Curriculum ~ Legal Issues
group assignment and answers
Complete the assignment listed below, using the space below the description for notes that you make while
reading about the topic. Upon completion of assignment below, create a powerpoint presentation (as a group) to
include all the elements described in the assignment. Be prepared to present the presentation to the class as a
group, ensure each person in your group has a speaking part.
Group 1: The First Amendment
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Locate and analyze a copy of the First Amendment. Paraphrase the act and interpret its overall meaning
Research and define the Alien and Sedition Acts. Briefly summarize the acts. How does this information
correlate with the First Amendment?
Read Brandenburg vs. Ohio, 1969. Summarize briefly the decision. What conclusions can you draw
given the First Amendment?
Complete the assignment listed below, using the space below the description for notes that you make
while reading about the topic. Upon completion of assignment below, create a powerpoint presentation
(as a group) to include all the elements described in the assignment. Be prepared to present the
presentation to the class as a group, ensure each person in your group has a speaking part.
Group two: The five elements of libel
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Locate and define the five elements of libel
Give credit to the source you found the information
Define negligence as it compares to malice.
What are the defenses to libel? to malice?
Given this information, what are your responsibilities as a journalist?
Complete the assignment listed below, using the space below the description for notes that you make while
reading about the topic. Upon completion of assignment below, create a powerpoint presentation (as a group) to
include all the elements described in the assignment. Be prepared to present the presentation to the class as a
group, ensure each person in your group has a speaking part.
Group 3: Student press law
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Locate and review the Tinker Case, 1969. Write a brief summary of the decision
Locate and review the Hazelwood Case, 1988. Write a brief summary and compare that decision with
Tinker.
Which decision does RHS Today fall under and why?
For additional information and help with this question, go to http://www.splc.org
Read one article from the Student Press Law Center site, and write a brief summary of the case and how
the First Amendment applied.
Complete the assignment listed below, using the space below the description for notes that you make while
reading about the topic. Upon completion of assignment below, create a powerpoint presentation (as a group) to
include all the elements described in the assignment. Be prepared to present the presentation to the class as a
group, ensure each person in your group has a speaking part.
Group 4: What are ethics?
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Locate and review The Society of Professional Journalists' Code of Ethics and the codes of other
organizations and newspapers.
For each of the four subheadings, write a brief summary.
Comment on what you have learned from this code compared to your perception of journalistic integrity
in today's society.
Write a personal code of ethics that includes at least two subheadings and eight statements.
Complete the assignment listed below, using the space below the description for notes that you make while
reading about the topic. Upon completion of assignment below, create a powerpoint presentation (as a group) to
include all the elements described in the assignment. Be prepared to present the presentation to the class as a
group, ensure each person in your group has a speaking part.
Group 5: The truth, Jayson Blair, and The New York Times
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Locate and review at least three (you may have more) reliable sources regarding Jayson Blair.
Review briefly the cases of Steven Glass, New Republic and Janet Cooke, The Washington Post. How is
Blair's case the same or different?
Write a 2-page paper that includes a brief summary of your sources, your opinion, and what you have
learned about the responsibility of journalists generally and editors specifically.
Complete the assignment listed below, using the space below the description for notes that you make while
reading about the topic. Upon completion of assignment below, create a powerpoint presentation (as a group) to
include all the elements described in the assignment. Be prepared to present the presentation to the class as a
group, ensure each person in your group has a speaking part.
Group 6: What is diversity and what does it mean to us?
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Research to learn the ethnicity of our high school and our town
Go to http://poynteronline.org/content/content_view.asp?id=1187 and Select two topics to review.
Write a one-page analysis and commentary on what you have learned.
Review last year's yearbook for diversity, and prepare a brief summary on how we did.
Write a plan to diversify coverage in our yearbook. Include at least five concrete, tangible ways we
can do this.
TEACHER KEY:
Group 1 - The First Amendment
Locate and analyze a copy of the First Amendment. Paraphrase the act and interpret its overall meaning SEE
WEBSITE: http://topics.law.cornell.edu/wex/First_amendment
Research and define the Alien and Sedition Acts. Briefly summarize the acts. How does this information
correlate with the First Amendment?
Under the threat of war with France, Congress in 1798 passed four laws in an effort to strengthen the Federal
government. Known collectively as the Alien and Sedition Acts, the legislation sponsored by the Federalists
was also intended to quell any political opposition from the Republicans, led by Thomas Jefferson.
The first of the laws was the Naturalization Act, passed by Congress on June 18. This act required that aliens be
residents for 14 years instead of 5 years before they became eligible for U.S. citizenship.
Congress then passed the Alien Act on June 25, authorizing the President to deport aliens "dangerous to the
peace and safety of the United States" during peacetime.
The third law, the Alien Enemies Act, was enacted by Congress on July 6. This act allowed the wartime arrest,
imprisonment and deportation of any alien subject to an enemy power.
The last of the laws, the Sedition Act, passed on July 14 declared that any treasonable activity, including the
publication of "any false, scandalous and malicious writing," was a high misdemeanor, punishable by fine and
imprisonment. By virtue of this legislation twenty-five men, most of them editors of Republican newspapers,
were arrested and their newspapers forced to shut down.
One of the men arrested was Benjamin Franklin's grandson, Benjamin Franklin Bache, editor of the
Philadelphia Democrat-Republican Aurora. Charged with libeling President Adams, Bache's arrest erupted in a
public outcry against all of the Alien and Sedition Acts.
Many Americans questioned the constitutionality of these laws. Indeed, public opposition to the Alien and
Sedition Acts was so great that they were in part responsible for the election of Thomas Jefferson, a
Republican, to the presidency in 1800. Once in office, Jefferson pardoned all those convicted under the
Sedition Act, while Congress restored all fines paid with interest.
SEE: http://www.earlyamerica.com/earlyamerica/milestones/sedition/
Read Brandenburg vs. Ohio, 1969. Summarize briefly the decision. What conclusions can you draw given the
First Amendment?
The ruling reversed a previous Supreme Court decision setting a new precedent for the "clear and present
danger" standard in First Amendment cases. The Court now held that a person's words were protected as free
speech as long as they did not directly incite unlawful action. Concerns became raised later that the standard
established in the decision was not appropriate in situations involving mass communications through the
Internet and popular talk-shows in the 1980s and 1990s.
Read more: http://law.jrank.org/pages/23049/Brandenburg-v-Ohio-Significance.html
Group 2 - The five elements of libel
What is libel? Locate and define the five elements of libel
Libel and slander are legal claims for false statements of fact about a person that are printed, broadcast,
spoken or otherwise communicated to others. Libel generally refers to statements or visual depictions in
written or other permanent form, while slander refers to verbal statements and gestures. The term
defamation is often used to encompass both libel and slander.
http://www.medialaw.org/Content/NavigationMenu/Public_Resources/Libel_FAQs/Libel_FAQs.htm
The five elements of libel are - publication, identification, defamation, fault, and injury.
Publication need only be the dissemination of the defamation to one person other than the victim.
Identification is usually limited to an individual. The plaintiff must show the publication identified him or her
as the libelled party. The standards for group libel vary from state to state and are difficult to prove.
Defamation must be proven by the plaintiff. Did the publication contain a false defamatory fact which held
them up to public ridicule?
Fault must be "persuasively demonstrated" on the part of the publisher or broadcaster.
Actual injury must be shown by the plaintiff. He or she must demonstrate some loss of money, reputation, or
standing in the community, or evidence of metal anguish and suffering.
Give credit to the source you found the information
http://www.emunix.emich.edu/~jcooper/emlaw/unit4_lib.html
Define negligence as it compares to malice.
Celebrities, politicians, high-ranking or powerful government officials, and others with power in society
are generally considered public figures/officials and are required to prove actual malice. Unlike these
well-known and powerful individuals, your shy neighbor is likely to be a private figure who is only
required to prove negligence if you publish something defamatory about her.
SEE: http://www.citmedialaw.org/legal-guide/proving-fault-actual-malice-and-negligence
What are the defenses to libel? to malice?
LIBEL:
Truth is generally a complete bar to recovery by any plaintiff who sues for libel. Making sure that any
potentially libelous material can be proven true can avoid needless litigation.
Fair report. Libelous statements made by others in certain settings often are conditionally privileged if the
reporter, in good faith, accurately reports information of public interest. This privilege usually applies to official
meetings such as judicial proceedings, legislative hearings and grand jury deliberations.
Neutral report. Although less broadly recognized, this privilege can protect the publication of defamatory
statements made by one public figure about another public figure. The report must be presented in a neutral
manner.
Opinion is still protected speech under the First Amendment, although the Supreme Court limited the formerly
broad reach of opinion protection in Milkovich v. Lorain Journal.12 The court ruled that there is no separate
opinion privilege, but because factual truth is a defense to a libel claim, an opinion with no "provably false
factual connotation" is still protected.
As a result of this decision, courts will examine statements of opinion to see if they are based on or presume
underlying facts. If these facts are false or defamatory, the "opinion" statements will not be protected.
Consent. If a person gives permission for the publication of the information, that person cannot later sue for
libel. However, denial, refusal to answer or silence concerning the statement do not constitute consent.
The statute of limitations for bringing libel suits varies from state to state. Generally the time limit for filing a
libel lawsuit starts at the time of the first publication of the alleged defamation. If the plaintiff does not sue
within the statutory time period, the litigation can be barred.
Although a retraction is not usually considered an absolute defense to a libel claim, it may reduce the damages
a defendant must pay if found liable for defamation. Before agreeing to publish a retraction, consult an attorney.
http://www.rcfp.org/handbook/c01p08.html
MALICE:
It should be noted that the actual malice standard focuses on the defendant's actual state of mind at the
time of publication. Unlike the negligence standard discussed later in this section, the actual malice
standard is not measured by what a reasonable person would have published or investigated prior to
publication. Instead, the plaintiff must produce clear and convincing evidence that the defendant actually
knew the information was false or entertained serious doubts as to the truth of his publication. In making
this determination, a court will look for evidence of the defendant's state of mind at the time of
publication and will likely examine the steps he took in researching, editing, and fact checking his work.
It is generally not sufficient, however, for a plaintiff to merely show that the defendant didn't like her,
failed to contact her for comment, knew she had denied the information, relied on a single biased source,
or failed to correct the statement after publication. http://www.citmedialaw.org/legal-guide/provingfault-actual-malice-and-negligence
Given this information, what are your responsibilities as a journalist?
Answers will vary.
Group 3 - Student press law
Locate and review the Tinker Case, 1969. Write a brief summary of the decision
In the landmark case of Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 89 S. Ct.
733, 21 L. Ed. 2d 731 (1969), the U.S. Supreme Court extended the First Amendment's right to freedom of
expression to public school students. The ruling, which occurred during the Vietnam War, granted students the
right to express their political opinions as long as they did not disrupt the classroom. The Court made clear that
public school administrators and school boards could not restrict First Amendment rights based on a general
fear of disruption. http://legal-dictionary.thefreedictionary.com/Tinker+decision
Locate and review the Hazelwood Case, 1988. Write a brief summary and compare that decision with Tinker.
In January 1988, the United States Supreme Court handed down its decision in the case Hazelwood
School District v. Kuhlmeier. The decision upheld the right of public high school administrators at
Hazelwood East High School in suburban St. Louis, Missouri, to censor stories concerning teen
pregnancy and the effects of divorce on children from a school-sponsored student newspaper.
The "Hazelwood" decision was in dramatic contrast to the previous 15 years' decisions of courts across
the country that had given student journalists extensive First Amendment protections. As a result, many
students and advisers are concerned about the status of their rights.
http://www2.scholastic.com/browse/article.jsp?id=4721
In the "Hazelwood" decision, the Court said that a different test would apply to censorship by school officials of
student expression in a school-sponsored activity such as a student newspaper that was not a public forum for
student expression. When a school's decision to censor is "reasonably related to legitimate pedagogical
concerns," it will be permissible. In other words, if a school can present a reasonable educational justification
for its censorship, that censorship will be allowed. http://www2.scholastic.com/browse/article.jsp?id=4721
This is different than the Tinker decision which only addressed the disruption of school. Tinker did not involve
any censorship by administrators.
Which decision does your high school fall under and why?
Colorado high schools fell under Hazelwood until 1990, when Roy Romer signed a bill returning the state
to the Tinker decision. See Colorado Revised Statute 22-1-120.
For additional information and help with this question, go to http://www.splc.org
Read one article from the Student Press Law Center site, and write a brief summary of the case and how the
First Amendment applied.
Responses will vary.
Group 4 - What are ethics?
Locate and review The Society of Professional Journalists' Code of Ethics (http://www.spj.org/ethicscode.asp
) and the codes of other organizations and newspapers.
For each of the four subheadings, write a brief summary.
1. Seek truth and report it, 2. Minimize harm, 3. Act independently, 4. Be accountable.
http://www.spj.org/ethicscode.asp
Comment on what you have learned from this code compared to your perception of journalistic integrity in
today's society. Answers will vary.
Write a personal code of ethics that includes at least two subheadings and eight statements. Answers will
vary.
Group 5 - The truth, Jayson Blair, and The New York Times
Locate and review at least three (you may have more) reliable sources regarding Jayson Blair. Answers will
vary. See http://www.nytimes.com/2003/05/11/national/11PAPE.html for more info on Jayson Blair.
Ultimately, he lied, plagiarized, fabricated and committed fraud in the course of writing for The New
York Times for four years.
Review briefly the cases of Steven Glass, New Republic and Janet Cooke, The Washington Post. How is
Blair's case the same or different?
Glass fabricated stories for The New Republic over a three-year time period, made up events, quotes,
and sources. Janet Cooke wrote for The Washington Post and won a Pulitzer Prize for an entirely
fabricated story about an 8-year-old heroin addict. The cases are all similar, just varying in the degree of
lies.
Write a 2-page paper that includes a brief summary of your sources, your opinion, and what you have learned
about the responsibility of journalists generally and editors specifically. Answers will vary.
Group 6 - What is diversity and what does it mean to us?
Research to learn the ethnicity of our high school and our town
Go to http://poynteronline.org/content/content_view.asp?id=1187 and Select two topics to review. Write a
one-page analysis and commentary on what you have learned. Answers will vary.
Review last year's yearbook for diversity, and prepare a brief summary on how we did. Answers will vary.
Write a plan to diversify coverage in our yearbook. Include at least five concrete, tangible ways we can do
this. Answers will vary.