History of Journalism, Laws, and Ethics

Define tabloid journalism and give examples of this type of journalism in both print and non-print media.

"Tabloid journalism" is a catchall phrase for publications that emphasize coverage of celebrities and popular culture. In print media, tabloid journalism is known best for weekly newspapers such as the National Enquirer and magazines such as People and Us Weekly that are sold at supermarket check stands. In electronic media, the success of Entertainment Tonight (ET) in the 1980s demonstrated the increased demand for news regarding the personal lives of celebrities. Often broadcast following the local news, ET attracted a loyal following and commanded higher advertising rates than other shows in similar time slots.

Define absolute privilege and qualified privilege as these terms relate to journalists defending themselves against a libel charge.

Absolute privilege applies to information acquired from court documents, police reports, and other sources considered public record. Qualified privilege can be used as a defense when a reporter is covering a trial; publishing testimony and statements made during the trial is considered part of a journalist's job.

Define the field of organizational behavior, and describe a variety of types of organizations.

An organization is a group of two or more individuals working toward a set of shared goals in a manner that is coordinated, methodical and ongoing. Organizations can serve a primarily social-cultural purpose, such as schools, museums, churches; a primarily economic purpose, such as manufacturing and service industries, retailers, and banks; or exist in order to maintain order within a larger social grouping, such as military, government and police organizations. Because organizations are composed of human beings, these organizational types have considerable overlap. For example, a school adheres to schedules both within its own field of reference (staggered lunch periods and managing hallway travel are two instances), as well as outside its own needs (school holidays coincide with bank and business holidays). A hospital is both a business that schedules staff, negotiates salaries, and markets its product, as well as a community organization offering community education programs.

Provide examples of how Joseph Pulitzer changed the direction of daily newspapers (both positively and negatively) in the late 19th century.

As publisher of the New York World, Joseph Pulitzer introduced two seemingly conflicting styles: new journalism and yellow journalism. Pulitzer used the World as a vehicle to attack big business and corruption; however, he also introduced yellow journalism, a style of writing that exaggerated and fabricated stories to increase circulation. In terms of readership, the World was an unqualified success. Circulation increased from 15,000 to 600,000 during Pulitzer's time as publisher. The World was one of the first newspapers to depend upon advertising for revenue. Pulitzer's vision of a publication that appealed to the common person ushered in the era of mass-circulation journalism.

Describe Benjamin Franklin's role in the development of journalism in the United States.

Benjamin Franklin wore many career hats throughout his life. Franklin is perhaps best known for his role in helping write the Declaration of Independence and uniting the American colonies as a nation. However, Franklin also gained notoriety as a newspaper editor and printer in Philadelphia. By acquiring The Pennsylvania Gazette in 1729, Franklin had an outlet to publish essays and commentary regarding social issues of the day. He often contributed opinion pieces to the Gazette under assumed names. From the time of Franklin's purchase through the early 19th century, the Gazette was one of the country's most prominent newspapers. It was considered the most successful paper in the colonies and printed the first political cartoon in America.

Explain how blogs have changed the coverage of American politics.

Blogs (short for "weblogs") are digital diaries that allow anyone with a computer and an online connection to comment on issues of the day. While many bloggers make no pretense of objectivity, their commentary supplements mainstream journalism often in an entertaining way. Bloggers also have served as the initial source for stories further developed by newspapers and the electronic media. Examples of popular political blogs include The Huffington Post, the Dailey Kos, and Breitbart.com.

Discuss the early development of political journalism in the United States.

Common Sense, a 48-page manifesto written by Thomas Paine, called upon the American colonies to declare independence from Britain. This work arguably represents the earliest example of political journalism in America. Published in early 1776, Common Sense sold 500,000 copies within a year. Democracy in America, a two-volume set written by Alexis de Tocqueville in the 1830s, still is considered a benchmark in explaining the strengths and weaknesses of American government. De Tocqueville's political analysis included his predictions that the slavery debate eventually would divide the United States.

Describe how muckraking has evolved in modern journalism.

Contemporary journalism has shed light on many legal, social, and public policy issues. Recent examples include the ongoing coverage of the BP oil spill and examining the pace of recovery five years after Hurricane Katrina. Investigative reporters' collective work reinforces the principle that a major responsibility of journalism involves forcing persons in power to remain honest.

Explain why credibility is important to any journalism product.

Credibility addresses the basic trust between journalists and their respective audiences. Readers must have confidence that reported materials are objective and factual. As stated in the Preamble to the Code of Ethics for the Society of Professional Journalists, "The duty of the journalist is to...seek truth and (provide) a fair and comprehensive account of events and issues. Professional integrity is the cornerstone of a journalist's credibility.

Analyze coverage of the Vietnam War during the 1970s, and discuss how this coverage increased the influence of the mass media upon society.

Due to the growth of television, the Vietnam War was the first American conflict to broadcast uncensored war coverage to the public. The grim, bloody images viewers saw in their living rooms each weeknight served as a direct contrast to the positive updates provided by government spokespersons. This effect of "bringing the war home" was credited with turning American opinion against the war in the late 1960s. Perhaps the best example of the media's role in this change was Walter Cronkite's visit to Vietnam in early 1968. Cronkite, anchor of the CBS Evening News, returned from Vietnam and delivered a withering editorial commentary that the war was unwinnable.

Describe how Edward R. Murrow helped establish standards for journalism in television news.

Edward R. Murrow (1908-1965) was one of the first journalists to move successfully from radio to television. Already well known for his reports from Europe during World War II, Murrow began his transition to television in late 1951, when his Hear It Now radio show moved to CBS Television and was renamed See It Now. The pinnacle of Murrow's television career was a 1954 See It Now episode entitled "A Report on Senator Joseph McCarthy." McCarthy, a Wisconsin senator, was a fervent anti-Communist. Using his post as chairperson of the House Committee on Un-American Activities, McCarthy ruthlessly accused thousands of U.S. citizens of subversion and disloyalty. The effect of "McCarthyism" was so profound that CBS did not pay for any advance advertising of the See It Now report. When Murrow dug into his own pocket to pay for the ads, CBS did not allow him to use the company's logo. Despite the network's misgivings, Murrow's expose of program demonstrated the impact that investigative journalism could have in the relatively new medium of television.

Describe the doctrine of fair use and its role in U.S. copyright law.

Fair use is an element of U.S. copyright law that allows limited use of material without requiring the permission of the copyright holder. In journalism, the concept of fair use applies to issues of comment and criticism. When writing a music review, quoting a few lines from a song lyric qualifies as fair use. The same principle applies when summarizing an article from a professional journal within a news story.

List the factors considered in a fair use dispute

Four factors are used to resolve fair use disputes: 1. Purpose and character. Namely, was the material used to create something new? 2. Nature of the copyrighted work. Fair use applies differently to factual works than compared to works of fiction such as plays or novels. 3. Amount of the portion taken. Using several paragraphs from a short story or several stanzas of a song probably will not qualify as fair use. 4. Effect upon the potential market for the copyrighted work.

Describe how the abolitionist views of Frederick Douglass influenced journalism in the 19th century.

Frederick Douglass (1818-1895) became a leader in the abolitionist movement in the United States. His primary contribution to journalism was as publisher of the North Star, a newspaper published from 1847 to 1851. While still an American slave during the 1840s, Douglass left the U.S. and spent two years living in Ireland and England. In the course of becoming a free man during that period, supporters of Douglass helped him purchase a printing press. Douglass began publishing the North Star in 1847, upon his return to Rochester, New York. Through his writings in the North Star, Douglass advocated for the U.S. Constitution as an anti-slavery document. The newspaper helped politicize the anti-slavery and emancipation movements; in addition, it supported women's rights.

Describe the U.S. Supreme Court decision in Hazelwood School District v. Kuhlmeier and its impact on student journalism.

Hazelwood School District v. Kuhlmeier originated with articles written for the student newspaper of Hazelwood East High School near St. Louis, Missouri. The principal of Hazelwood East High School reviewed each issue of the paper prior to publication, and upon review the principal removed articles scheduled to appear in the paper. The Supreme Court based its ruling-a reversal of a federal appeals-court decision-on a finding that the student newspaper was not a "forum for public expression." By doing so, the Court opened the door for censorship if a school could provide a pedagogical (educational) reason for deleting a story.

Explain how the U.S. Supreme Court decision in Ginsberg v. New York established an obscenity standard for minors as opposed to adults.

In 1968, the Supreme Court decided in Ginsberg v. New York that material not considered obscene by adult standards still could be harmful to minors. Ginsberg, who owned a store that sold magazines on Long Island, was accused and found guilty of selling a "girlie" magazine to two 16-year-old boys. The conviction rested upon a New York state law prohibiting the sale of pictures depicting nudity to minors under age 17. The high court rejected Ginsberg's argument that New York State could not define obscenity for one group (adults), yet apply a different definition to another group (minors under age 17). The majority opinion held that states had the power to protect minors, including barring them from purchasing magazine intended for adults.

Describe how Johann Gutenberg influenced the early development of journalism

Johann Gutenberg (1398-1468) invented the printing press and was one of the first persons to use movable type printing. He also developed a process to mass produce movable type. Book production previously had consisted of handwritten manuscripts produced in limited supplies. Gutenberg's innovations effectively introduced the era of mass media. As printing technology spread across Europe, news and information traveled much faster. The ability to share ideas increased literacy across the continent and foreshadowed all subsequent advancements in communication.

Describe the trial of John Peter Zenger, and discuss how this trial established freedom of the press in colonial America.

John Peter Zenger, an 18th-century publisher and printer, was arrested in 1734, after William Cosby, the colonial governor of New York, became angry at criticisms of Cosby published in Zenger's newspaper, the New York Weekly journal. Zenger spent eight months in prison before his case came to trial. Noted Philadelphia lawyer Andrew Hamilton defended Zenger at his trial. Hamilton literally based his defense on the facts. Even if it could be established that Zenger's published criticisms of Cosby were defamatory, all statements within the articles were based upon established facts. In such cases, Hamilton argued, such statements could not be considered libelous. Although Governor Cosby selected the members of the jury, they agreed with Hamilton's defense and found Zenger not guilty. In doing so, the jury effectively rejected the libel laws of that era and allowed journalists to express their opinions freely.

Provide examples of how Katharine Graham's role as publisher of The Washington Post changed American journalism in the 1970s.

Katharine Graham (1917-2001) assumed control of The Washington Post in 1963 after her husband, Philip, committed suicide. At that time, no other woman held the top position at a major American newspaper. Graham and her editor, Benjamin Bradlee, played a major role in uncovering the Watergate scandal, the major political story of the 1970s. Bob Woodward and Carl Bernstein, then lower-level reporters at the Post, began uncovering evidence of illegal tactics employed by members of President Richard Nixon's re-election campaign. At several critical points, Graham and Bradlee published Woodward and Bernstein's stories despite angry denials and not-so-subtle threats from the Nixon administration. Other newspapers, notably the New York Times, noticed the Post's Watergate coverage and uncovered significant evidence over the next two years. The steady stream of investigative reporting led to Nixon resignation from the presidency in August 1974.

Explain the functions and roles of the mass media in popular culture.

Mass communications informs its audience; in addition, it persuades, entertains, and transmits culture. It plays an important role in establishing and reflecting public opinion. Journalism instructors show students how to evaluate the messages of mass media with objectivity, analyze the method of presentation, and understand the content from different perspectives. These skills allow students to become critical and informed media consumers. Such skills also help students recognize full and fair media coverage, the importance of ethical principles and legal guidelines, and how different types of media can shape or distort the overall message.

Define "muckraking," and describe how it emerged as a common news-reporting practice.

Muckraking was a journalistic movement that emerged in the late 19th century. Muckraking reporters' goals were to expose political corruption, business fraud, and dangerous labor conditions. This investigative style of reporting led to many government reforms that addressed issues raised by muckraking journalists. One of the most notable instances of reforms spawned by muckraking occurred following publication of Upton Sinclair's The Jungle in 1906. Sinclair's unflinching description of dangerous and unhealthy conditions in the meatpacking industry led to the passage of the federal Pure Food and Drug Act later that year.

Discuss Nellie Bly's career, and give reasons for considering her one of the first muckraking journalists.

Nellie Bly was the nom de plume of Elizabeth Jane Cochran. Frustrated by assignments to cover fashion, gardening, and other topics for the women's section of a Pittsburgh newspaper, Bly moved to New York City in 1887. After the New York World hired Bly, she accepted an undercover assignment that changed her career. Bly checked into a boarding house and acted as if she were mentally ill. Her portrayal was so convincing that a judge had her committed to a women's asylum in the New York area. Bly witnessed the demeaning and wretched conditions inside the asylum before the World arranged to have her released. Subsequently, Bly described her experiences in Ten Days in a MadHouse, a book that generated a grand-jury investigation, increased funding for mental health care, and established more thorough examinations for persons prior to commitment to mental institutions.

Explain how New York Times Co. V. Sullivan established the prevailing standard of libel protection for journalist.

New York Times Co. V. Sullivan was a 1964 U.S. Supreme Court decision that established the "actual malice" standard in libel cases against journalist. Sullivan evolved from a full-page advertisement published by the Times in March 1960. The ad sought funds to defend Martin Luther King Jr. In Alabama prejury case and included statements regarding the actions of police officers in Montgomery, Alabama. The public safety commissioner of Montgomery, L.B. Sullivan, claimed that the inaccurate information defamed his role as police supervisor. He demanded that the Times publish a retraction. when the newspaper rejected his demand, Sullivan filed a lawsuit. In ruling against Sullivan, the high court held that any public figure suing for libel must prove that the allegedly harmful material was published with "actual malice" As such, the plaintiff had to demonstrate that a reporter or new organization knew the published material was untrue or published the material in reckless disregard for the truth. The Sullivan decision established a high burden of proof. Furthermore, as a result of this suit, it is virtually impossible fro public figures or public officials to prevail in a libel suit against the media.

Provide an example of how journalists have overcome the limitations of prior restraint.

One of the best-known examples of prior restraint occurred in the 1971 Pentagon Papers case. The administration of President Richard Nixon attempted to stop the New York TImes and Washington Post from publishing excerpts of a confidential government history of U.S. involvement in the Vietnam War. The U.S. Supreme Court overturned the government order and thus allowed the excerpts to become public record.

Describe the concept of prior restraint.

Prior restraint is an action taken by various branches of governments to prevent release of information to the public. Prior restraint can be exercised before a document is published, or it can be used to stop the ongoing release of documents. Often used during wartime, prior restraint can prevent military secrets from becoming public. The judicial branch of government often exercises prior restraint with a gag order. Such an order prevents attorneys or anyone involved with the trial from commenting. It also prevents journalists from reporting any comments.

Explain how the Supreme Court's decision in Tinker vs. Des Moines established scholastic press freedom. Explain the decision and its impact on student journalists.

School administrators needed a valid constitutional reason to regulate or censor speech, not "a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint." The Tinker case established a precedent that preserves the First Amendment rights of students. School officials do not have the absolute right to cancel a story that they find objectionable.

Define shield laws, and discuss their importance to the field of journalism

Shield laws protect reporters from being forced to reveal their sources to the courts or to law-enforcement officials (through subpoenas or other court orders). These laws are an extension of a basic journalism tenet-without sources providing information to reporters, many news stories never would find publication. Shield laws currently exist in 36 of the 50 states. Depending on the statute, shield laws may apply to civil court cases but not to criminal proceedings. Shield laws also can extend to publishers, editors, and others involved with gathering and publishing information. Reporters must not assume that a shield law will keep them out of jail. Some journalists have faced incarceration rather than name sources. One example is Judith Miller, a New York Times reporter jailed for 85 days in 2005 after refusing to disclose her sources for a story she wrote regarding leaks within the Central Intelligence Agency.

Define the rights and responsibilities of a free press.

The First Amendment of the U.S. Constitution grants broad rights to journalists: "Congress shall make now law...abridging freedom of the press." This statement protects the press from interference from all levels of government: state, local, and federal. At the same time, many media consumers believe that a free, independent press must also regulate itself. This includes making print and electronic journalism more open and accountable to public scrutiny. While newspapers quickly report errors, they rarely take the time to examine the overall quality of their work. Public perception of the media has declined over time; readers and viewers tend to judge the quality and credibility of journalism by its least responsible members.

Explain how the U.S. Supreme Court decision in Hazelwood School District v. Kuhlmeier limited First Amendment protections for student journalists.

The Hazelwood case represents a further interpretation of Tinker v. Des Moines, which established that students did not check their First Amendment rights at the schoolhouse door. Their rights to freedom of speech and expression extended to the classroom. Hazelwood amended that guarantee by giving administrators more control over school-sponsored publications. Nonetheless, any decision to censor stories must have a "legitimate pedagogical concern." School officials do not have the absolute right to cancel a story they find objectionable. Since the Hazelwood ruling, some states have passed laws granting greater First Amendment protection to student newspapers. In addition, the decision does not affect publications produced by students in private schools.

Define the first Amendment and its impact on print journalism.

The first Amendment of the United States Constitution states,"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. As it relates to freedom of the press, the First Amendment prohibits any government entity (federal, state, or local) from interfering with the printing and distribution of information. Nonetheless, some limits to First Amendment press freedoms exist, such as those regarding issues of defamation law and copyright law.

Describe how the penny press is influenced the evolution of daily journalism.

The penny press was a 19th century phenomenon that extended journalism's audience beyond the upper social classes. Typical newspapers of that era targeted the upper classes, used documents as their primary sources, and the cost about six cents per issue. In contrast, a "penny press" newspaper only cost one cent and reflected the interest of the working class with more timely news items such as court cases, police activity, and human-interest stories. Spurred by the introduction of the New York Harold in 1835, the penny press also introduced the concepts of gathering information through observation and interviews. These reporting skills soon became a journalistic standard.

Describe the job responsibilities of a station manager.

Whether managing a radio station or a television station, station managers are responsible for day-to-day operations. These responsibilities include scheduling the on-air staff, scheduling the off-air staff, supervising promotion and advertising for the station, and assuring that the station complies with federal broadcast regulation. Station managers manage contract issues with the on-air staff, and at larger stations, they oversee the training of department managers. They also contract with outside vendors to repair or replace damaged or outdated equipment.