By HL Hall

Clicking “like” on Facebook is not protected by the First Amendment, according to U.S. District Judge Raymond Jackson’s April 30 ruling in Bland v. Roberts in the U.S. District Court of Eastern Virginia.

Deciding what clicking “like” means played a role in Jackson’s decision in a case involving six individuals who said Hampton Sheriff B. J. Roberts fired them for supporting an opponent in his 2009 re-election bid. The workers sued claiming heir First Amendment rights had been violated. At least one of the workers had “liked” the Facebook page of Jim Adams, Roberts’ opponent.

Judge Jackson said clicking “like” was not expressive speech since those clicking “like” are not actually writing a statement to be posted on Facebook. Jackson did acknowledge that other courts have ruled that the First Amendment protects Facebook posts, but he said in those cases the posts were actual messages, not just someone clicking “like.”

Jackson also said he did consider whether the employees clicking “like” was a reason for them being fired, but he said that became a moot point when he decided “liking” someone or something isn’t protected speech.

An attorney for one of the fired workers said he would likely appeal the ruling.

Does this ruling have any impact for student journalists and advisers?

Virginia is in the 4^th U.S. Circuit Court, so it the ruling probably applies to all states (Maryland, North Carolina, South Carolina, West Virginia, Virginia) in that district. The decision could also be a precedent for decisions in other states. It might be wise for those in that circuit for the time being to assume that clicking “like” on Facebook is not constitutionally protected.

Last week, NBC officials bore the brunt of an outraged public when the Today Show played a poorly edited 9-1-1 tape from the Trayvon Martin shooting investigation.  The tape, some argued, unfairly portrayed Zimmerman as racist.  This lesson explores the ethics of proper editing as well as the journalistic mandate that context never be sacrificed for brevity.

Lesson plan by Megan Fromm

Lesson Time: 25-30 minutes
Materials: computer lab/group internet access for research, white board, projection capabilities (or you can make copies of materials for students)

PART I:
First, discuss the background of the Martin/Zimmerman case.  What information do students already know? What “facts” do they need to research and verify?
1. Create a class list on the white board of all the “facts” students believe they know about the case.
2.In groups of 2-3, students should take 5-10 minutes to research and verify or discredit one of the facts.
3. Bring the class back together, and make a list of verified facts on the white board, including the sources where students got the information.

Now, as a class, listen to the NBC version of the 9-1-1 tapes.  Here is a link for the audio: (Pause at 10 seconds)
http://www.youtube.com/watch?v=Xf_AtDnVhyA

Instruct students to write down any assumptions they might draw about the case from listening to this 911 tape.

Then, play the unabridged 9-1-1 tapes, also found here: (continue playing from 00:10)
http://www.youtube.com/watch?v=Xf_AtDnVhyA

Discuss whether the assumptions created from the edited tapes were supported in the original audio. Ask the following:

Did the second segment tell a different story? What was different? Was there more or less context?  Why do you think NBC edited the 911 tape the way they did? How many seconds long was the edited version? How long was the original version?

PART II:
As a class, take a look at some of the reaction to the NBC audio:
http://www.washingtonpost.com/blogs/erik-wemple/post/nbc-to-do-internal-investigation-on-zimmerman-segment/2012/03/31/gIQAc4HhnS_blog.html

http://www.kansascity.com/2012/04/10/3546575/commentary-today-show-should-do.html

For an interesting twitter feed screen-capture with responses:
http://www.washingtonpost.com/blogs/erik-wemple/post/nbc-news-president-speaks-out-on-zimmerman-tape-scandal/2012/04/09/gIQAQ0iw5S_blog.html

Now, back in their groups (or as a class if you can project the internet onto a screen), have students search for the original NBC statement of apology, issued by NBC president to Reuters news service.

Can anyone find it? Is it on the Today Show’s homepage?
Can you find it on msnbc.com, NBC’s online news outlet?
What about at nbc.com?
Is it acceptable that the original statement is so hard to find? What do you think this says to readers/viewers?
How prominent should the statement be if the original mistake has gone viral?

Here’s a synopsis of the statement (you can also finish playing the youtube video from earlier, which shows a quote from the apology):
http://www.reuters.com/article/2012/04/08/us-usa-florida-shooting-nbc-idUSBRE83609U20120408
http://www.washingtonpost.com/blogs/erik-wemple/post/nbc-issues-apology-on-zimmerman-tape-screw-up/2012/04/03/gIQA8m5jtS_blog.html

Some further ethical questions to consider:
• Is it ever OK to edit a 9-1-1 tape?
• How should we give readers/viewers/listeners access to the full content?
•  What type of information is it OK to cut from audio?
• Do we tell our readers/viewers/listeners that we have edited parts out?
• How do we ensure that an edited slice of audio reflects the factual and contextual information our audience would get if they heard the whole thing?
• What is the appropriate way to correct a mistake of this magnitude?
• If you were the editor in charge, how would you handle this? How would you handle the apology and statement?

PART III:
Finally, as a class, read the Radio Television News Directors Association Code of Ethics, and highlight and discuss the parts that discuss context and accuracy.  Did NBC act ethically according to this guide?

http://www.rtnda.org/pages/media_items/code-of-ethics-and-professional-conduct48.php

Those looking for guidelines to prepare state groups to pass free expression legislation now have a draft document package to work with.

The Scholastic Press Rights Commission has completed a draft version of its Blueprint for Success: Promoting Scholastic Right Rights Legislation, and makes that information available in time for the JEA/NSPA Seattle convention.

The commission welcomes comments and suggestions before it publishes a final version in the coming months.

The Blueprint can be downloaded here or from a link in the right-hand menu under state legislation on this site.

Several additional legal and ethical sites are also worth noting:

• Back issues of the Student Press Reports. Found at Issuu, this site gives everyone access to information from The SPLC Reports, the Student Press Law Center’s magazine, since it started. Well worth time to just browse or look for information to support local reporting.

• The Panic Button. Found here, The Panic Button links you or your students directly to assistance and information about handling  an issue of censorship. Members of the Scholastic Press Rights Commission and 45Words students will respond quickly, offering suggestions and providing information as your students and others plan a strategy to handle censorship.

• The forum map. This map, a project of The Center for Scholastic Journalism,  is a list of schools the Center has determined to be open forums for student expression, either by policy or practice. The purpose of the map is to enable journalism programs seeking to become open forums to have models and contacts to assist in the quest.

• Application to be on the forum map. This writable PDF is your way to apply to have your school recognized as an forum by policy or practice.

• Certification map. This map shows requirements for teaching journalism in 49 of the 50 states, plus the District of Columbia and links to each state’s department of education.

Marina Hendricks, a member of JEA’s Scholastic Press Rights Commission, has developed a “Social Media Toolbox” for use by student journalists and their advisers.

The toolbox, available at hendricksproject.wordpress.com, features 16 lessons on social media plus related resources. The lessons can be used as a unit or individually, depending on the needs of students, advisers and school publication programs.

As a unit, the lessons are designed to help student journalists and their advisers navigate the transition into using social media as part of their publication programs. The unit starts with ethical decision-making to help guide students through the process. It continues with exploration of reasons for using social media, consideration of how social media tools are employed by journalists, and evaluation of the school community’s use of social media through a survey.

Other lessons focus on legal issues, social media policies and roles, cyberbullying, reporting using social media, and tutorials for implementing popular tools such as Facebook and Twitter. The unit concludes by challenging students to design an educational program on social media for the school community.

This is a fantastic educational opportunity for students and teachers to determine the impact of social media in a scholastic journalism setting and for administrators and communities to see how they can support and enhance a journalistically strong – free and responsible – social media program.

JEA’s Scholastic Press Rights Commission (SPRC) has set up a uniform process to help advisers – and students – who seek advice about handing censorship or other legal issues.

The Panic Button.

The Panic Button is an online reporting tool to collect information from those experiencing some type of censorship.

When an adviser or student uses the Panic Button to submit information, designated SPRC members receive notification. This sets in motion a series of responses following a checklist system. In no way will the commission direct the fight against censorship, but each person has a different course of action in supporting the adviser and students while offering suggestions and resources specific to that situation.

As JEA vice president and Commission member Sarah Nichols reported in an email to state and regional directors and board members,  “We [a Press Rights Commission subcommittee that developed the process] focused on four key goals:
• A consistent method of reporting
• A process that works quickly
• A tool for collecting data
• A way to avoid overlap and prevent harm.”

Here’s who gets involved and how:
When the adviser hits the panic button and files a report, he or she instantly gets a check sheet with steps to take – like “Take a deep breath — you have support” and “Keep a paper trail.” A student can hit the Panic Button, too, and the check sheet he or she gets is a little different, including, “Contact the Student Press Law Center,” and “Get parental and other student support.” That request for assistance goes to six SPRC members, who quickly respond. Read the rest of this entry »