Writers are much more likely to encounter ethical guidelines and restraints. Here, again, knowing the general basis of ethical behavior is an important part of the writer’s work.

Legal protections and restraints

Can we say anything we want to say, write anything we want to write, broadcast anything and put anything on the web?

The answer, of course, is no.

While we have a great deal of freedom in this nation, that freedom is not absolute -- even though there have been advocates of an “absolutist” point of view.

Legally, we do not have the right to libel someone. But libel is a tricky concept. In a practical sense, it does not mean that we cannot say something that will damage someone’s reputation. We do that all the time. Newspapers, magazines, broadcast news operations -- all of them say things every day that will damage someone’s reputation.

What libel really means in a practical sense is that under certain conditions, we cannot damage someone’s reputation. We might say about a politician, “He’s a dirty, lying thief,” and we would probably get away with it. If we said the same thing about our next door neighbor.

Another legal restraint that writers have is copyright and trademark laws.

People in the mass media cannot take work that someone else has created and use it for their own purposes. Even if they do not gain any commercial advantage from doing this, they still cannot use substantial portions of copyrighted material without the permission of the owner. Using small portions of copyrighted material is sometimes protected under the concept of fair use, but this concept should not be interpreted broadly. Permission to use copyrighted material is almost always necessary.

Trademark protection gives the creators of products, logos and slogans some protection against their commercial use by others.

Both copyright and trademark protection are more fully explained on pages 367-371 of Writing for the Mass Media.

The First Amendment

What five freedoms does the First Amendment to the U.S. Constitution (written by James Madison, right) guarantee?

The First Amendment is the main source of protection for communication within this country. It sets forth the concept that this is to be an open society, that information can pass freely within the society, and that government restraint on this activity should be minimal. Its protections are not absolute, but the First Amendment’s value is in the embedding of this concept of open communication into the laws and the social fabric of the society.

As a media professional, you should take very seriously and skeptically any attempts to restrict the freedoms guaranteed by the First Amendment. Even when restrictions are proposed in the name of a good cause, they should be resisted.

One such area is campaign finance reform. Many people believe that the way we run our political campaigns should be changed. But many of the proposed changes contain First Amendment restrictions that should not be acceptable to those of us who depend on the First Amendment for our livelihood -- or to those who believe in free expression or an open society.

Journalistic ethics

A police reporter for a small town newspaper goes through arrest reports at the city police station. She is putting together a list that the newspaper publishes regularly. The list does not including names, only that arrests were made and what the charges are. On one of the reports is a name she recognizes. It’s the minister at her church, who was arrested and charged with soliciting a male prostitute. Several other arrests were made that same night and with the same charge. All of the arrests late at night in a downtown park that, during the day, is popular with many people, including mothers who bring their children to play on the park’s extensive playground equipment. It is obvious to the reporter that the police have conducted a raid on the late-night activities in the park. This is a real story, she thinks.

Journalists, because they serve the public interest, must confront a higher ethical standard than do other professions.

Meaning?

They place the public interest on a higher ethical realm than do other professions. Theirs is one of the least “self-interested” professions, but it is not devoid of self interest.

-- journalists work for news organizations that must survive

-- journalists must contribute to that survival by help attract audience and money

-- journalists have professional standards to which they adhere

-- journalists are competitive; part of their concept of self-worth is getting good stories, reporting them with better information than others, attracting bigger audiences and getting information into the public realm first (and getting credit for it)

-- journalists ideally are not money-makers, at least not first and foremost

What drives the journalist?

• the idea of public service
• curiosity; wanting to know what other people know
• competition
• influence – changing the way people look at the world
• loyalty

The ideal operational characteristics

Journalism involves a contract with the audience: The audience will give time and money if the journalist operates with

            Honesty

            Independence

                        standing apart from what you are covering

                        not accepting gifts

            Respect

                        understanding the point of view of others

                        keeping your word

                        avoiding doing harm

           

Loyalties (to whom is the journalist loyal?)

            -- audience

            -- those less powerful

            -- news organization

            -- fellow journalists

            -- sources

            -- family/social acquaintenances

            -- himself/herself

 
Possible news quiz questions

Answers to many of these questions can be found at the Tennessee Journalist <tnjn.com>.

1. ?