Lecture to Fairleigh Dickinson News Writing class, Nov. 29, 2016, in review of Ch. 14 in Carole Rich's Writing and Reporting News textbook.

1. Truth
Journalism
In Post-Truth 2016
Lecture: Mo Krochmal, News Writing
Fairleigh Dickinson University
Nov. 29, 2013

2. Seeking Honesty
Diogenes, the Greek
philosopher, fabled for
wandering Athens with a
lamp, saying he was
seeking an honest man.
Diogenes, who lived in a
bathtub, was so admired
by Alexander the Great
that he went up to
Diogenes (who was
sunbathing) and said he
admired his virtue so and
would grant any request he
names. Diogenes replied,
"stand out of my light".
Alexander granted the
request.

3. What Do You Need to Know?
In a democracy, one has the right to speak
freely, to practice religion and to vote.
There is also the responsibility of choosing
leadership, staying informed on government,
and making your community a good place to
live.

4. Truth, news and Information
• What truth do we need?
• Where do we get it?

5. Constitution
First Amendment
“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 peaceably to assemble,
and to petition the Government for a redress
of grievances.”

6. 5 Rights
Provides freedom of:
• religion,
• speech,
• press,
• assembly,
• and petition

7. What is freedom of the press?
No prior restraint
No censorship
The press is needed as a champion of new ideas
and watchdog of government abuse.

8. Defamation
• Libel – Written false and defamaory attack on
a person’s reputation. Can be broadcast, as
that is scripted
• Slander – spoken defamation.
Truth is a defense, make sure
Don’t publish inaccuracy
Does it identify a person and harms their
reputation.

9. • New York Times v. Sullivan
– Set the standard of proof for the publication of a
defamatory falsehood against a public official as
“actual maplice.”
• Has to prove that the statement was published with
knowledge that it was false, or with reckless disregard
for whether it was false.

10. Public
• Who is a Public Official?
– Elected
– Candidate for office
Is a police officer a public official?
Is a professor?

11. Public Figure
• Do their achievements or notoriety place
them into the public eye, or have they placed
themselves into the “vortex of public
opinion?”
• Courts say:
– Pervasive – gained prominence (athletes, entertainers)
– Vortex – limited or voluntary thrust into a public controversy
to influence the outcome.
– Involuntary – has done nothing.

12. Private Figure
• Libel standards are not as high
Gertz v. Welch – does a person have access to the
media to defend themselves? Stamdard os simple
negligence.
Reasonable care for a journalist:
• Talk to all sides of a controversial issue
• Take accurate notes and double check accuracy

13. Accuracy
• Verify, verify, verify
• The most common cause of lawsuits is
carelessness. Incorrect captions, defamatory
headlines, inaccuracy in a police/court story or
a feature story.

14. Anonymous
Not encouraged, often overused
Shield law – your state law applies, no federal
law. Are you willing to go to jail to protect
your sources? You must be.
New Jersey Shield Law
http://rcfp.org/new-jersey-privilege-compendium/i-introduction-history-background

15. New Jersey
• New Jersey's newsperson's privilege is one of
the strongest in the nation.
• It offers a broad definition of "news" and
"news media", even finding an annual rating
of the financial condition of insurance
companies to be "news" within the privilege.

16. NJ Cont’d
• The privilege is absolute in civil proceedings.
Absent waiver a party to civil litigation may
not obtain materials or testimony from a
newsperson.
• In criminal proceedings the privilege is not
absolute, it may be overcome by a criminal
defendant upon a showing of relevance,
materiality, necessity, and unavailability from
any other source.

17. Privacy
Not guaranteed in the constitution
– Damage is weighed on mental anguish from
wrongfully revealing some aspect of plaintiff's life.
Truth may not be enough of a defense.
– Eavesdropping, harassing and trespassing.
• Public disclosure of private facts.
If it’s in court records, it’s fair to publish.
• False light publicity – wrong impression and/or
embarrassing. Truth is a defense. Malice is the
standard of proof.
• Use of name or photo without permission

18. Copyright
• Fair use – for commercial or non-profit
educational usage? Amount taken is
considered.
• Creative Commons
• Public Domain