Journalism S-100Public v. Private,

MeetingsBeat reporting

July 13

What’s new and what’s news

About the first assignments

Questions/comments on atmosphere story and personality profile

When stylebook exercises and journals will be returned

Discussion boards

Public v. private peopleand the public’s right to know

According to ethics instructors at the University of Maryland’s Philip Merrill School of Journalism, the First Amendment and the case of New York Times v. Sullivan give news organizations the right to print or broadcast virtually anything about a public person, as long as there is no malice intended.

The case referenced: New York Times v. Sullivan, was decided in March 1964 in favor of the Times.

According to the Web site oyez.org, the case was about a full-page ad in the Times alleging the arrest of Martin Luther King, Jr. for perjury in Alabama was an effort to destroy King’s efforts to encourage blacks to vote.The Sullivan in the case is L. B. Sullivan, a Montgomery city commissioner, who filed a libel action against the newspaper, claiming that the allegations against the Montgomery police defamed him personally. Under Alabama law, Sullivan did not have to prove that he had been harmed and he won a $500,000 judgment, which the Times appealed to the Supreme Court.

The question argued before the Supreme Court was whether Alabama’s libel law unconstitutionally infringe on the First Amendment's freedom of speech and freedom of press protections.

The Court held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice.

Under this new standard, Sullivan's case collapsed.

Retired Justice William J. Brennan, Jr., who wrote the Sullivan decision, defined malice as "knowledge that the [published information] was false" or that it was published "with reckless disregard of whether it was false or not."

The Supreme Court later extended the Sullivan rule to cover "public figures," meaning individuals who are not in public office but who are still newsworthy because of their prominence in the public eye.

Over the years, American courts have ruled that this category includes celebrities in the entertainment field, well-known writers, athletes and others who often, or regularly, attract attention in the media.

The federal and state courts offer more legal protection to private individuals, those who have no reason to expect regular media attention, than to public officials.

American courts make strong legal distinctions between public and private individuals and their rights and expectations.

Courtesy of the U.S. Department of State's Bureau of International Information Programs Web site

But having the legal right to publish something does not mean it is the right thing to do. Several issues must be weighed in the balance:

Is the person harming someone or someone’s property?

Does the action directly conflict with the person’s public stance, actions or views on something?

Is a law being broken?

Does the public have a legitimate right to know, as opposed to a desire to know?

• Some scholars and advocates say the public has no need to know about private issues in a public person’s life, that such things don’t necessarily affect the way the person does his/her job.

• But when a public person does something in private that brings into question their ability to carry out their public duties, or contradicts their public statements, stance or actions, then the information may cross into the realm of the public’s right to know.

Many news organizations recognize the rights of private citizens to control what they say and do, and recognize that such words and actions are not necessarily usable in a story.

From National Public Radio’s code of conduct:

We recognize that private people have a greater right to control information about themselves than do public officials and others who seek power, influence or attention. Only an overriding public need to know can justify intrusion into anyone's privacy.

Note that the statement harks to a NEED TO KNOW, not a DESIRE TO KNOW.

Sometimes private people commit or are involved in public acts, which are documented with public records:

Car accidents/collisions Statements at meetings, rallies, demonstrationsArrestsPerformance in plays, festivalsParticipation in a public eventCompetition in a sport or activityOthers?

The reporter then must determine the public’s right to know and the newsworthiness of the action or statement against the citizen’s right to privacy.

Kelly McBride, ethics group leader at The Poynter Institute and a former reporter, offers these thoughts:

Information you leave out of a story should not directly contradict the information you put in.

What you put in the story should not contradict the facts you leave out.

Although stories give only a slice of a person or issue, and never the entire picture, journalists should take all steps necessary to ensure that it is a representative slice.

Courtesy of The Poynter Institute

From Bob Steele at the Poynter Insitute, from his online column:

Journalists should ask themselves some important questions as they balance this public need to know with an individual’s right to privacy.

What is my journalistic purpose in seeking this information? In reporting it?

Does the public have a justifiable need to know? Or is this matter just one in which some want to know?

How much protection does this person deserve? Is this person a public official, public figure, or celebrity? Is this person involved in the news event by choice or by chance?

What is the nature of harm I might cause by intruding on someone’s privacy?

Can I cause considerable harm to someone just by asking questions, observing activity, or obtaining information even if I never actually report the story?

How can I better understand this person’s vulnerability and desire for privacy? Can I make a better decision by talking with this person?

What alternative approaches can I take in my reporting and my storytelling to minimize the harm of privacy invasion while still fulfilling my journalistic duty to inform the public?

For instance, can I leave out some "private" matters while still accurately and fairly reporting the story?

Or can I focus more on a system failure issue rather than reporting intensely on one individual?

Courtesy of the Poynter Institute

Meetings

Meeting is not another word for BORING.

Reporters who cover government – federal, state, city, county, school – attend, report on and write about meetings.

There is contention about such coverage. In an age of dwindling resources and hard-copy readership, newspapers are loath to send reporters to meetings that may not yield juicy stories.

And readership survey responses show institutional coverage (meetings) is low on the reader priority list.

Labeling a story “a meeting story” is the journalistic equivalent of holding an L to the forehead: it’s a loser, say some editors, publishers and critics.

But meetings are important elements of public life.And public meetings are ESSENTIAL elements in a democratic government. They are where government conducts business in the public eye.

Reporters who write about the doings of U. S. Congress are COVERING A MEETING. The session is one long meeting interrupted by breaks until it is finally gaveled to a close.

Note the current stories about Congressional activity: immigration reform, legislation to address issues with detainees. And at the state level, the proposed Constitutional amendment banning same-sex marriages.These stories have their roots in proposals, debate and action taken at meetings.

Information about public meetings fuels blogs and citizen journalism.

Meetings provide fodder for pundits and topics for letters-to-the-editor writers, and for editorial writers and columnists.

There’s interest in what happens with tax dollars. There is interest in what happens to people’s rights and property.

Stories about meetings do not have to be boring. In fact, they’re often packed with drama, contention, great quotes and action.

Rule Number 1: Know what the meeting will be about.

Read the agenda. Do your homework. Go in knowing the key players, the key issues, the key controversies.

Sometimes the agenda lets you know a meeting really IS going to be boring, or at least not the stuff of tension and conflict.

If the school board met to approve paying the bills, granting a maternity leave and hiring a custodian, there’s not much of a story.

But the board took action, and that can be encapsulated in a scorecard or other graphic element so readers have a record of what happened.

That leads to Rule Number 2: If there is no story, don’t write one.

Reporters who cover legislatures and Congress don’t report on everything that happens. They don’t attend every moment of the session. They read the agendas and pay attention to what’s happening. They check with their sources and keep tabs on relevant issues. They follow stories as they evolve.

Three major continuing “meeting” issues have been in the news in the past two days: the proposed Constitutional Amendment banning gay marriage in Massachusetts, proposed legislation regarding treatment of detainees and the immigration reform bill.

Meetings can be fertile ground for story ideas, and they are a good place to cultivate and connect with sources.

You find out who is for and against proposed action, and who such action will affect.

You find out about programs and activities, initiatives and ideas, complaints and concerns.

And you hear about the undercurrents, things that may lead to a story.

Reporters have another function at meetings: to serve as watch dogs and make sure the public’s business is conducted in public. Which leads to rule number 3: know your state’s open meetings and open records laws.

Government business meetings are public, including retreats. Governments are required to provide prior public notice of such meetings.

Emergency public meetings also require prior public notice. Generally at least 24 hours notice is required, except in cases of extreme emergency. Even then, the governing body is required to contact the local media and post notice of the meeting.

They must furnish an agenda prior to the meeting to anyone who requests one.

There are exceptions to conducting the public’s business in public.

A quorum of members of the governing body cannot meet together out of public view unless they are meeting in closed or executive session. And the executive session must be advertised, just like public sessions.

But while the elected officials can discuss possible action items, they cannot TAKE action in a closed session.

Public meetings laws generally set parameters for what can and cannot be discussed in closed session.

Potential litigation, personnel issues and pending property acquisitions are the most frequently cited reasons for closed sessions.

Boards, councils, commissions and other elected bodies are supposed to note the potential for a closed session on the agenda. These should not be “surprises.”

Make sure officials provide the reason for the closed session and state the anticipated length of that session.

Officials are supposed to announce whether action may take place when the group emerges from the closed session.

Some states, like Oregon, allow reporters to sit in on closed sessions. The agreement is that we can listen, but cannot report on what is said.

That doesn’t mean we can’t talk to officials afterward and attempt to get someone to discuss the session on record. And if the council/board/commission violates the open meetings laws – for example, decides how to vote – then the reporter can report on the session.

Regarding meetings:

Note The action takenHow members votedWho was in the audience Reaction of the audienceArguments for and againstClosed or executive sessionsCommunication outside the meeting

Beats

Two kinds:

Geographical: The place where business is conducted: A specific city hall, courthouse police department

Topical: an area of focus: business, education, social services, politics

The two flavors of beats often blend, especially at small to mid-sizednews organizations.

For almost every beat:

Learn the system.Get to know the people.Develop sources.Be persistent.Be prepared.Read everything you can: laws, other news coverage, reports.Ask questions.

Never let friendship interfere with your professional responsibilities! Especially important on beats like government, schools, police, courts. These are beats on which reporters spend more time with sources than their friends.

Public affairs/government beats

Include federal, state, county, port, city, school, agencies

They’re both geographical and topical.

Locally focused.

Key elements:Budgets, taxes and expendituresPoliticsZoning and planningOrdinances, policies, laws

Cities

Forms of government vary from city to city Some use mayor-council, others council-manager or

commissions.

Reporters have to understand the structure: Weak mayor/strong mayorWho has power

Who makes and administers policy?Who runs/manages the city?

Reporters have to understand the departmentsWhat they are; what they do

Reporters have to know the committees and commissions: planning, zoning, budget, parks and recreation, cemetery, water and sewer.

Reporters have to know the other players: other governmentsInterest groups, political parties, unions and other organized groups.

Reporters have to know the social and economic health of their city

Reporters must know the laws, policies and procedures governing the actions of officials and departments.

They must know what the city can and cannot do.

Ordinances: lawsThese are action items voted on

(enacted) by the elected officialsResolutions: declaration or

advisory.These are voted on (adopted) by the

elected officials.

Reporters must provide the public with advance notice and providing context.

Reporters generally focus on what they believe will be the most important item on the agenda, based on research and reporting.

Good reporters find people the proposed action will affect. They provide the readers with a reason to care.

Reporters must understand the budget process, including different categories, revenues and expenditures.

Public money funds all of the government entities, so covering the budget process, and the budget, is crucial.

Reporters need to know where the money comes from and where it goes.

Budgets generally include a daily operating component and a long-range component. Some also include a debt service component.

Reporters should be able to compare previous and proposed budgets, and keep track of spending and revenues throughout the fiscal year.

Like city governments with both geographical and topical elements:

County/Port: larger area, often economic development and environmental coverage folded into these

State: State house/Assemblies/Governors/Agencies

Federal: Congress/Executive Branch/Judicial Branch/Agencies

They are larger entities, which means more departments/agencies, more elected and appointed officials and administrators, more laws, policies and procedures, more complicated budgets, more revenues and expenditures. Also longer meetings

SCHOOLS

This a form of local government.

States and local communities tend to spend more money on schools than almost any other tax-supported service.

Reporters need to know the structure of the systemFederal education departmentState education departmentRegion, county or city managementDistrictSchool

They have to understand the governing board: city council, school board

They have to understand the management: elected or appointed superintendent?

They have to know the budget process.

They have to know the federal and state laws and local policies and regulations

They have to understand the accountability systems

They have to understand the role of testing and report test scores so the readers understand their significance

They have to know the learning standards and requirements

They have to know the facilities

They have to know the issues.

They have to cover the elections (officials, levies, bonds) and the meetings.

They have to get into the classrooms.

SPORTS

Hugely popular section of the newspaper. Avid readers.

Elements that make up the sports beat:

The different sportsGamesProfilesActivitiesActionsMoneyPolitics

Game stories are mini-dramas. Lots of detail, lots of emotion, but sports writers, like other reporters, have to be careful of their own biases and opinions.

Have to know the key sports: the rules, the mechanics, the vocabulary.

Lots of personality profiles in sports

Observation is critical. Good interview skills a must.

Regulations, laws, policies, contracts also figure prominently in sports.