Censorship 20 Information-Age Checklist: Policy (GRADE) 22

CHAPTER 2: A RESPONSIBLE PRESS Inquisition in Atlanta 24 Information-Age Checklist: Sources (SMART) 27 Advertising and the Media 28

Tabloid' 31 Undercover: ABC Goes Lion Hunting 34 Negative Local NewsIf It Bleeds, It Leads 38 Who Watches the Media? Ethics, Rights, and Responsibilities 42 Civil Conversation: Are the Media Biased? 44 Civil Conversation: Civic JournalismMaking Connections or Losing Perspective? 46

CHAPTER 3: FREE PRESS/FAIR TRIAL The Media and High-Profile Court Cases 48 Information-Age Checklist: Research (FILTER) 52

Protecting News Sources 53 Civil Conversation: How Well Do the Media Portray Crime and the Criminal Justice System? 54

CHAPTER 4: THE MYTH MAKERS

Myths, Rumors, and Legends 56 Civil Conversation: Blurring the Lines Between Fact and Fiction 59 Conspiracy Theory 60 What's Going On Here? 63 Information-Age Checklist: Claims (FALSE) 64

CHAPTER 5: NEW FRONTIERS A Brave New World 68

Information-Age Checklist: Internet (SEARCH) 71 4 Index 72 INTRODUCTION

For over 200 years, the Constitution and the Bill of Rights have guided America. The Constitution defineda federal form of government that has servedus well. The Bill of Rights limited the powers of that government and endowed Americans with an unprecedented level of personal and political freedom.

Over the past two centuries,our constitutional republic has faced many challenges, such as war, internal dissension, and economic turmoil. As we enter a new millennium, America will face new challenges testing our unity, our principles, and our system of government.

It is the young people of today who willencounter those challenges. They will be tomorrow'svoters, community leaders, politicians, and citizens. They will be askedto make decisions about issues unknown tous today, and the quality of those decisions will determine whetherour constifutional system will endure. It is to these young people that this series is dedicated.

4 4 6 In this volume, The Challenge of Information,we consider the role of a free press in an age of media expansion and the need of citizensto critically evaluate the information they receive. Every passingyear, new technologies bring the promise of greater information exchange and raise new issues about media responsibility and their impacton civic life in the United States and the world.

*.4 1,,i, With these materials, we invite students to confront the

101- difficult challenges of our 'sr, ''.9717h i Pli 1 1,1 oittliptqfiv new media age.First, we Ot1.6VC!p, ; II:f'i7w ofl.r examine the unique constitutional protections afforded the press in our society and debates over restricting press freedom. Next, we consider what happens when a free press and the rights of the public to be informed come into conflict with the police powers of the stateor the due process rights of those accused of crime. Then, we invite students to step into the shoes of the working press and tackle the tough issues related to journalistic responsibilities and ethics. Next, students examine the media-driven world of rumors and extraordinary claims to develop skills in evaluating the information they receive. Finally, we explore new frontiers in media and the policy debates over the Internet.

4 -t) 5 A FREE PRESS A We live in the Information Age. Modern word wasn't easy, and powerful new move- communications technology is bringing ments grew, such as Protestantism, which information to us faster and in greater vol- challenged the authority of the Catholic ume than ever before. People can walk down Church. the street and talk on cellular phones with people thousands of miles away. Cable and In 1534 in England, King Henry VIII broke satellite television delivers the latest news from from the Catholic Church. He assumed lead- around the world. The Internet connects com- ership of the Church of England as well as of puters globally into one large information the state. To control the press, Henry relied 1 database. We live in a revolutionary age that is on two main methods. First, he set up an changing how we think and act. elaborate licensing system. Only licensed printers could publish, and anything they A little more than 500 years ago in Europe, printed had to be approved in advance. Sec- another information revolution took place. It ond, the courts punished critics under the law was caused by a of seditious libel. This law made it a crime to single invention print "scandalous and malicious writing" that the printing press. damaged the king's reputation. In effect, it This invention outlawed printing criticism of the govern- revolutionized the ment. distribution of information as Over the next century and a half, power shift- ed from the king to parliament. But the two much as modern technology has methods of controlling the press remained in place. In 1644, English poet John Milton revolutionized communication wrote a classic essay, Areopagitica, against the licensing system. Milton argued that it was in our own age. improper to restrain printers from publishing. Prior to the inven- But Milton did not see anything wrong with tion of the print- punishing printers after the fact for seditious ing press, books libel. were rare, newspapers did not exist, Milton's essay struck a chord with English and only a privi- sentiments. By 1695, the licensing system had ended. But seditious libel remained. And leged few knew many even believed that this was consistent how to read. The A printer in 15th printing press made books, especially the with a free press. According to Blackstone's century dress operates Commentaries on English common law first a replica of Johann Bible, available to common people. More and published in 1765: "The liberty of the_ press is Gutenberg's original more people learned to read. Soon the first indeed essential to... afree state; but this printing press. newspapers appeared. Ideas could now spread Gutenberg published easily among people. consists in laying no previous restraint; upon the first printed book, publications, and not in the freedom from a Bible, in 1472. This development alarmed authorities in censure for criminal matter when published." Europe because they feared people could be influenced by "wrong ideas." Monarchs tried The English colonies in America carried Eng- to control printing presses and harshly pun- lish law with them. The first American news- ished any criticism of their rule. The Roman papers were controlled and censored by colo- Catholic Church, the dominant church at the nial governors. But, as in England, this gradu- ally stopped. time, set up an Index of Forbidden Books and persecuted heretics, those who differed with Unlike England, prosecutions for seditious 6 church doctrine. But controlling the printed libel ended in 1735 after the trial of John Peter

42 Zenger. As publisher of the New York Weekly A- Journal, Zenger was tried for seditious libel T H following his paper's attacks on the royal governor of New York. According to law at the TRY AL OF time, it did not matter whether Zenger's words were true. If critical of royal authority, 7obn Peter Zenger, even true statements could be punished. In OF fact, the greater the truth, the greater was the .NEW-T R K, PRINTER,. Mu was leudy ny'd sod Acquitted for Petrel Yea nod libel. Zenger's lawyer, however, argued that Puousua no a LIBEL %do& dm Government. the attacks were true and that therefore With do Pasaansa sot Mangum os loth With Zenger should not be convicted of libel. The judge ruled the lawyer's arguments out of order. But the jury disregarded the judge and acquitted Zenger. This trial marked a major %Se Pththd far). Wupow. talithi dos & victory for freedom of the press in the Clauclaud. tnS. colonies. In 1765, the English Parliament enacted the Stamp Act. This was a tax on all documents, The Constitution was ratified, but several including newspapers, in the American states had conditioned their approval on a colonies. The English said they needed the tax bill of rights being added to it. This would to pay for troops protecting the colonies. But ensure that the new government would not the colonists protested this "taxation without abuse the people's newly won freedom, such representation." Colonial newspapers viewed as freedom of the press. the Stamp Act as an attempt to stifle the When the first Congress met in 1789, James increasingly combative colonial press. After Madison, now a Congressman from Virginia, the colonists boycotted English goods, Parlia- prepared a list of proposed amendments. ment repealed the Stamp Act in 1766. But Among them was one that guaranteed free- England continued to assert its control over dom of the press. Congress reworked Madi- the colonies, which the colonies resisted. A son's proposals and sent them on to the states string of crises ultimately led to the Revolu- for ratification. Ten amendments, known as tionary War. the Bill of Rights, were approved by the states During the Revolutionary War, Tom Paine's in 1791. The First Amendment declared: pamphlet Common Sense, which argued the Congress shall make no law respecting an case for the revolution, sold more than establishment of religion, or prohibiting 100,000 copies. Newspapers informed the free exercise thereof; or abridging the colonists of battles and issues of the day. freedom of speech, or of the press; or the Colonists came to see newspapers as an inte- right of the people peaceably to assemble, gral part of life. and to petition the Government for a Following the revolution, newspapers engaged redress of grievances. in intense political debates over the direction Thus the First Amendment enshrined in the of the new nation. The most important of Constitution religious liberty and all the vari- these early debates was whether the Constitu- ous freedoms known collectively as freedom tion should be adopted. The press carried the of expression. But the meaning of these free- arguments of the Federalists and Anti-Federal- doms was subject to interpretation. For exam- ists, those for and against adoption of the ple, did freedom of the press simply mean, as Constitution. Seventy-seven essays, written the English legal expert Blackstone believed, anonymously by Alexander Hamilton, James that the press should be free from prior Madison, and John Jay, argued the Federalist restraint? This would mean that newspapers position in New York newspapers. could print whatever they wanted, but could be punished after the fact under laws like the English law of seditious libel. Or did the First 4 9 pelS Amendment also tant rulings on free expression until early in protect the press the 20th century. The main reason was that from being pun- the First Amendment only applied to Con- ished after the gress and, except for the Alien and Sedition fact? Acts, Congress did little to suppress free expression. The first challenge to freedom of the During the First World War, however, Con- press arose just a gress passed several laws aimed at punishing few years after the those who made statements that interfered adoption of the with the war effort. In a series of cases Bill of Rights. In appealed by defendants convicted of writing 1798, with war articles against the war, the Supreme Court seeming likely upheld these laws as not violating the First between the Unit- Amendment. In Schenck v. US., a unanimous ed States and court ruled that the defendant's anti-draft France, Congress pamphlet constituted a "clear and present passed the Alien danger" to the security of the United States. and Sedition Acts. In Frowerk v. US., a unanimous court held The sedition law that the defendants' editorials against the was similar to the draft might "kindle a flame" of draft resis- The Bill of Rights English law of seditious libel. It required crim- tance. In Abrams v. U.S., the court upheld the guarantees freedom inal penalties for anyone who expressed any- conviction of defendants who distributed of speech and of the thing "false, scandalous, or malicious" against leaflets supporting the Russian Revolution, press. These the federal government. Twenty-five Ameri- which had taken place during the war. A freedoms protect cans were arrested, including several newspa- expression in all court majority ruled that the leaflets tended to per editors. But the highly controversial acts media. undermine the war effort. But the Abrams case expired in 1801, when Thomas Jefferson is known for the strong dissenting opinion of became president. Jefferson believed the acts justices Oliver Wendell Holmes and Louis violated the Constitution. Brandeis in support of free expression. The But the meaning of the Constitutionand dissent argued that free expression could only be curtailed if it presented an "imminent... freedom of the presswould be determined by danger of immediate evil," which the "silly the U.S. Supreme Court. This panel of justices, appointed for life, is the highest court leaflet" did not. Over the course of this century, the Supreme Court grew more protective in the land. The court decides cases appealed to it from lower courts. It interprets what the of free expression, and the dissenting view in Abrams became the majority view. Constitution and other federal laws mean. Its decisions can actually overturn laws if they In the 1925 case of Gnlow v. New York, the conflict with the Constitution. The court Supreme Court ruled that the First Amend- votes on each case and one justice is selected ment's guarantees of freedom of speech and to write the court's opinion, stating the rea- of the press applied to the states as wellas to sons for its decision. If some justices disagree the federal government. The court's decision with the opinion, they write dissenting opin- rested on its interpretation of the due process ions. The court rules on dozens of cases each clause of the 14th Amendment, adopted fol- year. The majority opinions in these cases set lowing the Civil War. This clause declared precedents, rules of law that lower courts that no state could "deprive any person of must follow. Over time, these precedents have life, liberty, or property, without due process grown into a body of constitutional law. of law.. .." The court ruled that freedom of expression was one of the liberties protected The court never ruled on the Alien and Sedi- by this amendment. tion Acts. During their short life, no one appealed a conviction to the court. In fact, Since then, the Supreme Court has developed 8 the Supreme Court did not make any impor- a large body of constitutional law on freedom

BEST COPY AVAILABLE 50 of the press. Although the law on freedom of the press is complex, many basic principles Limits on Freedom of have emerged. The court has ruled that the the Press First Amendment protects against almost all prior restraints on the press. It also protects The First Amendment to the U.S. Constitu- the press from being punished after the fact tion declares that "Congress shall make no for what it prints. The court has rejected law...abridging the freedom of speech, or Blackstone's belief that a press can be free if of the press...." Despite the absolutist lan- it is subject to punishment for what it prints. guage of the First Amendment and the high It has recognized that the threat of punish- value Americans place on freedom ofexpres- mentfrom imprisonment, fines, or even law- sion, the Supreme Court has never ruled that suitscan stifle freedom of the press. Even so, freedom of speech and the press are absolute. the court has never declared freedom of the The court has stated that it looks unfavorably press to be absolute. It has placed limits on on censorship, but it has refused to rule it out the press in certain specific areas, such as entirely. The areas that most often causecon- national security, obscenity, and libel. But the flicts with a court has emphasized that freedom of the free press are press is extremely important and cannot be national securi- limited in most cases. ty, obscenity, defamation, In its many decisions, the Supreme Court has and privacy. stated various reasons why freedom of expression is so important. A free press plays a NATIONAL watchdog role on government, exposing mis- SECURITY deeds, mistakes, and mishaps that officials would like to keep quiet. It also ensures that In our history, citizens have access to all points of view and there have been can make informed political decisions. By let- various ting every idea be examined and questioned, attempts to freedom of expression doesn't just help the limit freedom democratic process; it helps scientists, inven- of the press on tors, and ordinary people find the truth. Fur- grounds of All forms of ther, freedom of speech and the press serves national security. These attempts have usually occurred when war threatens or when agents peaceful protest are as a "safety value," allowing people to vent safeguarded by the of some foreign power seem intent on over- their anger and frustration with government First Amendment. and lessening the likelihood that they will throwing our republic. The limits are often Here, former foment revolution or commit terrorist acts. on those inciting violent revolution or some- soldiers lead a Finally, freedom of expression helps people how interfering with the war effort. Propo- march against U.S. develop as individuals by allowing them to nents argue that these limits are a small price involvement in Vietnam. examine and express different thoughts and to pay for ensuring the safety of our republic. opinions. For all these reasons, the court has Opponents often argue that the limits are recognized that freedom of expression is one unnecessary and unduly abridge our freedom. of the most basic rights of a free people. In 1798 Congress enacted the Alien and Sedi- tion Acts, which required criminal penalties POINTS OF INQUIRY for anyone who expressed anything "false, scandalous, or malicious" against the federal 1. What are the two basic methods used government. But these laws were never chal- by Henry VIII to of control the press? lenged before the Supreme Court. 2.What is freedom of the press? During World War I, Congress passed laws 3. Do you think freedom of expression is against distributing material that would inter- important? Explain. fere with our war effort. Charles Schenck,general secretary of the American Socialist Party, 9 was convicted for sending leaflets to draft-age In 1873, Congress passed the first federal men urging them not to "submit to intimida- obscenity law. Using its power to regulate the tion" but to "petition for repeal" of the draft post office, it banned the mailing of "every law. Schenck argued that the First Amend- obscene, lewd, lascivious, indecent, filthy or ment gave him a right to send the leaflets. A vile article, matter, thing, device, or sub- unanimous Supreme Court disagreed. Accord- stance." For years, however, obscenity regula- ing to the court, the test was "whether the tion rested almost exclusively with local cen- words... areused in such circumstances as sorship review boards, which individual com- to create a clear and present danger" to national munities set up. These boards could ban any security. It said that the government was justi- objectionable book, magazine, or film. Police fied in arresting Schenck because, "When a could confiscate banned material and arrest nation is at war, many things that might be the seller. Before World War II, almost any said in time of peace are such a hindrance to work describing a sexual act might be banned. its effort that their utterance will not be Many places tried to ban books that are today endured...." available at any bookstorebooks such as James Joyce's Ulysses, D.H. Lawrence's Lady In 1939, with World Chatterly's Lover, and the novels of Henry ,,1 War II looming, Con- Miller. gress passed the Smith Act, which It wasn't until 1957 that the Supreme Court made it a crime to ruled that government could ban obscenity. advocate overthrow- Then it embarked on the difficult task of ing the government defining it. Finally, by a 5-4 vote in the 1973 by violence. This act case of Miller v. California, the court devel- was used to prosecute oped a three-part definition of obscenity. To eatatitrooralts woocfcree members of the Com- be obscene, the court said, a work must meet munist Party in the all three of the following tests: Revolution 1950s when America lathe 1. "Taken as a whole," it must appeal to "a engaged in the Cold prurient interest insex,"which the court War with the Soviet Hopeless had earlier defined as "having a tendency Union. In 1957, how- to excite lustful thoughts." ever, the Supreme to, 41:1161",:: Court reversed the 2.It must "portray sexual conduct in a convictions of 14 patently offensive way." This limits party members in obscenity to hard-core pornography. A reader browses Yates v. US. The court said that, to meet the 3. "Taken as a whole," it must lack "serious through a clear-and-present-danger test, the government literary, artistic, political, or scientific communist had to prove that the defendants advocated value." bookstore in direct illegal action. This decision, in effect, Washington, D.C. ended prosecutions under the Smith Act. With one exception, this means that govern- The writings of all ment cannot ban offensive material unless it's political thinkers are OBSCENITY protected by the First obscene. The exception is broadcasting, which Amendment. Another area that government has long is overseen by the Federal Communications attempted to suppress is obscenity and Commission (FCC). The FCC has regulations pornography. People have argued that graphic against "indecent material," particularly dur- sexual material does not deserve constitution- ing hours when children may be listening. al protection. They believe it pollutes our These regulations became the subject of a society, corrupting children, distorting atti- comedy routine by George Carlin titled tudes and values, and causing an increase in "Filthy Words." It contained seven words that, rape and sexual violence. Others disagree. according to Carlin, were not allowed on the They argue that adults should be free to read air. When a radio station one afternoon or view whatever they want as long as it played Carlin's album, the FCC reprimanded 1 0 harms no one else. the station following a listener's complaint. 5 2 The station appealed to the Supreme Court. Based on Supreme Court standards, it was clear that Carlin's routine was not obscene. The station argued that the First Amendment protected airing it. In 1978, in a 5-4 decision in FCC v. Pacifica Foundation, the Supreme Court disagreed. It upheld the right of the FCC to regulate "indecent material" broadcast on the publicly owned airwaves. The court majority pointed out that broadcasting was different from other media because children had ready access to it and it intruded into people's homes the moment a radio or television set was turned on. In the Communications Decency Act of 1996, Congress attempted to outlaw indecency in a new mediathe Internet. But in 1997 in Reno v. American Civil Liberties Union, the Supreme Court ruled 7-2 that Congress could only defamation suits could inhibit criticism of An adult theater in outlaw obscenity (as defined by Miller) on the public officials. Times Square, Internet. The court saw the Internet as differ- New York City. ent from broadcast media. In subsequent cases, the court extended the Freedom of actual-malice requirement to suits by public expression often DEFAMATION figures as well as by public officials. It also comes into conflict required that private citizens who sue the with obscenity laws. Courts have long recognized that the First press must at least prove negligence. Amendment should not protect someone from spreading lies. If a newspaper, for exam- PRIVACY ple, falsely reports that you are a convicted murderer, you could sue the newspaper for Another conflict with freedom of the press defamation. comes in the area of privacy. This is a relative- ly new area of the law. Most states have adopt- Defamation is injuring someone's reputation ed four different types of lawsuits for inva- with a false statement. If the statement is spo- sion of privacy: intrusion, private facts, false ken, the defamation is called slander. If it is light, and appropriation of likeness. written or in the mass media, it is called libel. To win a traditional libel suit against an indi- Of the four, the oldest is appropriation of vidual, you have to show that a false state- likeness. Most states have long permitted peo- ment damaging your reputation was pub- ple to sue when someone without permission lished by the defendant. You don't have to uses their name or picture to advertise a prod- prove that the defendant knew it was false, uct. In a typical lawsuit, a celebrity might sue a company using the celebrity's photograph should have known it was false, or was careless in any way. That doesn't matter. in an advertisement without getting consent.

In 1964 in New York Times v. Sullivan, the Intrusion focuses on how the press gathers Supreme Court ruled that the First Amend- information. If journalists wiretap phones or ment required changes in traditional defama- lie to gain entrance to someone's house, they can be sued. Suits are limited to highly offen- tion law when public officials, such as elected officials or important government employees, sive intrusions done without the person's con- sue for defamation. Public officials must sent. Journalists cannot usually be sued if prove "actual malice," that is, that the defen- they remain in public places. For example, a dant either knew the statements were false or photographer who takes pictures from a pub- had a reckless disregard of the truth. Without lic sidewalk cannot normally be sued. this rule, the court believed, the threat of 1 1 Private facts involves the dis- ment rights had been violated. The students' closure of true, but private lawyers argued that the paper was "a forum information. Because a free for public expression" and a way for students press could not survive if con- to express their ideas and opinions. They stantly threatened with law- referred to school district policy promising suits over truthful informa- "free expression" and "diverse viewpoints" in tion, these types of suits are student publications. severely restricted. The disclo- sure must be highly offensive, The school district's lawyers pointed out that not a matter of public record, the paper was part of a journalism class, and not at all newsworthy. For designed to carry out the school's curriculum. example, in 1975 in Cox Broad- As such, they argued, the principal had the casting v. Cohn, the Supreme authority to decide what was appropriate. Court overturned a judgment In a 5-3 decision, the court held that the against a news agency for principal did not violate the students' First Principal Robert revealing thename of a rape victim. Georgia Amendment rights. Writing for the majority, Reynolds of state law prohibited publishing these names. Justice Byron R. White drew a distinction Hazelwood East High But the court ruled that the media could not School, Missouri. His between two forms of student expressionon a censorship of the be prohibited from reporting what was a mat- public school campus. School authorities may school newspaper led ter of public record. not stop the "personal expression" of students to an important False light is publicity that distorts a person's unless it disrupts the school or violates the Supreme Court rights of others. The school may, however, decision. character. Like defamation, it is false, but it doesn't necessarily damage a person's reputa- control student expression occurring within tion. For example, a famous baseball pitcher such school-sponsored activities as assemblies, once sued and won when a forthcoming book drama productions, and publications that are falsely portrayed him as a war hero. part of the curriculum. He found that the purpose of this school's newspaper was to SCHOOL NEWSPAPERS teach students about journalism and writing. It was therefore part of the school curriculum Public-school newspapers present special prob- and could be censored by the principal. But lems. Are these papers forums for student justice White said any censorship must be opinions and protected by the First Amend- related to legitimate educational concerns. ment? Or can principals censor them? The Supreme Court dealt with these questions in 1988 in Hazelwood v. Kzthlmeier. In this case, a POINTS OF INQUIRY high school principal removed from the school newspaper two pages containing arti- 1. The article mentions four areasnation- cles that he objected to. One involved three al security, obscenity, defamation, and pregnant students who discussed their sexual privacythat often cause conflicts with experiences and birth control. The principal freedom of the press. What are the con- believed the students could be identifiedeven flicts in each of these areas? - though the article didn't use their real names. 2. He also thought the subject matter was inap- Do you think the press should be.iimit- ed in these areas? Explain. propriate for younger students. A second article included a student's reaction to her par- 3. Do you agree with the court's decision ents' divorce. She complained that her father in Haz.elwood v. Kuhlmeier? Why or why spent too little time with the family. The prin- not? What do you think the rule cipal felt the newspaper staff had failed to fol- should be for student-run newspapers at low proper journalism standards by not giv- public colleges? Explain. ing the father a chance to respond. Members of the newspaper staff sued the 12 school district, claiming their First Amend-

F71 4. Revolution in Libel A unanimous U.S. Supreme Court overturned the jury's verdict. The opinion of the court Law: New York Times written by Justice William Brennan seta new v. Sullivan and Its constitutional standard for public officials suing the press for libel. Fromnow on, they Aftermath must prove "that the statement was made with 'actual malice'that is, with knowledge that it he roots of libel law extend to 13th cen- was false or with reckless disregard of whether Ttury England. If someone damaged anoth- it was false or not." Brennan reasoned that if er's reputation by printing falsehoods, that critics of officials could not make honest mis- person could be sued for libel. In some cases, takes, then free debate would suffer. He cited the person could even be convicted for the James Madison, the author of the First crime of libel. This was part of the law that Amendment, who said that "erroneous state- English colonists carried to the New World. ment is inevitable in free debate, and...it In traditional libel law, the person suing only must be protected if the freedoms of expres- had to prove three things: (1) The defendant sion are to have the 'breathing space' that had published a statement; (2) the statement they need... tosurvive." This rule provided damaged the person's reputation; and (3) the the "breathing space" for free expression, statement was false. The person did not have which the First Amendment guaranteed. to prove that the defendant intentionally lied, was careless, or was somehow at fault. That didn't matter. Libel was what is knownas a "strict liability" action. This had been the law for hundreds of years. In 1964 in the landmark case of New York Times v. Sullivan, the U.S. Supreme Court overturned much of traditional libel law. This case arose during the civil rights movement in the South. The New York Times printed a full- page advertisement calling for donations to help peaceful protesters at Alabama State Col- lege in Montgomery. The ad charged that authorities were causing a "wave of terror." It supported this statement by claiming that, among other things, police had ringed the college campus, padlocked the dining hall, helped bomb Martin Luther King's home, and arrested King seven times. As with any dramatic change in the law, The U.S. Supreme These claims weren't true. The police, though much remained to be clarified. For example, Court building in out in great numbers, did not ring the cam- who qualified as "public officials"? In a later Washington', D.C. pus. Nor did they padlock the dining hall. case, the Supreme Court defined public offi- The court interprets King's house was bombed, but not by the the meaning of the cials as "government employees who have,or U.S. Constitution. police. King was arrested four times, not appear to the public to have, substantial seven. responsibility for or control over the conduct L.B. Sullivan, the police commissioner of of government affairs." Lower courts have interpreted this to include elected officials, Montgomery, sued for libel. Although the ad did not mention him, he said it ruined his judges, prosecutors, public defenders, police reputation. An Alabama jury agreed and officers, county clerks, school board members, principals, and high-ranking military awarded him $500,000. The Alabama Supreme Court upheld the award. officers, among others. 13 Ur-7 In 1967 in Curtis Publishing Co. v. These charges were false. Gertz had not- played Butts, the court extended the any role in prosecuting the police officer. He actual malice requirement to had represented the murder victim's family in "public figures," people who a civil suit against the officer. Gertz had no actively engage in important police record, and he was never a member of public issues. The court rea- the Marxist league. Nor was there any basis soned that these people have for calling him a "Leninist" or "Communist- pursued a public life, and they fronter." have access to the media to refute false charges. In later deci- Gertz sued for libel and a jury awarded him sions, the court identified the $50,000. But the trial judge overturned the two main types of public award, stating Gertz had failed to prove actual figures: (1) celebrities who are malice. The judge said this was necessary,even known almost everywhere and though Gertz was not a public figure, because (2) people who have "voluntarily the case involved an issue of publicconcern. 1C..1 injected themselves into a public The Supreme Court by a 5-4 vote reversed the controversy in order to influence trial judge's decision. It stated a private citizen the resolution of the issues did not have to prove actual malice. Unlikea Jerry Falwell, a well- involved." The court has mentioned a rare known fundamentalist public figure or official, a private citizen has third typethe involuntary public figure. For preacher, suedHustler neither chosen a public life nor access to the magazine for running example, a criminal defendant at trial or an media to rebut false charges. Further, the a highly offensive air traffic controller on duty when a plane court found no basis for calling Gertz a pub- parody of him. crashes may be considered public figures. But lic figure. In his lawsuit, he had never dis- the court has emphasized this third type is cussed the case with the press and was never extremely narrow. For purposes of libel law, quoted in the media. major corporations are usually considered public figures. Then the court in Gertz added a new wrinkle to libel law: It announced that even a private In a 1971 decision, several justices argued that citizen in a libel action must prove some malice should be required in all cases involv- wrongdoing on the part of the media. The ing matters of public concern, even if the per- court left it up to each state to decide the son suing was not a public official or figure. amount of wrongdoing. It could be negligence The justices contended that this would ensure or even actual malicejust so long as the state "robust debate on public issues, which is did not "impose liability without fault." The embodied in the First Amendment ...." court had taken away the strict liability of traditional libel law. But in 1974 in Gertz v. Robert Welch, Inc., the court backed away from requiring someone In another case, the Supreme Court made it not a public figure or official to prove malice clear that public figures could not circumvent in libel actions. The case involved an article the malice requirement. Hustler, an adult mag- published in American Opinion, a magazine of azine, ran a series of parodies in the 1980s. the John Birch Society, a right-wing anti-com- One told of the supposed first sexual-experi- munist group. The article claimed that attor- ence of the Reverend Jerry Falwell, a famous ney Elmer Gertz was part of a conspiracy to fundamentalist minister. Angered by this discredit local police and create a national obviously false depiction, Falwell sued Hustler police force, which would help establish a magazine for libel, invasion of privacy, and communist dictatorship in America. Specifi- intentional infliction of emotional distress. cally, the article charged Gertz with framing a The judge threw out the invasion of privacy police officer who was convicted of murder. claim. The jury found against Falwell on the The article said Gertz had a police file so libel claim because the parody was clearly not large that it took "a big Irish cop to lift." It meant to be taken as the truth. But the jury charged he had been an official of the Marx- awarded Falwell $200,000 for intentional ist League for Industrial Democracy and was infliction of emotional distress. In 1988 in 14 a "Leninist" and "Communist-fronter." 56 Hustler Magazine v. Falwell, a unanimous Supreme Court overturned the jury's verdict The People's Right to saying that a public figure could not recover Know for intentional infliction of emotional distress "without showing in addition that the Tn March 1975, a prisoner committed suicide publication contains a false statement of fact at the Alameda County Jail in the San Fran- which was made with 'actual malice." The cisco Bay area. The Greystone section of the court went on to say: "Were we to hold jail, where the suicide took place, had a terri- otherwise, there can be little doubt that ble reputation. Three years before, a federal political cartoonists and satirists would be judge had found its conditions "shocking and subjected to damages awards without any debasing." In local television station KQED's showing that their work falsely defamed its report on the suicide, a psychiatrist assigned subject." The court ruled that the parody of to the jail deplored its conditions. KQED, Falwell, like most parodies, did not contain which had taken its cameras without incident factual statements that any reasonable person into other corrections facilities, requested per- would take seriously. mission to visit and film Greystone. The sheriff refused, saying his policy was to deny POINTS OF INQUIRY access to all news media. Jail rules further cut off access to prisoners, requiring officials to 1. What is the purpose of libel suits? inspect all outgoing mail (except to attorneys) How might they stifle free debate? and forbidding any mention of actions by 2.What did the Supreme Court decide in corrections officers. New York Times v. Sullivan? Do you KQED filed a lawsuit in federal court. It agree with this decision? Why or why sought a court order permitting it to enter not? and film Greystone. It alleged that the sheriff had provided "no means by which the public 3.What are "public officials" and "public figures"? may be informed of the conditions prevailing in Greystone or by which prisoners' grievances may reach the public." It claimed that the public had a right to know what was going on in Greystone and that the sheriff's policy of denying access violated the First Amendment. Does the First Amendment grant a right to know? If so, how far does that right extend? The First Amendment says, "Congress shall

make no law....abridging the freedom of

speech, or of the press...." The words "right to know" are not mentioned in the First Amendment or anywhere else in the Constitu- tion. But James Madison, the author of the First Amendment, recognized that a government of the people (what he called "popular government") needed information to reach the people ("popular information"). Without information, people couldn't make informed decisions. In Madison's words, "A popular Government, without popular information, or the means of acquiring it, is but a Prologue to BEST CoryAMICABLE a Farce or a Tragedy; or, perhaps both." 15 In its many rulings The court recognized that The Saturday _Press interpreting the made wild accusations. But it said that any- 41 First Amendment, one falsely accused by the newspaper could the U.S. Supreme file a lawsuit for libel. The court stated that Court has recog- prior restraint was inappropriate in thiscase, nized that a democ- but it did not rule it out in all cases. It said, ratic society needs a for example, that in wartime, no "one would free flow of infor- question but that a government might pre- mation. In a series vent ... the publication of the sailing dates 111V jer.tao, of cases, the court of transports or the number and location of has interpreted the troops." .Tor First Amendment to bar censorship THE PENTAGON PAPERS except in extreme In 1971 during the Vietnam War, another situations. prior restraint case arose. The New York Times NEAR V. had received top-secret government docu- MINNESOTA ments about the Vietnam War and started publishing excerpts. The documents, known In 1931, the Supreme as the "Pentagon Papers," a 7,000-page history Court decided a of America's involvement in Vietnamup to Newspapers have landmark censorship caseNear v. Minnesota. traditionally played 1968, had been written by members of the Minnesota officials had shut down The Satur- an important role in Defense Department. One of the authors, informing the day Press, a weekly newspaper. Produced dur- Daniel Ellsberg, had grown disillusioned with public. ing Prohibition, when federal law outlawed the war and turned the documents over to the the distribution and sale of liquor, the paper Mmes. routinely attacked official corruption. It often made wild accusations about officials taking The government immediately went to court to bribes to let liquor flow into the county, and stop publication. A federal judge in New York it regularly included anti-Semitic diatribes issued a temporary order for the Times to stop about gangsters and officials. The newspaper publishing the excerpts. Meanwhile, the Wash- upset many people. Some accused it of taking ington Post received copies of the Pentagon bribesin the form of advertising moneyto Papers and started publishing passages. A trial keep people's names out of the paper. After and an appeals court in Washington refused nine issues, the authorities went to court to to issue an order stopping the Post. With such shut the paper down under a public nuisance critical First Amendment and national securi- law. This is a law allowing citizens to file law- ty issues at stake, the case reached and was suits to stop activities that are harmful or decided by the Supreme Court in two weeks. unsafe for the public as a whole. The court This process would normally take more thana ordered the newspaper not to publish any year. more "malicious, scandalous and defamatory In a 6-3 decision in New York Times Co. v. articles." U.S., the court ruled that the governnient had On appeal, the Supreme Court held unconsti- not met the "heavy burden of showing justifi- tutional the public nuisance law as applied in cation" for censorship. Two justices felt thata this case because it allowed a prior restraint prior restraint of the press should never be on the press. The court declared that one of allowed. Four others took the position that the main purposes of the First Amendment's prior restraint should be used only when pub- freedom of the press was to prevent "previous lishing the information would immediately and restraints or censorship." It emphasized the clearly harm the security of the nation, which importance of newspapers exposing official they did not believe would happen in this wrongdoing, especially in the 20th century case. The three dissenters feared that publish- when government has grown more complex ing the Pentagon Papers could harm Ameri- 16 and more difficult for citizens to monitor. can soldiers fighting in Vietnam as well as 53 CIVIL CONVERSATION

CELEBRITIES AND PRIVACY A n entire industry of celebrity journalism has developed. Devoted to satisfying the public's ri_interest in celebrities, these magazines, newspapers, and televisionprograms go well beyond providing basic fan information. They trade in candid photos and intimate stories about romances, failing marriages, and drug abuse. Stars often complain about photographers hounding them and about seeing their intimate secrets published in the media. Do celebrities have a right to privacy? According to freelance celebrity photographer Russell Turiak, "There's a separate law of privacy for celebrities and private people. When you're a celebrity, you sign away your right to privacy." Is he right? People can sue if the media reveal highly offensive secrets about them. But there'san exception if the secret is newsworthy. Because the First Amendment provides for freedom of thepress, the media cannot be prevented from revealing newsworthy items. The question is: Is everything about a celebrity newsworthy? People can also sue if someone intrudes into their private space in a highly offensive manner. This could apply to photographers taking pictures of celebrities. But the celebrities must be where they have a "reasonable expectation of privacy." This would exclude most public places. It may even exclude cases of photographers on public property taking pictures of celebrities on private property. Turiak thinks it does: "When they say, oh, they shot right in the window of my house, well, why didn't you pull your shades down?" Many celebrities call for new laws: Against photographers with high-powered lenses taking pictures of private property without permission. Against photographers waiting in residential neighborhoods. Against the media revealing shockingly personal stories. Senators Orrin Hatch (R-Utah) and Dianne Feinstein (D-California) have proposed a federal law against celebrity photographers who "persistently follow or chase" a subject. Some experts say existing laws can handle the most serious intrusions. According to ABC Legal Editor Arthur Miller, "In many, many instances, these photographers are engaged in other forms of illegal activity. They're trespassing, they're assaulting, they're battering, they're harass-

ing, they're stalking. And I think... morecelebrities...[should have] the gumption to bring

lawsuits based on these other theories...." Peter Hitchens of the London Daily Express warns against taking additional action to protect the privacy of celebrities:

[Y]ou may have to put up with the supermarket tabloids telling some pretty.. .peculiar and unwelcome...stories. But you also have the complete freedom of the New York Times, the Los Angeles Times, and the Washington Post to investigate wrongdoing up to the highest level....[T]hese things are indivisible, and if you start restricting the freedom of people to report and take photographs, you start walking down a very, very dangerous road." But Cass R. Sunstein, a University of Chicago Law School professor, thinks placing some curbs on celebrity journalism would help our democracy: A democracy is badly served when the media focus so intensely on the personal joys and tragedies of famous people. This kind of "news" crowds out more serious issues, and there is an important difference between the public interest and what interests the public.

59 The government argued that the source of the information didn't matter. The secretary of state warned that publishing the article would "substantially increase the risk that thermonu- clear weapons would become available at an earlier date to those who do not have them now." Specifically, the government charged that the article would disclose the most effective way to trigger an H-bomb. The Progressive responded that scientists all over the world knew about the trigger, as the author had studied information readily available.

The federal trial court ordered The Progressive not to print the article. The judge stated that he believed "publication of the Restricted Data in the...article will result in direct, immediate and irreparable damage to the United States...." The Progressive appealed The federal prolong the war by making negotiations with the order, but before the appeals court could government has the enemy more difficult. closely guarded the hear the case, the government dropped it. secret of the THE H-BOMB CASE Another publication had printed an article hydrogen bomb. with much the same information. The Progres- A few years later in 1979, the government sive ran its article, and the courts never decid- again went to court to censor a publication. ed whether prior restraint was constitutional The Progressive, a small-circulation magazine, in this case. was going to publish a story on how to make a hydrogen bomb, the most powerful weapon ACCESS TO GOVERNMENT of mass destruction known to humans. Under In the censorship cases discussed above, the the Atomic Energy Act, the federal govern- government tried to stop publishers from ment had for years classified as "restricted printing information that they already had. data" any information, regardless of source, The publishers argued that the First Amend- about the design, manufacture, or use of ment gave them the right to print it. These atomic weapons. This law allowed the govern- cases are different from the jail case described ment to keep secret almost anything related to at the beginning of this article. In that case, the making of atomic weapons. With about television station KQED did not already have 20 nations on the verge of developing nuclear information. It wanted the sheriff to let it weapons, the government had a strong inter- visit the jail and film. It argued that the First est in seeing that seCret information did not Amendment gave the public a right to know fall into foreign hands. the conditions in the prison. The Progressive article had begun as part of a In 1978, the U.S. Supreme Court decided this series informing readers about nuclear caseHouchins v. KQED. With two methbers weapons so they could better understand such not participating, the court decided 4-3 public issues as the nuclear arms race and against KQED. The court stated that the First underground testing. When the author started Amendment does not give "a right to have researching, he ran into a wall of official access to particular government information." secrecy. So he attempted to find what he It recognized that "conditions in jails and could without government help. He spent prisons are clearly matters 'of great public months reading physics books and magazine importance." But, it said, "the media are 'ill- articles in libraries and museums. He inter- equipped' to deal with problems of prison viewed scientists and weapons experts. All the administration." The court emphasized that information for the article came from sources investigative arms of government like grand 18 open toeverycitizen. 60 juries and legislative committees could exam- because this right would encroach on the ine these problems better. It added that the other branches of government. They say the media had a right to gather information and court will leave access to these branches up to could pursue the story by interviewing former Congress and state legislatures. inmates, jail visitors, jail personnel, and government inspectors. Indeed, Congress and state legislatures have enacted many It concluded that the media have "an laws granting undoubted right to gather news 'from any access to infor- source by means within the law,' ... but that mation. The affords no basis for the claim that the First Freedom of Amendment compels othersprivate persons Information Act or governmentsto supply information." The (1966) opens to three dissenters stressed the importance of the the public public knowing how officials were treating much federal prisoners. They argued that an "official paperwork. prison policy of concealing such knowledge Most states have from the public by arbitrarily cutting off the passed similar flow of information at its source abridges the open records" freedom of speech and of the press ...." laws. The federal government and Two years later, the Supreme Court reached a all 50 states surprisingly different conclusion in Richmond Attorneys for the have enacted "open meeting" laws requiring Newspapers v. Virginia. In this case, a trial New York Times that most meetings by commissions and other judge, acting on a request by the defendant leave the Supreme agencies be open to the public. Some states and without objection from the prosecution, Court after have enacted laws granting the media and had ordered the courtroom closed to the pub- presenting public access to prisons. arguments in the lic. Newspapers appealed this order. With one Pentagon Papers justice not taking part, the Supreme Court case. ruled 7-1 that the First Amendment gives the POINTS OF INQUIRY press and public a right to attend criminal tri- 1. Why do you think the Supreme Court als. The court held this right was not has interpreted the First Amendment to absolute, but could only be restricted in spe- ban censorship under most circum- cial circumstances. The court stressed that stances? In what circumstances, if any, courts, unlike prisons, were traditionally open do you think censorship should be to the public and that open trials helped allowed? maintain public confidence in the justice system. 2.What did the court decide in Houchins v. KQED? Do you agree? Why? Justice John Paul Stevens, who had dissented in Houchins, hailed this decision: "This is a 3. In your opinion, does the Constitution watershed case. Until today the court has give the people a "right to know"? accorded virtually absolute protection to the Explain. dissemination of ideas, but never before has it squarely held that the acquisition of newsworthy matter is entitled to any protection whatsoever." Stevens clearly hoped the court would expand on the right to acquire information. But thus far, except in cases dealing with courtrooms, it has not. Some commentators believe that the court will be reluctant to grant a right to access information outside the court system, 19 le) I Press Freedom vs. This pattern of press and military coopera- Military Censorship tion continued through World War II. But starting with the Korean War and then Pnroughout the Persian Gulf War of 1991, Vietnam, the press took an increasingly inde- raqi President Saddam Hussein permitted pendent and critical view of the military. In only one foreign journalist to remain in Bagh- Vietnam, more than 2,000 accredited reporters dadCNN's veteran war correspondent Peter roamed freely throughout battle zones inter- Arnett. Arnett had to obey Iraqi press-censor- viewing ordinary soldiers rather than relying ship rules. "From the beginning," Arnett later on the often rosy picture of the war presented revealed, "I accepted the constraints that the by the Pentagon. There were few incidents of Iraqis laid down. They said, 'Anything you news stories endangering U.S. troops or military operations. But negative press accounts do, you put on paper. We go over it, andwe alter it. We change it if we wish to, and that's fueled anti-war feelings back home. what you're going to use.'" Once the war When the war in Southeast Asia finally ended, began, the Iraqi government selected Arnett's many in the military blamed the press for reporting locations and monitored his inter- "losing Vietnam." Some Pentagon officials views. As a result, many of Arnett's stories resolved to restrict press coverage of future dwelled on bombing damage to civilian areas American wars. In 1983, the Pentagon barred and the suffering of the Iraqi people. all journalists from the initial invasion of Grenada. Then in 1989, the Pentagon selected a dozen reporters to cover the invasion of Panama and restricted them to an airport in Panama until nearly all fighting ended.

PRESS POOLS When U.S. military units went to Saudi Ara- bia in the fall of 1990, about 1,000 journalists eventually joined them. The Pentagon set ground rules for the press. It authorized about a dozen "pools," of up to 18 reporters each, to visit U.S. military units in the field. News organizations selected reporters for each pool and military escorts accompanied them into the field. Pool reporters distributed their dispatches to their news organizations and to all other non-pool reporters who were required to Correspondent Peter remain in Dhahran, Saudi Arabia, near the Arnett has covered Many Americans, including members of Con- many wars. Here, he gress and even fellow journalists, severely criti- Kuwait border, or in Riyadh, the capital of marches with troops cized Arnett for reporting material provided Saudi Arabia. in Vietnam. or censored by Iraq. But at the same time, The Pentagon accredited all American journal- hundreds of American reporters sent to Saudi ists and required them to observe the follow- Arabia had to deal with attempts by the U.S. ing battlefield press rules: military to control information. 1. No reporters could visit any U.S. military PRESS VS. MILITARY unit or travel outside of Dhahran or During the short, successful Spanish-Ameri- Riyadh except in a press pool. can War of 1898, reporters, if anything, led 2.No pool was permitted in the field with- cheers for the military. Throughout World out an escort, usually a U.S. military pub- War I, journalists considered themselves part lic-affairs officer (PAO). 20 of the war effort, not independent observers. 3. No interviews of U.S. military personnel were permitted without an escort present.

4.All pool dispatches must first pass through the "military security review system." (PAOs at each pool location reviewed all dispatches and could delete or change any "military sensitive information." Reporters could appeal any censorship to the military pool coordinating office in Dhahran and then to the Penta- gon.)

5. Violations of the above rules could result in arrest, detention, revocation of press credentials, and expulsion from the combat zone. Court has refused to allow the press access to The Pentagon explained that these rules pro- prisons, but has granted the press a right to tected American troops, military operations, cover trials. The right of access to a war zone and the journalists themselves. One high has never been decided by the court. Navy official, Rear Admiral John Bitoff, The news organizations also contended that remarked: "There is a clear and present danger the Pentagon's press-reporting rules constitut- in today's instant-communications age, which ed an illegal "prior restraint" and therefore may put our troops at risk. Our enemies are should be eliminated. Prior restraint occurs watching CNN-TV" when the government censors material before Most news organizations and journalists com- its publication or broadcast. Except in rare plied with the Pentagon's pool-and-review sys- cases, the First Amendment prohibits prior tem. But the Pentagon heard many com- restraint. One exception recognizes the neces- plaintsnot about outright censorship, but sity of imposing government censorship when about the military's strict control of the press. a "clear and present danger" threatens the Reporters protested that escorts intimidated country. In 1931 in the case of Near v. Min- soldiers being interviewed, sometimes even nesota, the U.S. Supreme Court cited an exam- speaking for them. The media objected when ple of permissible military censorship: "No the military kept pool reporters from visiting one would question but that a government scenes where Americans had been killed. might prevent... the publication of the sailing dates of transports or the location of The press complained most often about delays troops." Before the lawsuit against Gulf War in getting dispatches from the field through press restrictions could come before a judge, the military-review system. Many pool however, Desert Storm had ended. reporters writing late-breaking stories found their stories hopelessly out-of-date by the time During the war, a few reporters, called "uni- they finally reached the United States. In laterals," broke away from the military's press some instances, stories were lost by the mili- pools and struck out on their own. Using cel- tary-communications network. lular phones, they filed uncensored reports. These reports were not necessarily more criti- Soon after the Pentagon's pool-and-review sys- cal of the military than pool reports. But they tem went into operation, some news organiza- often seemed more realistic, because indepen- tions filed a lawsuit charging the military with dent journalists usually reached battle scenes violating the First Amendment guarantee of before pool reporters. Sometimes unilaterals freedom of the press. They argued that a free were arrested, detained, and sent back to press should have access to a war zone, Dhahran by military authorities. But many because the people have a right to know what managed to elude discovery, often with the is happening. In previous cases, the Supreme help of American soldiers and officers. 21 (33 Information-Age Checklist: Policy GRADE

As citizens in a democracy, you'll be confronted with policy questions relatingto information. Should the Internet be taxed? Whatpress policy should the military use in wartime? Should you vote for a particular ballot initiative? Government policiescan profoundly affect our nation and your life. Ina democracy, you have a say on government policies and proposed policies. It's important that you takea critical look at them. Use the following GRADE tests to evaluatea policy:

oal. What is the policy and what is its goal? Ifyou don't know what it's supposed Gto do, you can't measure its success or failure. Policiesare designed to address problems. What problem or problems is this policy supposedto address?

ivals. Who supports the policy? Who opposes it? Knowing the rivalscan help you Runderstand who the policy might affect and whether the policy favorsspecial interests. Also, rivals are terrific sources for information. Besure to check their facts, though.

dvantages. What are the policy's benefits? What is good about the policy? Will Ait achieve (or has it achieved) its goal? Will it achieve the goal efficiently?Is it inex- pensive? Does it protect people from harm? Does itensure people's liberties?

isadvantages. What are the policy's costs? What is bad about the policy?Is it Dinefficient? Is it expensive? Does it cause harm? Does it intrudeon people's liberties? Are there any potential consequences thatmay cause damage? valuate the alternatives. One alternative is to do nothing. Most serious prob- Elems have various policy proposals. Evaluate them. Look at their goals, advantages, and disadvantages.

Once you GRADE the competing policies, weigh their advantages and disadvantages and decide which you favor.

When the ground war started, Secretary of rules. "They created a system of enormous Defense Richard Cheney ordered a blackout control," wrote Clark Hoyt, Washington of battlefield news. "We cannot permit the bureau chief for Knight-Ridder Newspapers. Iraqi forces to know anything about what Others expressed fears that such a system we're doing," Cheney warned. But the black- would become the model for future American out failed to hold as hundreds of reporters in wars. Pentagon spokesman Pete Williams Dhahran broke for the desert. An ABC News responded that "the press gave the American team even took its own satellite dish to broad- people the best war coverage they ever had." cast directly from the battlefield. This gross violation of Pentagon press rules did not seem According to the military, control is necessary, to matter because the United Nations' forces especially in this age of rapid communica- rolled to a dramatic victory in a ground war tions. Unlike World War II and Vietnam, the that lasted barely 100 hours. press can broadcast directly from the battlefield. Within seconds, the whole world A MODEL FOR FUTURE WARS? including the enemycan see the report. Without controls, a reporter could uninten- After the fighting ended, many journalists tionally compromise U.S. forces. The military continued to criticize the Pentagon's press G4 views its control over the press as a matter of 4.The military shouldnot monitor or inter- life and death. fere with press interviewsor any part of For the most part, Americans supported the the reportingprocess. military's control of the press during the Gulf 5.Written dispatches and picturesfrom the War. In a Roper public-opinion poll after the field should not be subjectto any "mili- Gulf War, 68 percent of those surveyed tary security review." believed military control of thenews was about right, 17 percent wantedmore control, The press thinks these rulesensure press free- and only 13 percent wanted less. dom and offer securityto our military forces. The military favorspress rules similar to those But some advocates of free expression worry in the Gulf War, which give themilitary more that military control of the press.encroaches control over thepress in wartime. on our basic freedoms. They make the following arguments: The First Amendment'spro- tection of the free press should not be thrown POINTS OF INQUIRY out whenever the military starts shooting. 1. Is it possible tocarry on a war with a People in a free society should decide whether free press? 'Whyor why not? to go to war, whether to stay at war, and whether a war is just. To decide, people need 2. Do you think thepress should have access to war zones? Explain. information from a free press, not froma press controlled by the military. Otherwise, 3.What are the similarities anddifferences Americans might fight wars knowing only between the two sets of battlefieldpress what the military wants them to know. And rules discussed in the artide? the military might not want peopleto know any bad news, anything critical of the mili- SOURCES FOR CHAPTER 1 tary, or anything that might turn them A Free Pear Rhodeharnel, John H., et al, Fonndations cgretdon. Constitutional Rights against a war. Americans could then find Foundation. Los Angeles, 1991. Levy, Leonani W, Constitational Opinionr Amax (the Bill themselves in the position of citizens ina mil- c f Riebts. Orford Univenity Press, New York, 1986 Burke, James, The Day the Universe Chan,* I.ittle, Brown and Co., Boston, 1985.Scbenci a US, U.S. Supreme Court, 249 itary dictatorshiplike Saddam Hussein's Iraq. US. 47 1919 Prosaic a US, US. Supreme Court, 249 US. 204, 1919.Abramsa U.S,US. Supreme Court, 250 US. 616, 1919 Gitlow a New Ihnk, US. Supreme Court, 268 US. 652, PROPOSED RULES BY NEWS MEDIA 1935. Also "General Sources' listed below. Limits on Freedom of the Prete Yawes U. S, US. Supreme Court, 154 US. 652, 1957 Afiller or California, U.S. Supreme Court, 413 Several months after the Gulf War,a commit- US. IS, !M. FCC a Ascifeca Foroulation, US. Supreme Court, 438 US. 726, 1978.knoii American ad Liberties Union,US. Supterne Court, 117 S.O. 2329, 1311 LEd. 24971, tee representing most of the nation's major I997.CnrB,otdraathtgtv Cohn,US. Supreme Court, 420 US. 469, 1975.. Hazelwood School news media issued a report stating that inde- District a Kiblmeier. US. Supreme Court, 484 US. 260, 1988. Also "General Sources" list. ed bclow. Revolution in Libel Law: New York Man a Album, US. Supreme Court, 376 pendent and uncensored reporting should be US. 256, 1964.Crair Pablishing Co. u Batts,US. Supreme Court, 388 US. 130, 1967 Gertz "the principal means of coverage" for all ii Rakn Welch, Im, US. Supreme Court, 418 US. 323, 1974.Hartla Afitgatior a Falwell, US. Supreme Court, 485 US. 46, 1988. Also 'Veneral Sources' listed below. The Peo- future wars and military operations. The ple's Right to Know Friendly% Fred and Martha J. H. Elliott, '1.4innesota Rae The News- report also proposed some battlefield press papa That Gave Meaning to Freedom of the Press.' The Constitition: That Ddicau Balance, Random House, New York. 1984. *Near a Minrestota,US. Supreme Court, 283 US. 697, rules, including the following: 191Msr Y:11* Time Ca a 11.5,US. Supreme Court, 403 US. 713, 1971. US a The Pm ream, US. District Court, Western District of Wisconsin, 467 F. Supp. 990, 1979. Houck- 1. The Pentagon should accredit indepen- ins u QED, US. Supreme Court, 438 US. 1, 1978. Rithmond Neunmpen a Virginia. US. dent journalists, who must observe "a Supreme Court, 448 US. 555, 1980. Also 'General Sources" listed below. Do Celebrities Hive a Right to Privacy?: Zwadling. Daniel, 'Paparazzi.' National &Hit Radio, Weekend clear set of military security guidelines All Things Considered, Aug. 31.1997. Chantal Westerman, Arthur Miller, et al., 'Tabloid that protect U.S. forces and theiropera- Rbrld,' ABC Good Morning Antrim, Sept. 2, 1997. Ktulwich, Robert, et al, 'Tap:alai: tions." Violators of these guidelines Shooting Stan,' ABC ringing Mint, Aug. 21, 1997.. Also ''General Sources" listed below. Press Freedom vs. Military Censorship: Martz Carlton, Tress Freedomvs. Mili- should be expelled from the combatzone. tary Censorship: What Should the Rules Be Bill cf R4bo in Action. Spring, 1992.Andrews, Peter, 'The Media and the Military,' American Heritage, July-Aug. 1991, pp. 2.Press pools should be used only during 7845. Massing, Michael, et al., 'Debriefings, What We Saw, What We Learned,' Cohembia JOiladiSBI Review, May-June 1991, pp. 23-32. Cloud, Stanley W., "The Gulf War Press Cov- the first 2-36 hours of any major military erage" Thar, Feb. 2, 1991, p. 44. General Source= Middleton, Kent Ft. and Bill F. Cham- operation. berlin. Matthew D. Bunker The Law ef Public Communication, Longman, New York. en. Moore, Ray L., Mar Comnamication law and Ethics, LIWRIUX Etlbaum Associates, 3. Reporters should have free access Hillsdale, New Jersey, 1994.Zelezny, John D., Communications lam Libertas. Restraints, and to all the Mokrn Media, Wadsworth Publishing Company, Belmont, Calif., 1993. Creech, Ken- major military units. neth C., Electronic Media Law and &gallium, Focal Press, Boston, 1991. Overbeck Wayne, et al, Penni*. (Media law, Harcourt Brace, New York, 1995. Holsinger, Ralph, and John Paul gilis,Nwlia law McGraw Hill, New York, 1997. 6 5 A RESPONSIBLE PRESS A Inquisition in Atlanta the downtown area, looking for suspicious objects. There was speculation about a link n the early morning hours of July 27, 1996, a between the Atlanta bombing and the fiery Ibomb blast shattered the festive atmosphere crash of Flight 800, the Paris-bound airliner of Atlanta's Centennial Olympic Park. The that had mysteriously exploded after taking timing of the blast was deadly. Thousands of off from New York less than two weeks before spectators had gathered in the park to cele- the bombing at Olympic Park. (Federal brate another day of competition at the Sum- authorities later determined that terrorism did 2 mer Olympics. Shrapnel from the explosion not cause the crash.) Thousands of reporters, cut through the dense crowd, killing one already on hand to cover the Olympic Games, woman and injuring more than 100 jammed phone lines, massed at Olympicsecu- bystanders. rity offices, and pressured law-enforcement authorities to tell them what had taken place Although no suspects were at Olympic Park. apprehended, a hero did emerge during the first day Jewell was honored by city and Olympic officials. His quick and decisive actions had of investigation and media helped minimize the tragedy. The 33-year-old coverage. Roughly 20 minutes before the explosion, a Atlanta security guard gave several interviews that aired around the world. He explained to sharp-eyed security guard an NBC interviewer that "I was in the right named Richard Jewell place at the right time, and I did the job I 4.0'^r"0"1".11+iow.m...E.:__ noticed an abandoned back- was trained to do." Jewell added that he loved pack lying near the Olympic . - _------A Atlanta and wanted to be "a part of the feel- ., - cr' ' --wow Park bandstand, where late- , ing of the Games." night crowds gathered to dance and listen to live A HERO TURNS SUSPECT music. Three days after the bombing, the Atlanta Recognizing the danger Journal-Constitution, the city's biggest newspa- posed by the backpack, Jew- per, received a tip from an anonymous law- ell hurriedly enlisted the aid enforcement source. The tipster claimed that of other security guards to the FBI had doubts about Jewell's story. To clear the area. Before Jewell find out more about the hero-turned-suspect, and his associates could fin- the Journal sent a young intern to stake out ish the job, the bomb inside Jewell's apartment. Upon her arrival at Jewell's A deadly explosion at the backpack exploded, hurling ragged shards the 1996 Summer home, the intern discovered she was not of metal into the crowd. Later Jewell described Olympics triggered a alone. Men in sunglasses watched the-security media frenzy that the nightmarish scene. "When the explosion guard's front door. Others perched by_the raised questions about occurred," he said, "I saw my fellow officers pool where they trained binoculars on-Jewell's the responsibility of and friends flying through the air." rear windows. the press. The explosion in Atlanta sent shock waves The intern reported that Jewell, still consid- around the world. Pope John Paul condemned ered a hero, was being watched. Later that day, the attack as "senseless violence." Russian reporters at the Journal learned that the FBI President Boris Yeltsin spoke of the bombing had spoken to several of Jewell's former as "barbaric." French leader Jaques Chirac employers regarding his performance in past called for an anti-terrorist summit. law enforcement and security jobs. Reporters Security at the Olympics was redoubled. and editors at the newspaper had to makea 24 Police scoured Atlanta's Olympic facilities and difficult decision: Should they wait formore 66 information or print what they knew? If they waited, another news organization might "scoop" them and publish the story first. The editors of the Journal chose to proceed. They hurriedly rewrote the front page of the day's special Olympic edition. The headline read "FBI Suspects 'Hero' Guard May Have Planted Bomb." The Olympic edition of the Journal hit the streets at 4:30 p.m. An Atlanta-based CNN announcer read portions of the Jewell story aloud on the 5 o'clock news. That evening, all major networks opened their newscasts with the story that the hero of Olympic Parkwas now a suspect in the Atlanta bombing. Four days after the bombing, Jewell had become known as a murder suspect. Aconvoy of satellite-dished news trucks set up shop in front of Jewell's condominium. For days, the Although never formally charged in the Olympic public read, watched, and listened as Jewell Park bombing, security guard Richard Jewellwas was profiled as "a frustrated loner who wants named as a suspect by law enforcement and the to be a hero," who built a deadly bomb, media. planted it in an unsuspecting crowd, and then exploited the murderous tragedy "in search of guard announced that his ordealwas over. glory for saving lives." The Justice Department had informed him The Boston Globe concluded that Jewell "hada that he was no longer under investigation. driving desire, even a need, to bea cop." The Jewell filed lawsuits against NBC and the Atlanta Journal-Constitution further described Atlanta Journal-Constitution, charging them Jewell as a "lone bomber" who was "seeking with libel. publicity for his actions." A second headline Was the press irresponsible in itscoverage of proclaimed: "Bomb Suspect Had Sought Richard Jewell? Journalists and media critics Limelight, Press Interviews." disagree about the media's role in the Jewell A week after the bombing, law-enforcement case. Some members of the media described officials had still not arrested Jewell. The the use of anonymous sources,even those media continued to portray him as the prima- from law-enforcement agenciesas "reckless,)3 ry suspect in the case. NBC's Tom Brokaw "intrusive," and "destructive." The Los Angeles speculated that "the FBI is close to making Times admitted to hanging "an innocentman the case, in their language. They probably out to dry" and asked how journalists can have enough to arrest [Jewell] rightnow, prob- unmake a villain." ably enough to prosecute him, butyou want "The news media's focuson the background to have enough to convict him as well. There and character of the suspect at this stage of are still some holes in the case." the investigation is entirely out of line," RUSH TO JUDGMENT? claimed Deni Elliot, an ethics professorat the University of Montana. "Unlessnews organi- The media frenzy reached fever pitch. Still, zations can provide some good reason whywe Jewell had not been detained, arrested,or need to have this information, which isa vio- indicted for any crime. In fact, Jewellwas lation of [Jewell's] privacy...it's illegitimate never charged with the Olympic Park bomb- to give out this information." ing. Three months after the explosion ripped through Olympic Park, the former security Village Voice media critic James Ledbetter added, "There's a world of difference between r G Jewell's lawyers claimed that the paper Sailed to question why "unnamed law-enforcement officials were willing to leak.. .Jewell's name to the media" when no warrant had been issued to search Jewell's property, when they had no plans to arrest Jewell, and when "law- enforcement officials would not confirm on the record that...Jewell was an official suspect."

A CLOSER LOOK

Those who leaked Jewell's name to the media 1.1.CNN NOW czepciznm 'mar Agic ikoir-6-poszrEv-avEr NBc have never been identified. The question AW- Gor Vsi=f2p, MoM 035 AVXDUTko~u-vv-1- ct%1 CNN CONCERNING Ni3C'4 ViEPOVrct4 ASCv CNN VZSPORT..." remains, why would law-enforcement officers name Jewell as a suspect? The eyes of the reporting [Richard Jewell] is a suspect and world were focused on Atlanta, the Olympics, camping out at his apartment, writing and the bombing. The police and the FBI detailed profiles and having psychologists on were under great pressure to bring the bomber the air talking about him." to justice quickly. Some investigators, frustrated at the lack of progress in the case, may Other journalists defended the coverage of have wanted to pressure Jewell into confessing. Jewell's suspect status. They argued that the They may have hoped that focusing the public had a right to know about the FBI media's attention on Jewell would make him investigation. The editors of the Atlanta Jour- confess or help them find the real bomber. nal-Constitution explained that "with Atlanta and the world anxious to know how the In their rush to cover the story, the media bombing had occurred, journalists did what failed to investigate the motives police might they ought to dothey revealed as much have had for naming Jewell as a suspect. In information as they could find on the investi- the interests of accuracy, journalists are gation into the bombing." expected to double-check their sources, particularly when those sources refuse to identify Media critic Howard Rosenberg criticized cov- themselves. Most editors insist that journalists erage of Jewell, but declared that the story was follow this rule even when the source is a law- a clear case of the "eternal conflict" between enforcement officer. the free flow of information in a democracy and "the privacy of the individual." He In addition, the media failed to emphasize observed that "only news outfits with inhu- evidence that cast doubt on Jewell's guilt. man courage and restraint" could have resist- They seldom mentioned that Jewell would ed the temptation to report on Jewell, espe- have put himself at great risk by planting the cially after the story "began erupting out of bomb since he was stationed in the same area. control." They discounted the fact that it would have been impossible for Jewell to plant the bomb, Perhaps the clearest criticism of the media's make the warning call to 911, and return to handling of the Jewell case comes from his station in the time frame required. lawyers representing the former security guard. According to them, "the information that Mr. Shaky, unsubstantiated news stories are con- Jewell was under scrutiny. .. wasleaked to sidered fair game by some news editors the Atlanta Journal-Constitution by an FBI because lawsuits are usually aimed at the news agent who was not identified. The informa- organization that "breaks" the story. In the tion.. . wasconfirmed to the Atlanta Journal- Jewell case, journalists broadcast claims that Constitution by unidentified members of the Jewell was a bombing suspect because they Atlanta Police Department." knew that the Atlanta Journal-Constitution would take any blame. They did not wait 26 until Jewell had been officially charged. G Information-Age Checklist: Sources SMART

Like journalists, you depend on sources for information. Youmay read a story in the newspaper, see it on television, or hear it from a friend. To judge the reliability of the story, you should always consider the source. Use the following SMART tests to check your sources:

ource. For you to evaluate a source, you have to know who or what the source is. SWhere does the story come from? Is the person reporting the storyan eyewitness to the story? Did the person get the story from others? From eyewitnesses? Froma book? Track the source down. If the source is unclear, be skeptical about thestory. motive. Why do they say so? Sources often have a special interestor particular point of view that may cause them to slant information. Biasedsources can be accurate, but you need to check them carefully. Get all sides to a story.

uthority. How good is the source? Eyewitnesses can bewrong. Was the witness Ain a good position? If the source isn't an eyewitness, makesure it's a source you can truste.g., an expert on the subject, a newspaper with good fact checking. Be wary of any source that is repeating hearsay and rumors. eview. Go over the story carefully. Does it make sense? Is it logically consistent? RAre there any notable errors in facts or conclusions? Make a list of questionable facts. Develop questions about the story. wo-source test. Double-check everything, if possible. Talk to a second party. TResearch the subject in the library, by interviewing others, and searchon the Inter- net. Does your two-source test confirm the story or contradict it?

Regardless of the reasons for the law-enforcement leak, the media failed to use established methods for gathering information, methods that might have ensured Richard Jewell's right to privacy while giving the public accurate news about the bombing and its investigation.

POINTS OF INQUIRY

1. In your opinion, should the media have reported the news that Richard Jewell was being considered a suspect? Why or why not?

2.Why do you think journalists failed to investigate the motives of law-enforcement officers who leaked Richard Jew- ell's name to the media?

3. Why do you think is is important for journalists to check their sources? 27 Advertising and the Many of today's media organizations are linked to large parent corporations. ABC, Media CBS, NBC, the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, Newspapers were the first form of Ameri- Newsweek, and Time are run by some of the can media. At the time of the Revolu- largest corporations in the world. Advertising onary War, only 37 newspapers served 2.8 plays an important role in assuring profitsto million colonial citizens. But they managed these corporations and their stockholders. to keep people informed of events in the colonies and far-off England. In additionto Advertising accounts for more than half of news, they featured essays and debates on most magazines' income. Automobile and real issues. The colonial press createda passion for estate ads command whole sections in a con- newspapers in American readers. With free- temporary newspaper. In commercial broad- dom of the press guaranteed by the Constitu- cast television, advertising covers all expenses. tion, American newspapers began togrow A drop in one point in the Nielsen Ratings rapidly. can mean a loss of up to $100 million a year in advertising revenues for a televisionnet- THE POWER OF ADVERTISING work.

But running a newspaper costsmoney. In In addition to generating profits for media Benjamin Franklin's day, organizations, advertising allows publishersto the editor of a.newspa- charge readers less for newspapers andmaga- per was more powerful zines. Advertising enables hundreds ofnet- than the advertisers. But works, cable companies, and local stationsto as advertising began to .41 broadcast radio and television programming , 4 cover more of the rising without charging subscribers. Surveys show eG " cost of publication, con- that many readers regard advertisingas news, flicts arose between pub- because ads inform them of new merchan- lishers, editors, and dise, product upgrades, and sales and tell their advertisers. In readers where to find items that they wantor 1880, Joseph Pulitzer, need. one of the most powerful publishers in the THE FIREWALL business, commented on Traditionally, journalists have been wary of ,4,\ the power advertisers the potential power that advertisers haveover wielded over his newspa- the media. What if an advertiser doesn't likea per empire: "The pen political candidate? Should that candidate A modern printing may be mightier than the sword, but the receive less coverage than the advertiser's press towers over a advertiser is mightier than the editor." 17th century hand favorite? What if a sponsor's product is press. The high cost of Today, the American press reaches billions of proven to be of poor quality or even haz- technology makes people around the globe and has expandedto ardous to people's health? Will an automobile advertising an include all media, fromnewspaper giants (the company withdraw its advertising money if a important element of New York Times has a Sunday circulation of magazine reports on defects in one ofits cars? contemporary media. over 1.6 million copies) to powerful publish- To maintain the freedom to report thenews ing houses, worldwide radio and television of the day fairly and accurately, mostpress networks, record companies, motion picture organizations maintain a strict boundaryor studios, phone and cable systems, and the "firewall." David Shaw, media reporter for Internet. Although the press has changed its the Los Angeles Times, says the firewall is shape, advertising continues to occupy a cen- designed "to ensure that all decisionson the tral position in the makeup of most newspa- coverage, writing, editing, and placement of pers and radio and television broadcasts. stories will be made on journalistic meriton what the editors think the readers want and 28 need to know, withoutany concern for whether those stories will attract or repel Many maga- advertisers. Bill Kovach, former Washington zines already 41746-0, TOOAYS UJbIASA bureau chief at the New York Times, recalls provide warn- COVEP.AGE Cr Tt4C GLOBAL WARMIN6 that, during the 1970s and 1980s, "the idea `MEOW' is aRouG44T ings to advertis- TO ',WU 114t. AUTO ItJbUSIRY that I would be...concerned about advertisers about copy ing, or circulation, or the budget... was that might cast nonexistent." Kovach says, the job of the them in a bad news department was to publish "the best light. Chrysler, news report we could, and the circulation and some magazine the advertising department would have to live people argue, is with that product." But in recent years, many simply follow- journalists believe that the firewall between ing this long- advertising and reporting has broken down. standing cooper- ation between In 1996, American auto manufacturers spent roughly $3 billion on media advertising in advertisers and editors. A Chrysler spokesman says, "Of the thousands of magazine ads the United States. That same year, Chrysler's ad agency sent a letter to more than 100 pub- we've placed in a year, we haven't stopped dealing with any magazine." He compares lications about new guidelines for placing placing an ad to buying a house. "You decide Chrysler advertisements. The letter required editors to give Chrysler early warning of the neighborhood you want to be in." The advertiser is paying huge amounts of money Ct sexual,political, social issues or any editorial to place its ads. Many business people and that might be construed as provocative or some journalists agree that Chrysler's offensive...in order to give Chrysler ample demands are reasonable and simple. time to review and reschedule if desired." In other words, Chrysler did not want its ads Other journalists are not convinced. Chrys- running next to controversial material with- ler's letter comes at a time when a growing out its approval. number of publications compete for ad dollars. Many magazines feel they cannot afford Critics believe that the letter from the auto to say "no" to Chrysler. In response to the company put pressure on editors to change or even remove articles that might offend Chrysler letter, ASME declared that "readers value magazines both for their editorial con- Chrysler. Milton Glazer, co-founder of New tent and their advertising. If there is any blur- York magazine, believes that demands from ring of the distinction between editorial and corporations like Chrysler "have a devastating advertising, both will lose credibility." effect on the idea of a free press and of free inquiry." Russ Baker, writing in the Columbia ASME proposed a series of guidelines. There Journalism Review, claims that the relationship should be a clear separation between advertis- between advertising and news content "is ing and editorial content, it declared. The edi- changing for the worse. Corporations and tor should have final approval over all words their ad agencies have clearly turned up the and images. Jack Fuller, publisher of the heat on editors and publishers." Edward Kos- Chicago Tribune, says editors and publishers ner, editor of Esquire magazine, believes that should avoid conflict between news and adver- advertiser guidelines like those issued by tising by being clear about journalistic integri- Chrysler proves that editors are "taking ty-,the editor's decision should be final on all marching orders from advertisers." journalistic questions.

When the American Sociey of Newspaper Editors NEW PARTNERS (ASME) recently conducted a survey of 85 major newspapers, more than 90 percent of Another trend toward breaking down the fire- advertising directors reported that advertisers wall between business and editorial policy had canceled ads within the last five years began in the mid-1980s. Papers were losing because they were unhappy with news cover- readers. Business executives started exploring age or editorial comment. new ways for newspapers to make money. At 29 71 some newspa- Janis Heaphy, the Los Angeles Times' senior pers, journalists vice-president for advertising was assigned to were asked to work with editors to develop the new Health meet with peo- section. Heaphy described a careful research ple from adver- and planning process that included testing tising. They new ideas on readers and advertisers. Experi- were asked to mental Health sections were developed, writ- work together to ten, and printed, then run through a battery come up with of tests and printed again. "We didour new sections research," said Heaphy, three months after the that would Health section was first published. `Wegot appeal to read- our financials together and we rolled it out. ers and advertis- We launched it October 8 andwe are already ers alike. at 80 percent of our ad revenue goals." For example, the Los Angeles Times began pub- The new partnership between business and lishing a Health section that took shape from editorial tends to create conflict betweennew discussions between advertisingmanagers and business-oriented editors and their reporters, editors. Health is an issue thatmany people many of whom object to breaking down the are interested in, they reasoned. Rather than firewall between advertisers and journalists. scatter articles on health and medicine Doug Underwood, communications professor throughout the paper, the Times decidedto at the University of Washington, writes that concentrate health news in one easy-to-read "the editors in many of these market-oriented section where sponsors of health products newsrooms seem to be more concerned about and services could place their ads. offending advertisers."

Mark Willes, publisher of the Times, declares Media organizations havegrown from small, that this blend of business and journalism locally owned companies into large, multina- improves the paper. "There must bea way to tional corporations that share interests with have truly great journalism anda great busi- other major corporations, banks, andeven ness enterprise," says Willes. Jeffrey Klein, gen- the U.S. government. They are often depen- eral manager of the Times says, "We're trying dent on advertising income. Some advertisers to get people to think about the whole feel thatgiven the size of their investments paper." Narda Zacchino, a Times editor for 28 they should have some influenceover what years, comments, "There's a feeling of every- articles run next to their ads. Conflict of body being on the same team." interest between corporations, advertisers, and Although the Times covers health and science media organizations has a powerful influence issues in depth in the front section, critics over the way the media delivers the informa- worry about the influence this new advertis- tion we depend upon to make well-informed decisions in everyday life. ing-editorial partnership will haveon health coverage. In an effort to keep advertisers in mind, they say, stories in the Times Health sec- POINTS OF INQUIRY tion tend to be slanted toward health prod- -a- ucts and services. "What's lacking in the sec- 1. What is a "firewall" in journalism? tion," says Charles Rappleye in the Columbia What purpose does the firewall serve? Journalism Review, "is hard news of the world 2.How has the relationship between of health care, from HMOs and managed care to fraud and government action. Also advertising and editorial departments changed in recent years? lacking is any sophisticated treatment ofnew

advances in science and medicine." 3. How might editors and reporters . Others believe the new partnership between ensure that readers and viewers get the news they want and need, without advertising and content is already successful. 30 regard for advertisers? Tabloid! made it possible to reproduce newspaper photos cheaply and accurately. The front page of the Daily News regularly featured n recent years, readers and viewers have a sensational Iturned to new sources for news and enter- headline accompanied by lurid photographs. tainment. Daily newspapers and network tele- By 1924, the Daily News had the largest circu- vision news shows in particular have been los- lation of any newspaper in the country. Soon ing out to special-interest magazines, cable other tabloids began to appear in major cities television, the Internet, and the sensation-seek- across the nation. Facing serious competition from the tabloids, mainstream newspapers ing tabloid press. To attract new readers and began to imitate the tabloids' large headlines, viewers, newspaper and television executives splashy photos, and sensational stories. have increasingly allowed journalists and broadcasters to blur long-standing boundaries In the 1940s, tabloid columnists like Walter between mainstream and tabloid journalism. Winchell, Hedda Hopper, and Louella Parsons From the coverage of the O.J. Simpson trial invaded the mainstream media with gossip to the death of Princess Diana to the latest about the rich and famous. Before it was put sex scandal, many believe the mainstream out of business by an avalanche of lawsuits, media are trying to beat the tabloids at their Confidential magazine specialized in finding own game. black marks in the private lives of celebrities in the TABLOID HISTORY 1950s. Today, the modern Tabloids take their name from a scientific tabloid is generally sold term meaning condensed, or compressed. Cut over the counter at super- to half the size of ordinary newspapers to save markets, convenience money on paper and make them readable in stores, and newsstands. crowded commuter trains and subways, There are basically two tabloids usually boast a front page with a kinds of tabloids. Some, screaming headline and large pictures. Inside, like the Weekly World News short, sensationalized news articles and pho- and the Sun, mix sensation- tos publicize the lives, loves, and misfortunes al crime stories with of both ordinary and famous people. Tabloid celebrity gossip. They often stories are written to startle, excite, and some- feature headlines that times, even mislead the reader. describe absurd or impossi- The first successful tabloid in America was ble events as if they were the truth. "Alien Vis- Tabloids and the born in 1883 when Joseph Pulitzer bought the its White House" and "Woman Killed by Fur mainstream media New York World. While the World's editorial Coat" are real tabloid headlines but they frequently compete page preached lofty morals and ethics, clearly do not describe real events. The News to cover events such Pulitzer made sure the front pages of his and the Sun frequently print disclaimers that as the O.J. Simpson newspaper featured sensational stories of dis- ask readers to "suspend belief" trial and the death of Princess Diana. asters, bloody crimes, and sex scandals. Circu- Other tabloids, like the National Enquirer, the lation soared. Globe, and the Star, specialize in sensational William Randolph Hearst, the son of a Cali- truth instead of bizarre fiction. They run sto- fornia millionaire, was fascinated by Pulitzer's ries about real-life heroes and heroines, scoop success. Hearst purchased the New York Morn- celebrity gossip, dig up rags-to-riches profiles, ing Journal and lured Pulitzer's journalists and publish tips on self-improvement. They away with inflated salaries. The battle between offer above-average salaries to attract well-qual- Pulitzer's World and Hearst's Journal exempli- ified journalists. In order to avoid lawsuits, fied the cutthroat competition between these tabloid giants carefully check facts and tabloid papers. retain staffs of lawyers who reveiw their stories for legal problems. The Enquirer's cover- In 1919, a new tabloid, the New York Daily age of the 0.J. Simpson trial was praised in News, took advantage of new technology that 31 7 the New York Times by media critic David a salesman who claimed that he sold Simpson Margolick. a knife resembling the murder weapon. It paid In the 1980s, the National Enquirer frequently $18,000 to Nicole Simpson's maid who sold more than 4 millionnewspapers a week, described how the murder victim had suffered abuse at the hands of her husband. The main- making it second only to TV Guide innews- stand sales. In the 1990s, tabloid circulation stream media quoted both stories after they began to decrease. appeared in the Enquirer. The New York Times defended its use of the Enquirer information Some attribute falling tabloid salesto the as necessary to explain proceedings in the introduction of tabloid-style television shows Simpson trial. like "Hard Copy," "Inside Edition," "A Cur- rent Affair," and "American Journal." Many critics believe that tabloids violatea Although they are produced by major televi- basic journalistic principle when theypay for sion networks, these popular showsare simi- information. In its Code of Ethics, the Society lar to tabloid newspapers. Theycompete with of Professional Journalists (SPJ)states, "Jour- the tabloids to cover celebrity scandal,run nalists should be wary ofsources offering undercover exposes, and explore paranormal information for favors or money; avoid bid- phenomena and urban myths. ding for news." SPJ believes that the exchange of money invalidates a source's credibility. Others attribute the decline in tabloid salesto Paid sources like the knife salesman and competition from the mainstream media. Nicole Simpson's maidare more likely to During recent decades, America's population "bend" facts to tell journalists what theywant has grown, but newspaper circulation has to hear. remained steady at 60 million readers. Steve Coz, editor of the National Enquirer, According to a sur- admits that paying for information is risky. vey conducted by "People will embellish for money," hesays. Time magazine and "You understand that andyou cross-check. CNN, almost three But let's face it," Coz continues, "the police times as many Amer- pay informants, prosecutors offer reduced jail icans get their news sentences, defense attorneys pay thousands of from television as dollars for expert witnesses." Iain Calder, the from newspapers. Enquirer's editor-in-chief, says heuses a large But the audience for portion of the paper's $16 million budgetto network news has pay sources for information, but "you take Celebrity photogra- also declined. In 1981, about 40percent of the these tips and you check them out, just like phers, called nation's viewing publicsaw the major net- you check out any other story." paparazzi,pursue works' evening news. In 1995, that audience John F. Kennedy. Landon Jones, editor of People magazine,says Paparazzi are often had dropped to abdut 25percent. he doesn't pay for stories, but he admits that accused of violating Many experts believe that the mainstream the magazine contributed $100,000to Eliza- people's right to mediaas they did in the 1920sare beth Taylor's favorite charity in return for privacy. once again borrowing practices from tabloid jour- exclusive pictures of her wedding. "It'snot a nalism in an attempt to attract readers and bribe," he explained. "In away, we're investing viewers. We'll look at three of these practices in goodwill." paying for information, altering and staging Marvin Kalb, director of Harvard University's photos, and the trivializing ofnews with gos- journalism school, calls the practice of paying sip and scandal. for stories "part of the prostitution of Ameri- can journalism." He urges other mainstream PAYING FOR INFORMATION journalists not to quote stories from paid During the O.J. Simpson trial, the National sources. Enquirer spent more than $150,000 for tips Although he works fora newspaper that does and interviews. It paidmore than $12,000 to 32 not pay for information, John Tierney, a 7 reporter for the New York Times writes, "I Association, argues don't believe that paying sources is unethical, that by "playing as long as it's disclosed to the reader." Tierney around with [photos ], asserts that paying for information "might people may believe promote some fictional tales," but that it what they see. Any encourages sources who otherwise would "see time you're presenting no good reason to talk to a reporter." something as a news photo," Cooper con- ALTERING AND STAGING PHOTOS tinues, "it should not During the O.J. Simpson trial, the media and be altered at all." Oth- the public weren't allowed to see gory pho- erwise, journalists risk tographs of the victims taken at the crime spreading lies. scene. The National Examiner, a major super- Other critics claim that tabloid-style photo market tabloid, used actors, fake blood, and alteration causes readers and viewers to dis- computer graphics to re-create photos of the trust the mainstream media. "A reader's lack murders. Terry Raskyn, publisher of the of trust takes many, many years to regain and Examiner, explained that he wanted to "give none of us can afford to lose our credibility," people an idea of what was being seen in says Larry Nighswander, director of visual court." Raskin's editor, Dan Dolan, defended communication at Ohio University. the staged photos by saying that "the everyday spectator should be privy to the same infor- GOSSIP AND SCANDAL VERSUS THE mation as the judge and the jury." NEWS

As the Simpson trial began, the National Technology has made it possible to gather up- Enquirer ran a computer-generated photo ofa to-the minute news from all over the world. It bruised and battered Nicole Simpson on its is impossible to fit all the news of the day cover with the warning that the picture was a into a single newspaper or television broad- Ci computer re-creation." "It's okay," said cast. Tabloid journalism has played a major Enquirer editor Calder, "as long as you tell role in deciding which stories make thenews. people." While the New York Times traditionallycovers hard news and serious issues like the budget Tabloid journalists are not the only people battles in Washington and the war in Bosnia, who alter or stage photos. USA 7bday's editor the tabloids generally focus on stories about David Mazzarella has stated that staged pho- celebrity murders, Liz Taylor's health, or tos are "a common practice among newspa- Princess Di's love life. pers and magazines." USA Tbday staged a picture of a schoolgirl snorting cocaine to illus- "Many [mainstream] editors were dismayed at trate a front-page story about drug use among the massive amount of attention paid to the teenagers. Time magazine used computer O.J. Simpson murder trial," writes Richard graphics to darken a cover photo of O.J. Zoglin, business editor for Time magazine. Simpson. Newsday published a computer- "Still, for competitive reasons," Zoglin altered picture that placed Olympic rivals explains, "they couldn't ignore it." Nancy Kerrigan and Tonya Harding side-by- - Many tabloid journalists argue that they are side when they had never skated together. Ina story on alleged faulty gas tanks in General giving people what they want and that their Motors' trucks, NBC's "Dateline" used incen- stories of gossip and scandal are true and accurate. As was the case in the O.J. Simpson diary devices to make sure the gas tank ofa GM truck exploded in a collision it staged. trial, the tabloids use money and extra reporters to get the story first. They often The Society of Professional Journalistswarns beat mainstream news departments with more journalists to "never distort the content of limited resources. news photos or video. Avoid misleading re- enactments or staged events." Charles Cooper, "The tabloids are leading because we have the director of the National Press Photographer's best reporters in America," says the Examiner's 33 7 b editor, Dan Dolan, "because this is one of the few places in American journalism where Undercover: ABC there's still healthy competitionand com- Goes Lion Hunting petition makes you sharper." One of journalism's most important jobs Steve Coz, editor of the Enquirer, claims that is to inform the public of crucial issues. tabloids "pare things down to the bone, to But investigating allegations of wrongdoing is [give] readers the accurate information they often difficult. Those under investigation may need without inundating them with boring refuse to cooperate with journalists. Some details. Every single network, every single journalists hide their identity to investigate magazine in America has gone more celebrity. people or organizations they suspect of That's the Enquirer's influence, whether you like it or not." wrongdoing. This practice, often called undercover reporting, raises important questions. Examples are not hard to find. During closing Many of such questions came to light in 1992, arguments in the O.J. Simpson trial, not a when two producers from ABC's "Prime Time single television news broadcast broke away Live" went undercover to investigate Food from the courtroom to cover the signing of a Lion, a major corporation. historic treaty between Israel and Palestine. In 1992, Food Lion was the fastest-growing On the same day that the Supreme Court supermarket chain in the nation. It operated ruled that President Clinton must testify more than 1,000 stores, most in the South. It about his alleged sexual infidelity, Russian boasted prices 7 to 15 percent lower than its President Boris Yeltsin announced that nuclear competitors and did $8.2 billion worth of missiles were no longer aimed at American yearly business. High profits made Food Lion cities. The mainstream media chose to focus stock a favorite on Wall Street. on the President's personal life while Yeltsin's announcement slipped by unnoticed. Despite its success, Food Lion had labor problems. According to one report, clerks at Food Media critic Ben Bagdikian claims that "when Lion earned about half of what clerks at rival celebrity news proliferates, the standard press Safeway made. In addition, some Food Lion begins to lose support. Editors who defend employees complained that the chain pres- tabloid journalism undermine the seriousness sured them to cut corners on sanitation, to with which the public will defend freedom of sell food after its shelf life had expired, and the press." Quoting demands for press censor- to work illegal overtime hours. The United ship after the death of Princess Diana, Food and Commercial Workers (UFCW), a Bagdikian says, "If too much of the press is union for supermarket employees, was waging associated with trivial celebrity news, then the a campaign to represent Food Lion workers. public won't mind if freedom of the press is But Food Lion had successfully resisted restricted." unionization.

POINTS OF INQUIRY Food Lion had always dismissed the accusations of unfair labor practices and poor food 1. What are some tabloid practices that handling as a smear campaign staged by dis- critics think are unethical? gruntled employees and a frustrated union. In 2.Why do you think that mainstream truth, the union was anxious to draw atten- journalists often consider tabloids to tion to Food Lion's labor policies. In 1992, a be "sleazy," or illegitimate? staff member of UFCW and several former Food Lion workers met with producers from 3. List two recent news stories where the ABC television news magazine "Prime mainstream journalists were accused of Time Live" to encourage an investigation of resorting to tabloid practices. the company's practices. 4.In your opinion, do you think mainstream journalists should use tabloid 34 methods? Explain. 76 ABC GOES UNDERCOVER pass, and breach of loyalty (as After this talk, ABC's producers decided to well as several pursue a story on Food Lion. Thinking the other allegations story might require undercover reporting and that the judge hidden cameras, the producers requested and later dismissed). received permission from ABC's news divi- It claimed that sion and legal department to go undercover. Prime Time's The UFCW worked with "Prime Time Live" undercover to provide false references for two ABC pro- reporters had ducers and train them as food handlers. The committed fraud 4-9^ two producers concealed their identities, faked by submitting their job experience, and landed jobs in Food fake resumes. Lion stores. For two weeks, the reporters used They were trespassers because they had used Following an exposé of food-handling hidden mini-cameras to secretly record what false information to gain admittance to Food practices on NBC's they saw and heard on the job. They returned Lion property. And they breached their loyal- "Prime Time Live," with more than 45 hours of videotape. ty to Food Lion because they were working business at this for ABC. On November 5, 1992, "Prime Time Live" major supermarket chain fell off aired a carefully constructed expose. ABC ABC's lawyers argued that therewas no drastically. anchorwoman Diane Sawyer explained that breach of loyalty, because Prime Time's under- Food Lion's stock values depend on consis- cover reporters did the work they were told to tently high profit margins. Therefore, she do as Food Lion employees. They said there asserted, employees are under pressure tosave was no trespass, because all Food Lion and sell every scrap of food they can. In addi- employees, including the two reporters, have tion, Sawyer claimed, Food Lion pushes its a right to be on Food Lion property. And employees to the limit, forcing them to work even though the reporters lied, the lawyers long overtime hours and ignore health codes. claimed this did not amount to fraud because Video, taken with hidden cameras, seemed to one of the elements of fraud is harm, and the show employees changing the labels on old reporters did no harm to Food Lion on the meat and preparing to sell it as fresh. In inter- job. views, former employees claimed that they Before the trial in federal court in Greens- were forced to soak ham and fish in bleach to boro, North Carolina, the judge narrowed the remove signs of spoilage. One stated, "I've issues. Because Food Lion did not seen my supervisor take chicken out of the sue for libel, he ruled that the truth of the broadcast [garbage] can, make us wash it, and put it was not an issue. Thus neither side could pre- back out. And it was rotten." sent evidence about the broadcast being true Following the show, Food Lion's business fell or false. In fact, the jury never saw the broad- off drastically. The chain's stock value plum- cast. He also ruled that neither side could pre- meted. Poor sales forced Food Lion to close sent evidence about whyABCdid the story. almost 90 stores and lay off about 3,500 This prevented Food Lion from showing how employees. the union had helped prepare the story, and it precluded ABC from introducing evidence Food Lion admitted that, likeany company, a about the labor and food-safety issues that few employees may occasionally violate rules. prompted it to do the story. Anothernon- But it adamantly denied the charges in the issue was the use of hidden cameras. broadcast. It filed suit against ABC and the Although many states forbid audio or video- show's producers. Although Food Lion taping without the consent of all parties, insisted the broadcast made false accusations, North Carolina allows taping if one party it didn't file suit for libel to challenge the consents (in this case, the reporters for ABC truth of the accusations. Instead, Food Lion consented). focused on the methods ABC used to gather its information. It filed suit for fraud, tres- 35 7 7 That meant that the main issues at trial were The Food Lion case has generated much whether the reporters trespassed and how well debate. Some question why Food Lion didn't they did their job for Food Lion. Lawyers for sue for libel. Others argue over the ethics of Food Lion introduced various outtakes from undercover reporting. the 45 hours of ABC videotape to show that the reporters weren't doing their Food Lion THE QUESTION OF LIBEL jobs. These outtakes proved embarrassing to The main damage that Food Lion suffered in ABC. In one, a reporter muttered a swear this case was to its reputation. When some- word when a co-worker cleaned a meat cutter. one's reputation is damaged, the legal remedy In another similar incident, a reporter swore is normally a lawsuit for libel. To prove a libel under her breath when a deli supervisor told case, a plaintiff (person suing) must show her not to sell spoiled chicken but to throw it that the defendant made a false statement that away. In these outtakes, the reporters repeated- damaged the plaintiff's reputation. The ly did not clean adequately or throw away bad Supreme Court has added an additional food. They seemed intent on finding ways to requirement for plaintiffs who are public fig- make Food Lion look bad. They appeared nei- ures (which Food Lion is, because it's a large, ther as loyal workers for Food Lion nor as well-known corporation). Public figures must members of the press seeking the truth. On prove "actual malice" on the part of the the stand, the reporters testified that these defendant, that is, that the defendant either outtakes misrepresented what they were doing. knew the statement was false or made the Since Food Lion was not suing for libel, it statement with reckless disregard of the truth. could not recover for any damage the ABC Food Lion offered two reasons why it didn't report did to its reputation. Its claim for dam- sue for libel. First, it stated that libel is diffi- ages consisted of the amount it lost in train- cult to prove. Second, it tried to add libel to ing and paying the undercover reporters. its lawsuit later on, claiming that ABC had Food Lion presented one witness who totaled withheld evidence that would enable Food the costs to Food Lion of hiring the reporters Lion to prove libel. But the time for filing a as $2,432.35. libel suit had expired, and the court found After hearing the arguments from both sides, Food Lion's argument without merit. the federal jury found in favor of Food Lion. ABC argued that Food Lion is using this law- The jury awarded Food Lion $1,402$1,400 suit to repair its reputation and it should not for fraud and the token amounts of $1 for be eligible for punitive damages unless it trespass and $1 for breach of loyalty. proves actual malice. Food Lion disagreed, The trial, however, did not end here. Next the saying ABC is being punished for using jury had to consider punitive damages. These wrongful newsgathering tacticsnot for dam- damages are awarded to punish defendants for aging its reputation. reckless or dangerous behavior. Punitive dam- UNDERCOVER REPORTING ages are meant to serve as a warning to others who might be tempted to engage in similar Aside from legal issues, undercover reporting behavior. After hearing more evidence, the raises ethical issues. Most fundamentally, the jury decided on punitive damages in the question arises whether it is proper f6r- a amount of $5.5 million. reporter to lie and misrepresent who he or she is. Some people in the media, especially Several months later, the judge reduced the the print media, believe there is never any jus- punitive damages to $315,000, ruling that the tification for lying. difference between the actual damages of $1,402 and the punitive damages of $5.5 mil- Abe Rosenthal of the New York Times has said lion was too great. ABC has appealed this that undercover journalism "demeans journal- decision, arguing that there should be no ism." He believes it brings the journalists' punitive damages because the reporting was in credibility into question. If "Prime Time Live" the public interest. lied to Food Lion, who's to say it didn't lie to its viewers? Rosenthal does not believe inves- 7 6 tigative journalism needs undercover journal- Roone Arledge defends ism. He says, "As an editor, I found if you the Food Lion story: pushed hard enough you could get the story "This story was impor- without it." tant. This story was true. And this story But undercover journalism has a long history was about as close to and has brought many critical issues to the 100 percent perfect as public's attention. In 1887, a young reporter any story we have ever named Nellie Bly masqueraded as a mad- done." woman to gain entry into a New York insane asylum. Her reports led to major reforms in But Paul McMasters, the treatment of the mentally ill. Two decades the Freedom Forum later, writer Upton Sinclair concealed his First Amendment identity to take a job in a Chicago meat-pack- ombudsman, has said ing plant. Sinclair's book The Jungle exposed that ABC would have Almost 100 years horrible labor conditions and dangerous food- presented a better story if it could have stated: ago, writer Upton processing practices and contributed to the Sinclair used passage of the federal Pure Food and Drug "We checked out state and federal inspection undercover Act of 1906. records relating to food handling at Food methods to report Lion stores. Here's what they showed (or did- dangerous practices In more recent years, television programs like n't show). We purchased suspect food at these in the meat-packing "60 Minutes" and "Prime Time Live" have stores on these days, had the food tested, and industry. reported on questionable behavior by busiriess here's what those tests showed (or didn't and government. Undercover reporters have show). We interviewed customers of Food exposed voter fraud, patient abuse in federal Lion about whether they had encountered any Veterans' Administration hospitals, and the problems with food they purchased, and activities of the Ku Klux Klan. Roone here's what they said. After fully reporting the Arledge, president of ABC News, wrote that story by all other means, we had no choice c`not one of the institutions we investigated but to go behind the scenes with hidden cam- would have volunteered to tell all if a reporter eras to document and support our other find- had showed up with a camera." ings (or to discover that food was not being mishandled)." The Society of Professional Journalists has developed standards for reporters to deter- One reason why ABC didn't cover the story mine whether undercover reporting is appro- like this may be competition. Since 1989, six priate. According to the society, misrepresenta- network news magazines have joined the tion should only be used when: ranks of "60 Minutes" and "20/20." Under- cover reporting has become a regular news- the information is of vital public impor- gathering feature of these programs. "The tance. competition is so severe. .. newsis obliged to all other means for finding the informa- do unnewsworthy things to survive," says tion have been exhausted. Marvin Kalb, director of Harvard University's journalism school. "Lying has become the rule the journalists disclose the deception and when it should have been the exception. It the reasons for it in their piece. ... demeans journalism and badly damages the the journalists and news organization pre- journalist and the public." sent all sides and pursue the story fully. Television news magazine stories are costly the harm of the deception is outweighed and time-consuming to produce, especially by the harm prevented by revealing the when they involve undercover reporting. information. According to William Powers, media critic for the New Republic the journalists have gone through a careful, deliberative process before embarking These hidden camera investigations are on the deception. costly, and it's hard for producers to go 37 79' back to the office and say thesorts of things newspaper reporters tell their edi- Negative Local News tors all the time: "the story didn't really If It Bleeds, It Leads pan out," or "it's not as simple as we thought." Unlike newspapers, thenet- The American public is concerned about works don't have subscribers who willbe crime and violence. Ina poll conducted back for the next editionno matter by the Los Angeles Times, 43 percent of those what . ... They have to draw in a large questioned stated that crime is themost audience for every show,or risk losing important problem facing the nation. Yet fig- ratings and advertisers. And they doso by ures released by the FBI show that violent painting in broad, sensational strokes. In crime has steadily decreased during the 1990s the case of Food Lion, it now seems ABC to its lowest rates since 1973. If crime ratesare may have taken a perfectly respectable and decreasing, why areso many people worried? interesting story abouta supermarket chain with questionable labor policies and Some studies suggest that people'sconcerns pumped it up to win higher ratings. about violent crimeare not based on first- hand knowledge oron crime statistics. In a Still, many journalistsare more troubled by recent study, 65 percent of the people inter- Food Lion's tactics than ABC's. Robert Miral- viewed said they based their views about di, journalist, professor, and authorof the crime and violence on reports from the book Muckraking and Objectiviy, has said: media. "Everyone is talking about the newsgathering techniques and not about what [ABC] found. LOCAL TV NEWS COVERAGE It turns the whole thingon its head." He Every evening, more than 700 televisionsta- complains that by focusingon the methods tions across the United Statespresent their the reporters used, Food Lion drewattention version of the localnews. Most cover crimes away from the serious claims ABC had made and disasters extensively. Eachyear, the Den- against them. Others respond that if ABC ver-based Rocky Mountain Media Watch had done a better job of journalism, Food (RMMW) monitors the subjectmatter and Lion would not have been ableto do this. length of each news story from 100 local tele- Still others view ABC's behavioras so outra- vision newscasts. A recent RMMWsurvey geous that they believe the reporters created a found that 72 percent of local story where none existed. newscasts began with stories about crime, violence,or disaster. In 1997, the Consortiumon Local POINTS OF INQUIRY Television Surveys, formed by eight major 1. What was the case about between Food journalism schools, found that crime and Lion and ABC's "Prime Time Live"? criminal justice make up almost 30percent of the average local newscast. 2.Do you think Food Lion should have sued for libel? Explain. Los Angeles has a reputation for being crime- ridden. Yet FBI statistics show that serious 3. Do you think ABC should pay puni- crime is declining more rapidly in Lo-s Ange- tive damages for what it did? Explain. les than in the rest of the nation and thatLos 4.When, if ever, doyou think under- Angeles is among the safest of America's big cover journalism is justified? Explain. cities. Urban League President John Mack charges that newscrews rarely visit L.A.'s inner city unless violenceoccurs. "If one watches the eveningnews on local broadcasts," Mack stated, "theyget the picture that Los Angeles is a warzone. They have created such hysteria thatmany people live in fear." David Goldberg,news director of L.A.'s KTLA-TV Channel 5, admits that "crime 80 reporting around the local stations is dispro- portionate to reality. It helps drive the fear in our communities. You would think [Los Ange- les] was one of the most dangerous placeson Earth." In a recent Los Angeles Tima poll, 80 percent of those interviewed stated that media crime coverage has increased their fear of becoming a victim of violent crime. In addition, television news critics charge thatan emphasis on crime paints a negative portrait of the community.

THE MEAN WORLD George Gerbner, former dean of University of Southern California's Annenberg School of ably captivated by stories that involve conflict, News directors at Communication, calls this negative portrai- emotion, justice, and life-and-death struggles. local television ture the "mean world" syndrome. According stations saw their to Gerbner, when television news emphasizes Second, many local stations have found that ratings rise dra- crime and violence, viewers tend to overesti- violent-crime coverage pushes up ratings. matically during mate the amount of crime in a community. When Miami television station WSVN needed coverage of the Television coverage of violent events also to improve its ratings in the 1980s, it turned Simpson murder increases people's fears that they are vulnera- to extensive crime coverage. Newsweek maga- trial. ble to crime. "You live in a meaner world," zine dubbed the station "Crime Time Live." Gerbner says. "You try to protect yourself Within five years, however, the station moved more than your next door neighbor who from fourth to second place in the competi- watches less television and is less intent on tive Miami news market. WSVN'ssuccess with crime publicity." crime coverage triggered many copycat stations across the country. The predominance of crime-basednews stories also tends to squeeze out other newsworthy Third, news coverage is popular and inexpen- stories. According to the Consortium on sive. Compared to elaborate, studio-produced Local Television Surveys, only 15 percent of dramas and sitcoms, for example, thenews is an average half-hour news program focuses on a low-budget item. With the advent of video- government or politics. Most local newscasts tape, sophisticated video cameras, high-speed, totally ignore education and race relations, high-quality tape-editing equipment, andnews perhaps two of the most important issues in helicopters and other powerful, mobile trans- America today. Featuring crime and violence mitting units, news teams can efficiently at the expense of critical issues like race rela- cover a city's worth of news stories for relations and education bothers many media tively little money. With the rise in popularity experts. 'We are the eyes and ears of the pub- of reality-based programming, local stations lic and when we don't do [serious news sto- found that they could command premium ries], then journalists are failing the public," advertising rates for a much smaller produc- said Professor Patricia Dean of Northwestern tion budget than a drama or sitcom would University's Medill School of Journalism. require. "These topics start to fall off from the dia- Fourth, violent crime is reliable. Stations logue of democracy." can always find stories of violent crime somewhere MOTIVATION OF LOCAL STATIONS in the nation. Station WSVN often looked outside Florida to fill their crime quotaon Why do stations lead with sensational stories slow days in Miami. of violent crime? Experts point to several factors that contribute to an emphasis on crime Fifth, crime is easy to cover. A crime story coverage in the television news. First, crime is usually describes the bare facts of an event full of human drama. Viewers are understand- (who did what to whom, when and where the 39 8 mall," she said. "You know [the local news] had a whole thing on crime in malls. You watch your purse, you lock your car." Some criminal justice experts say that crime coverage can motivate people to take precau- tions to avoid becoming crime victims. Oth- ers believe that crime coverage on TV serves a civic purpose. They argue that televisioncov- erage of local crime and violence has led to broader support of public policies designedto address violent crime. In addition, crime-oriented broadcasts can be helpful in solvinga crime by alerting citizens to a criminalon the loose.

Many newi directors believe that crime-based News helicopters, incident took place, what witnessessaw or coverage gives the audience what it needs to lightweight video heard) and frequently requires little investiga- hear. Los Angeles news director Cheryl Fair equipment, and tion or background research. News director said: "We don't cover stories basedon statis- mobile transmitters Goldberg admits that "unfortunately, tics. We cover real stories on real people. Peo- make it possible to news- ple say they don't care about crime until it for local stations to rooms find crime very easy to cover. It's their cover events quickly way of not having to work hard." A small, happens to them." KCBS General Manager and efficiently. local station with a few reporters and limited John Culliton adds, "It is true thatwe have resources can prepare a dramatic half-hour done too much crime coverage, but thepeo- newscast full of fact-filled crime stories more ple it affects consider it to bevery impor- easily than they can prepare in-depthcoverage tant." that may highlight more positive aspects ofa Catherine McPhate, a criminologist at the community. Reporters have readyaccess to Joint Center for Political and Economic Stud- information from police, fire departments, ies weighed the pros and cons of violence in and emergency services. Mostnewsrooms the TV news by saying, "these television sta- have scanning equipment to monitor police, tions are doing some kind of public service fire, and other emergency radio frequencies. by making people take care that they don't By monitoring these frequencies, reporters become victims of crime. [But] they really and camera crews are only minutesaway from have very little probability of being victims of live, local coverage of a beating,a fire, a mur- crime. They lose a sense of security and a der, or an auto wreck. Larry Perret,news sense that they can go out in the community, director for a Los Angeles CBS affiliate said, be a part of it. If you weigh these two things, "It's so easy to have" helicopters flying around I think the bad far outweighs the good." and when anything happens,you can cut to it live." "SIGNS OF HOPE"

CRIME: PUBLIC ENEMY NUMBER ONE Some critics believe that much of the_negativi- ty on television news arises from a lack of Reactions to accusations of negativecoverage commitment to the community the journal- in television news have varied. Crime and vio- ists are covering. In many urbanareas, lence are unfortunate but real factors inmany reporters, journalists, and broadcasters live in people's lives. A national study by the Times- neighborhoods far from the streets where they Mirror Corporation, a major newspaper chain, cover the news. Joseph Benti, a former news found that most people believe television does anchor at Los Angeles' CBS affiliate explains, not exaggerate crime. In the same study, a "If these folks had a real stake in thecommu- woman from an affluent Washington, D.C., nity and not just in a rating point, they suburb said she appreciates how the news would change." 40 alerts her to potential danger. "You go to the 8 2 Some news executives are trying to be more KTTV in Los Angeles, said "L.A. isso big, sensitive to the communities they cover. Sever- and the preponderance of crime isgreater al years ago, WBBM, a Chicago-based CBS here than in Austin." Another L.A.newscaster affiliate, was boycotted by more than 200 called KVUE's guidelinesa form of censor- local churches after it stepped up crimecover- ship. "It's not ethically where I wouldwant to age in the city's predominantly African-Amer- be," said News Director Steve Cohen. "It ican south side. Father Michael Flegger,one forces the journalist to bea gatekeeper." of the boycott organizers, said that "every- Cohen speaks from the position thata jour- thing that went on in Chicago todaywas not nalist should report what is happening ina bad. Many good things went on in Chicago community without picking and choosing today." WBBM agreed to hire more minority what is appropriate. If crime is what's happen- journalists and began running a weeklyseg- ing, then crime should be reported. ment in the news called "Signs of Hope." The news department of ABC affiliate KVUE took a different approach to local crimecov- erage. The Austin, Texas, television station ran a segment titled "KVUE Listens to You on Crime." The result was surprising. The station discovered that viewers were fedup with the *** ...... steady barrage of stories about crime and violence. News Director Carol Kneeland decided to go on a "crime diet." As a result of its survey, KVUE journalists drafted a list of guidelines. To be aired, a criminal incident hadto: Pose an immediate threat to public safety or to children. Require a need for community action. But KVUE's popularity speaks to opinions Impact the community in a significant that some viewers have begun to way. express. In the words of syndicated Washington Post Relate to a long-term crime-prevention columnist William Raspberry, "It isn't that effort. people don't want the information; they just don't want it in ways that breed despair." In the next Nielsen ratings, KVUE had become the most-watched half-hour nightly newscast in the area, beating out three com- POINTS OF INQUIRY petitors. 1. Why do you think local television sta- KVUE has not stopped covering crimecom- tions place an emphasis on crime cov- pletely. A police monitor continues to blare in erage? the newsroom, and KVUE newscrews still race to crime scenes. "It's just that fewer 2.Do you think extensive crime coverage [crime stories] get on the air," Kneeland harms or helps a community? Why? claims, "clearing a little more room fornews 3. How do you think broadcast journal- investigations and stories about education ists could lessen the negative impact of and finance." In addition, in the crime stories crime coverage? it does run, the station tries to focuson broader issues such as the causes of crime, rather than on individual acts of violence. The model of Austin's KVUE may not work in larger cities. Jose Rios, news directorat 41 8 3 Who Watches the concern over political infighting that kept Capitol Hill legislators from dealing with crit- Media? Ethics, Rights, ical issues such as corporate downsizing, and Responsibilities access to health care, the crisis of crime, the environment, and the quality of education. In the aftermath of his announcement, most Overthe years, people have grown skeptical of the media. In 1971, a national sur- television and newspaper reporters ignored vey found that CBS television news anchor the issues Bradley had mentioned. Instead, Walter Cronkite was "the most trusted man in they focused on the political battles that America." In 1979, a Gallup poll found that Bradley's retirement might stir up. Could the 51 percent of Americans rated the media as Democrats come up with a candidate strong "trustworthy." In a recent survey conducted enough to retain Bradley's U.S. Senate seat? by The Wall Street Journal and NBC, only 21 Was Bradley planning to run against Clinton percent of Americans rated the media as in the upcoming presidential elections? In an "honest" or "trustworthy." Journalism has interview with a prominent CNN reporter, become the focus of intense criticism. Why Bradley appealed to the press to stop talking this loss of media credibility and about "who will win what race" and start talk- what can be done about it? ing about issues. The CNN reporter respond- Answers to these questions may lie ed to Bradley's plea by asking, "Do you want in the methods journalists use to to be President?" Senator Bradley threw up his gather and present their informa- hands in frustration. tion. TV Guide placed Oprah Winfrey's head on actress Ann-Margaret's body for a cover A BREAKDOWN OF TRUST photo. Editors used computer graphics to In 1996, a reporter for the New York bring together two major Hollywood stars on Post posed as a relative of one of the cover of Newsweek. Producers from NBC's the passengers who perished on "Dateline" aired footage of a collision and TWA Flight 800. On the basis of vehicle fire that they had deliberately set and her claim, she was given a pass to filmed to prove that General Motors trucks memorial services and briefings were unsafe. that had been placed off-limits to For the viewing and reading public, journal- everyone but the grieving families. ists who fabricate stories or use fraud and Senator Bill Bradley The reporter was arrested and charged with (DN.1) frequently deception to invade people's privacy have con- criminal impersonation, trespass, petty larce- appealed to the tributed to a breakdown of trust in the media. ny, and possession of stolen property. press to forget The focus on political combat at the expense about Capitol Hill A Washington Post reporter was awarded the of serious political discussion has made many gossip and focus on journalists appear like trivial sensation-seekers. political issues. Pulitzer Prize, one Of the highest honors in the world of journalism, for a dramatic story Staged and altered photos, televised re-enact- called "Jimmy's World," the story of a child ments and simulations only plant more addicted to drugs in a poverty-stricken neigh- doubts in the public mind. The tabldid-style borhood of Washington, D.C. When editors coverage of the death of Great Britain's at the Washington Post began to have doubts Princess Diana brought public criticism of the about the story, they asked the reporter to press to the boiling point. introduce them to Jimmy. The reporter was More than 95 percent of people polled by forced to admit that she had made up the USA Today believed the princess had been whole story. The Washington Post made a pub- unfairly hounded by the news media. The lic apology, fired the reporter, and returned Center for Media and Public Affairs found the Pulitzer Prize. that 80 percent of people surveyed thought In 1995, Bill Bradley, three-term senator from the press ignored people's right to privacy., 52 New Jersey, announced that he would not seek percent thought the media abused their press 42 re-election. Senator Bradley expressed deep freedoms. 8 4 Many journalists are trying to respondto the independent these criticisms. Investigativereporter Jacque- role that journalists line Sharkey wrote in the American Journalism have enjoyed under Review that criticism of thepress in the wake the First Amend- of Diana's death "led the American mediato ment Rights of re-examine fundamental questions about their freedom of speech role, responsibilities and relationshipto the and of the press. American people." Recent public reac- FREEDOM OF THE PRESS tion to journal- THREATENED ism's shortcomings Real Altered Really could pose a prob- Altered It is important that the media deal with the lem for journalism's independence. A breakdown of public trust. Formore than two 1997 Freedom Forum poll revealed that 85 centuries, freedom of the press in the United percent of those questioned did not think that free- States has been guaranteed under the First dom of the press should automatically fall Amendment to the Constitution. Journalists under the protection of the U.S. Constitution. and their readers and viewers have placed great value on their freedom from censorship. Media critic Ben Bagdikian believes that journalists who present gossipas serious news, The Society of Professional Journalistsstates invade privacy, and resort to other unethical that "public enlightenment is the forerunner of justice and the foundation of democracy. practices "strengthen arguments that tabloids and the mainstream press have The duty of the journalist is to further those gone too far." ends by seeking truth and providinga fair Recently, federal and state lawmakers havepro- and comprehensive account ofevents and posed legislation designed to control unethi- issues." cal news-gathering practices. Legislation introduced by U.S. Senators Dianne Feinstein (D- Freedom of the press has allowed journalists Calif.) and Orrin Hatch (R-Utah) does to speak openly about the abuse of power in not attempt to regulate publication of celebrity government, to explore threats to the environ- photographs. Rather, the legislation, called ment, and discuss the strengths and weakness- es of politicians and their plans. But freedom the Personal Privacy Protection Act, limits the action that celebrity-hunting photographers, of the press has also allowed journaliststo pry called paparazzi, can take to get into people's private lives, distort information a picture. The bill forbids "persistent chasing to fit the needs of a story, or use fraud and or following," deception to gather information. and includes zoom lenses and other high-tech probes in definitions of trespassing and inva- Journalists are often considered to beon a par sion of privacy. with doctors, lawyers, educators, and other Some question the bill's constitutionality. "It well-trained professionals. Like doctors and burdens the First Amendment," said Ramona lawyers, journalists play a powerful and Ripston, executive director of the Southern important role in modern society. But unlike California chapter of the ACLU. "A lot of the most professionals, journalists have few rules crimes mentioned [in the Feinstein bill] and regulations guiding their behavior. are already covered by state law," Ripston claims Although most journalists todayare college- and adds, "We don't need educated, there are no formal educational more national crimes regulating the press." requirements for news gathering. There isno mandatory degree in journalism like there is Others believe that such legal restrictionson in law or medicine. Thereare no special the news media would be acceptable. The examinations to pass. There is no review survey conducted by the Center for Media board to monitor the news andno journalism and Public Affairs showed that 53percent of licenses to revoke in cases of unethical behav- those questioned favored licensing journalists, ior. The fact that there are few formal limits while 70 percent favored legal action against or restraints on journalism stems largely from inaccurate or biased reporting. 43 8 5 CIVIL CONVERSATION

ARE THE MEDIA BIASED?

ias. Slanted. The absence of an equal or balanced presentation of differingor opposing .I.Dviewpoints.

The mainstream media hold up objectivity as a goal for all journalists. Ideally,a good news story is descriptive. A good journalist does not interpret events, but strives to present a balanced, objective lineup of facts, background information, and opposing viewpoints. Editorials, commentaries, and essays that present opinions are always keptseparate from the news. Still, many critics believe that modern news coverage is biased.

Bias, they say, is not necessarily intentional. Often, media bias isan unconscious reflection of the class, culture, and interests of the journalists whocover the events of the day. For example, men and women journalists might use different words to report a case of domestic abuse. Black, white, or Latino journalists might report the Los Angeles riots from differing points of view.

Many critics cite "loaded" language as a sign of media bias. For example, modifying words and phrases like "moderate," "extremist," "regime," or "special interest groups,"can carry a positive or negative value. When attached to a government, a leader, or a political group, loaded language can slant a report without openly supporting or attacking the subjects it is describing.

News editors usually decide which stories will be featured and where they will be placed ina TV newscast or newspaper. A story that appears onpage 22 of a newspaper or in the last minute of a television news broadcast will not attract thesame attention as a story leading the TV news or an article published on page one of a newspaper. Editorstry to be unbiased in their choice and placement of stories but theymay not always be successful. Politicians and other "special-interest groups" sometimesaccuse the media of bias. Critics on the right tend to view the media as an elite corps of highly educated liberals. They claim that well-paid media professionals are out of touch with mainstream America. Theyassert that most journalists ignore or even ridicule conservative ideas and political agendas in theirnewspapers and broadcasts. They point out that most journalists consider themselvesto be liberals and their journalism reflects this bias. Critics on the left believe that most news organizations share and reflect the views and interests of corporate and government power. They claim that media corporationsare driven by profit and a desire to maintain the status quo and protect theirown interests. These critics frequently accuse the media of downplaying or ignoring important social, political, or environmental issues. In addititin, they point out that the executives ofnews organizations are predominantly white, middle-aged, and male. Often, they say, women, blacks, and other minorities find it difficult to rise into positions where they might challenge the biases of the white, malestatus quo. Defenders of the media point out that most journalistsare trained professionals who use well- established techniques to answer straightforward questions suchas: What happened? Wtio was involved? When and where did a news event occur? In addition,news organizations constantly check and balance each other's stories. A biased report in the New York Times, for example, would be quickly criticized by the Wall Street Journal. Finally, the media have a powerful motivation to report thenews in an unbiased manner. In order to attract and hold readers and viewers, news organizationsmust be believable. An unbiased press is a believable press. Media scholar Everette Dennis claims that "without credibility, which comes with impartial, professionally gathered and editednews, the media lose their fran- chise with the public." 44 0 r These figures and the flood of proposed APPLYING A JOURNALISTS' CODE OF media legislation suggest thatin the eyes of ETHICS the publicissues like fairness, accuracy, and an individual's right to privacy may be as Several media organizations have released codes of ethics that journalists can use as important as freedom of the press. Steve guidelines to help improve their performance. Geimann, former president of the Society of In their Code of Ethics, The Society of Profes- Professional Journalists says, "We the press depend on the public support for all the sional Journalists (SPJ) states that the duty of the journalist is to provide a "fair and com- rights and liberties that are built into the Constitution and the Bill of Rights. When prehensive account of events and issues." The Associated Press Managing Editors (APME) public support disappears, our rights and lib- publishes a Newsroom Ethics Policy. In it, edi- erties disappear." tors of the Associated Press write that journal- WHO WATCHES THE MEDIA? ists should "inform readers of events and facts that are important to their participation in a A number of independent, non-profit media democracy." They should "expose wrongdoing "watchdogs" have been set up to monitor the and misuse of power," serve as a "constructive media. Groups like The Freedom Forum, critic," provide a "forum for the exchange of Accuracy in Media, Fairness and Accuracy in comment and criticism from throughout the Reporting, and the Rocky Mountain Media community," and "advocate the public inter- Watch are generally made up of qualified jour- est." nalists and media critics. They devise guidelines to judge whether journalists, newspapers, But codes of ethics are merely guidelines. or other media groups are victims or perpetra- They are not enforceable laws, nor are they tors of news abuse. These groups scan the easy to apply to the complex, fast-moving press, radio, and television, looking for bias, events that journalists often cover. For exam- inaccuracy, and attacks on journalists' First ple, the SPJ Code of Ethics advises that journal- Amendment rights. ists should: Most of these media watchdog groups stand Identify sources whenever possible. Ques- outside the world of mainstream journalism. tion a source's motives before promising Most media watchdog groups tend to focus anonymity. Test the accuracy of informa- on journalism that unfairly or inaccurately tion from all sources. Be judicious about covers a special-interest group or partisan naming criminal suspects before charges point of view. Their organizations often oper- are filed. ate on a small budget and, beyond their abili- The journalists and editors of the Atlanta Jour- ty to inform the public of a particular point nal-Constitution were pressed with a deadline of view, they offer few concrete suggestions and an explosive, high-profile story in a city for addressing journalistic abuse. pumped up by the Olympics. Should they Many experts believe that self-regulation is have depended solely on the word of law the most effective way to ensure that journal- enforcement officers who told them that ists keep their right to free speech while they Richard Jewell was a suspect in the Olympic fulfill their responsibilities to the reading and Park bombing? viewing public. A number of private founda- The SPJ Code of Ethics advises journalists to: tions have funded studies that focus on problems in the media. A national organization of Resort to undercover methods only after news editors is working with eight U.S. news- all other methods of gathering informa- papers to study issues of media credibility in tion have been exhausted. Be sensitive their communities. Another group sponsors when seeking interviews or photographs town meetings to address community criti- of those affected by tragedy or grief. cism of negative reporting and race stereotyp- Recognize that gathering or reporting information may cause harm. ing. 45 8 CIVIL CONVERSATION

CIVIC JOURNALISMMAKING CONNECTIONSOR LOSING PERSPECTIVE?

Many people believe that our nation's civic life is in disrepair. They pointto declining voter registration and poor showing at the pollson election day. They contend that many Americans feel they have no control over the quality of life intheir community. They also believe that the media, by emphasizingnegative news, may be feeding thissense of helplessness. A 1994 survey reported that 71percent of respondents feel that the media stand "in the way of America solving its problems."

Civic journalism is a new form of journalism thatseeks to help citizensovercome their sense of helplessness. Rather than discourage citizens from caring, civicjournalists attempt to broaden news coverage by giving citizensa voice. Civic journalism encourages citizens to make news by looking closely at communityproblems and taking actionto address them.

For example, the Charlotte, North Carolina,Observer joined local radio and televisionsta- tions to take an in-depth look it crime in the city'sneighborhoods. Reporters teamedup with citizen panels to determine thecauses of crime. The paper sponsored town meetings where citizens could discuss solutionsto crime and plan programs that would involve the community. Later, the Observer publisheda follow-up series that evaluated the effectiveness of their community crime-fighting efforts.

The Sioux Falls Argus Leaderwrote a series on the economic threat to rural South Dakota communities. Reporters searched for solutions by profilingsuccess stories in three rural communities. The Argus Leader called for communitiesto join a citizen-involvement initiative called "Community on the Rise." Thepaper arranged for a specialist on rural development to work with the community.

Civic journalism attempts to communicate withthe reader in a variety ofways. The objective is not just to reportonor solvea problem. Civic journalism helps produce better news coverage by building a two-way street between thenews organization and the community it serves.

Critics point to another principle of journalism.News organizations have a responsibilityto stand back from the news, to observe,report, and analyze events and issues. They believe that civic journalism attemptsto shape the outcomes of community effort. Theyargue that active participation in the events and issues ofa community destroys a journalist's ability to report the news fairly and accurately.

Other journalists are concerned with the added burdenthat public journalism placeson newsroom resources. Conducting polls, surveys, and community forums takestime and energy away from covering the news of the day. They fear that civic journalismcreates-the potential for conflict of interest. For example, what ifa media organization endorsed a project that failed or had adverse effectson the community? Would journalists be in a position to report that project's failure? Could a reporter fairly and accuratelyreport both sides of a community issue if his or her editorwas promoting a project to address the same issue?

Should the media move closer to the community theyserve? Or should journalists stay ata distance in order to ensure thatnews coverage is objective?

46 The New York Post assigned a young reporter SOURCES FOR CHAPTER 2 to cover TWA's handling of the crash of Flight 800. Should she have used deception to Inquisition in Manta: Drooz, Deborah, "Richard Jewell's Rights,' Lm Angela Daib, Journal, Nov. 13, 1996, p.6 "The Duty to Inform," editorial in The Atlanta Journal and gain access to the grieving families of victims? Constitution, Aug. 22, 1996, p. 16.Fosket, Ken, "Leak about Jewell Still a Mystery," The Atlanta Journal and Constitution, Dec. 20, 1996, p. 21 Harrison, Eric, 'Tearful Jewell Under "Public Service" the APME's Newsroom Describes Three-Month 'Nightmare,'" Los Angela Times, Oct. 29, 1996, p.I. Harrison, Ethics Policy declares that "the role of the press Eric and Dwyre, Bill, "Olympic Bombing Stuns World,' Los Angela Tima, July 28, suggest[s] a special responsibility to operate in 1996, Section A, p. I. Rosenberg, Howard, "The Lesson of Atlanta Inquisition,' LOs Angeles limes, Calendar Section, Oct. 29, 1996, p.1.Satil Stephanie, and Ciolli, Rita, "88 the public interest." APME advises that jour- Days of Fear," Newsday, Oct. 29, 1996, p.3. Shepard, Alicia C., 'Going to Extremes,' nalists should: American Journalism Review, Oct. I9%. Wood and Grant, Esq., "Jewell Legal Suit Excerpts," The Atlanta Journal and Constitution, Jan. 29, 1997, p. C4.Advertising and Provide the information citizens need to the Media: American Society of Magazine Editors, °Guidelines for Advertising Pages make informed decisions and participate and Special Advertising Sections," Eighth Edition, July 1996.Auletta, Ken, "Demoli- tion Man," The New Yorker Nov.17, 1997 p. 40. Baker, Russ, "The Squeeze," Columbia effectively in civic life. Serve as watchdogs Journalism Review Sept:Oct. 1997.Colford, Paul, "Whose Copy Is lt, Anyway?," lid of the major institutions of society, moni- Angeles Times, June 5, 1997, p. El. Rappleye, Charles, 'Cracking the Church-State Wall,' toring the conduct of the public's busi- Columbia Journalism Review, Jan:Feb. 1998. Schwarz, Ted, Fere Speech and False Profits, Pilgrim Press, Cleveland, 1996. Underwood, Doug, 'It's Not Just in LA.,' Columbia ness in government and the private sec- Journalism Review Jan.-Feb. I998. Ward, Hiley, Mainstreams ey'American Media History, tor. Allyn and Bacon, Boston, 1997. Tabloid!: Abrams, Gary, 'Tabloids and the Lawyers Who Defend Them," Califsrnia Law Business Oct. 13, 1997, p.16. Case, Tony, "Staged The CNN reporter who questioned retiring Journalism," Editor & Publisher, March 25, 1995, p. 11. Case, Tony, "Photo Illustration Senator Bill Bradley was trying to make her on Page One Story," Editor Cr Publisher, Aug. 31, 1996, p. 3.Johnson, Edna Boone, "Not All Tabloids are Created Equal, But They're Sure to Sell; The National Forum, interview upbeat and interesting. Should she Sept. I, 1994 p. 26. Noah, Timothy, Ackerman, Elise, and Vest, Jason, "All Steve Coz have asked Senator Bradley questions about Wants is a Little R-E-S-P-E-C-T," U.News er World Report, SeptI5, 1997 Sacks, crime, education, and the nation's economy Andrea, "Mud and the Mainstream,' Columbia Journalism Review, May-June, 1995.Ward, Hiley, Mainstreams ((American Media Historj% Allyn and Bacon, Boston, or about political duels on Capitol Hill? 1997.Zoglin, Richard, "The News Wars on TV and Radio," Time, Oct 21, 1996, p. 58. Undercover ABC Goes Lion Hunting: Baker, Russ W., "Truth, Lies, and Video- Paul McMasters, the Freedom Forum First tape: 'Prime Time Live' and the Hidden Camera," Columbia Journalism Review, Amendment ombudsman, believes that jour- July-Aug., 1993.Singer, Amy, "food, lies & videotape,' The American Lawyer, April 1997 Gunther, Marc, "The Lion's Share,' American Journalism Review, March nalists must act quickly to improve their repu- 1997 McArdle, Thomas, "ABC's Food Lyin'," National Review, Feb.10, 1997, p. tation. If distrust continues, "it will be a trav- 42.7 Powers, William, "Media Rex," The New Republic, Jan. 20, 1997 Spencer, Peter L, esty for the public," McMasters claims. "A "Is Your Supermarket Good Enough?," Consumers' Research Magazine, Feb. 1, 1996, p. law that is meant to help a future Princess 10. Negative Local News: If It Bleeds, It Lea& Bowers, Andy, Edwards, Bob, "Media Both Sensationalizes Crime and Serves Audience," National Public Radio, Diana will be abused to restrict coverage that Morning Edition, Dec.17, 1993. Braxton, Greg, "Ratings vs. Crime Rates," Los Angeles might expose corruption or malfeasance." lima, June 4, 1997, Metro, p. I. Douglas, Susan, °Body-bag Journalism,' The Progressive, McMasters believes that "freedom of the press April I, 1997, p.19. Johnson, Steve, "How Low Can TV News Go?,* Columbia Journalism Review, July-Aug., 1997Klite, Paul, "Local TV News in America,' Rocky Mountain in the United States depends as much on how Media Watch, Feb. 26, 1997.Mazingo, Sherry, et al, "Content Analysis of Local News we fulfill our responsibilities [as journalists] as Programs in Eight U.S. Television Markets," Consortium for Local Television Sur- it does on how we exercise our rights." veys. Rosenberg, Howard, "Where Crime Does Not Play,' Los Angda lima, June 23, 19%, Calendar, p. 5. Are the Media Biased?: Lee, Martin and Norman Solomon, "Media Bias Detector," Fairness and Accuracy in Reporting, www.Fair.org/fair. Lon- don, Scott, "How the Media Frames Political Issues," The Kettering Foundation, POINTS OF INQUIRY Jan.1993.Levite, Allan, "Bias Basics," National Review, Oct. 28, 1996, p. 63.Who Watchcs the Media?: Lowrey, Wilson, et at, "The People, the Press, and their Leaders,' 1. List some reasons experts give for the May 1995, Times-Mirror Center for the People and the Press. Schwarz, Ted, Free Speech breakdown of public trust in the and False Profits, Pilgrim Press, Cleveland, I9%. Shaw, David, 'Beyond Skepticism," Los Angeles Times, April, 19, 19%, p. 1. Society of Professional Journalists (SPJ), "Ethics in media. Journalism: SPJ Code of Ethics," Sept. 1996. Civic Journalism: Levine, Peter, 'Public Journalism and Deliberation," Philosophy and Public Nay Winter 1996, p. 1. Hoyt, 2.Do you think laws should be passed to Mike, "Are You Now, or Will You Ever Be, a Civic Journalist?,* Columbia Journalism control the media? Why or why not? Review, Sept.-Oct. 1995. Buckner, Jennie, "Public Journalism: Good or Bad News?,* Tbe Charlotte Observer, Oct.19, 1996, p. 19.Fouhy, Ed, Remarks made at Batten Symposium, 3. What is a code of ethics? How could a Pew Center fir Civic Journalism, September 13, 1996. code of ethics help restore trust in the media?

8 9 47 C H FREE PRESS/FAIR TRIAL A P The Media and High- Supermarket tabloids, tabloid TV, and the mainstream press all competed for scoops. T Profile Court Cases Many stories appeared ("Murder weapon was E gardening tool," "Bloody ski mask found at In all criminal prosecutions, the accused shall enjoy murder scene," "Prosecutor at crime scene R the right to a speedy and public trial byan impar- before warrant issued") that later proved false. tial jury.... The press sought out witnesses before theytes- Sixth Amendment to U.S. Constitution tified. The tabloid press even paidsome wit- 3 n the American criminal justice system, a nesses for their stories. Idefendant is entitled to a fair trial. The Selection for trial jurors began in late Septem- judge should be evenhanded, the witnesses ber. It didn't conclude until early December, truthful, and the jury should base its verdict because the judge conducted a careful selec- solely on the evidence presented in court. The tion process, attorneys challengednumerous criminal trial, governed by rules of evidence, jurors, and it was difficult to find jurors who is not supposed to be influenced by events had not formed firm opinionson the case. outside the courtroom. In most cases, it isn't. But when a case When the trial began in January 1995 before attracts publicity, Judge Lance Ito, more than 1,000 journalists the criminal justice were covering the story. It took 80 miles of system faces prob- cable to reach all the media trucks parked out- lems. side the courthouse. Many television stations carried gavel-to-gavel coverage of the trial. A Perhaps no case bet- small army of legal experts provided commen- ter illustrates some tary for television and radio. For nine of these problems months, until Simpson's acquittal, the trial than the trial of captured the media's full attention. CNN's O.J. Simpson, the ratings soared. The National Enquirer added former football star 500,000 new readers. And the criminal justice and well-known system endured one of its severest tests. celebrity. In June The trial raised many issues. We'll look at Millions watched 1994, Simpson was charged with murdering on television as his ex-wife Nichole and her friend Ron Gold- threepaying witnesses, ensuring an impartial O.J. Simpson's car man. The story attracted immediate media jury, and televising trials. led police on a low- interest. When Simpson disappeared from MEDIA-PAID WITNESSES speed chase on Los where he was supposed to be arrested and Angeles' freeways. took police on a low-speed (and nationally The night the murders took place, Jill Shively televised) chase on Los Angeles freeways, the said says her car almost collided with-a car media exploded into a frenzy. Thiswas "the driven by 0.J. Simpson close to Nicole Simp- most famous person ever tried for murder." son's house. She is the only witness to-place His trial would be the "trial of the century." Simpson near the murder scene. She testified at a grand jury hearing before the trial. But The prosecution and defense teams fed stories prosecutors learned that Shively had been to the media. Members of the district attor- paid $5,000 by "Hard Copy" (a tabloid TV ney's office went on camera and declared show) before she testified. Because of this, Simpson guilty. The media repeatedly played they never called her as a witness at the trial. tapes of a 911 call for help that Nicole Simp- son had made a year previously. The defense Jose Camacho, a clerk in a knife store, said leaked a story that a racist cop had planted that six weeks before the murders he sold O.J. 48 evidence. Simpson a 15-inch knife. After he testified to 9 0 the grand jury, he said the tabloids hounded him for his story. He sold it to the National Enquirer for $12,500. Because he had sold his story after he testified to the grand jury, the prosecutors let him testify again. But on cross-examination, a Simpson defense attorney attempted to discredit his testimony by asking him many questions about how he sold the story. Many attorneys think that jurors distrust witnesses who sell their stories. They're paid for telling an exciting story, and they might enhance their story to get more money. Some people might even lie. Most mainstream news organizations don't pay for stories. Tabloids do, and they make no apologies. They say mainstream news organizations may not pay money, but they offer During the Simpson murder trial, guards at the people tremendous media exposure. They also L.A. Criminal Courts Building read a tabloid point out that the government has been "pay- showing gruesome pictures of the crime scene. ing" witnesses for years by offering criminals lesser sentences for their testimony. likelihood" that a fair trial will not Following the Simpson trial, the California occur, judges must act to protect their courts from legislature passed a law making it a crime for outside influence. Since the Sheppard news organizations to pay anyone who is a case, judges have relied on various remedies witness to a crime before a trial is over. Vari- to combat the effects of press publicity ous media groups immediately sued to stop on jurors. enforcement of this law. They say the lawgoes too far. There are many crimesfrom domes- In the Simpson case, Judge Ito primarily used tic violence to campaign financing violations. three of these remedies: He conducteda rigor- Significant stories might go unreported. ous voir dire, the examination of prospective jurors. All jurors had to complete lengthy Further, in special cases, like the Simpson written questionnaires as well as undergo case, a judge has the power to issue a gag extensive oral questioning. This process order on witnesses. This would prevent all wit- helped exclude those with prejudiced view- nesses at that trial from talking to the media points and those seeking fame or fortune about the case. There's no reason, therefore, through serving on the jury. Even for creating this law, say its opponents. so, the judge ultimately had to use alternates to ENSURING AN IMPARTIAL JURY replace several jurors, one of whom was allegedly writing a book. Finding an impartial jury is oftena problem in high-profile cases. Jurors must base their Once the jury was selected, Judge Ito verdict solely on what they observe incourt. sequestered, or isolated, the jury. Jurymem- In 1966, the Supreme Court in Sheppardv. bers lived and ate their meals ata hotel. They Maxwell reversed the murder conviction ofa were shielded from all the Simpson media wealthy Cleveland doctor. The trial judge had coverage and most contact with the outside done little to weed out jurors who had world. But sequestration puts great strainon formed fixed opinions from pretrial publicity jurors. Because the trial lasted so long, the or to shield them from the media circus that judge allowed jurors occasional visits from took place during the trial. The Supreme their spouses. Court held that when there is a "reasonable 91 Throughout the trial, the judge admonished sensational case, promoted in the media as the jury not to get any outside information. the "trial of the century," drew hordes of Before the jury began deliberating, he reporters to the small New Jersey town where instructed the jury to base its verdict solelyon the trial was held. Apparently without the the evidence presented at the trial. judge's knowledge, a sheriff allowed a newsreel Judge Ito rejected or could notuse other camera to film the trial on condition that remedies that judges have tried. A change of nothing be shown until after the trial. When venue, or moving the trial to another area, footage appeared on moviescreens across the wouldn't have helped, because thecase was nation during the trial, the judge banned the highly publicized everywhere. He couldn't camera. Though Hauptmann was convicted, grant a continuance, or a delay, of the trial some questioned whether he received a fair until the publicity died down, because the trial. Following the trial, the American Bar defense insisted on its Sixth Association, the foremost national organiza- Amendment right to a speedy tion of lawyers, recommended thatcameras trial. Nor could he take direct be barred from courtrooms. action against the press. The But in the 1950s a few Western states beganto Supreme Court has ruled that experiment with televising trials. In 1965, after the media have a First a highly publicized televised trial in Texas, Amendment right to attend financier Billie Sol Estes appealed his swin- and report on trials. The dling conviction to the U.S. Supreme Court. court has said this right may At the pretrial hearing, the judge had allowed be limited only if no other a camera crew with bulky cameras, cables, method can ensure a fair and microphones to televise the proceedings. trial. By the time of trial, the cameras had moved But Judge Ito probably could to a booth at the back of the courtroom and, have imposed a gag order on following the judge's orders, broadcast little the attorneys in the case. of the trial. Estes claimed the intrusivepres- Judges may severely restrict ence of the cameras denied him a fair trial. By prosecution and defense a 5-4 vote, the Supreme Court agreed. Four members of the majority concluded that attorneys talking about a case The scene of outside of court if a "substan- broadcasting trials "will inevitably result in another "trial of tial likelihood" exists that it would undermine prejudice." In a concurring opinion that the century" the a fair trial. This order would have stopped the seemed to foresee the Simpson trial, Chief 1935 trial of attorney press conferences that took place Justice Earl Warren warned that television Bruno Richard almost daily, but it may not have prevented might treat trials like footballgames by pro- Hauptmann for leaks to the press as theseare usually impossi- viding "expert commentary" and hiring "per- kidnaping and sons with legal backgrounds to anticipate murdering the ble to trace. possible trial strategy, as the football expert Lindbergh baby. CAMERAS IN THE COURTROOM anticipates plays for his audience." But the fifth justice in the majority, John Harlan, did Judge Ito also could have kept television cam- not want to close the door entirely on televi- eras out of the courtroom. Like in most sion. He said that "the day may come-when states, judges in California decide whether television will have become so commonplace" television cameras may cover a trial. After to the average person that it will no longer much deliberation, the judge permitted the disrupt the judicial process. cameras. This was becoming a common occurrence in state courts. Following the Estes v. Thugs decision,cameras disappeared from courtrooms. But within 10 It hadn't always been so. Cameras got a bad years, improved technology made cameras reputation following the 1935 trial of Bruno smaller and less intrusive. Television for the Richard Hauptmann for kidnaping andmur- average person had become commonplace. der. The victim was the baby of American avi- And courts in Florida started experimenting 50 ation hero Colonel Charles Lindbergh. This with television again. In 1981 in Chandlerv. Supporters ofcam- Florida, the Supreme Courtonce more faced eras say these argu- the question of televisioncameras in the ments don't match courtroom. Two Miami police officers,con- reality. Studies of victed of burglary, appealed their convictions televised trials have because the judge had allowed television cam- shown thatcameras eras in the courtroom. A unanimous Supreme don't affect thepar- Court upheld the convictions,saying that the ticipants. In the mere presence of cameras did not make the Simpson case, the trial unfair. Accordingto the court, the defen- attorneys on both dants must show that the mediawhether sides didn't alter print or broadcastprejudiced thetrial. This their normal styles decision, in effect, allowedstates to introduce of presentation. JudgeIto, known for letting television in courts. Bodyguards escort attorneys argue every point, did justthat. Wit- defense attorney Forty-seven states adopted rules allowingcam- nesses in high-profile cases will become Johnny Cochran eras. Federal courts even experimented with instant celebrities withoutany cameras. Wit- through a maze of media at the O.J. them. Then came the Simpson trial.In its nesses can read about other witnesses'testimo- Simpson trial. wake, many who had favoredtelevising trials ny in the newspaper just as easilyas watching began to have second thoughts. Allthe high- it on television. Studies showthat jurors take profile cases conducted in itsaftermath their jobs seriously and donot cave into pub- Susan Smith's trial for murderingher two lic opinion. Juries will alwaysbe second- sons, the second Menendez murder trial, the guessedwhether or not thereare cameras. trial of Yolanda Saldivar formurdering pop The circus in the Simpsoncase took place singer Selenawere conducted withoutcam- outside the courtroom (as itdid in other eras. The federal judiciary ended its experi- recent non-televised, high-publicity trials). ment with cameras. Much of the criticism of thecriminal justice system following the Simpsoncase can be The arguments against cameras echo those attributed to justifiableconcerns, such as the expressed in the Estes decision. The camera extraordinary length of the trial(which Cali- changes how trial participants act. Lawyers fornia courtsare known for) and the mishan- and judges play to thecamera and prolong dling of evidence by the policelaboratory. the trial. It creates instant celebrities out of Most public opinion polls takenafter tele- witnesses who may fear the large television vised trials showan increase in respect for the audience or may crave the attention.Witness- justice system. es, normally excluded from thecourtroom, may be able to watch other witnesses testify POINTS OF INQUIRY and change their testimony accordingly.The jury, recognizing that many people are watch-. 1. Do you think there should belaws ing, may cater its verdict to popular opinion. against media organizationspaying wit- The television audiencemay consider itself nesses? Explain. the 13th jurora jurormore informed than 2. the actual jury because itmay see evidence the The article mentions severalremedies jury doesn't and it hears theinformed com- that judges can taketo ensure an impartial jury. Which do mentary of legal experts. Hence the jurymay you think are the lose its authority and verdictsmight be sec- most effective? The least effective? Why? ond-guessed. The public isn't educated by 3. What are the advantages ofcameras in these trials. It watches for entertainment. Tele- the courtroom? The disadvantages?Do vision turns a serious trial into a media circus you think they should be allowed in the and makes the public think thejustice system courtroom? Explain. doesn't work. In Ext. opinion pollsfollowing 4. the Simpson trial showed thepublic had lost What other problems doyou think high- faith in the criminal justicesystem. ly publicized casescause for the justice system? 93 51 Inlormation-Age Checklist: Research FILTER Since it's the Information Age, we all haveaccess to a lot of information. But it takes skill to sort through it all and find exactly whatyou want to know. Use the tips in FILTER when you researcha subject. They will make your research much more efficient.

ocus. Before you go looking for information, write down exactly whatyou are Flooking for. This will help you guide yourself through thevast ocean of inforrna- tion. It will also help when you ask a reference librarian for help, whenyou do searches on the Internet, and whenyou interview experts. I nternet. Use keywords for looking on a search engine, like Hotbot (www.hotbot.com), or use an Internet catalog, like Yahoo (www.yahoo.com), whichallows you to keep narrowing down your subject until you find what you want. Search engines will return many hits, most of them useless. Ifyou find nothing after looking at 20 hits, try different keywords. All Internet search engines andcatalogs have pages giving search tips. Take a few minutes and study them. You'llsave time in the long run. When you find a good site, check its reliability (useSEARCH on page 71). In general, the most reliable sitesare run by the media and government. We have listed useful links for Internet researchon Constitutional Rights Foundation's web site (www.crf-usa.org).

ibrary. This should be your majorresource. For best results, try the main branch LI.of your public libraryor a college library. Ask the reference librarian to point you in the right direction. Look for different kinds ofsources, e.g., encyclopedias, books, magazine and newspaper articles. And ifyour subject is controversial, get different viewpoints. Your library will probably haveseparate computer catalogs for books and periodicals. When you finda relevant book or article in a catalog, the catalog will list additional subject headings. Search under theseheadings as well. ake notes. Put them in your own words. Write clearly andon one side of the Tpaper only. Use a spiral notebook or note cards. Note cards are useful if you're doing a research paper because you can putone point on each card and sort the cards point by point. If you use a notebook, leave wide marginsso you can add notations. xperts. In.your research, keep track of names of people and organizations Einterested in your topic. These can be the authors of books andmagazine articles, reporters, government officials, and non-profitgroups. On the Internet, you can search for organizations, and one siteAsk an Expert (www.askanexpertcom) lets you send e-mail to experts in various fields who will respondto questions. You can also find organizations in Gale's Encyclopedia of Associations (at libraries) and in your local phone book. If you findan expert, write the person or organization a polite note with two or three questionsyou want answered. If the expert is local, call and try to set up a brief interview. Why willexperts talk with you? Because they're interested in the subject. If you showan interest, they likely will respond.

ecord. Write down each of your sources. Keep track of where you've looked, Reven dead ends. That will keep you from unwittingly searching the same place 52 twice. Protecting News Sources

Pro get news stories, reporters interview people. Sometimes people will only talk off the record, because they don't want their names mentioned in the media. This is especially true when reporters are investigating crimes. A woman working for a company that pollutes may fear losing her job if she tells a reporter what she knows. A man who has inside information on organized crime may fear for his life if he talks to a reporter. Yet they both may talk if the reporter can promise that their names will never be revealed. Many investigative news stories, containing information of vital public interest, leges, husbands and wives, attorneys and Does the First have resulted from reporters promising not to clients, and doctors and patients would not Amendment protect journalists from betray how they got the information. It's trust each other. testifying at trials? become part of a journalist's code not to For many years, journalists have argued that reveal sources. they should have a similar privilege. About 30 Yet this refusal to reveal sources can conflict states have adopted so-called "shield laws," with the criminal justice system. At trials, which offer reporters some protection from almost anyone called as a witness must testify. testifying. They vary widelya few giving This is basic to our system of justice. The reporters absolute immunity from testifying, Sixth Amendment to the U.S. Constitution most offering limited protection. Some apply grants criminal defendants the right to call only to full-time media reporters; others witnesses to testify. include freelance reporters as well. Congress has never enacted a shield law for federal May a reporter who is called to testify at a courts. With protection limited, reporters trial refuse because the reporter doesn't want sometimes face the difficult decision of going to betray a source? to jail or testifying and betraying a source. In ordinary circumstances, if a person refuses Journalists say that they should never have to to testify, the judge can hold the person in make this decision. They argue that forcing contempt. This can result in jail time and them to testify violates the First Amendment, fines until the person agrees to testify. which guarantees a free flow of information. But there are exceptions. The Fifth Amend- Making reporters testify restricts information, ment gives every person the right to refuse they argue, because many sources won't talk "in any criminal case to be a witness against with reporters without promises that their himself." All states have adopted various names will not be revealed. In 1972 in privileges, derived from traditional English Branzburg v. Hayes, the U.S. Supreme Court common law. Thus the husband-wife privilege took up the question whether the First allows spouses not to testify against one Amendment shields reporters from testifying. another. The attorney-client privilege prevents Branzburg involved three separate cases, which lawyers from testifying about what their the court put together because they presented clients tell them. The doctor-patient privilege the same issue. In one case, a reporter had keeps doctors from revealing their patients' written a series of articles on drug abuse secrets in court. Courts and state legislatures based on his interviews with drug users. In allow these privileges even though important another case, a reporter had written extensive- testimony will be lost. Without these privi- ly about the Black Panthers, a radical black 53 CIVIL CONVERSATION

HOW WELL DO THE MEDIA PORTRAYCRIME AND THE CRIMINAL JUSTICE SYSTEM?

Many people depend on the media for information about crime and thecriminal justice system. The media can sometimes, however, presenta rather distorted picture. For example, take a few seconds and judge whethereach of these statements is TRUEor FALSE: 1. People over 65 years of age fall victimto more violent crimes than any other agegroup. 2.One of the most common violent crimes is fora child to be kidnaped by a stranger. 3. The average police officer firesa weapon at least once a month in the line of duty. 4.Each year more than 1,000 police officers dieon the job. 5.When prosecutors drop acase, it's usually because the judge has excluded important evidence. 6.About 20 percent of all criminalcases end with plea bargains; the rest go to trial. 7. Few prisoners in maximum-security prisons belongto gangs. 8.Compared to other countries, the United States hasa small percentage of its population in prison.

We'll now take a look at theanswers. If you get most of them right, that's excellent. But the media could easily have ledyou to answer incorrectly. Let's see why.

The first two statements deal with crime victims.Both are false. Those 12-15years of age experience the most violent crime. The elderlyas a group actually experience the least. Fewer than 5,000 children are kidnaped bystrangers each year (compared to the more than 2 million violent crimes thatare committed each year). But the media tend to focuson more helpless crime victimssuchas the very young and very oldand on terrifying crimes. They make compelling stories. Itmay make you think these types of cases are common. Statements 3 and 4 involve the police. Bothare false. Many police officers never fire their weapons (except on the firing range) their wholecareers. Any officer who shot a gun once a month would likely be dropped from the force.But in movies and television, the police often engage in gun fights. Whenan officer dies, this makes big news. This may leave the impression that it's a commonoccurrence, but statistics show that about 150 die on the job each year.

Statements 5 and 6 concern the prosecution of criminalcases. Both are false. Prosecutors drop many cases. But it's because either they don'thave enough evidence or witnesses won't cooperate. Less than 1 percent of the cases are dropped because evidenceis excluded. In movies and television dramas, however, judges constantlyseem on the verge of throwing out evidence and ruining cases. As for trialsversus plea bargains, in most places more than 90 percent of all cases end in a plea bargain instead ofa trial. But trials are much more dramatic (and easier to cover), sonews stories and dramas focus on them. Statements 7 and 8 relate to the correctionssystem. Both are false. A large percentage of prisoners belong to gangs. It's almost necessary for survival. Asto the percentage of priscifiers, only Russia has a higher percentage of its populationbehind bars. People might get these answers wrong because, of all the parts of the criminal justicesystem, the media pay the least attention to prisons. Numerous reporterscover crime, police, and the courts. Almost no one covers prisons. It would be a difficult beat. Of the recent movieson prisons, some have shown prison gangs. But most either ignoregangs or are about previous eras when gangs weren't so dominant.

With the media focusing on sensational and dramaticstories, it's easy for people to get wrong impressions on crime and the criminal justice system. Doyou think these false impressions could affect how people view important policy 54 questions on the justice system?

C) group who federal authorities in San Francis- strangely enough, Branzburg hasbeen inter- co were investigating about a possible plan to preted by lower courtsto give reporters a lim- assassinate President Nixon. The finalcase ited privilege against testifyingmuchlike involved a reporter who had spent one night what Justice Stewart proposed.This is because at a Black Panther headquarters in Bedford, of how the justices voted. Thejustices split Massachusetts, waiting for a police raid, four-to-four. Powell, the swingvote, voted to which never took place. All three reporters compel the reporters in thiscase to testify, had been called to testify before grand juries. but stated that the First Amendmentdid give None of the reporters was protected by shield reporters a limited privilege not to testify. laws. All three refused to testify, citing the First Amendment. POINTS OF INQUIRY In a 5-4 decision, the court declared that the 1. Why is it reporters wantto keep their reporters must testify. Writing for four of the sources confidential? Do you think this justices in the majority, Justice Byron White is important to reporting said that the First Amendment does news stories? not pro- Explain. tect reporters or the "average citizen from dis- closing to a grand jury information that he 2. Why does the law require almostevery- has received in confidence." He added:"We one to testify at criminal trials? cannot seriously entertain the notion that the 3.What were the four opinions First Amendment protectsa newsman's agree- given in the Branzburg case? Which, if ment to conceal...evidence... on the theo- any, do ry that it is better to write about crime than you agree with? Why? to do something about it." White didsay that shield laws were permissible and thatreporters must be called to testify for valid reasons and SOURCES FOR CHAPTER 3 not for harassment. The Media and High-Profile Court Cases: Bunker, Matthew D..Justia and the Media: The fifth justice in the majority, Justice Reconciling Fair Trials and a Free Press,Lawrence Erlbaum Associates. Mahwah, New Jer- Lewis icy, 1997.. Kane, Peter E.,Murder. Courts, and the bur hues he Free PrewFair Trial, Powell Jr., wrote a separate concurringopin- Southern Illinois University Press, Carbondak, 1992.Shaw, David. "Obsession: Did ion. He said that, although he agreed The Media Overfeed a Starving Public?"LasAngelis noes,October 9 1995, Special Sec- with the tion, p. LSpence, Gerry,O.J. : The latti Word. St.Martin's Press, Nese York, results in this case, a balancemust be struck 097. Butleigh, Nina, "Preliminary Judgments,"ABA formal.Oct. 1904. p.53.Sbep- pard ts Maxwell, between press "freedom and the obligation U.S. Supreme Court. 384 U.S. 333, 1966.Esiaft &us U.S. Supreme of Court, 381 U.S. 532, 1965. Chandke 74Florida,U.S. Supreme Court. 449 U.S. 560,

1981'. all citizens to give relevant testimony." Protecting News Sources:Branzburg rsHayes, U.S. Supreme Court. 408 US. 665, 1972. Moore, Roy L,Mass Communkation Law and Ethics,Lawrence Erlbaum Associ- Writing for three of the dissenters, Justice Ares, Hillsdale. New Jersey, 1994.Zelezny, John D.,Commitnications Law: Liberties. Pot- Restrains,, and the ModernMedia, Wadsworth Publishing Company. Belmont, Calif., ter Stewart stated: "The right to gathernews 1993. Holsinger, Ralph, and John Paul Dills.MediuLam McGraw Hill. New York, implies... a right to a confidential relation- 1997. How Well Do the Media Portray Crime and the Criminal Justice System?: Shaw, David, "Headlines and High Anxiety." Las AngdoTimes.Sept 11. 1994. p. ship between a reporter and his source."Stew- 1. Bureau of Justice Statistics, www.oip.usdoi.gov/bis/ art proposed that before a reporter should be forced to testify, thegovernment must show (I) the reporter has information relevantto a crime, (2) the informationcannot be ob- tained in other ways, and (3)a "compelling and overriding interest in the information." The fourth dissenter, Justice William0. Dou- glas, believed a reporter couldnever be forced to testify. He said: "... absent his involvement in a crime, the First Amendmentpro- tects him...and if he is involved ina crime, the Fifth Amendment standsas a barrier."

When Branzburg was decided, thepress thought it had suffered a major defeat. But 55 9 7 THE MYTH MAKERS A Myths, Rumors, and "Who's this?" creaked thevoice. Legends "just a friend," he said. "I don't know who put youup to this, but it I tcan happen sitting around a campfire, or is a very cruel joke," the voice shrieked. at a slumber party, or just hanging out on a "Everybody knows my daughter Jamie died in "nothing happening" Friday night. Some- a car crash on State Highway in 1959." body begins to tell a story... The phone clicked dead. 4 This happened to a guy in Woodbridge. My cousin told me about it and he swears it's The next day the guy and a couple of his true. This guy was driving down the old State friends decided to check it out. They went to Highway, coming home late after the home- the city cemetery. Sure enough, there nextto coming dance. Suddenly, in his headlights, he the main gate on Cemetery Roadwas Jamie's saw this girl hitchhiking on the side of the grave. But that wasn't the weirdest part. road. Thinking she had car trouble, and Sitting on top of her tombstonewas the white because no one carnation. was around, he * * * pulled over and stopped. The girl What you have just read is an urban legend, asked him for a sometimes called an urban myth. It is called ride into town. the Vanishing Hitchiker. It has been told in various versions for many years all around the "Sure," he said, United States. It has been featured in movies "hop in." and television shows and served as the basis She was really of popular songs. pretty and nice, Urban legends are really modern folklore. but she was Folklore is often defined as material that is dressed kind of verbally communicated from generation to weird. They were generation in various social groups. Social talking and stuff, groups change the material to fit their own and he realized he cultural needs or regional differences. Folk- Myths and legends really liked her. When they got to town, she often express lore can include stories, rhymes, proverbs, asked him to pull over at the corner of Jack- commonly held fears riddles, songs, and anecdotes. about death, disease, son and Cemetery Road. She said she lived or disasters. near there, but didn't want to drive up in Urban legends are very similar, but are usual- front of her parents' house in a strangecar. ly said to be true. They alsopass from person to person and from region to region, often He asked her for her phone number and she orally. Of course, in our media age,-the stories gave it to him. He reached over and took the are often helped along by newspaper columns white carnation off his jacket and handed it and television and radio broadcasts. Theyare to her. She kissed him on the cheek, then she found in various versions in different times was gone. Her name was Jamie. and different places. Many times, these tales, The next night he was really nervous, but though seemingly modern, have very old ori- dialed her number anyway. After about 10 gins. For example, in the Vanishing Hitchhik- rings, a voice answered the phone. It sounded er story, versions have been found in which a kind of old, so he thought it must be her person in a horse-drawn carriage stopped to grandmother or something. "May I talk to pick up the stranded spirit. 56 Jamie?" he asked. 38 -

.14* t'-

opl The 1996 crash of 11,4, TWA Flight 800 led to a flurry of rumors about its cause.

ELEMENTS OF AN URBAN LEGEND the police. As it turns out, he found three human fingers lodged in the dog's throat and Although urban legends can be very different, assumed there must be a burglar in the house. they often share common characteristics. An The police arrive and find the culprit, bloody urban legend may: and unconscious in the closet. 1. Appear suddenly and spread widely, often This legend contains elements of horror and in different versions. strange punishment for misdeeds. It sprung 2.Have elements of humor or horror. up quite suddenly in 1981 in a Phoenix paper, which set the story in Las Vegas. Research 3. Contain moral content, such as when a revealed that no such incident actually took character in the story is punished or place, but elements of the story go back to humiliated for breaking social rules or ancient fables in England. traditions, sometimes by bizarre means. The Poodle in the Microwave: In this story, 4. Express societal anxiety about common a woman gives her pet toy poodle (or some- fears, such as death, technology, disease, times, her cat) a bath. Having recently pur- or modern living. chased a microwave oven, she is amazed how 5. Contain an element of truth, but rarely, if quickly and efficiently the appliance works. ever, have actually happened. Deciding to experiment, she places her pet in the microwave to dry it. The animal explodes. Jan Harold Brunvand, a recognized expert in folklore and urban legends, has collected Like other legends, research fails to find any many tales that demonstrate these characteris- proof that this incident ever took place. It tics. For example: does express fear and anxiety about a new technology that was just coming into com- The Choking Doberman: A woman returns mon use when the story first appeared. home and discovers her large dog, a Dober- man, choking for air. She rushes him to a vet- Alligators in the New York City Sewers: erinarian who performs an operation to According to this legend, a number of years remove the obstruction. The woman returns ago, New Yorkers would vacation in Florida home to wait and finds the telephone ringing. and bring home "live baby alligators" for pets It is the veterinarian calling. He tells her to or as children's souvenirs. But once the cute get out of the house immediately and to call baby alligators turned into bigger alligators, 9 people decided to dispose rumors began to spread that the plane had of them. So they flushed been accidentally shot down by the U.S. Navy them down the toilet. In or hit by a missile fired by terrorists. The the sewers, they grew into rumors fueled speculation that the govern- huge alligators often fright- ment was engaged in a cover-up of the inci- ening city workers and dent. Federal authorities, including the FBI, sometimes emerging from fully investigated the claim for 16 months and manholes. No matter what found no basis for the stories. the city does, it still can't rid the sewers of the beasts. For years, the Procter and Gamble company was plagued by false rumors that its logo was This legend contains ele- an occult symbol and that the corporation ments of horror, anxiety somehow promoted devil worship. The about modern city living, rumors spread by word-of-mouth, mail, and and a moral about not tak- fax and hurt sales among some Christian ing wild creatures out their groups. Every time the company countered own environments. Though the rumors, they popped up again. Eventual- there is no evidence that ly, the company was forced to mounta major there are really alligators in public-information campaign costing millions New York City sewers today, the storymay of dollars. have a basis in fact. According to anthropolo- gist Loren Coleman, a 1935 New York Times More recently, the makers of Snapple Ice Tea article reported that youths, whowere shovel- had to take similar measures to counter wide- ing snow into a manhole, saw an alligator spread false rumors that the labelson their below and that the creaturewas killed by res- bottles contained a representation ofa slave cuers. ship. The rumors damaged sales among African-Americans and forced the company Finding an actual source for an urban legend to implement an expensive public-relations is unusual. Most of the time, people telling effort. the story, though they may be convinced that it is true, will say they heard it froma friend Urban legends and rumors are a part of life. or read it in the paper. When that source is Though often not true, they tell us something checked out, there are similar results. Rarely about the society in which we all live. While can the actual event or the people involved be it might be fun to tell and hear tall tales and verified. spread rumors, the listener should beware about how much to believe and careful about THE RUMOR MILL passing them along.

Similar to urban legends are somethingwe are all familiar with: rumors. We hear themat POINTS OF INQUIRY school and in the neighborhood. Sometimes they are even about us. 1. Based on the descriptions in the reading, have you ever heard an urban leg- A rumor is talk or an opinion that is widely end? If so, what was it? Which of the communicated without a definite source or characteristics did it contain? proof of its truth. Like urban legends, the original source of a rumor is often difficult 2.Have you ever been the subject of a false to pin down. Rumors, however, are not usual- rumor? How did it make you feel? What ly as well developed as an urban legend and did you do about it? usually relate to a person, entity, or event. 3. What advice would you give to someone And while some are true, many are not. False who believes an urban legend or rumor? rumors can cause great harm to reputations. Soon after the crash of Flight 800, the Paris- 58 bound airliner out of New York in 1996, 1 u CIVIL CONVERSATION BLURRING THE LINES BETWEEN FACT AND FICTION

Movies are a powerful force in American culture. They offerus adventure, drama, and a window on the rest of the world. In recentyears, on television and cable and in thea- ters, there has been an explosion of movies based on real events, both modern and historical. Sometimes called docudramas, they combine elements of the documentaryform, which is supposed to be non-fictional, and drama, which is fictional. Insome cases, this form of movie has come under attack by historians or other experts who claim thatdocudramas can distort history and mislead the public about importantevents. In 1992, producer and director Oliver Stone released his movie JFK,a docudrama on the assassination of President John F. Kennedy in 1963. Basedon the investigations of Jim Garri- son, the one-time district attorney of New Orleans, the movie mixed actualnews footage with purely fictional scenes. It offered the controversial conclusion that thepresident had been murdered as the result of a conspiracy involving high-placed officials in thefederal government.

Historians of the era and actual participants in the events criticized Stone for freelymaking up characters and situations to support his conspiracy theory and for misleading the public about what actually happened. Stone defended his production stating that therewas a basis for his speculations and that the movie-going public could distinguishfact from fiction. He also argued that even Shakespeare in his historical plays freely rearranged factsto support the drama.

In a more recent example, controversy eruptedover the 1996 movie Hoodlum. This docudrama was set in New York City in the 1930s and told the stories of real-life gangsters Dutch Schultz, Lucky Luciano, and others as they wagedwar for control of vice operations. Also portrayed was a legitimate American hero, Thomas E. Dewey. Dewey,a gangbusting special prosecutor, waged a legal crusade against the mobsters and sent several to prison. He also became governor of New York andran for president, losing by only a thin margin in the 1948 campaign. But in this movie, the Dewey characterwas shown as a crook taking bribes from gangsters. In historical truth, Deweynever took bribes and was scrupulously honest. Many critics of the movie dismissed it as beinga flawed film. But the family of Dewey saw it as a false and vicious attack on his reputation. Unfortunately, therewas little they could do. Under libel laws in most states, family.memberscannot sue to protect the reputation of dead relatives. Dewey's son sent a letter to Frank Mancuso, the Chairman ofMGM, the company that made the film. The letter asked MGM to set the record straight about Thomas Dewey. Lawyers for the company replied: "The filmwas a work of fiction, and it was presented as such to the public. MGM has not violated any legally cognizable rights of either your father or your family."

The Deweys took their case to the public by writingnewspaper articles and appearing as guests on public affairs talk shows. Still, the question remains: Should laws be passed that protect the dead from having lies told about them in books or movies? Ifnot, what moral or ethical obligations should movie producers or writers have for telling the truth about history, even in "fictional" works?

59 Conspiracy Theory shadowy political group, or an elite religious group. There is usually little or no real proof vents in history intrigue peoplethe for the claim. EKennedy assassinations, the crash of the A LONG TRADITION Hindenberg, the bombing of Pearl Harbor. On almost any event, you can find much While many experts note the increasecon- in informationin books, in magazines and spiracy theories in recent years, theyare noth- newspapers, on the Internet, even in movies ing new in American history. In 1800, wild and broadcasts. Amid this information, for charges spread by his political enemiessur- almost every event, you can find conspiracy faced claiming that presidential candidate theories. Thomas Jefferson was an agent ofa shadowy group called the Illuminati and, as such, was Consider a recent example. Almost immedi- planning to abolish religion in America. ately after the death of Princess Diana ina tragic auto accident in Paris, conspiracy theo- There really was an organization knownas the ries started spreading on the Internet. Arguing Illuminati, and its members practiced secret that "accidents don't just happen," mostspec- rituals. Founded in Germany in 1776 by Adam ulated that the car Weishaupt, a professor of religion, thegroup had been tampered promoted a range of ideas inspired by phi- with to cause the losophers during the Age of Reason. They accident. Many advocated that all monarchies, established blamed the royal religion, private property, andeven marriage family of England, should be abolished to bring about true claiming that cer- equality and goodness. tain elements were In 1780, the Illuminati began to merge their trying to get Diana ideas with those of another secret society, the for defying the Masons (also know as the Freemasons). Origi- monarchy. Others nally, Masons were members of the ancient suspected the IRA, craft of stone workers who formed guilds in the CIA, or Islamic the middle ages to train new members and terrorists. Soon protect their economic interests. By the 17th theories began The high-speed crash century, some of these guilds had become fra- that killed Great spreading throughout the Middle East. These ternal orders promoting the ideas of the Britain's Princess theories were endorsed by those who believed Enlightenment. They soon spread throughout that Diana was killed by British Diana gave rise to agents Europe and America. Benjamin Franklin and several conspiracy because she was in love with an Arab man, George Washington were Masons, but not Jef- theories. Dodi Fayad. The believers of conspiracy theo- ferson. And in spite of their influence on ries can offer no proof for their claims, and Freemasonry, the Illuminati group fell apart French investigators have found no evidence in 1785 due to internal conflicts andgovern- of tampering with the car. British authorities ment pressure. denounce the theories as being "absurd." But the legend of the Illuminati had only The Princess Diana death conspiracy theories begun. When the French Revolution began in have much in common with conspiracy theo- 1789, some people saw it as the brainchild of ries in general. They often go something like the Illuminati. A former Illuminati leader had this: An elite group working for its own nar- visited Paris shortly before the revolution row interest causes a disasterthe death of broke out. This single fact fed the idea that prominent person, the emergence of crack the secret organization was still operating and cocaine, even the loss of a war. The group scheming to overturn the established order. holds great power and, by using it,can hide its guilt from the public, sometimes for In 1797, a Scottish professor of philosophy, decades. The group is oftenan agency of gov- John Robison, wrote a book titled Proofs ofa 60 ernment, an organized crime syndicate, a Conspiracy against All the Religions and Govern- 10:' ments of Europe, Carried on in Secret Meetings of lawful act by unlawful Freemasons and Reading Societies. In it, Robison means. Groups of crimi- argued that the Illuminati existed, that their nals and terrorists do plot work was being carried out by Freemasons, murders, bank robberies, and that they threatened the entire world. He airplane highjackings, also claimed that they were developing meth- bombings, and other ods for dealing with enemies, including a crimes. People are charged, spray that "blinds or kills when spurted in tried, and convicted of the face" and a poison gas for use with sleep- conspiracies on a regular ing victims. basis. To win a conviction Although Robison's book failed to prove the for criminal conspiracy, power of the Illuminati, it did have tremen- prosecutors must prove a dous influence, even in modern times. The case beyond a reasonable A re-enactment of John Birch Society, an ultra-conservative polit- doubt by following strict rules of evidence. the assassination of ical group of the 1950s and 1960s republished Those who promote conspiracy, theories rarely President JohnF. prove anything. Robison's theories. They saw in them a con- Kennedy for Oliver nection to the development of a world-wide The late historian Richard Hofstadter wrote Stone's controversial docudramaJFK. communistic conspiracy, which reached deep that conspiracy theorists usually make a "leap into the agencies of the federal government. in imagination" from a series of facts to the In 1991, Pat Robertson, a conservative televan- assumption that they all fit together to prove gelist and one-time presidential candidate, that some evil group is about to take over or wrote a book called, The New World Order. In was responsible for some disaster. It is like it, he reached back to the Illuminati to devel- arguing that the Illuminati believed in equali- op his conspiracy theory that today, Wall ty (true); Jefferson believed in equality (true); Street and international bankers, along with therefore, Jefferson was part of an Illuminati key corporate and political leaders such as conspiracy to rule the world. Jimmy Carter and George Bush, are using the Sometimes, conspiracy theorists don't even United Nations to do away with Christianity bother with facts. Instead, they propose a set and American freedom. Finding that, "The of assumptions, treat the assumptions as New Age religions, the beliefs of the Illumi- facts, and then jump to conclusions. For nati, and Illuminated Freemasonry all seem to example, some promoting the theory that move along parallel tracks with world com- Princess Diana was murdered claim that "acci- munism and world finance," he argued that dents don't just happen," and therefore, the events such as the collapse of communism in car must have been tampered with. In truth, Russia and the Gulf War were engineered to of course, accidents do happen, and there is set the stage for one-world government. no evidence offered to show that tampering After the bombing of the Murrah federal took place. building in Oklahoma City in 1995, it came These jumps in logic often take the form of to light that numerous militia groups believed classic logical fallacies. A common one seen that elements of the American government in conspiracy theories is post hoc ergo propter were working with shadowy internationalist hoc (Latin for "after this therefore because of forces to disarm U.S. citizenry in preparation this"). This fallacy concludes that X caused Y for the establishment of a one-world govern- simply because X happened before Y. For ment. example, in the Illuminati conspiracy theory, REAL VERSUS IMAGINED much is made of the fact that, just before the CONSPIRACIES outbreak of the French Revolution, one of its former leaders visited Paris. This has led some In the real world, conspiracies do take place. to conclude that the Illuminati orchestrated According to criminal law, a conspiracy takes the revolution. place when two or more people combine for the purpose of doing an unlawful act or a 61 Another falla- cast doubt on the Warren Commission's cy common to conclusion that it was the work of a lone conspiracy gunman without offering sufficient proof theories is the for their own claims. slippery slope. This argument The proof has been lost or destroyed. To predicts doom account for a lack of proof for the con- from a seem- spiracy theory, many resort to claiminga ingly simple cover-up or the mysterious loss of evi- act. This act dence proving it. These assertionsare will lead to rarely proved or ask us to imaginea another, lead- cover-up that would involve dozens, ing to another, sometimes hundreds of peopleor offi- which spells cials. As many examples in history doom. For demonstrate, it is not so easy to control example, members of the militia movement events, people, or information. argued that the government's attempt to regis- Making the cynical appeal. Many conspir- ter or ban certain kinds of firearms would acy theorists ask us to believe that the lead to a defenseless America, which would world is very corrupt and charge that then be ripe for takeover by a one-worldgov- those who are not convinced by their ernment. theories are just being naive. For them, HOW TO SPOT A QUESTIONABLE the wealthy and powerful only wantmore CONSPIRACY THEORY wealth and power, and all government officials are corrupt or power hungry. In By far the most common flaw in conspiracy truth, many wealthy and powerful people theories is the failure of those who hold them have demonstrated concern for thecom- to offer sufficient proof. If someone makes a mon good and most government officials claim, he or she has the burden toprove it. are honest and committed to doing a The more serious or extraordinary the claim, good job. the more proof is required. Instead of proof, The biggest flaw of most conspiracy theories conspiracy theorists often rely on the following techniques: is that none of them everseems to pan out. Jefferson did not abolish religion in the Unit- There is some truth to the claim. As with ed States. After 200 years, the Illuminati have most claims, even false ones, there are failed to achieve world government. The Com- often some facts that support a conspira- munists never took over the United States cy claim. For example, it is true that there from within. And Princess Diana remains the had been a falling out between the royals victim of a tragic accident. of England and Princess Diana, but that does not mean that they arranged her death. Also, as Watergate and otherscan- POINTS OF INQUIRY dals have proven, government is capable 1. Have you heard or read about any of of conspiracy and cover-ups. This does the conspiracy theories mentioned in not mean that the government is current- the article? If so, where? Whatwas their ly conspiring to turn over the countryto source? the United Nations. 2.What are some other conspiracy theo- Attack the established version of the facts. ries? Describe them. What proof is Lacking proof for their own conclusions, offered in their support? Is it valid? many conspiracy theorists focus their energies pointing out flaws in established 3. Why do you think people believe in conclusions. For example, many bookson conspiracy theories? 62 the assassination of President Kennedy

ui What's Going On Kennedy assassination. Hundreds of Here? web sites cover paranormal subjects and In July 1997, thousands of tourists speculations. descended on the small desert town of Roswell, New Mexico, to commemorate Not only are these the 50th anniversary of the supposed subjects popular, but crash of one or more flying saucers. many people believe According to believers, the U.S. Air Force that the stories are recovered the wreckage of the alien craft true. For example, a range of recent polls and bodies of aliens and has beencover- ing up the fact ever since. suggest that between 25 and 34 percent of In March 1997, 39 members of a group Americans believe called Heaven's Gate committedmass sui- that intelligent cide in an attempt to reach another beings from other dimension of existence. Their actionsmay worlds have visited have been prompted by the belief thata Earth. Some 17 per- spaceship, supposedly following the Hale- cent think that alien Bopp comet, was coming for them. beings have abducted For many years, people have been report- humans, leading ing on so-called "crop circles"elaborate some pollsters to patterns and designs created by trampled conclude that 2 percent, or nearly 5 mil- grain stalks in fields, particularly in Great Crop circles, like Britain. Believers claim that the patterns lion Americans, claim to have had abduction this pattern are created by alien spacecraft. experiences. Also, 25 percent of Americans discovered in a believe in astrology. Utah wheat field, Each year, hundreds of people report have spawned being abducted by aliens, often from Is the world really as strange a place as these numerous stories their own homes. The victims claim that television programs and polls would haveus about aliens and they are taken aboard spacecraft and med- believe? flying saucers. ically examined by aliens. For many skeptics and scientists, theanswer is f you watch television, cruise the Internet, no. They point out that few of these claims Ior read magazines, newspapers, or books, and beliefs are based on real facts or evidence. you have probably been exposed to many Many, they claim, are the product of human misperception. Some are out-and-out fakes. paranormal tales. Paranormal claimsare those outside the normal that cannot be explained. THE NOT-SO MYSTERIOUS CROP by science. Magazine-style televisionprograms CIRCLES such as "Sightings," "In Search Of," "The Other Side," "Strange Universe," and "The Sometime in the mid-1970s, people in the Extraordinary" offer dozens of supposedly English countryside started noticing simple true stories of UFO visitations, hauntings, patterns pressed in fields of wheat. By the late extra-sensory powers, and odd creatures such 1980s and early '90s, the so-called crop circles as the Loch Ness monster and Bigfoot. The had spread and become very elaborate. Some very popular "X-Files" television drama fea- consisted of huge geometric shapes and intri- tures the adventures of two FBI agents who cate lines. Usually, the circles appeared during investigate supernatural happenings each an hour or two in the middle of the night. week. Cable networks offer viewersa range of Observers could never find footprints leading psychic and astrological services ona pay-as- to or from the circles. Many believed that the you-go basis. There are almost as many books fact that the circles were widespread and in print on the subject of UFOsas on the lacked footprints ruled out the possibility ofa hoax. 63 Information-Age Checklist: Claims FALSE

No matter whether or not you enjoy urban legends,conspiracy theories, or paranormal tales, it is important to be able to testan extraordinary claim by asking the right questions about it. To be valid, a claim mustpass all of the following FALSE tests. If it does not pass, it still could be true, but it is notproven.

alsifiability. For a claim to be valid, it must bepossible to prove it false. Consider Fthe following claims that fail because they donot pass this test: Our universe is nothing but a speck of duston a policeman's uniform in another universe. This claim fails becausewe cannot gather information from that universe to disprove the claim. Pyramids create a positiveenergy that centers people's psychic powers. What does centering a person's psychicpower mean? This claim fails because it is so vague that it couldnever be disproved. Aliens control our government andsuppress all evidence of their activities through mind control. This claim fails because,under these circumstances, no evidence disproving it could be gathered.

lternative Explanations. If a paranormalor unusual claim is made, one should Aconsider all normal alternative explanations beforeaccepting it. For example, as with crop circles, before accepting that theyare created by UFO's, all possibility that they were the product of human fakers should beconsidered. Claims must meet the basic requirements of logic.Here are a few examples of Logicthose that do not:

Ghosts are real because people have believed in themfor thousands of years. This claim fails because it offers no evidence for its conclusion. Thatpeo- ple have believed in ghosts doesn't make them real. Since the actress had arsenic in her blood, shemust have been murdered. If a claim is based on a premise, in thiscase, that the actress had poison in her system, the premise must be true for the conclusion to betrue. Yet, many times the underlying premise of a claim is falseor there are other possible conclusions following from the premise. In this example, theactress could have accidentally or intentionally swallowed poison.

If science cannot explain why the Great Sphinxof Egypt has evidence of water erosion, it shows that the monument isat least 10,000 years old the last time flood waters reached that site.Something which is afféxplained does not make it miraculous or paranormal. Manysupposed mysteries, such as firewalking and mind reading, have simple explanations;others are still unex- plained, but may be some day by scientificmeans.

ources. When testing a claim, it is important to consider thesources supporting the Sclaim. Be very careful of the followingsources. Experts: Expert opinion alone does not provea claim. The fact that an expert, such as a professor or doctor, supportsa claim does not make it so. Experts, like everybody else, can be mistaken. Also, expertise inone area, such as medicine or 64 (continued on page 65) 106 law, does not mean expertise in another. Finally, self-proclaimedexperts may not possess the credentials they claim.

Eyewitness Accounts: In spite of whatmany people think, eyewitness accounts can be very unreliable. Most peopleare not trained observers and often make mistakes about what theysee. Fatigue, light conditions, alcohol or drugs, emotions, hallucinations, and false memoriescan affect eyewitness testimony.

Secondary Writers: Many claims are contained in booksor documentaries written by people who base their storieson other accounts. Secondary writers often make mistakes about basic facts. They may also embellish the facts to make a better story or may draw wild conclusions.

Advocates: People making a claim can be motivated byself-interest and can lose objectivity. Those who spend a lot of time promotinga claim can ignore counter evidence or overstate the importance ofthe evidence they have.

vidence. The most important thing in testinga claim is to test the evidence on which it is based. Those who makea claim have the burden to prove it, using enough evidence. A paranormalor unusual claim requires a high level of evidence. For example, if someone claims to haveseen a black dog cross the road on the way to school, it is probably safe to take the person's word for it. However, if someone claims to have seen a Bigfoot cross the road on theway to school, a lot of additional proof is required.

Bold statements, opinions, andrumors are not evidence, and evidence can be manufactured. Photos and film can be doctored, people telltall tales, and documents can be faked.

Finally, while it is important to keepan open mind, it is also important to ask tough questions.

Confronted by these baffling patterns, people 15 years using simple tools such as metal bars started speculating about their cause. Some and planks. They started the hoax with the thought that they were produced by whirl- idea of fooling people who believed in UFOs. winds or other weather factors. Butas the pat- For a while, no one noticed, butonce the terns got more complex, people started to media started covering the crop circles, Bower believe that they had been created by intelli- and Chorley kept the stories going withmore gent beings who didn't leave footprints, in complex patterns and even messages written other words, aliens in flying saucers. Stories in the wheat. Soon copycats were making about the flying saucer-createdcrop circles wheat circles and the media kept reportingon appeared in books, in dozens of magazines, them. Finally, the original hoaxers tired of the and on television. People stakedout empty activity and decided to tell the world what fields with cameras hoping to capture pictures they had done. of the craft at work. Eachnew crop circle brought a flurry of attention and speculation But the stories did not end with Bower's and that the Earth was being visitedon a regular Chorley's confessions. Believers rejected the basis by extraterrestrials. idea that all the circles were fake and clungto the idea that some had really been the prod- Then, in 1991, two Englishmen, Doug Bower uct of alien visitors. Even today, stories of and Dave Chorley, announced that they had crop circles pop up in tabloids, on the Inter- been creating hundreds of croppatterns for net, and on television programs about the paranormal. 65 WHAT'S GOING ON HERE? Many scientists and skeptics worry that the public is too accepting of paranormal tales and that this has led to an erosion of faith in both science and government. For example, according to Time magazine, 80 percent of Americans believe that the government is covering up what it knows about UFOs. Why do people believe in such strange things? There are no clear answers, but many theories: a lack of education, too much television and movies, alienation from traditional institutions, and anxiety caused by rapid economic and technological change in society. Dr. Michael Shermer, the director of the Skeptics Society, believes that people are looking for simple and quick solutions for the problems of a very complex world. For example, astrol- Rumors about a THE HEAVEN'S GATE TRAGEDY ogy offers guidance for millions unwilling to spacecraft hovering seek or unable to afford psychological coun- behind the Hale-Bopp Sometimes wild stories or hoaxes can con- comet may have tribute to tragic results. In March 1997, 39 seling; lucky charms and magic offer good contributed to the Heaven's Gate members lived in a mansion in fortune and power. People hope, in spite of a 1997 suicide of 39 San Diego, California. The group believed lack of proof, that serious problems, which members of a that they were in contact with a spiritual science has not been able to address, might be spiritual group. leader who was preparing them for a new exis- solved by psychic healers or visiting aliens tence in a different dimension. Some of the from advanced civilizations. members listened to an all-night, national Other experts blame the mass media. For radio talk show. The show, "Coast to Coast example, they point to the number of shows AM" with host Art Bell, originates from a on television devoted to the weird and the double trailer sitting in the middle of a Neva- very few programs that deal with real science. da desert and caters to those with weird sto- They criticize the amount of shelf space in ries to tell. Before the Heaven's Gate suicide, bookstores devoted to science subjects as com- an amateur astronomer called to report that pared to the space given occult and New Age he had spotted a "Saturn-like" object follow- publications. They claim that talk shows ing the famous Hale-Bopp comet. Then, a col- often promote paranormal subjects without lege professor, while a guest on the show, giving effective equal time to skeptics willing claimed that a team of three "remote viewers" to counter the claims. (psychics) had focused on the object and found it to be an alien craft full of space peo- Entertainment professionals respond that ple. He also claimed that a "top-10-university paranormal subjects are popular and lend astronomy professor" had taken a photo of themselves to drama and mystery and that is the craft and that radio signals were coming why they outnumber pure science offerings. from the object. In addition, they argue that most people just want to be entertained and can tell the differ- Other astronomers soon identified the myste- ence between what is real and what is make- rious object as just an ordinary star and Art believe. Stories about ghosts and monsters Bell himself exposed the picture of the craft have been popular for thousands of years, as a fake. But it was too late. At least partly they argue, and they still are. based on the original reports, the Heaven's Gate community apparently concluded that it Still, some experts worry that many people was time to end their lives. On March 22, are losing the capacity to evaluate outlandish 66 1997, 39 people committed suicide. claims and what might happen if the trend _108 continues. As the late Carl Sagan, an SOURCES FOR CHAPTER 4 astronomer and science writer, stated, "when governments and societies lose the capacity Myths, Rumors, and Legends: Brunvard, Jan Harold, Tbe Choking Doberman and Other Nem Urban Legends, W Norton & Co., New York, 1984.Brunvard, for critical thinking, the results can be cata- Jan Harold, Curses, Broiled Again: The Hottest Urban Legends Going, W Norton strophic." & Co., New York, 1989.Steen, Jeannine, 'When Rumors are Clothed as Truth," Los Angeles Times, April 1, 1997, Home Edition, Life and Style, p. 1. Fact or Fiction?: Dewey, Thomas E. L "Counterpunch: A Straight Arrow POINTS OF INQUIRY Gets Thrown a Curve," Los Angeles Times, Oct. 6, 1997, Calendar, p. 3. Hohlt, Jared, "Hoodlum," Lift and Art, Aug. 29, 1997. Conspiracies: Colker, David, 1. With which paranormal subjects are you "On Internet, Conspiracy Theorists Take Diana's Death and Run With lt,"Los familiar? Make a list. Angeles Times, Sept. 4, 1997 Flarrington, Evan, "Conspiracy Theories and Paranoia," Committee for the Scientific Investigation 4-Claims 13f the Paranormal, Sept. 1, 1997 Martz, Carlton, "Conspiracy Theories: Attacks on Jefferson Set 2.Why are paranormal subjects so popu- Pattern," Bill cf Rights in Action, Fall, 1995.What's Going On Here?: Sagan, lar? Carl, The Demon-Haunted World, New York: Random House, 1995. Lett, James, "A Field Guide to Critical Thinking," Skeptical Inquirer, Winter 1990. Hardy, 3. Do most people view paranormal sub- Bruce, "Roswell or Bust," Time, June 23, 1997.Shenner, Michael, Why People jects as truth or fiction? Why? Believe Weird Things, WH. Freeman and Company, New York, 1997

4.What are some possible dangers of many people believing in the paranormal?

BEST COrY kAILABLE

67 NEW FRONTIERS A A Brave New World individuals or groups, which contain documents and can even permit communication Tn recent years, there has been an explosion between users and the web page author. lof information. Cable television offers The array of information and serviceson the dozens of channels. Radio stations fill the air- Internet is truly amazing. Businesses advertise waves. Computer-assisted publishing has goods and services and methods for buying spawned hundreds of boutique magazines and them. Political and religious groups offer 5 book publishers. Perhaps most significant in information about their beliefs and opinions. this information explosion is the develop- Libraries and newspapers give researchers ment and growth of the Internet. access to millions of pages of documents. The Internet is an international network of Governmental agencies describe their organi- interconnected computers. It got its start in zation, staffing, and new legislation. The 1969 as ARPANET, a military program Internet has become an international mall, designed to help military planners, universi- massive research facility, and communications ties, and defense manufacturers communicate network all rolled into one. more easily, even if part of the system was With the growth and power of the Internet damaged in war. Using the idea of ARPANET, have come new concerns. Businessesworry others created their own civilian computer about security of trade secrets and financial networks that linked transactions with their customers. Authorsare together. This led to the troubled that their work productsdocu- development of the Inter- ments, software, songscan be distributed net as we know it today. around the Internet free-of-charge. Internet The number of host com- users and consumers have concerns about pri- puters and Internet users vacy. Other groups worry about the content has grown at an extraordi- available on the Internetobscene material, nary rate. The number of child pornography, or hate literatureand fear host computers that store that children may gain access to such material information and relay without parental supervision. Finally, media communications on the experts raise questions about the accuracy and Internet increased from quality of content offered by many Internet Customers try out sites. computers at Beijing's about 300 in 1981 to nearly one million in Internet Café. 1997. It is estimated that currently some 40 CENSORSHIP ON THE INTERNET million people use the Internet and that the number of users will reach 100 million by Many Internet pioneers promoted the idea 1999. that the system should be free of government interference or control, especially overcon- The Internet offers users a variety of services, tent. In fact, even today, no one body regu- most notably e-mail and the World Wide Web. lates the Internet. It is not located inany one E-mail allows an individual to send an elec- place or country. While 60 percent of itsusers tronic messagesimilar to a letter or noteto are in the United States, millions are spread another individual or group. Messagesare out around the world. In spite of this reality, routed through the Internet to a specific elec- the Internet is subject to regulation byevery tronic address or mailbox. The World Wide country in which it operates. Web offers users documents and information stored on computers throughout the Internet. China and Singapore have aggressively regulat- A common feature of the World Wide Web is ed content on the Internet. In attempting to the web page, information sites created by control citizen access to information, the Chi- nese require Internet providers to use government-controlled phone lines and register with the police. Sites considered harmfulsuch as many foreign newspapers, human rights organizations and political groupsare blocked. Chinese web surfers are monitored by the police and offending materials are often screened out. In Singapore, Internet providers are controlled by the government's broadcast- CYBER ing authority and must follow its strict guidelines. All "objectionable" material is forbidden. This includes anything that might be RIGHTS harmful to "public morals, political stability, or religious harmony." N W Protected by the First Amendment, web sites in the United States have enjoyed much greater freedom of expression. But what about content that is not protected by the First Amendment? Because of the relative freedom on the Inter- net, numerous sites throughout the United States and in other countries have sprung up offering a variety of sexually explicit material. Concerned about children's access to this material, Congress passed the Communica- Students protest the Communications Decency tions Decency Act of 1996 (CDA). Two parts Act during Vice President Al Gore's 1996 visit to of the act prohibited the "knowing transmis- the University of Pennsylvania. sion of obscene or indecent messages to any recipient under 18 years of age" or the "know- protection. Unlike radio and television, he ing sending or displaying of patently offen- reasoned, there is no tradition of government sive messages in a manner that is available to regulation on the Internet and the Internet a person under 18 years of age." Violations of user does not automatically receive messages the statute could be punished by fine and or content. Therefore, the Internet is not sub- two-year imprisonment. ject to government regulation of content unless the regulations meet the highest consti- Almost immediately after President Clinton tutional standards. signed the CDA, numerous plaintiffs filed two lawsuits claiming that the statute violated The court then decided that the language of the Constitution. A federal district court the indecent transmission and patently offen- judge agreed that the "indecent transmission" sive display parts of the statute were too vague and "patently offensive display" parts of the to give Internet providers sufficient guidance act did violate the Constitution. In the sec- about what was illegal. They did not match ond suit, a three-judge panel of the federal previous definitions of obscenity as outlined district court also agreed. In a case called in the court's Miller decision. This is particu- Reno v. American Civil Liberties Union, the U.S. larly important, stated the court, because the government appealed these rulings to the U.S. CDA imposed criminal penalties. Supreme Court. Finally, the court ruled that the language in In June 1997, the Supreme Court issued its the CDA was overbroad. This means that it ruling. In the court's opinion, Justice John could forbid content that users, other than Paul Stevens first decided that the Internet children, had a constitutional right to pro- deserved the highest level of First Amendment duce or receive. In effect, the regulation could 1 11 "chill" the constitutional rights of others. The development of software that will help par- court noted the availability of software that ents screen access to hate sites. parents could use to screen sex-related material as an alternative to the harshmeasures con- Some Internet service providers have guide- tained in CDA. The court let stand thepor- lines that prohibit hate sites. But many claim tions of CDA that related to materialon the that it is often difficult to monitor thecon- Internet that is legally obscene. tent on all the web sites they service. In addition, many argue that it is not appropriate to Some Congressional supporters of the CDA deny web sites to groups who are merelyexer- vowed to write new laws to makesure that the cising their constitutional rights to free transmission of obscene materials to minors expression. If service providers themselves is outlawed. Others seek laws that would become censors of the Internet, theyargue, require Internet service providersto make free speech for all users could suffer. screening software available or establish rating systems of web sites. Critics of these approach- BOON OR BANE? es doubt their effectiveness or believe they As the debates over decency and hate demon- would be very costly. strate, there is widespread disagreement about HATE SITES the content on the Internet. The Internet offers a tremendous amount of information In recent years, there has been growingcon- to those with the technological skill and cern about web sites promoting white patience to retrieve it. For example, by typing supremacy and directing hate speech at the word "law" into a search engine, theuser minority groups. According to the Simon can expect hundreds of thousands of hits. Weisenthal Center, an organization dedicated Indeed, one can find hits for almostevery to countering anti-Semitism, the number of subject, offering a rich array of information. sites featuring hate content increased 300per- But the question remainshow reliable is the cent between 1996 and 1997. A list on the information provided? "White Nationalist" web page,a site created by an ex-Ku Klux Klan member, contains 600 Some experts caution that the Internet isnot links to other hate-based sites. a library. No selection committee reviews or catalogs the material on it. People create web The content on hate-based web sitescovers a sites promoting cults, conspiracies, and wide range. Some promote separation of the bizarre views. You can find web sites denying races; some even promote terrorism and pro- the Holocaust or favoring dangerous health vide instructions for weaponsuse and bomb practices, Others pass on information they making. Since political speech,even hate have received with little or no critical judg- speech, is entitled to strong First Amendment ment. There is no one to protect the user protection, there is little chance that thegov- from inaccurate, out-of-date,or just silly ernment would pass laws to regulate it. information. At the same time, university and Groups concerned with hate-based web sites government sites offer the user deep access to and their possible effecton the public, espe- historical and contemporary documents and images. A user can retrieve primary sources, cially children, are exploring alternativeways to address the problem. Some favor public review the progress of a bill as it becomesa law, and obtain the viewpoints of dozens of education about the sites and thegroups that sponsor them. For example, the Weisenthal experts on almost any issue of public policy. Center created a CD-Rom that lists and To take advantage of the Internet,a citizen describes some 600 hate-group web sites. They must be prepared to think critically and evalu- hope the CD will be used by Internet service ate the information provided. Just because providers to identify the sites andremove something is on the World Wide Web does them from the web. The Anti-Defamation not make it true or objective. If the Internet is League, another organization committed to to achieve its promise of opening up a whole confronting anti-Semitism, is workingon the new age of information, it is only the user cit- 70 izen who can make the dreama reality. Information-Age Checklist:Internet SEARCH

To be an effective "netizen," it is importantto evaluate the information you findon the Internet. Use this checklist to analyze thecredibility and content ofa web site.

ources of the Information. Who sponsors the web site?Are they advocates of Sa particular position? What bias, if any, canyou detect? Who created the document available at the web site? Whatare their qualifications? What bias, ifany, can you detect?

rrors. Are there any obvious errorsdates,names, historical factsin the web site Ematerials?

pplication. If the web site advocatesa particular public policy, apply the evalua- Ation questions on page 22. If the website makes an extraordinaryor paranormal claim, apply the FALSE questionson page 64.

esearch. Check the materialon the web site using at least two additional Rsources on the same subject (books, periodicals,or other web sites).

Does the web site present more thanone view or docu- Comprehensiveness.ment on the subject or issue? Ifa controversial issue is presented, does the web site provide other points of viewor counter arguments?

Hyperlinks. Does the web site provide linksto other sites? What are their nature and quality? Do the links provided advocatethe same view as that on the web site? How do they differ?

POINTS OF INQUIRY SOURCES FOR CHAPTER 5 1. Do you agree with the U.S. Supreme New Frontiers:Reno lc Ansersran Civil Liberties Union,U.S. Supreme Court, 117 S.Ct. Court ruling in the Reno case? Whyor 2329. I38 LEd. 22 874. 1997.Bertazzoni, Donna. "The World Wide Web asa Research why not? Tool for Students."Focus on Lazo Studies,Amefican Bar Association, 997.Proskauer, Rose, LLP,Doing Blifinftt on the InternetThe Legal Issues,Proskauer, Los Angeles, 997. 2.Do you think that hate-based web sites should receive full First Amendment protection on the Internet? Whyor why not?

3. Do you agree with the tactic of applying pressure against Internet service providers to remove indecentor hate- based sites from the World Wide Web? Why or why not?

4.What are the advantages of havinga free flow of information on the Internet? What are some possible disadvantages? 113 Index A G H printing press, 6 prior restraint, 6, 7, 9, 16-18, 21 Abrams v. U.S., 8 gag order, 50 private facts, 12, 17 access to government, 15, Gitlow v. New York, 8 18-19 privacy, 9, 11-12, 25, 26, 27, 42, Gertz v. Robert Wekh, Inc, 14 advertising and media, 28-30 43, 45 hate speech, 70 Alien and Sedition Acts, 8, 9 ana celebrities, 17 Hazelwood v. Kuhlmeier, 12 alligators in.sewers, 57-58 Procter and Gamble logo, 58 appropriation of likeness, 11 Heaven's Gate, 63, 66 hidden cameras, 35 Q R Hoodlum, 59 Reno v. ACLU, 11, 69 bias in media, 44, 45 Houchins v. MED, 15, 18-19 Hustler v. Falwell, 14-15 research, Checklist, 52 Branzburg v. Hayes, 53-55 hydrogen-bomb case, 18 respect for media, 42 Richmond Newspapers v. Virginia, 19 cameras in courtroom, 50-51 Illuminati, 60-61 right to attend criminal trials, 19 CDA, 11, 69 Internet, 68-71 Roswell, New Mexico, 63 celebrity journalism, 17, 33-34 censorship of, 68-69 rumors, 58 Chandler v. Florida, 51 Checklist, 71 Choking Doberman, 57 growth of, 68 claims, hate sites, 70 Checklist, 64-65 sedition, 6, 7, 8 reliability of content, 70 paranormal, 63-67 sequestration of jury, 49 intrusion, 11-12, 17, 43 competition in media, 37-38 Schenck v. US., 8, 9-10 school newspapers, 12 conspiracy theories, 60-62 J K shield laws, 53, 55 Cox Broadcasting v. Cohn, 12 crime portrayed in media, Jewell, Richard, 24-27 Sheppard v. Maxwell, 49 38-41, 54 JFK, 59 Simpson, 0.J., 31, 32, 33, 34, 48-51 crime suspects and media, jury, ensuring impartiality, 49-50 Sixth Amendment, 48, 50, 53 25-26 L M crop circles, 63-66 slander, 11, see also libel slippery slope, 62 Curtis Publishing Co. v. Butts, libel, 6, 7, 8, 9, 11, 13-15, 25, Smith Act, 10 14 35, 36, 59 civic journalism, 46 Lindbergh trial, 50 Snapple Ice Tea label, 58 Madison, James, 7, 13, 15 sources, Miller v. California, 10, 11, 69 anonymous, 24 Checklist, 27 defamation, 11,see libel N 0 reporters revealing, 53-55 Dewey, Thomas, 59 Stamp Act, 7 Diana, Princess, 60, 62 national security, 9-10, 16 due process, 8 Near v. Minnesota, 16, 21 T U New York Times Co. v. US., 16 New York Times v. Sullivan, tabloids, 31-34, 42, 49 11, 13-15 trials and media, 48-55 Estes v. Thxas, 50-51 obscenity, 9, 10-11, 69 undercover reporting, 36-38 ethics in media, 45-47 urban legends, 56-58 US. v. The Progressive, 18 paparazzi, 43 U.S. Supreme Court, -- false light, 12 paranormal, 63-67 explanation of, 8 FCC v. Pacifica, 10-11 reasons for belief in, 66-67 Fifth Amendment, 53 V W see also claims firewall between business and paying for information, 32-33, Vanishing Hitchhiker, 56 news, 28-30 48-49 violence in local news, 38-41 First Amendment, 7, 8, 9-23, Pentagon Papers, 16 voir dire, 49 43, 50, 53, 55, 69, 70 photographs, altering and witnesses paid by media, 48-49 Flight 800, 24, 42, 47, 58 staging, 33, 42 World Wide Web, see Internet Food Lion, 34-38 policy, Checklist, 22 14th Amendment, 8 XYZ poodle in microwave, 57 Frowerk v. U.S., 8 post hoc ago propter hoc, 61 Yates v. United States, 10 72 Freedom of Information Act, 19 Zenger, John Peter, 6-7 WM. KENDATION

115 U.S. Department of Education Office of Educational Research and Improvement (OERI) ERIC National Library of Education (NLE) Educational Resources Information Center (ERIC)

NOTICE

REPRODUCTION BASIS

This document is covered by a signed "Reproduction Release (Blanket) form (on file within the ERIC system), encompassing all or classes of documents from its source organization and, therefore, does not require a "Specific Document" Release form.

This document is Federally-funded, or carries its own permission to reproduce, or is otherwise in the public domain and, therefore, may be reproduced by ERIC without a signed Reproduction Release form (either "Specific Document" or "Blanket").

EFF-089 (9/97)