Media Law & Ethics Week 2
Media Law & Ethics Week 2 MC 4301
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This 5 page Class Notes was uploaded by Callie Burnett on Sunday September 6, 2015. The Class Notes belongs to MC 4301 at Texas State University taught by Francis E. Walsh in Summer 2015. Since its upload, it has received 37 views. For similar materials see Media Law & Ethics in Journalism and Mass Communications at Texas State University.
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Date Created: 09/06/15
Media Law and Ethics Week 2 Notes Chapter1 Cont d Chapter 2 Ethics News of the World The close relationships between the newspaper owners politicians and the police has raised wider questions about how the industry is regulated and the influence of major media owners News International has apparently uncovered emails suggesting tens of thousands of pounds were paid to police over the years in exchange for information Alleged phonehacking victims often criticized the police for failing to properly investigate and for being too close to the media Politicians have also been accused of being too scared of Rupert Murdoch to pay full attention to this going scandal Murdoch s business News Corporation is the parent company of News International which owns The Sun The Times and the News of the World Spin spin doctors PR ploy PR maneuver PR effort these denigrating epithets in the news media and in normal daily conversations between normal educated citizens More and more people are paying attention to what we as public relations professionals are doing And more and more they re calling us on actions they consider unethical Ethics Matrix Disclosure Misleading Information Promotion of inferior productsservices Internet ethics Commercial research and privacy Online marketing ethics Promoting adult items to teens SPAM BursonMarsteller Facebook Hires PR Firm to Smear Google Facebook Inc used controversial tactics to try to shift the online privacy spotlight away from itself and onto rival Google Inc Facebook hired WPP Group PLC s BursonMarsteller to pitch journalists and security experts on stories that questioned and criticized Google s practice of collecting information from people s Facebook and other socialnetworking accounts The strategy backfired when bloggers and journalists disclosed Facebook s behindthescenes role forcing the company to explain its tactics Rosanna Fiske the chief executive of the Public Relations Society of America and Burson Marsteller s lack of disclosure is deceptive and violates her organization s ethical standards Professional Standards of Conduct Public Relations Society of America PRSA This Code applies to PRSA members The Code is designed to be a useful guide for PRSA members as they carry out their ethical responsibilities This document is designed to anticipate and accommodate by precedent ethical challenges that may arise Professional Values Principles of Conduct Commitment and Compliance Ethics Sixstep ethical matrix 1 Define specific ethical issueconflict Identify internal or external sources that may influence decision Identify key values Identify affected publics with decision Ethical principles to guide decision Make decision and document it 9707990 Advertising Ethics and Principles America Advertising Federation AAF Truth Substantiation Comparisons Bait Advertising Guaranties and Warranties Price Claims Testimonials Taste and Decency Armstrong Williams pay for play Graham Williams Group was hired by Ketchum PR to promote the Bush administration s no Child Left Behind Act Armstrong Williams conservative commentator was paid 240000 by the US Department of Education to support the act in his newspaper column and on his television show Williams did not indicate in that he was being paid by the government He acknowledged the payments but would not return them Who was responsible for the disclosure Williams or Ketchum Ketchum reversed an initial statement on the incident and apologized for paying Armstrong Williams to promote the government program Ketchum called it a lapse in judgment Cleansing the news Cutting out negatives As a candidate for governor of New York William F Weld s staff significantly altered two newspaper articles on his Web site about his bid for governor Also removed from were references to a federal investigation of a trade school that Weld led until he left to run for governor Nothing told readers about the changes or indicated that some parts of the articles were not induded A spokesman for Weld s campaign defended the revised news stones He said no words were replaced or inserted and that it was normal in publicity material to highlight flattering passages from news stories and leave out criticism Money Matters Big Money Matters More Shona Seifert a former Ogilvy amp Mather executive was sentenced to 18 months in prison for her role over billing the US government by 1 million on a contract with the Office on National Drug Control Policy in an effort to cover a 3 million revenue shortfall The prosecutor said Seifert masterminded the plan to persuade dozens of Ogilvy staffers to fraudulently after their time sheets to bill hours to the government s account for hours they had not actually worked Seifert s sentence earned a 125000 fine and she wrote a code of ethics for the advertising industry as part of her 400 hours of community service Her codefendant Ogilvy s former financial director was sentenced to 14 months in prison and to pay an 11000 fine for his part in the scheme First Amendment amp Prior Restraints Chapter 2 First Amendment to the US Constitution Constitution ratified 1778 Bill of Rights 1791 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 the right of the people to peaceably assemble and to petition the government for a redress of grievances Social and technological conditions Low level of literacy Few newspapers and some pamphlets If a nation expects to be ignorant and free it expects what never will be Thomas Jefferson Who said this the gravest threats against our national peace and safety have been uttered within our own borders There are citizens of the United States blush to admit born under our flags but welcomed by our generous naturalization law to the full freedom and opportunity of America who have poured the poison of disloyalty into the very arteries of our national life President Woodrow Willson First Amendment amp Prior Restraints Prior Restraint fst Amendment Congress Shall make no law Geberal understanding is that government cannot censor media that is stop the publication of information censor your speech stop your demonstration First Amendment CheckIn Let s check in with you Think about it for a minute Then i ll call on one student to answer the question how ABSOLUTE is your freedom To publish To speak To assemble First Amendment amp Prior Restraints Generalbackground Cases Content hard copy broadcast internet Cases Sedition internal threats from international parties and labor unions Cases Noncontent time place manner speech and protests Cases Private v Public Property Cases Hate Speech Cases Protection of US Flag Cases 1972 Branzburg v Hayes Freedom of the press is a fundamental personal right is not confined to newspapers and periodicals lt necessarily embraces pamphlets and leaflets The press in its historic connotation which affords a vehicle of information and opinion The information function of the organized pressis also preferred by lectures political pollsters novelists academic researchers and dramatists Almost any author may quite accurately assert that he is contributing to the flow of information to the public Early indicators 50 years prior to Bill of Rights 1735 John Peter Zenger Cases New York publisher charged with seditious libel of state governor Specifically charged with printing and publishing a false scandalous and seditious libel in whichthe governor is greatly and unjust scandalized as a person that has no regard to law nor justice Zenger case continued despite the state simply having to show that Zenger published the statements his attorney Andrew Hamilton directly appealed to the jury and the jury found Zenger innocent While historical the case had little impact on other seditious libel cases First Amendment milestones 1798 Alien and Sedition Act passed in preparation for war against France stated that write print or publish or knowingly and willingly assist or aid in publishing writing uttering or publishing any false scandalous and malicious writing or writings against the government of the United States or either house of the Congress of the United States or the president of the United States with intent to defame the said government or either house of said Congress or the said President or to bring them or either or any of them the hatred of the good people of the United Sates or to stir up sedition within the United States 2000 fine or 2 years in prison More than a dozen persons convicted under the Act Congressman Lyon fined 1000 and sentenced to 4 months in jail wrote for a newspaper that President Adams was grasping for power and possessed an unbounded thirst for ridiculous pomp foolish adulation and selfish avarice 1833 Baron v Mayer of Baltimore US Supreme Court said that provisions of the Bill of Rights in federal constitution applied only to actions by the federal government and these did not apply to state laws and regulations Espionage Act of 1917 Preparation for World War I Act made it a federal crime to aid and comfort the enemy and included provisions that in certain circumstanced punished speaking our against the war effort as well 2000 arrests 1000 convictions Supreme Court upheld Act Milestone US Supreme Court cases 1919 Schenck v US Schenck and his small band of socialists made their disapproval of the way known by publishing a pamphlet that urged young men selected for the draft to refuse to report for induction Charged and convinced under Espionage Act 1919 Abrams v US Abrams and his communist friends were concerned that bulets made to fight Germans might instead by used to kill Russian communists engaged in a civil war after the overthrow of the czar in 1917 Abrams helped publish pamphlets urging Americans working in munitions factories to strike Charged and convicted under Espionage Act Schenck and Abrams Convicted In appeal both claimed First Amendment protection Supreme Court upheld convictiones began the development of speech tests Speech Test Elements Justice Oliver Wendell Holmes Jr The question in every case is whether the words are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent Justice Holmes and Brandeis dissent in Abrams case Laissezfaire approach to the marketplace of ideas bad speech should not be restricted y government laws and regulations but by more good speech The best idea will prevail 1919 Debs v US Eugene Debs was the widely known head of the Socialist Part Convicted under Espionage Act because he defended anti draft activities Sent to prison While he was in prison he was nominated for president and received one million votes in the 1920 election 1925 Gitlow v New York Gitlow wrote the Left Wing Manifesto and the newspaper The revolutionary Age He was convicted because his writings urged labor unrest under the New York law He appealed using the 14th Amendment of US Constitution Court upheld conviction but said 14th Amendment gave the court jurisdiction to review state court decisions
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