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Student Press Law Center student press law center Fall 19B5 Vol. VI. No.3 '----"-'-------------....,. .\> 1: � � :'. I'( ;,..;; EDITOR Contents Leslie Keros AJb;on Colleg� WRITERS Shelley Barber Mark Goodman UnlYeFSIty 0 CaldQlT\la litBerk Student Press Cover: This issue, the SPLC Report Sc:hooI0 lBW Law Canler analyzes libel law and the ques­ W. Jeffrey Connor Peter J. Mentor tion of liability in the student Syracu UnlV8 It)' Url,·/efS.ty 01 MsslaChUMtta Coli of w press. COVER ART Jack Dickason Kerry Clark Aaron Cole Ethics ... ..... ....... .......... .... ........ ... ..... .... ... .. .... .. 3 Jack Dickason Is Journalism a profession? Bruce Young executive djrector Mlirk Goodman Courts Corporste Board of Direcrors • H:uelwood editors lose in court .. .... .......... ... ............. ... 6 J. Marc Abrams. Esq. Or. Louis e. Inglehert • Intolerance peaks in Maine .......................................... 8 . & Pro... _ Go.tr o.pro'J� • April Fools edition unamusing ..... .. ...... .. ....... .... .......... 9 EUIt Sr.tIO �fY • . .... ... .. NrwwY NY KKK fan fights for free speech ...... .... .. .. .. .. 10 Richard Johns • Aa. establishes a "newspaper" .. .. ...... ......... .. ...... ..... ... 11 John Bowen a IIntJSc tall SocIerv � S<:ItooI • ..�pe" article withstands libel suit .... .. ................. .. 12 Dr. Robert KniQht L.IIIc OH COIIImtIie IWO Dr. Dorothy Bowles Dr· ulian Lodge K�...... 1M........, • FIt:ncM 1m..... ,."." UnIwtMy �o,� Censorship U"'''''''''fYotlU BobLewia • from graduation . Elaine English. Esq. ",,,,,,,� ,."..�.-. Principal bans cartoonist ...... .. .. 13 1f��1IY Dorothv McPhillips • Planned Parenthood ads shunned ....... ..... ...... .. .. .. ...... 14 Fre«Jom 0' _ Pro .. • Calif. endorsement ban stirs political debate ............ 16 D,r. Tom Eveslage Tom RoInickJ Dw>r 0' Jo<.orm.u.m S�"'"A---*", T�lI.w....1V Dr. Albert Scroggins Christopher Feger. Esq, C�o'� Administration F.".,& 5 I"'� nI SoutfI c.o.n. W DC Michael D, Simpeon. Esq. • Moral Majority gathers steam in Wyoming .... .. ... .... 18 Mark Goodman. Esq, N� EclYcMion ""a.odMion • SAT scores censored from paper ........ .. ........... .......... 20 SPlC Edmund J. Sullivan • Gutsy editorials spark adviser's dismissal ....... ... ...... 21 Nancy Green �� . �m·t Awa.� RIchmionc1, I Roben Trager. Esq. Mary Hires P-aon Bell6 DOtMt1 Student Government CommtinIr eon.g. �on.DC Joun'tItIlM7IA lIOn Ben Van Zanta • Colo. paper challenges funding cutoff........................ 22 w .. , HJgft SdtooI • Quarterly mounts legal artillery ....... .... .... ...... ........... 23 IqwtI CiTY. IA • Uruv. pres. denies takeover bid by _ aled rOl PoUDO of �Mton � lden only student officers ............................................................ 24 The SPLC Report SPl RI'pCHf. publi Ihree tim exb �r b" the Slude'll Pma currenl JIRII law Cmter. &umrnari2.c5 IIlrOYt'.fS.in inyoh·i,. sNdml libel rip The SPl R " rnnrcbt'd. writlt'n and produced Clltird)' byjournalism:and lav. denl mlC'mJ. • Student romance draws lawsuit ... .... ... ....... ......... ...... 26 tudall Prt-u La. C'c:ntt:r RI'pOI1. Vol. VI. No. 3. FlU 1985, it • Dartmouth editors await court date .. ................ .. .... 27 published II} Ihe I III Plus C�nlCr. !jUlIe lOa, 800 IItb treet, NYt', W In n, DC 2 (21 "66-S2.a�. COpynPI 0 1985. • Policeman continues suit against Daily Iowan ......... 28 SCudent PIns uw Cc:nt�. All ncbl5 fC'Strvc:d. Yearly 'subecriptiou 10 • Fringe benefits wane in Michigan ...... .. .. ..... .... ........... 28 the SPlC' R 1'1 :are SIO.OO. -\U olh r c.onlnbutionlll ue IIX deductiblc. " .�ptIon order Iirm a aD n I»tr 19 . • Illinois $9 million libel Suil pending. .... ................... .. 28 .... Sc_tIIt Prft� t..- Cmlrr wr"'-t a.a.lHloM ", uddII. .....i8p. � an4 d.PIftM IwJp tile SPLC W_ die �""tIc ju IJI unit It) C81dri...... ,_ �kbla ... ka'_tlo, '0 Ihr ,PU R rt. ,OW ...nfah co: legal Analysis: The Libel Threat -liability In the student press.. .. ...... .. ... .... 29 • Knowing thine enemy: defining the elements of IIbel . ....... .. .. .. .. .. .. .. .... 36 "'----_." .._- :..;: ..- ------------_........ 2 SPLC Repon FOil 1985 ETHICS The role of the press Is Journalism a Profession? By Deni Elliott ever, the belief that professionalism is eQuatable with licensing and external control reflects confusion between Do you consider doctors and lawyers professionals? what philosophers call necessary and sufficient conditions What about university professors, research scientists and of a profession and those that are merely accidental. marriage counselors? Would you call an auto mechanic, Accidental v. Necessary and Sufficient Conditions plumber or a beautician a professional? Most people say without hesitation that doctors and Acddental conditions are those which may be common lawyers are professionals and. after a moment of thought, to things within a certain category, but which are not include professors, scientists and counselors. There is essential in including specific examples in that category. almost universal agreement that mechanics and other For example , dogs are generally creatures that bark. "tradespeople" are not what we mean by professionals. However, we would sttU say, " That's a dog," when Yet when you ask people whether journalists are confronted with a creature of the barkless Basenji breed or PWl fessionals , particularly if you ask reporters or editors, with a creature that had all of the essential qualities of jOurnalism students or journalism educators , you will dogginess but that didn 't bark for some unexplained certainly find a difference of opinion. You are likely to organic or psychological reason. start a debate centering on the issue of whether calling While a specific example may lack an accidental quality journalists professionals means that they must be licensed and still be included within a category, all examples must and regulated. satisfy the necessary and sufficient conditions for being I think that journalists are clearly professionals and that included in that category. their professionalism can be established without it result­ A necessary condition is a condition that a thing could ing in licensure and regulations. Licensing and external not lack and still be included in the category . For example, control would, without Question, violate the spirit as well consider the category of "mother." No creature could be as the letter of First Amendment press protections. How- continued on p.4 LAW OF THE STUDENT PRESS The law can affect you It's been eleven years since the last comprehenw sive look at high school p(ess law was published and six since college press law was examined. Law of the Student Press, a four-yea( project of the Student Press Law Centec. is the first book ever to offer an examination of legal Is�es confronting America's student journalists, advise(s and educa­ tion administrators on both the high school and college levels. The book is understandable and (eadable with­ out giving up the essential material needed for an in-depth understanding of the legal relationships involved in the p(oduction of student newspapers, yea(books and electronic media. Low of the Student Press is available nowl Cop­ ies are only $5 each. To order, send a check for that amount, payable to "Quill and ScrOll," to: Low 01 thB Student Press Quill and Scroll School of Journallam and Mass Communication University of Iowa Iowa City, IA 52242 ---_...... __ ..•....._-_ ..... - Foil 1985 SPLC Report 3 ETHICS >rofessionalism - continued neluded in the category of mothers without being female. it's natural to wonder why they are cited so frequently by -Jowever, other animals may have the necessary condition those fearing the pr ofessionalism of journalism. I think llithout being included. One may be a female without these hallmarks are commonly used as the measuring rule >cing in the category of mothers, but being female is a because the professions used in comparison are norm ally leceSsary condition for being a mother. the medical and legal professions. A sufficient condition is a condition that automatical­ Doctors and lawyers are clearly professionals in this y includes a thing in the category. For example. giving society. It's natural that one would use the most obvious ,inh to a viable offspring is sufficient condition for calling cases in trying to detennine if some other practice belongs t creature a mother. However, giving birth is not a in the professional category. The problem is that while leceSsary condition. One may become a mother through the appropriate professions were chosen for comparison, onnal or informal adoption. the wrong hallmarks were chosen as the comparative The necessary and sufficient conditions for including a property. :reature in the category of mothers might be something What is it about doctors and lawyers that makes us ike "The creature is female and has either given birth or think about them as professionals? It's certainly not that las, through some other means, become primary caregiver they're licensed and that those licenses may be revoked. o a youngs ter. " As already discussed, this determination alone would classify doctors and lawyers as no different from many olecessary and Sufficient Conditions of Professions tradespeople. What primarily makes doctors and lawyers profession­ Returning to the question of whether journalism should als is the function they serve within society. A necessary � included in the category of professions, it can be shown and sufficient condition for including something in the b.at licensing and
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