6. Sources of ideas
• “Steal” (Get inspiration from others)
• Ask readers
• Turn ideas around
• Mapping diagrams
• Point of view diagrams
• Noticing your surroundings
• Read old stories
7. “Stealing”
• Read other papers in your area.
• Read major national papers.
• Read respected, innovative smaller
papers.
• Read news magazines, other magazines.
• Read the wires.
8. Ask readers
• Ask readers and sources, “What do
you want to know about your
community?”
• Ask people if they have heard of
anything interesting or unusual.
9. • Joseph Alsop’s strategy.
– Alsop wrote five columns a week for 40 years.
– He asked 20 people every day (100 a week)
what they wanted to know.
– He needed only 5 percent to be good ideas.
10. Turn ideas around
• Stand ideas on their head.
• Turn them inside out.
• Put unlike things together.
– Brandon Tartikoff, a TV executive, put
together the ideas of MTV and cops, and
came up with the idea for the series Miami
Vice.
11. Mapping
• Write a general topic in the center of a
piece of paper.
• Indicated spin-offs or subtopics.
• Example: Kids and guns.
– State and federal gun laws.
– Training programs.
– Injury and death rates.
– School safety.
12. Point of view
• Write an event, issue or topic in the
center of a piece of paper.
• Draw lines radiating from center
indicating all relevant points of view.
14. Noticing your surroundings
• Watch what’s happening around you.
– Businesses closing, new construction, etc.
• Vary your routine.
– Take different routes to work.
– Do something different on your lunch hour
or breaks.
– Attend gatherings: church socials, Star
Trek conventions, political caucuses.
15. Read old stories
• Get out your stringbook and reread those
stories you wrote last year.
• Look for things to follow up.
• Keep anniversaries in mind.
• Reviewing your old stories will also help
you improve your reporting and writing.
16. Keep a file
• Put your story ideas in a file.
• Organize evergreens (stories that are not
tied to a specific event and therefore are
always fresh) by topic.
• File time-sensitive ideas by date.
17. Put the process to work
• Use the techniques described in this
section to generate five ideas for news
stories. Discuss those ideas with your
instructor or with the editor of a campus or
local newspaper or Web site. Try to turn
two or three of the ideas into stories.
19. What is news?
• What people talk about.
• What editors say it is.
• Something that wasn’t known yesterday.
• What’s interesting and important to many
people.
20. News values
• Timeliness
• Impact
• Prominence
• Proximity
• Singularity
• Conflict or Controversy
• Other Characteristics
21. Timeliness
• How recent are the events?
• The more recent the events, the more
newsworthy they are.
• News organizations constantly update
stories to emphasize the most recent
important developments. They also
follow what other organizations are
reporting so they know what is new.
22. Impact
• How many people will a story affect?
• The more people affected, the more
important the story.
• A story about a citywide street-
improvement plan will affect more people
than a story about a jewelry store burglary.
23. Prominence
• How well known are the people involved
in the story?
• Stories about famous people are more
newsworthy than stories about
unknowns.
• When an ordinary person catches a cold,
only friends and relatives care. When the
president catches a cold, the stock
market may fall.
24. Proximity
• Events that happen close to home –
where the newspaper or broadcast station
is located – are more newsworthy than
events elsewhere.
• A traffic accident in your town is more
newsworthy than a similar accident in
another town 30 miles away.
25. Singularity
• Events or situations that deviate from
what is ordinarily expected are more
newsworthy than stories about routine
events.
• When someone shoots and kills several
students in a school, that is more
newsworthy than the routine events in
thousands of other schools that day.
26. Conflict
• A story about a conflict between two
legislators is more newsworthy than one
about legislators who agree.
• Sometimes news organizations have
overemphasized conflict and overlooked
the importance of cooperation.
• The public journalism movement
attempts to address that imbalance.
27. Other Characteristics
• Factors affecting story selection:
– Humor.
– Focus on events.
– The medium (broadcast vs. print; weeklies vs.
dailies).
– Size of the community.
– Traditions and practices of the organization.
28. Types of news
• Journalists talk of hard and soft news.
• Hard news includes breaking stories of
broad impact: crimes, wars, disasters,
labor disputes, major legislation.
• Soft news includes feature stories and
human interest. Such stories are not
linked to specific events and may be
newsworthy anytime.
29. Public journalism
• Public, or civic, journalism encourages
readers and viewers to participate in
public life.
• Typically, practitioners of public
journalism try to find out what citizens are
interested in and then cover those issues.
• Public journalists also try to show how
problems can be solved.
30. News stories are…
• Written in the third person.
• Written in the past tense.
• Free of the writer’s opinions.
• Accurate.
• Concise.
• Complete.
31. Objectivity
• News stories should report facts and
the opinions of knowledgeable sources,
not the opinions of reporters and
editors.
• While no person can be completely
objective, journalists strive to be
impartial in the way they gather and
report the news.
• Seeking multiple sources with different
points of view enhances objectivity.
32. Accuracy
• Readers and viewers expect accuracy
and they are angry when news stories
are not.
– Confirm all dates, addresses, amounts and
other specific facts.
– Confirm the spellings of all names.
– Don’t assume a statement that sounds
accurate is accurate.
33. Some things news reports omit
• Offensive details
• Sensationalism
• Rumors
• Names of rape victims
• Unnecessary racial identifications
35. The issue
• Reporters use confidential sources for a
variety of stories.
• Those stories often raise allegations of or
contain evidence of wrongdoing.
• Prosecutors, defense attorneys, other
officials want to know where reporters got
their information.
36. The conflict
• If reporters identify people who give
them information, they may lose all
confidential sources.
• If reporters fail to testify, they may go to
jail for contempt of court.
37. Scope of problem
• Subpoenas have been used to seek
– the names of confidential sources,
– confidential information,
– unpublished notes and outtakes.
• Journalists have been asked to testify at
– grand jury proceedings,
– trials,
– criminal and civil proceedings,
– legislative hearings.
• Half of news organizations subpoenaed at
least once in 1993.
38. Branzburg vs. Hayes ruling
• U.S. Supreme Court majority recognized
some protection for newsgathering.
• But it refused to recognize a First
Amendment basis for confidentiality.
• The court held that benefits of reporting
about crime do not outweigh the
government’s interest in prosecuting
crime.
39. • Because of an ambiguously written
concurring opinion by Justice Lewis
Powell, news organizations have
argued with some success that there is
some right for journalists to protect
sources.
• Lower courts have turned to the
dissenting opinion by Justice Potter
Stewart for criteria for when journalists
may withhold information.
40. Stewart criteria
• Justice Stewart said a reporter may be
subpoenaed only if
– there is probable cause to believe a
reporter has clearly relevant information
about a probable violation of the law,
– the information cannot be obtained by
other means less destructive of the First
Amendment, and
– there is a compelling and overriding need
for the information.
41. Influence of Stewart dissent
• Nine of 12 U.S. Circuit Courts of Appeals
recognize some privilege.
• One has rejected privilege (6th Cir.) and two
(7th and 8th Cir.) have not ruled.
• Fifteen states have recognized some
privilege.
• Five have rejected or not ruled on the
Stewart criteria.
• Here are a few examples of the privilege
recognized by state courts.
42. Florida standard
• Reporter has relevant information.
• Information not available from other
sources.
• There is a compelling need for the
information.
43. Iowa standard
• Information is necessary or critical to the
cause of action or defense.
• Other reasonable means to obtain the
information have been exhausted.
• The action or defense is not patently
frivolous.
44. Kansas standard
• A reporter has a limited privilege to
withhold information.
• Disclosure may be compelled if the
information is central to
– an element of the offense
– proving a defense
– reducing the classification of the charge
– mitigating or lessening the sentence.
45. Shield laws
• Protect journalists from having to testify
in at least some circumstances.
• Thirty-six states and the District of
Columbia have such laws.
• Laws vary widely in what and who is
protected.
• There is no federal shield law, although
bills creating one have been introduced
in Congress.
46. Breakdown of shield laws
• Shield laws in 24 states provide qualified
protection for sources.
• Shield laws in 12 states plus the District of
Columbia provide absolute protection for
sources.
• No shield laws exist in 14 states.
47. Shield law issues
• Who is protected?
– Reporters, editors, producers, freelancers,
students; type of media.
• What is protected?
– Confidential sources and information,
nonconfidential information, outtakes?
• How extensive is the protection?
– Qualified or absolute? What are the
qualifications? Criminal and civil?
48. When a news organization burns
a source
• During a 1982 governor’s race in
Minnesota, the Minneapolis Star Tribune
published the name of a confidential
source.
• The source was fired from his job after
the story appeared.
49. • The source sued under a tort theory
known as promissory estoppel.
• The U.S. Supreme Court said such suits
were permissible under the First
Amendment.
50. Promissory estoppel
• Person may enforce a promise that is not
a contract if
– the defendant made an unambiguous
promise,
– the plaintiff relied on the promise to his or
her detriment, and
– enforcement of the promise is necessary to
avoid injustice.
52. Sixth Amendment
• In all criminal prosecutions, the accused
shall enjoy the right to a speedy and
public trial, by an impartial jury of the State
and district wherein the crime shall have
been committed....
53. Preliminary hearings
• Criminal defendants often say police gathered
evidence in violation of their Fourth Amendment
rights or obtained statements in violation of
their Fifth Amendment rights.
• These challenges are decided in preliminary
hearings before the trial.
• But evidence excluded from the trial may be
disclosed and published by media covering the
preliminary hearing.
54. When news coverage becomes a
concern
• Evidence of actual prejudice:
– difficulty impaneling a jury.
– evidence that jurors influenced by news reports or
other outside sources.
• Presumed prejudice (even in absence of
evidence):
– carnival-like atmosphere.
– proceedings lacking in solemnity and sobriety.
55. Convictions overturned
• Irvin v. Dowd (1961)
• Rideau v. Louisiana (1963)
• Estes v. Texas (1965)
• Sheppard v. Maxwell (1966)
56. The Sheppard case
• Dr. Sam Sheppard was arrested for
the July 4, 1954, murder of his wife,
Marilyn.
• Sheppard insisted the murder had
been committed by a bushy haired
man with whom he had struggled.
• Sheppard’s case attracted intense
news coverage throughout the
proceeding, locally and nationally.
57. • The publicity included reports that
Sheppard had a love affair with a nurse,
Susan Hayes, who eventually testified at
the trial.
• The jurors who were deciding
Sheppard’s fate were also the objects of
publicity, having their names and
photographs published in local
newspapers.
• Sheppard was convicted of second-
degree murder and sentenced to prison.
58. • The U.S. Supreme Court reviewed
Sheppard’s conviction in 1966 and said
the trial judge, Edward Blythin, had
failed to take necessary steps to
protect Sheppard’s right to a fair trial.
The court did not say what steps, if
any, a judge may take against news
media.
• Following the Sheppard case, judges
used a variety of techniques to
minimize the impact of news coverage.
59. Remedies for prejudice
(No direct interference with news gathering)
• Continuance
• Change of venue
• Change of venire
• Voir dire
– Peremptory challenge
– Challenge for cause
60. • Sequestration of jury
• Admonitions to jury
• Shield witnesses
• Caution reporters
• New trial
61. Remedies for prejudice
(Direct interference with news gathering)
• Restraints on publication
• Restraints on attorneys and parties to
case
• Closure of courtrooms
• Closure of court records
• Use of contempt power
• Restraints on cameras and other
equipment
62. Restraints on publication
• A prior restraint on news reporting may be
justified to protect a fair trial only after the trial
judge determines
– the nature and extent of prejudicial news coverage
poses threat to a fair trial;
– other measures would be unlikely to mitigate the
effects of the coverage;
– a restraining order would prevent the threat to a fair
trial.
• The U.S. Supreme Court adopted this test in
Nebraska Press Association vs. Stuart.
63. Restraints on attorneys, etc.
• Most states prohibit attorneys from making
out-of-court statements they know or should
know will prejudice a case.
• Prohibitions are constitutional only where
there is a substantial likelihood of materially
prejudicing a proceeding.
• Furthermore, such rules must give attorneys
fair notice as to what they may or may not
say.
64. Access to proceedings (Step 1)
• The First Amendment guarantees
access to trials, but not every kind of
judicial proceeding is open.
• When does a right of access exist?
Two guidelines:
– Is there an "enduring and vital tradition" of
public access to a proceeding?
– Does public access enhance the proceeding?
(Do the benefits of access outweigh the
benefits of secrecy?)
65. • These guidelines establish a First
Amendment right of access to trials
and many pretrial proceedings but not
to grand jury proceedings, petit jury
deliberations and other proceedings
traditionally closed.
66. Access to proceedings (Step 2)
• If a proceeding is one to which the
public has a right of access, it still may
be closed in a particular case if the
court finds
– a substantial probability that a defendant's right to
a fair trial will be prejudiced;
– closure would prevent the publicity;
– and reasonable alternatives to closure would not
protect a fair trial.
67. • Using this test, a court might ─ with
difficulty ─ find that the First
Amendment right of access to a trial
could be abridged.
68. Problematic information
• The following pieces of evidence are
ordinarily excluded from trial:
– Accused person's prior record of convictions
(unless the accused chooses to testify).
– Confessions, unless made after the accused
has been told of right to remain silent.
– Items seized in an unlawful search.
69. Problematic information
• Guidelines used by the U.S. Department of
Justice and found in state bar-press voluntary
codes endorse disclosure and publication of the
following:
– Defendant's name, age, residence, job, marital status
and similar information.
– Substance or text of the charge.
– Investigating and arresting agency, length of
investigation.
– Circumstances of arrest, including time, place, use of
weapons, resistance by defendant and description of
items seized.
70. Problematic information
• DOJ guidelines and bar-press guidelines
recommend but do not require
withholding or not publishing the following:
– Statements, admissions, confessions or alibis
attributable to the defendant.
– Investigative procedures, such as fingerprints,
polygraph tests, ballistics tests.
– Identity, credibility or testimony of prospective
witnesses.
– Evidence or arguments in a case.
– Observations about defendant's character.
71. DOJ limitations on agents
• Justice Department personnel shall not
volunteer information about a suspect's
prior criminal record, although some of
that information may be public.
• Justice Department personnel also shall
not assist news personnel in
photographing or televising a suspect.
• State and local agencies may have
similar policies.
72. Access to court records
• The right to inspect and copy court
records is based on common law, not the
First Amendment.
• Records are presumed open, but courts
may close them for good cause.
73. • "Good cause" is a low standard, but it
means more than preventing
embarrassment to a party.
• Appellate courts will overturn closure only
if trial judge abused her or his discretion.
74. Contempt of Court
• Direct contempt: Actions occurring in or
near the courtroom.
• Indirect or constructive contempt: Out-of-
court actions the judge believes may
influence the administration of justice.
• Punishing out-of-court statements as
contempt is permissible only if
statements pose a clear-and-present
danger to the administration of justice.
75. Camera access to courtrooms
• The Sixth Amendment does not require
an absolute ban on cameras and
electronic recording devices in the
courtroom.
• But the First Amendment does not
require state or federal courts to admit
them.
• All but a few states allow cameras and
other devices under a variety of
limitations.
76. Excluding cameras
• A defendant may win an order barring
cameras and other devices if
– news coverage has compromised the
ability of the jury to try her or him fairly; or
– in a particular case cameras may have
such an adverse impact as to deny due
process.
• The defendant must show more than
juror awareness that the trial is likely to
attract electronic coverage.
78. Elements of a libel suit
• Defamation
• Identification
• Publication
• Falsity
• Injury
• Fault
79. Defamation
• A communication is defamatory if it
– tends to so harm the reputation of another as
to
– lower him or her in the estimation of the
community, or
– deter third persons from associating or
dealing with him or her.
80. Roles of judge and jury
• The judge determines whether the
statements are capable of a defamatory
meaning ─ a question of law.
• The jury decides whether the
statements were understood as
defamatory ─ a question of fact.
81. Factual nature
• For a statement to be defamatory, it
must be one that a reasonable person
might understand as stating actual facts
about the plaintiff.
• Generalized insults, unflattering
statements may not be defamatory
even if false.
82. Libel per se
• The words are defamatory on their face.
• Examples are statements implying
– Criminal conduct.
– Professional incompetence.
– Sexual immorality.
– A loathsome disease.
83. Libel per quod
• A facially innocent statement becomes
defamatory when it is combined with
unstated facts known to the audience.
• The distinction between libel per se and
libel per quod is not as important as it
once was.
84. Libel by implication
• Although every fact in a publication may
be true, the arrangement of the facts or
the omission of some facts creates a false
and defamatory impression.
• Public officials and public figures must
prove publisher knew or had a high
degree of awareness of the false
implication.
• Private individuals must only prove
negligence.
85. Identification
• A libel plaintiff must prove that the
allegedly defamatory statement is "of and
concerning" him or her.
• Requires showing that the recipient of the
statement correctly or mistakenly (but
reasonably) understood the statement to
refer to the plaintiff.
86. Defamation of groups and
identification
• Publisher of defamatory statement
about a group may be liable to
individual members if
– the group is so small the statement can
reasonably be understood to refer to any
member, or
– the circumstances reasonably suggest the
publication refers to a particular member.
87. Publication
• Publication consists of communicating,
intentionally or negligently, defamatory
material to one other than the person
defamed.
• One who republishes defamatory
statements is liable for that publication
(with some exceptions).
88. Single publication rule
• One edition of a publication is a single
publication
• The edition is published when it is first
received by the general public.
89. Statute of limitations
• States require that a libel suit be brought
within a certain number of years of the
date of publication.
• In most states, it is two years, but some
states have one-year limits and others
have three-years limits.
90. Injury
• In many cases, the plaintiff must produce
evidence of actual injury.
• This can mean loss of reputation, mental
anguish, humiliation.
• Injury is presumed if the publication was a
knowing or reckless falsehood (actual
malice).
91. Types of damages
• Actual: Compensate plaintiff for injury to
reputation; hurt feelings; humiliation. Must
be supported by evidence.
• Special:Compensation for real, tangible,
pecuniary loss (lost business, lost wages
or salary, etc.) Must be supported by
proof and may not include projected or
future losses.
92. • Presumed: (Also called general damages.)
Damages a plaintiff can get without
proving any injury. Libel law used to allow
juries to presume injury. Now, presumed
damages can be awarded only on a
showing of actual malice.
93. • Punitive: Intended to punish bad
conduct on the part of the defendant
and deter such conduct in the future.
(Not allowed in a few states.)
• Nominal: A small award made when
there has been a breach of duty but no
substantial harm to the plaintiff.
94. Falsity
• Plaintiffs must prove the defamatory
statements are false in all cases where the
plaintiff is a public official or public figure
or where the plaintiff is a private individual
and the defamatory statement is a matter
of public concern.
95. Matter of public concern
• Supreme Court has not defined “public
concern” but four factors are relevant:
– Forum in which statement appeared.
(Statements in the mass media are more
likely to be of public concern.)
– Status of plaintiff. (A public figure or a private
person?)
96. – Whether statements concern politics or
government. (“Politics” should be considered
broadly to include any matters affecting how
people live their lives.)
– Motives of speaker. (Is the speaker trying to
alert people to an issue that may affect them
or is she seeking some personal benefit?)
97. Common law defenses: truth
• A defamatory statement of fact is not
actionable for defamation if it is true.
• Truth is a complete defense.
• The "sting" or the "gist" of the
defamatory charge must be true.
• Accurately repeating a defamatory
statement is NOT a defense. (Some
exceptions apply.)
98. Common law defenses: fair
report privilege
• Publication of defamatory statements
made in official documents, official
proceedings or public meetings dealing
with matters of public concern is privileged
• if the publication is a full, fair and accurate
abridgement of the document, proceeding
or meeting.
99. Protection for opinion and
Milkovich
• The U.S. Supreme Court said in Milkovich
vs. Lorain Journal that a defamatory
statement of fact, even if phrased as a
statement of opinion, may be the basis for
a libel action.
• However, four principles, developed in
other cases, provide substantial protection
for opinions as well as for other kinds of
statements.
100. • 1. Plaintiffs must prove defamatory
statements about matters of public
concern are false.
• 2. Rhetorical hyperboles or imaginative
expressions are not factual, cannot be
falsified and cannot be the basis for a
libel suit.
• 3. Public officials and public figures
must prove actual malice.
• 4. Appellate courts will review libel
judgments with extra care.
102. Four effects of Sullivan decision
• The most important libel decision is
New York Times vs. Sullivan. It
established four principles:
– First Amendment limits state libel law.
– Actual malice rule.
– Clear-and-convincing evidence standard.
– Heightened appellate review of libel
judgments.
103. Actual malice
• Public officials (and public figures) must
prove actual malice to win a libel suit. That
means proving the publisher either
– knew the communication was false and
defamatory of the other or
– acted in reckless disregard of whether it was
false and defamatory.
104. Indicators of actual malice
• The following may be evidence of actual malice:
– The publisher simply makes up a story.
– The story is based wholly on information from an
unverified anonymous source.
– The story is so inherently improbable that only a
reckless person would circulate it without
substantiation.
– There are obvious reasons to doubt the veracity of
the source.
– The publisher failed to check known sources that
would conclusively establish truth or falsity.
– The publisher continued to rely on information that
had been disavowed by the source who provided it.
105. • It is NOT evidence of actual malice when the
publisher…
– Displayed ill will or spite toward the subject or an
intent to harm the subject.
– Failed to investigate where
• there was no reason to doubt the information, or
• the story was breaking news.
– Made negligent errors such as confusing or
misspelling names.
– Selected a reasonable, but mistaken,
interpretation of ambiguous documents, etc.
– Took an adversarial or investigative stance.
– Disregarded a subject’s unsubstantiated denials.
106. Who must prove actual malice?
• Any plaintiff who is a public official.
• Any plaintiff who is a public figure.
• Any plaintiff who is seeking punitive
damages, even if that person is neither a
public official nor a public figure.
107. Who is a public official?
• Is in government.
• Has or appears to have substantial
responsibility for or control over
government affairs.
• High enough rank that public has an
interest in person’s performance and
qualifications beyond the general
interest in government employees.
108. Gertz decision
• Should private individuals have to prove
actual malice?
– Private individuals have not invited public scrutiny.
– They do not have media access.
– They are not shaping public affairs.
– Therefore, states may allow private individuals to
recover actual damages by showing the publisher
was negligent.
– But private plaintiffs must prove some degree of
fault.
109. Negligence
• Publishing what a reasonable and
prudent person would not; failure to
protect plaintiff from unreasonable
risk to reputation.
110. Public figures
• In Gertz vs. Robert Welch Inc., the U.S.
Supreme Court identified three kinds of
public figures.
– Involuntary
– General Purpose
– Limited Purpose
111. Involuntary public figure
• A person who has become a public figure
through no purposeful action of his or her
own.
• So rare as to be almost nonexistent.
112. General-purpose public figure
• Persons who have “assumed roles of
especial prominence” in society and have
acquired such “persuasive power and
influence” as to be public figures for all
occasions.
• These people must prove actual malice
regardless of the nature of the defamatory
statement.
113. Indicators of general-purpose
status
• Celebrity status – artists, athletes,
business people and anyone else famous
or infamous.
• Ability to influence the opinions and
actions of others.
• Extent of previous press coverage,
voluntariness of exposure, access to
media.
114. Limited-purpose public figure
• Persons who have “thrust themselves to
the forefront of a particular public
controversy” with the aim of influencing
the resolution of that controversy.
• Must prove actual malice only for
defamatory statements related to the
public controversy.
115. Determining limited-purpose
status
• Isolate a public controversy.
• Determine plaintiff voluntarily played a
prominent role in the controversy.
• Make sure the defamatory statements are
germane to the plaintiff's role.
• Determine plaintiff had regular and
continuing access to the media.
116. Identifying public controversies
• Must have received press coverage before
the defamatory statements were
published.
• Not every matter of public interest is a
public controversy, i.e., sensational
divorce cases.
• Generalized concerns, even about
important issues, are not public
controversies, i.e., government spending.
117. Public vs. private figures
• Public figures • Private figures
– Subject of organized – Person charged with
crime investigation. murder.
– Owner of consulting – Consulting firm with
firm with city government
contracts contracts.
– National sportswriter. – Assistant basketball
coach.
– Insurance company – Corporations with
that advertised on competitive ads on
health care issues. health insurance.
118. Corporations as public figure
• Factors to be weighed; none is
decisive.
– Notoriety of corporation to public in the
relevant geographic area.
– Nature of the corporation's business, i.e.
consumer goods vs. machine tools.
– Frequency and intensity of media scrutiny
the corporation normally receives.
119. How factors relate
Type of Plaintiff Type of Damages Level of Fault
Public official All damages Actual malice
Public figure All damages Actual malice
Private figure (public Actual Negligence (in most
concern) states)
Private figure (public Punitive Actual malice
conern)
Private figure (no public Presumed and punitive Negligence (in most
concern) states)
120. Neutral reportage defense
• A news organization is not liable for
republishing defamatory charges, even
if a reporter doubts them, when they are
– made by a responsible, prominent
organization
– and reported accurately and in a
disinterested manner.
• This defense is recognized in very few
states.
121. Checking stories
• Does the story contain defamatory
material?
• Check for unintended implications of
combinations of visuals and copy.
• Are the defamatory statements
newsworthy?
• Are persons clearly and accurately
identified?
122. • What evidence supports the defamatory
statements? Say nothing you can’t
support.
• Are the sources, documents credible and
reliable? (State any limitations.)
• Are there relevant sources that have not
been interviewed or examined?
123. • Is the story hot news? If not more
investigation may be necessary.
• Have you adhered to internal procedures?
• Do substantial doubts remain about the
accuracy of the story?
126. Elements of intrusion
• One may be liable for invasion of
privacy if one
– intentionally intrudes, physically or
otherwise, upon the solitude or seclusion
of another or his private affairs and
concerns, and
– the intrusion would be highly offensive to
a reasonable person.
127. Additional points
• One may be liable for intrusion even if
the information gathered is not
published.
• One may be liable even if the
information obtained is true or
harmless.
128. • Intrusion may be by physical means, i.e.
entering another person’s home without
permission.
• Intrusion may be by use of one’s senses,
with or without mechanical aids, i.e.
peeking into a window, wiretapping a
phone.
129. Which of these is intrusion?
• A reporter interviews a senator’s ex-wife who
says the senator has a male lover.
• While waiting for an interview, a reporter
rummages through a senator’s desk and finds
a letter from a male lover. She does not
publish a story.
• Reporter rummages through senator’s desk
and finds his secret comic book collection.
She publishes a story.
130. Intrusion
• Defendant must intrude on a private place
or private seclusion plaintiff has thrown
about his affairs.
• Expectation of privacy must be
reasonable.
• No liability for examining public records.
131. Highly offensive
• Intrusion must be a substantial one.
• Must be highly offensive to a reasonable
person.
– Calling a person one, two, three times to ask
for an interview would not be an intrusion.
– Calling the person repeatedly and frequently
would be an intrusion.
133. General principles
• First Amendment does not protect
reporters who break the law to gather
news.
• First Amendment does NOT guarantee
press a special right of access to
information not available to the public.
– California law guarantees a right of access
to news scenes to those who need it for
their jobs, i.e. reporters.
134. • Officials may grant press special access at
their discretion.
• Access must be nondiscriminatory.
135. Areas of Concern
• Public places.
• Private places.
• Private places where newsgatherers have
been invited by officials.
• Surreptitious recording and
photographing.
• Posing.
136. Public places
• What happens in public or can be
perceived by people in public places is
usually fair game.
• An exception may be made for
reporters or photographers who are
exceptionally aggressive.
137. • One famous case involved photographer
Ronald Galella and Jacqueline Onassis,
the widow of President John F. Kennedy.
• Onassis considered Galella’s aggressive
tactics a threat to her safety and that of
her children.
• She obtained a court order restricting
Galella’s practices in photographing
Onassis and her children.
138. Anti-paparazzi bills
• Since the death of Princess Diana,
several legislators have introduced bills
that would restrict newsgathering in
public places.
• Most such bills failed to pass.
• In 1998, however, California passed a
law that imposes liability on
photographers who trespass with
“malicious” intent.
139. Private places
• Uninvited newsgatherers in private
homes may be liable for trespass or
intrusion.
• Newsgathering may be restricted in
private businesses, too, even if open to
the public.
• Businesses have no privacy rights, but
they may sue for trespass.
140. Private places-police invitation
• When police enter private homes to
execute a search or arrest warrant and
bring news reporters and
photographers with them, they violate
the Fourth Amendment rights of the
residents.
141. • Police may be liable for damages.
Press may be liable, too, either for
violating Fourth Amendment rights or
for common-law intrusion.
• It is possible that journalists may ride
along with police and not be liable if
– they stay on public property or
– they get consent of residents.
142. Surreptitious recording
• Federal law and most state laws allow a person
to record a conversation so long as one party
consents.
• The consenting party may be the one doing the
recording.
• Thirteen states —California, Delaware, Florida,
Hawaii, Illinois, Maryland, Massachusetts,
Minnesota, Montana, Nevada, New Hampshire,
Pennsylvania and Washington—require the
consent of all parties to the recording of
conversations.
143. • Michigan allows a participant to a
conversation to record it without
notifying others, but a participant cannot
authorize a third party to record a
conversation.
• Another 13 states (i.e., Kansas, South
Dakota) prohibit unauthorized use or
installation of cameras in private places.
144. The FCC Phone Rule
• Broadcasters must say when a
conversation is being recorded for
broadcast or is being broadcast live.
• Consent is not required to satisfy the rule.
145. • The rule does not apply when parties may
be presumed to know the conversation will
be broadcast.
– Conversations with station employees.
– Conversations with those who originate calls
to stations (as in contests).
146. FCC Tariff Regulations
• Require that all parties to a telephone
conversation be informed when it its
recorded.
• Tariff regulationss are operating rules
that govern phone companies; they are
not enforced by government.
• If phone company learns the tariff has
been violated, it may terminate the
customer’s service.
147. Posing
• Two ABC reporter-producers got jobs at
Food Lion using phony names and
references.
• Food Lion sued for fraud, trespass,
breach of duty of loyalty and unfair
competition.
148. • A jury awarded $5.5 million in damages
(later reduced to $315,000) to Food Lion.
• Appeals court reversed all but trespass
and breach of duty of loyalty awards: total
$2.
• Although this may seem like a victory for
the media, it may be the product of the
unusual circumstances of the case.
• The jury award reflects public displeasure
with media practices.
150. Freedom of Information Act
• U.S. FOI Act opens records of federal
executive branch agencies to the
public.
• The law does not apply to Congress or
the federal courts.
151. • Only records in the possession, custody or
control of an executive agency are
covered by the act.
• Records may be exempt from disclosure if
they fall into one of nine categories.
152. FOIA Exemptions
• National security. • Privacy
• Internal matters. • Law enforcement.
• Exempt by other • Banks.
statute. • Oil wells.
• Trade secrets.
• Deliberative privilege.
154. Components of an effective statute
• Clear definitions. • Post where records
available; how to
• Limits on executive access them.
sessions.
• Timely notice of
• Extend to the public meetings.
legislature, all state
agencies and local • Civil penalties.
units. • A public appeals
commission or
oversight official.
156. Types of privacy actions
• The right of privacy is invaded by
– a) intrusion upon seclusion (this will be
covered in the section on newsgathering);
– b) misappropriation of another's name or
likeness;
– c) publicity given to private facts; or
– d) placing another in a false light.
158. False light
• False light consists of
– a) giving publicity to matters concerning
another that place the other in a false light,
and
– b) the false light would be highly offensive
to a reasonable persons, and
– c) the author or publisher acted with
knowledge of falsity or reckless disregard
for falsity.
159. False light vs. libel
• In libel, the plaintiff must prove the
statements defamatory. In false light, they
merely must be proved highly offensive.
• Libel protects an individual’s interest in
reputation. False light protects a person’s
privacy interest.
160. Private figures and false light
• Because false light resembles libel,
some say the rules for public and
private figures should apply here, too.
• Some states have ruled that private
individuals can recover for false light on
a showing of negligence, not actual
malice.
161. Situation 1
• Alice is a taxi driver. The Beacon
newspaper publishes a story saying many
local taxi drivers cheat the public on fares.
The Beacon illustrates the story with a
photograph of Alice, who has never
cheated a fare.
• Is this libel or false light?
162. Situation 2
• Abe is pro-life. Betty induces him to sign a
petition nominating Charlotte for public
office. Afterwards, Abe discovers Charlotte
is pro-choice. He demands that Betty
remove his name from the petition. She
refuses to do so and continues to circulate
the petition bearing Abe’s name.
• Is this libel or false light?
164. Misappropriation
• One may be liable for invasion of privacy if
one
• a) misappropriates to his own use or
benefit
• b) the name or likeness of another.
165. Newsworthiness exception
• Use of a person's name or likeness in
connection with a matter of public
interest is NOT considered
misappropriation unless the use bears
no real relationship to the matter of
public interest.
166. Scope of newsworthiness
• Courts have been very liberal in finding
publications in mass media newsworthy.
• Actress Ann-Margret appeared partially
nude in a movie. She sued for
misappropriation when a magazine
published a still photo of that scene.
• The court ruled the publication was
newsworthy.
168. Publicity given to private facts
• One may be liable for invasion of
privacy if one
– a) gives publicity to a matter concerning
the private life of another and
– b) the matter publicized would be highly
offensive to a reasonable person and
– c) it is not of legitimate concern to the
public.
169. Private facts
• Only the disclosure of private facts
is actionable.
• Publicity to public information or
matters that occur in public cannot
be the basis for a lawsuit.
170. Publicity vs. publication
• “Publication” means any communication
by the defendant to a third person.
• “Publicity” means communicating the
message to the public at large.
171. • Privacy is not invaded by communicating a
fact to a small group. “Publicity” requires
communicating the message to a large
enough audience that one can say it has
been made public.
172. Highly offensive
• The law protects only against
unreasonable publicity, the kind highly
offensive to a reasonable person.
• Minor and moderate annoyance is not
enough.
• Only when a reasonable person would
feel seriously aggrieved is there basis for
a lawsuit.
173. Shulman vs. Group W
Productions
• California Supreme Court laid down a
standard for newsworthiness.
• Courts must make some assessment of
the social value of a publication.
• Newsworthiness depends on the
intimacy of the facts disclosed and
plaintiff’s role in public events.
174. • Publication is protected only if there is
some substantial relevance to a matter
of legitimate public concern
• and a nexus between the facts
disclosed and the events that brought
the plaintiff to the public eye.
• Publication is newsworthy if some
reasonable members of the public could
entertain a legitimate interest in it.
175. Public figure status for privacy
action
• Voluntary Public Figure. Those who
voluntarily place themselves in the public
eye cannot complain when they receive
the publicity they have sought, even if it is
unfavorable.
176. • Involuntary Public Figure. Some people
do not seek publicity, but through
circumstances or their own conduct,
they become legitimate subjects of
public interest. Often these people are
victims of crime, victims of catastrophes
or accidents or participants in judicial
proceedings or other events that attract
public attention. As such they are
regarded as proper subjects of public
interest.
177. Extent of permissible publicity
• Permissible publicity is not limited to
the particular events that arouse the
interest of the public. That interest
may legitimately extend, to a
reasonable degree, to unrelated
facts about the individual [and his
family members], which are not
public....
178. • The line is to be drawn when the
publicity ceases to be the giving of
information to which the public is
entitled, and becomes a morbid and
sensational prying into private lives for
its own sake, with which a reasonable
member of the public, with decent
standards, would say that he had no
concern.
180. Copyright and freedom
• Copyright both limits and enhances
freedom of expression.
• It limits by preventing the use of another’s
copyrighted work.
• It enhances by providing an economic
incentive to creators of copyrighted works.
181. Subject matter of copyright
• Copyright protects original works of
authorship fixed in any tangible medium of
expression, now known or later
developed, from which the works can be
perceived, reproduced, or otherwise
communicated, either directly or with the
aid of a machine or device.
182. Works of authorship
• Works of authorship include literary works,
musical works, dramatic works,
pantomimes, choreographs, photographs,
paintings, sculptures, motion pictures,
sound recordings, and architectural works.
183. Excluded from copyright
protection
• Copyright does not protect facts, ideas,
procedures, processes, systems, methods
of operation, concepts, principles, or
discoveries.
• Some of these may be protected under
patent law.
• Copyright does protect the expression of
facts, ideas, processes, etc.
184. Originality
• The prerequisite for copyright is
originality.
• Originality does not mean novelty.
• Only a small amount of originality is
sufficient to qualify a work for copyright
protection.
• The work must owe its origin to the
author.
185. • Facts cannot be copyrighted because
they do not "owe their origin" to an
author. The person who reports a fact
does not create it.
• Factual compilations may qualify for
copyright protection if the author's
selection and arrangement of the facts
is sufficiently original.
186. Elements of infringement
• To prove copyright infringement, the
holder of the copyright must show
– ownership of a valid copyright and
– unauthorized copying of the work by the
defendant.
187. Proof of copying
• To prove unauthorized copying of a
copyrighted work, the plaintiff must show
– access to the work by the defendant and
– direct or circumstantial evidence of copying.
188. Direct and circumstantial
evidence of copying
• Direct evidence may consist of the
infringer's admission of copying or the
testimony of witnesses.
• More commonly, the copyright holder must
use circumstantial evidence, usually
evidence of a substantial similarity
between the plaintiff's work and the
defendant's.
189. Substantial similarity
• One may find two works substantially
similar where "the ordinary observer,
unless he set out to detect the
disparities, would be disposed to
overlook them, and regard their
aesthetic appeal as the same."
– Judge Learned Hand in Peter Pan Fabrics,
Inc. v. Martin Weiner Corp. , 274 F.2d 487,
489 (2nd Cir. 1960)
190. • The test of similarity is whether a lay
observer would regard the copy as
having been appropriated from the
original.
• Copying need not be of every detail so
long as the works are substantially
similar.
• Similarity should be not of the idea
alone but of the expression of the idea.
191. Remedies for infringement
• Impound or destroy infringing works.
• Pay actual or statutory damages.
• Actual damages are gross revenues
less noninfringing expenses and profits.
• Statutory damages = $250 to $10,000.
• Up to $50,000 for willful infringement.
• As low as $100 for unknowing
infringement.
192. Exclusive rights in copyrighted
works
• Copyright owner may
– reproduce the copyrighted work in copies or
phonorecords;
– prepare derivative works;
– distribute copies or phonorecords for sale,
rental, lease or lending;
193. – perform the copyrighted work publicly (as
with plays or musical compositions);
– display the copyrighted work publicly (as in
the case of literary, musical, dramatic, and
choreographic works, pantomimes, and
pictorial, graphic, or sculptural works).
194. Work made for hire
• A "work made for hire" is
– prepared by an employee within the scope
of employment; or
– specially commissioned, on written
agreement, as a contribution to a collective
work. (For instance, photographs prepared
to accompany a text written by another
author.)
195. • The employer or other person for whom
the work was prepared is considered
the author of a work for hire (unless the
parties have expressly agreed
otherwise in writing) and owns all of the
rights comprised in the copyright.
• Freelance writers and photographers
generally own copyrights to their works
unless assigned to another.
196. Duration of copyright
• Single author: Life of the author, plus 70
years.
• Joint authors: Life of last surviving
author plus 70 years.
• Works for hire, anonymous and
pseudonymous works: 95 years from
publication or 120 years from creation,
whichever is shorter.
197. Copyright registration
• Establishes a public record.
• Establishes prima facie validity of
copyright.
• Is a prerequisite for an infringement suit.
• Allows owner to register with U.S.
Customs Service for protection from
importation of infringing copies.
198. • Registration is not required.
• Works enjoy copyright protection without
registration.
• Owners of copyrighted works must deposit
two copies with Library of Congress, even
if work is unregistered.
199. Registration procedures
• Obtain and complete applicable form.
(Varies with the nature of the work.)
• Pay filing fee (usually $30).
• Deposit one copy of unpublished works,
two of published works.
• Send to
– Register of Copyrights; Copyright Office,
Library of Congress; Washington, D.C.
20559
200. Fair use
• A limitation on exclusive rights.
• The fair use of a work for purposes
such as criticism, comment, news
reporting, teaching, scholarship, or
research, is not an infringement of
copyright.
• To determine whether any use is a fair
one, courts must consider four factors.
• No use is presumptively fair.
201. The four fair use factors
• The purpose and character of the use.
• The nature of the copyrighted work.
• The amount and substantiality of the
portion used.
• The likely effect on the potential market for
the original work.
202. Purpose and character of the
use
• Focuses on what the defendant does with
the plaintiff’s copyrighted work.
• Is the use commercial in nature or is it for
nonprofit educational purposes?
– Commercial uses are not automatically
excluded as fair uses, nor are noncommercial
uses automatically fair.
• Is the use “transformative”?
203. The nature of the copyrighted
work
• Focuses on the plaintiff’s work.
• Is the work fiction or factual?
• Is the work published or unpublished?
204. Amount and substantiality of
portion used
• No quantitative guidelines.
• How much of the original was used?
• How much of the infringing work was
borrowed from the original?
• Using even small amounts may be unfair
if the heart of the original is taken.
• Parodies may use enough to recall the
original.
205. Likely effect on the potential
market
• Must estimate future impact.
• Applies to derivative creations.
208. Summary leads
• Should focus on one of these:
– Most important information (the central point).
– What action was taken; what was said.
– The most recent developments.
– The facts most likely to interest readers.
– The most unusual facts.
209. Suitcase lead
• Reporters used to try to cram the who,
what, when, where, why and how all into
the lead, like trying to cram a week’s worth
of clothes into a small suitcase.
• The better practice is to put only the most
important or most newsworthy information
in the lead.
210. Example of a suitcase lead
• Brian Earl Taylor, 22, of Ypsilanti was
pronounced dead at St. Joseph Mercy
Hospital and his 20-year-old companion is
hospitalized following a drive-by shooting at
9:30 p.m. Sunday in which an unknown
number of gunmen shot into a crowd
gathered along Second Avenue in front of the
Forrest Knoll public housing complex on the
city’s south side. (60 words)
211. Improved version
• An unknown number of gunmen fired into
a crowd gathered along Second Avenue
Sunday killing one man and wounding
another. (20 words)
212. Blind leads
• The term Jack Hart gives to leads that
hold back less important details blind
leads.
– BOSTON (AP) – A study published today
concludes that lactose intolerance is
probably not responsible for bouts of
intestinal mayhem most people blame on
milk.
• A catchall paragraph follows explaining
“lactose intolerance.”
213. Tips for good summary leads
• Be concise: Shoot for 18-20 words or
fewer.
• Be specific: Use details readers can
visualize.
• Use strong, active verbs.
• Stress the unusual: What makes this
story different?
• Write for your readers, not your
sources.
214. Missing the news
• The lead that follows looks like a good
one, but it omitted a distinctive detail
that lifted this story out of the ordinary.
– YOUNGSTOWN, Ohio (AP) – A car sliced
through a crowded fast-food restaurant at
lunchtime Tuesday, officials said, killing
two people and injuring six others.
215. Rewritten version
• Here’s a rewritten version with the
distinctive detail lifted from the body of the
story to the lead.
– YOUNGSTOWN, Ohio (AP) – A car sliced
through a fast-food restaurant Tuesday, killing
an elderly couple who had stopped for lunch
before going to a family member’s funeral. Six
other people were injured.
216. Using strong verbs
• The following leads rely on strong verbs to
make them more interesting.
– NEW YORK (AP) – To the last day, Americans
flocked to the tall ships at berth, clambered up
the treacherous gangplanks, grasped the huge
wheels, and fondled the brass windlasses.
– FRANKLINTON, La. (AP) – A tank truck
carrying 7,000 gallons of gasoline collided with
a car and overturned Monday, crushing the
trucker to death and igniting a fire that spread
50-foot flames over two blocks.
217. Dramatic contrasts
• Good leads often
use dramatic
contrast, irony to
grab readers’
attention. The
contrast in this
photo is the man
dressed as a 12th
century Scottish
warrior talking on
a cell phone.
218. • FRANKFORT, Ky. (AP) – Thou shalt post
the Ten Commandments on the classroom
wall, says a 1978 Kentucky law. Thou
shalt not, says the U.S. Supreme Court.
Help! Say confused local school boards.
219. • Or they
may
emphasize
or evoke
strong
emotions.
220. • The New Jersey hospital where Karen
Anne Quinlan has lain in a coma for
nearly a year will not challenge a court
decision granting her the right to “death
with dignity.”
221. • Or they
may create
strong
images
that will
help
readers
visualize
the story.
222. • MADISON, Wis. (AP) – State Sen.
Clifford “Tiny” Krueger eased his 300-
pound frame into a witness chair Friday
and said fat people should not be barred
from adopting children.
• MIAMI (AP) – Bill Cashman, a fireman,
says he didn’t mind posing nude for a
centerfold in a magazine for women who
like men. But he has a $2 million
objection to use of his picture in a
magazine for men who like men.
223. Things to avoid
• Burying the news behind attribution or
subordinate clauses.
– At a press conference in Washington, D.C.,
Friday, Neil A. Schuster, spokesperson for the
U.S. Bureau of Labor Statistics, announced
that last month the cost of living rose 2.83
percent, a record high.
224. • The following revision puts the news first:
– The cost of living rose 2.83 percent last
month, a record high, the U.S. Bureau of
Labor Statistics announced Friday.
225. • Agenda leads emphasize topics, time
and place, not the news.
– James Matthews, president of International
Biotech Inc., a company that manufactures
recycling and composting machinery, was
the keynote speaker at Monday night’s
opening ceremony of the Earth
Preservation Society’s annual conference
at the Lyceum Center.
226. • This revised version emphasizes the
news – what the speaker said.
– REVISED: Unless industrial nations learn
to recycle, Earth’s inhabitants may confront
a future troubled by disease and hunger,
the president of a company that makes
recycling machinery told the Earth
Preservation Society Monday.
227. • Label leads tell readers the topic of a
meeting or speech, not the news.
– The City Council Tuesday discussed ways
of regulating a new topless club in the city.
• This revision tells the readers what the
news is.
– The City Council Tuesday asked the city
attorney to draft a new zoning ordinance
that would limit the locations for topless
clubs.
228. The 2-3-1 rule
• Leads often have three points of
emphasis. Donald Murray of The
Boston Globe recommends using them
in 2-3-1 order.
• Use the second most important or
interesting fact to capture the reader’s
interest, but save the most important for
last, where it will have the most impact.
229. Example of 2-3-1 order
• MACON, Ga. (AP) -- Two men who 2
illegally plucked the tail feathers from two
golden eagles 3 were sentenced to work
1 in a chicken processing plant.
• “You’ll have your fill of feathers – and,
hopefully, you’ll never want to be around
another feather in your life,” U.S.
Magistrate Claude Hicks told them
Wednesday.
230. Don’t forget the when
• The time element – when something
happened – is an important part of
news stories.
• The time element doesn’t have to be in
every lead, though it should run high in
the story.
• Placement is a matter of judgment.
231. • Generally put time element after the
main verb, unless it could be mistaken
as the object of the verb:
– WRONG: President Bush said America
faces a new terrorist threat Tuesday .
– BETTER: President Bush said Tuesday
America faces a new terrorist threat.
– WRONG: President Bush postponed
Tuesday a decision on welfare.
– BETTER: President Bush postponed a
decision on welfare Tuesday.
232. Phrasing the time element
• For morning papers:
– Use “today” only to refer to the day of
publication.
– Use the day of the week – “Monday,”
“Tuesday,” etc. – to refer to a day seven days
before or after publication.
– Use month and date – June 17 – to refer to a
date beyond the seven-day range.
233. • For afternoon papers:
– Use “today” and “tonight” to refer to the day
and evening of publication.
– Use “tomorrow” and “yesterday” to refer to the
day immediately before or after the day of
publication.
– Otherwise, follow the rules for morning
papers.
235. • This lead tells only half the story:
– With the opening of its new loop design, Russ
Griess had hoped he’d seen the last of the “T-
bone accidents” at the Interstate 80 interchange
south of the city.
• Revision:
– Russ Griess had hoped the new loop design
would end “T-bone accidents” at the Interstate 80
interchange – but it hasn’t.
236. • This lead focuses on a bureaucracy:
– ROSE RIVER – School boards from two of
the three elementary feeder schools for
Rose River Rural Junior/Senior High
School have voted in favor of a middle-
school concept for the 2002-03 school
year.
• This revision emphasizes people:
– ROSE RIVER – If the Arcadia elementary
school district agrees, the Rose River
Rural Junior/Senior High School will add
sixth graders in 2002-03.
237. • More bureaucracy:
– A city transportation system and another
bond issue could be in the school district’s
long-range plans, according to discussions
Thursday night during a school board budget
review.
• Emphasize people:
– Changes in where families with children live
may force the school district to bus students
or build new schools or both, district officials
said Thursday.
238. • “Staffing plans” are abstract,
bureaucratic:
– County Supervisor Pam Wong wants to
discuss the staffing plans for the White
Ridge Army Ammunition Plant when the
county board meets Tuesday.
• The news is how this will affect workers:
– A Hall County supervisor hopes to keep
three employees working at the White
Ridge Army Ammunition Plant until
environmental clean-up work is finished.
239. • This lead is so focused on legalities that it
contains no news:
– Hall County is required to give inmates the same
level of medical treatment the general public
receives, Corrections Director Dave Arnold said.
• This revision emphasizes what’s new:
– Hall County’s costs for medical care for jail
inmates doubled – from $50,000 to $100,000 –
last year because of a new state regulation.
– Friday morning, county, state and federal
officials gathered to find a way to pay the bill.
240. • This lead is abstract and contains no
news:
– Home ownership is good for a community for a
number of reasons – pride, responsibility,
property maintenance, taxes – says
Community Projects Director Cindy Johnson.
• The revision makes clear the story
describes a new program that may affect
citizens:
– You can rent-to-own a TV; you can rent-to-
own a sofa, and soon you’ll be able to rent-to-
own a home.
241. • Here’s a good lead on a great story:
– One woman burglar went to great lengths
to escape the long arm of the law
Wednesday by shrugging out of the top
half of her clothes to escape detention
before Westwood police arrived.
• But this revision is shorter and more
concrete:
– A woman burglar interrupted during her
crime Wednesday fled leaving the loot, her
coat, her shirt and her brassiere.
243. Alternative leads
• Use storytelling devices to hook
readers:
– Anecdotes
– Description
– Dialogue
• Have a nut paragraph – usually three to
six paragraphs into the story – that
summarizes the focus.
244. Pros and cons
• Alternative leads use storytelling
techniques to attract readers.
• They allow writers freedom to organize
the story in different ways.
• Critics say alternative leads are
inappropriate for many news stories.
• They bury the news several paragraphs
into the story.
245. Delayed leads
• Begin the story with an anecdote or
situation.
• After the first two to five paragraphs in
which you develop the anecdote or
situation, write a nut paragraph that
explains what the story is about.
246. An example:
– With gasoline topping $4 a gallon, Allen
Welles envied drivers who could buy the
ethanol blends, which usually were 10 to
15 cents a gallon cheaper.
– But he knew his imported sports car
needed the more expensive premium
blend, so he kept paying the higher price.
– When his car developed engine trouble, his
mechanic said the gasoline Welles was
buying contained ethanol.
247. – Now the state attorney general suspects the
gas station Welles patronized is one of many
that have been selling cheap ethanol-blend
gasoline as premium.
• The first three paragraphs describe the
problems a sports-car owner is having
with his car. The problems could easily be
dismissed as those of one rich man with
an expensive toy.
248. • The fourth paragraph, the nut
paragraph, explains that this man’s
problems are part of a trend that may
be affecting thousands of drivers, poor
and rich.
• The rest of the story would develop how
widespread is the problem of passing
off cheaper grades of gasoline as
premium and what the state is doing
about it.
249. Quotations
• Quotations usually make poor leads.
• They may create more confusion for the
reader than stimulate interest.
• Quotations are rarely self-explanatory.
• Quotations make better kickers, or
conclusions, than they do leads.
250. Questions
• Occasionally questions make good
leads.
• Examples:
– Every two minutes, three people become
victims of identity theft. Will you be next?
– Who fares better in marriage – men or
women?
• Avoid overusing questions as leads.
251. Other kinds of leads
• Some may have a shocking twist:
– Nobody knows who killed Amy Silberman –
maybe not even the killer.
– But there are plenty of suspects in the death
of the Boston tourist killed by a bullet that
dropped from the sky and pierced her skull
New Year’s Eve.
• The Associated Press
252. • Other leads may employ irony:
– Richard Vasquez thought he had problems
when his computer broke down and he had
to have a technician repair it.
– But when Vasquez showed up to reclaim
his computer, police officers were waiting
to arrest him for collecting and distributing
child pornography.
254. Inverted pyramid
• The most common organization for news
stories.
• The first paragraph or two tell the most
important and newsworthy facts.
• The rest of the information is organized in
descending order of importance.
255. How a story might look
• Here’s how an inverted pyramid story about
an automobile accident might look:
256. Tips for inverted pyramid
stories
• Avoid leapfrogging.
• Continue with the news in the second
paragraph.
257. Leapfrogging
• Leapfrogging happens when the lead
refers to a person whose name appears
in the second paragraph – but the
connection is not clear.
– A 55-year-old man wept Wednesday after a
Circuit Court jury found him innocent of
burglary.
– Gary Lee Phillips was arrested two months
ago.
258. – REVISED: A 55-year-old man wept
Wednesday after a Circuit Court jury found
him innocent of burglary.
– The defendant, Gary Lee Phillips, was
arrested two months ago.
• The revision makes clear that Phillips is
the defendant referred to in the first
paragraph.
259. Continue with the news
• Be sure the second paragraph
continues with the news.
– The City Council rejected the mayor’s
proposed budget Saturday as requiring too
large a tax increase.
– Mayor Sabrina Datolli was born in Arcadia,
Kan.
• In the above example, the second
paragraph has no bearing on the lead.
260. Names and background
• Don’t emphasize names unless they
are inherently newsworthy. Emphasize
what people say and do, not who they
are.
• Don’t crowd background information
into the second paragraph. Save it for
later in the story, or – better still –
incorporate background information
that’s relevant to the news.
261. Complicated stories
• Meetings, speeches and other
stories may raise several
newsworthy topics.
• The lead should emphasize the one
or two most important items.
262. • Summarize the less important items in the
second or third paragraph.
• The body of the story should first develop
the more important topics, then the lesser
ones.
263. Focus stories
• This formula was developed by The Wall
Street Journal and adopted by many other
papers.
• The lead focuses on an individual, a
specific event or a situation that illustrates
a larger issue.
• A nut paragraph states that issue and
explains how the focus relates to it.
264. How a focus story looks
• The body of the
story develops and
explains the issue.
• A kicker, which
often ties back to
the lead,
concludes the
story
265. Tips for focus stories
• The success of the focus story
depends on the selection of the lead.
– It must be interesting so as to capture the
attention of readers.
– It must also clearly connect to the central
point of the story expressed in the nut
paragraph.
• The body of the story can be
developed in may ways:
chronological; inverted pyramid, etc.
266. Hourglass stories
• Created by Roy Peter Clark, writing coach
at the St. Petersburg, Fla., Times.
• The hourglass structure combines
advantages of the inverted pyramid and
chronological narrative.
267. How an hourglass story looks
• The first few
paragraphs are
inverted pyramid style.
• A “turn” makes the
transition to the
remainder of the story,
which is chronological.
268. Tips for hourglass stories
• The inverted pyramid top keeps the news
high.
• The chronological body allows the writer to
use narrative to develop the story.
• The “turn” is one or more paragraphs that
make the transition from inverted pyramid
to the chronology.
269. Conclusions or kickers
• Strong conclusions are as important – and
as hard to write – as strong leads.
• Often a kicker is a quote from a key
source ...
• Or an explanation of future action...
• Or a return to words or ideas in the lead.
• Don’t editorialize.
271. Central point
• Every story should have a central point –
a one- or two-sentence summary of what
the story is about and why it is
newsworthy.
• The central point should be stated in the
story, either in the lead or in a nut
paragraph.
272. A central point is not a topic
• Two stories may have the same topic but
have different central points.
• Two reporters profile the same political
candidate.
– For one the central point might be: “Single
mom balances campaigning and family life.”
– For the other it might be: “GOP candidate
adopts conservative positions on most
issues.”
273. Central point provides direction
• Helps reporter decide what information to
seek.
• Helps reporter decide what information to
leave out.
• Answers the “so what?” question for the
reader.
274. Absence of central point
• Stories that lack a central point tend to
wander.
• Reporters include unrelated facts,
quotations and anecdotes because they
have no sense of what they are trying to
accomplish.
• Stories are disorganized and hard to read.
275. Central point, lead, nut
paragraph
• The central point, lead and nut
paragraph may all be the same thing …
or they may differ.
• The lead is the first paragraph of the
story.
• The nut paragraph gives the essence of
the story; it answers the “so what”
question. It may be the fourth or fifth
paragraph.
276. • The lead and the nut paragraph may be
the same paragraph.
– In stories that use a basic, or summary, lead,
the lead is the nut paragraph.
• Either the lead or the nut paragraph must
incorporate central point.
277. Outline
• Good stories are planned; that includes
making an outline.
• Use jot outlines
• List four or five main topics in the order
you will develop them in the story.
278. Example
• Central point: Central High School
journalism students fear censorship.
– Football story angers principal.
– Threats of prior restraint.
– Legal status of high school press.
– Parents support journalism students.
280. Simplify words, sentences,
paragraphs
• Strive to keep sentences short – 15 to 20
words. Short sentences are easier to
understand.
• Keep paragraphs short – two or three
sentences at most.
• Use concrete nouns and verbs that
convey action.
• Eliminate unnecessary words.
281. Remain objective
• Attribute all statements of opinion to
sources.
• Don’t let sources dictate your story.
• Avoid adjectives and adverbs, which
usually convey an evaluation.
• Avoid stereotypes of race, gender and
age.
283. Purpose of attribution
• It serves the same purpose as footnotes in
scholarly papers.
• It tells the reader where the information
came from.
• It increases the reader’s confidence in the
story’s accuracy.
284. What to attribute
• Direct and indirect quotations.
• Statements of opinion.
• Second-hand information.
• Descriptions of events, scenes not
witnessed by reporter.
285. What not to attribute
• Common knowledge.
• Events witnessed by the reporter.
286. Verbs of attribution
• The most versatile verb is “to say.”
• Other verbs – “comment,” “reply,”
“explain,” “point out,” “urge” – all have
narrower meanings.
• Use the past tense for attribution in hard-
news stories.
• Present-tense attribution is acceptable in
features.
287. Word order for attribution
• Use subject-verb order for attribution:
– "Your crime was so bloody that I must
sentence you to death," the judge said.
– NOT: “Your crime was so bloody that I
must sentence you to death," said the
judge.
288. • Exception: Put the verb first when a long
identifying phrase accompanies the name.
– “We must halt binge drinking by students,”
said Norm Wilson, associate dean for student
life.
– NOT: “We must halt binge drinking by
students,” Norm Wilson, associate dean for
student life, said.
289. Placement of attribution
• Attribution may come at the beginning of a
direct or indirect quotation, at the end or at a
natural break in the middle.
– President Bush said, "We will teach Saddam
Hussein a lesson."
– "We will teach Saddam Hussein a lesson,"
President Bush said.
– WRONG: "We will teach," President Bush said,
"Saddam Hussein a lesson."
– BETTER: "We will teach Saddam Hussein a
lesson," President Bush said, "by refusing to be
intimidated."
290. Placement of attribution
• Never bury a good quotation behind the
attribution. Put the quotation first, unless
there is some special reason to
emphasize the source.
– Gen. MacArthur said, “I shall return.”
– BETTER: “I shall return,” Gen. MacArthur
said.
291. • Put the attribution first when switching
from one speaker to another or
introducing a new speaker.
• WRONG:
– “The president’s budget will not pass,”
Boehner said.
– “I think we can find enough votes to adopt this
plan,” House Speaker Nancy Pelosi said.
292. • BETTER:
– “The president’s budget will not pass,”
Boehner said.
– But House Speaker Nancy Pelosi said, “I think
we can find enough votes to adopt this plan.”
293. Levels of Attribution
• On the record
• On background
• On deep background
• Off the record
294. On the Record
• May use direct quotations.
• Attribute by name and full title.
• Example:
– “The president’s plan will eliminate income
taxes on corporate dividends paid to
investors,” said Joshua Bolton, the White
House chief of staff.
295. On Background
• May use direct quotations.
• Attribute by general description; do not
use name and title.
• Example:
– “The president’s plan will eliminate income
taxes on corporate dividends paid to
investors,” a White House official familiar with
the proposal said.
296. On Deep Background
• May NOT use direct quotations.
• May not attribute to any source.
• Example:
– The administration is preparing an economic
plan that will eliminate income taxes on
corporate dividends.
• Because you’re asking the reader to take
your word, use deep background rarely.
297. Off the Record
• The reporter may not use the
information in any way.
• Some would use as a lead to an on-
the-record source.
298. Guidelines for Using Anonymous
Sources
• Get your editor's approval.
• Be prepared to identify your anonymous
sources to your editor.
• Use anonymous sources only for essential
facts, not opinions. Even then, information
from anonymous sources should be
verified.
299. • Be sure you understand the motives of
the anonymous source.
• Identify sources as specifically as
possible without revealing their identities
so that readers can judge their reliability.
• Explain in the story why the source does
not want to be identified.
• Never allow a source to engage in
anonymous attacks on other individuals or
groups.
301. When to use quotations
• To let the sources talk directly to the
reader.
• When you cannot improve on the
speaker's exact words.
• To tie a controversial opinion to the
source.
• As evidence for a statement.
• To reveal the speaker's character.
302. When NOT to use quotations
• To tell the story.
• To convey facts.
• Simply to use quotations.
303. Attributes of good quotations
• short
• dramatic
• grammatical
• self-explanatory
304. Types of Quotations
• Full quotation
• Partial quotation
• Orphan quotation
• Quotation with parenthetical material
305. Full Quotation
• A full quotation is at least one complete
sentence of quoted material.
• Example:
– The Soviet premier said, "We are going to
decorate the soldiers who shot down this
plane."
306. Partial Quotation
• A partial quotation combines less than a
full sentence of direct quotation with a
paraphrase.
• Example:
– Mayor Datolli declared today, tomorrow and
Sunday as days of mourning for the
“extraordinary men and women who died as
heroes in defense of freedom."
307. Orphan Quotation
• An orphan quotation is using quotation
marks around a single word or two.
• Example:
– Sheriff DiCesari promised “swift” action to
apprehend the suspect.
• Usually, as in the above example, the
quotation marks are meaningless.
308. Misuse of orphan quotations
• Orphan quotation can cause problems. In
the following example, the use of the
orphan quotation led to a libel case. Can
you guess why?
– As police delved into his tangled business affairs,
several women described as "associated" with
Brenhouse were questioned at Hastings Police
Headquarters.
– Among those questioned were Mrs. W. B. Wildstein
who, with her husband, shared the second half of the
two-family house in which Brenhouse lived.
309. Quotation with Parenthetical
Material
• In this type of quotation, the writer
inserts in parentheses a word or phrase
the speaker did not use.
• If you need to insert more than a word
or two to make the quotation
understandable, use a paraphrase
instead.
310. • Examples:
– Armstrong said he had no difficulty moving
around on the moon. "It's easier than the
simulators in one-sixth G (gravity) we
performed on the ground," he said.
– "And now (oil officials) are talking about
dispersants. I can't believe any of this,"
said Riki Ott of the Cordova District
Fisherman's United.
312. Quotation marks
• Use double quotation marks for the
speaker's words.
– "In the past days, however, it has become
evident to me that I no longer have a strong
enough political base in the Congress to
justify continuing that effort," Nixon said.
313. • Use single quotation marks for quotes
within quotes.
– "This law makes it a crime to distribute 'A
Catcher in the Rye' over the Internet," she
said.
314. • Use one set of quotation marks for each
direct quotation no matter how long.
– "But this risk of prejudice does not automatically
justify refusing public access to hearings on every
motion to suppress. Through voir dire, cumbersome
as it is in some circumstances, a court can identify
those jurors whose prior knowledge of the case
would disable them from rendering an impartial
verdict. And even if closure were justified for the
hearings on a motion to suppress, closure of an
entire 41-day proceeding would rarely be warranted.
The First Amendment right of access cannot be
overcome by the conclusory assertion that publicity
might deprive the defendant of that right," Chief
Justice Burger wrote.
315. • For a quotation of two or more
paragraphs, open each paragraph with
quotation marks but use closing quotes
only at end of last paragraph of
quotation.
– "Neither our elected nor our appointed
representatives may abridge the free flow of
information simply to protect their own activities
from public scrutiny.
– "But it has always been apparent that the freedom
to obtain information ... is far narrower than the
freedom to disseminate information...," Justice
Stevens said.
316. • Do not place the attribution inside the
quotation marks.
– WRONG: "He just told us that the country
couldn't operate with a half-time president,
Goldwater reported. Then he broke down
and cried."
– BETTER: "He just told us that the country
couldn't operate with a half-time president,"
Goldwater reported. "Then he broke down
and cried."
317. Commas
• Use commas to set off attribution from
quotations.
– Goldwater reported, "He just told us that the
country couldn't operate with a half-time
president."
318. Colons
• Colons may be used to set off attribution
from quotations of two or more sentences.
– Goldwater reported: "He just told us that the
country couldn't operate with a half-time
president. Then he broke down and cried."
319. Periods and commas
• If the attribution follows the quotation,
change the period at end of the quotation
to a comma.
• "He just told us that the country couldn't
operate with a half-time president,"
Goldwater reported.
320. End punctuation
• Periods and commas always go inside
quotation marks.
• Examples:
– Gingrich said, "I can give you seven examples
of Democratic stupidity."
– "I can give you seven examples of Democratic
stupidity," Gingrich said.
321. • Colons and semicolons always go
outside quotation marks.
– Gingrich listed seven issues over which
Democrats had displayed their "stupidity":
defense, welfare, medical care,
environment, the minimum wage,
telecommunications reform and taxation.
– Gingrich listed seven issues over which
Democrats had displayed their "stupidity";
however, Democrats had won elections on
each in recent years.
322. • Exclamation points and question marks
go inside or outside depending on
whether the entire quotation is a
question or exclamation.
• Examples:
– "Why are Nebraska winters so cold?" he
asked.
– How will future audiences regard "Citizen
Kane"?
324. Preparing for the interview
• Know the purpose of your interview:
– news,
– feature,
– investigation.
• Select your sources.
• Research your sources and topics.
• Prepare your questions.
325. For news story interviews
• Obtain the following:
– facts, specifics, details;
– chronology;
– relationships;
– context and perspective;
– anecdotes.
326. For feature story interviews
• Obtain the following:
– everything you get for a news story plus...
– description of environment;
– description of subject;
– mannerisms;
– smells, sounds, likenesses;
– vignettes.
327. For investigative story interviews
• Obtain the following
– everything you would seek for a new interview
or a feature interview plus …
– the source’s version of events;
– explanations of contradictions;
– replies to charges, allegations.
328. Selecting sources
• Review the presentation “Sources.”
• Interview the best available source.
• Interview sources who are relevant to the
central point.
329. Researching sources and topics
• Research helps you
– Save time by not asking old questions.
– Prepare questions that will interest the
source.
– Recognize newsworthy statements.
– Spot inconsistencies in a source’s story.
– Avoid having to reinterview a source.
– Encourage the source to speak freely.
330. Interview secondary sources first
• Secondary sources provide leads,
possible questions.
• Secondary sources provide context.
• You’re less likely to have to reinterview
your main source if you interview
secondary sources first.
331. Preparing questions
• Ask questions that will enable you to
develop the tentative central point of your
story.
• Don’t hesitate to change the central point
if something more newsworthy emerges.
• Write down questions in abbreviated form.
332. Open-end vs. closed-end
• Don't ask closed-end questions:
– Will the state's new lids on taxes and
spending hurt local schools?
• The source can answer just yes or no.
• Ask open-end questions:
– How will the state's new lids on taxes and
spending affect local schools?
• The source must provide explanation.
333. Prepare questions that…
• Allow sources to tell their stories.
• Elicit anecdotes and examples.
• Don’t make the source think you are
bringing preconceptions to the story.
• Are short.
334. Questions that elicit anecdotes
• What crime was the most difficult for
you to solve in your career as a police
officer?
• What television shows do you consider
most harmful for children to watch?
• (Always seek examples or anecdotes to
illustrate or support generalizations.)
335. Don’t ask questions that…
• Make statements.
• Are double-barreled and may have more
than one correct answer.
• Use loaded words, like “plot” or “scheme.”
• Imply you know what the answer should
be.
336. Conducting the interview
• Select a location for the interview.
• Organize the questions.
• Plan for dealing with reluctant sources.
• Consider special situations.
• Take notes.
• Tape record the interview.
337. Selecting a location
• Conduct the interview in a setting that
makes the source comfortable.
– The source’s office
– The source’s home
• Don’t interview the source at a restaurant.
• Don’t interview the source in your office.
338. Organizing the questions
• State the purpose of your interview (if
not already clear).
• Start with small talk, easy questions;
save the hard questions for the end.
• Group questions by topic and organize
topics for a logical flow.
• Ask questions in a logical order.
– Funnel or reverse funnel, for example.
339. Reluctant source
• Most sources want to tell their stories.
• Some sources fear being
misunderstood.
• Try to build rapport with the source.
• Explain the interview is an opportunity
for source to tell public her side of story.
340. • Maintain neutrality.
– Attribute harsh questions or points of view
to third parties.
– Sugar-coat questions.
– Ask sources to explain previous
statements.
– Ask sources to talk about others.
– Ask sources what others might say about
them.
341. Special situations
• Telephone interviews
– OK for news interviews, if they’re short.
– Avoid for long interviews.
• E-mail interviews
– Some sources may respond to e-mail but
not other methods of communication.
– E-mail creates a written record.
– But it can’t convey a source’s facial
expression or voice inflections.
342. • Interviews for broadcast.
– The interview is the story, not just a
component of the story.
– Interviews must be structured to produce a
pleasing narrative, not just answers to a
questionnaire.
343. Taking notes
• Take detailed notes, even if you also use
a tape recorder.
• Notes are easier to organize and use
when writing than are audio tapes.
• Jot down descriptions of the source and
her mannerisms as well as what is said.