This document provides a summary of journalism law for copy editors. It discusses key concepts like the First Amendment, libel laws, invasion of privacy, copyright, and use of anonymous sources. Regarding the First Amendment, it notes that while it protects several freedoms, these rights are not absolute and must be balanced with other interests. It defines libel and provides examples of libelous statements. It also discusses the elements of invasion of privacy torts like public disclosure of private facts. The document covers copyright law basics and exceptions like fair use. It addresses legal issues around using anonymous sources and notes policies vary among news organizations.

1. Journalism Law PrimerJournalism Law Primer
What copy editors need to know
Presented by Mark Grabowski
for Dow Jones News Fund

2. Why it matters
• The laws affect how journalists are
able to do their jobs: what they can
report on and what they can’t.
• Most countries don’t allow the
freedoms that the U.S. does. But we
tend to take press freedom for
granted.

4. • First Amendment rights must be asserted in
order to be defended.
• If you don’t know what your rights are, it’s
easy for others to trample on them.
• This often happens to students journalists
because they are unaware that school
administrators have violated the First
Amendment.
Why it matters: You have rights

5. Why it matters: The people you
cover have rights, too…
The media has a
lot of influence
and can ruin
people’s lives.
Erroneous and
false reporting
can result in
million dollar
lawsuits. Our
society is very
litigious.

6. First, some history…
It all begins
with the First
Amendment.
Press freedom
is rooted in
this.

7. 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.
The First
Amendment
• A promise by the
government to respect
the individual rights of
its people relating to:
– Religion
– Speech
– Press
– Assembly
– Petition
• First Amendment rights
are not unlimited

8. First Amendment rightsFirst Amendment rights
are not absoluteare not absolute
The Supreme Court often balances First
Amendment rights with other personal rights
and societal interests such as the right to
privacy; to protect reputation; to protect
national security interests; and against
obscenity, to name a few interests that are
sometimes favored over First Amendment
rights.

9. Only applies to government!
• The First Amendment does not regulate the
behavior of private actors
• Private schools can restrict speech
• Your editor/boss can restrict your ability to publish
content
• Webmasters can delete comments they don’t like
• While you may have a right to publish something,
there may be consequences (subscription
cancellations, loss of advertisers, Twitter shaming,
etc.)

10. Has evolved over time
• The First Amendment was ratified in 1791
• Back then, there were only newspapers
• The 20th
Century brought radio and TV
• In the 21st
Century, the Internet is the main
source of news
• Technology has created new issues and
challenges for press freedom

11. Beyond First Amendment
• Press freedom is
rooted in the First
Amendment and no
law can be created
that limits the
freedoms guaranteed
in the First
Amendment.
• However, the First
Amendment isn’t the
only law that concerns
the media.
• State laws, for
example, address
reporter’s privilege.
Local zoning laws
regulate where
newspaper stands go.

12. Legal Issues for Copy Editors
• Censorship
• Libel
• Copyright
•Employment Issues
• Invasion of
Privacy
• Anonymous
Sources

13. 1. Censorship
The Supreme Court has said injunctions
preventing the exercise of speech should be
viewed very skeptically--they carry "a
presumption of unconstitutionality." See
Pentagon Papers. But some exceptions:
– Gag orders for trials
– Pre-publication agreements for gov’t
employees
– Media coverage of military ops

14. Cyberspace “makes censorship
almost impossible” - Media critic Jon Katz

15. Remember
• Just because your newspaper may exploit
the First Amendment to gather and report
news doesn’t mean they won’t restrict
speech when it comes to publishing
viewpoints, letters to the editors,
comments, etc.
• Learn what your newspaper’s standards are
for community commentary.

16. 2. Libel
Publication or broadcast of a false
statement of fact that seriously
harms someone’s reputation.
Applies to printed statements and
spoken statements, both online and
offline.

17. Professor
Wilson stole a
school shuttle
to take his
family on
summer
vacation.

18. Libel defined…
Publication or broadcast of a false
statement of fact that seriously
harms someone’s reputation.
Applies to printed statements and
spoken statements, both online and
offline.

19. Beware!
•Libel can appear is news
stories, headlines, captions,
etc.
•If your newspaper prints a
libelous letter to the editor, it
can be liable for libel

22. Libel defined…
Publication or broadcast of a false
statement of fact that seriously
harms someone’s reputation.
Applies to printed statements and
spoken statements, both online and
offline.

24. Identification
Although not explicitly
identified by name, the
"government executive
who makes his home at
1600 Pennsylvania
Avenue” clearly refers
to the President of the
United States.

25. Libel defined…
Publication or broadcast of a false
statement of fact that seriously
harms someone’s reputation.
Applies to printed statements and
spoken statements, both online and
offline.

26. Truth is an
absolute defense
to defamation.
But there’s a
catch: Knowing
something is
true and proving
it’s true can be
two different
things.

27. Libel defined…
Publication or broadcast of a false
statement of fact that seriously
harms someone’s reputation.
Applies to printed statements and
spoken statements, both online and
offline.

28. “Pure” statements of opinion
CANNOT be defamatory

29. Consequently, cyberbullying and “Internet
trolling” is difficult to legislate against.

30. Myth
As long as you preface your statement with a
qualifier such as “In my opinion,” or
“allegedly,” or “I think,” you cannot be
successfully sued for defamation.
False: While such qualifiers have their place,
there are no “magic words” that will always
shield you from liability.

31. Libel defined…
Publication or broadcast of a false
statement of fact that seriously
harms someone’s reputation.
Applies to printed statements and
spoken statements, both online and
offline.

32. This may be a lie, but does it
really harm a reputation?

33. Red Flag Statements
• Accusations of illegal conduct or
involvement with the criminal justice
system or criminals
• Charges of sexual misconduct or
promiscuity
• Statements that attack a person’s honesty
or integrity

34. Be especially careful
with crime stories
• Use correct terms
• Don’t convict people of crimes before
they’ve gone to trial

35. Terms: Some journalists confuse robbery,
burglary, larceny and theft…
•Larceny encompasses any wrongful taking of property.
•Theft is larceny without a threat or violence, such as a picked pocket. Many
forms of white-collar financial crimes are variations of theft.
•Fraud is a form of theft, sometimes defined as theft by deception.
•Tax evasion is another form of theft.
•Auto theft is self-explanatory.
•Robbery is a larceny accompanied by violence or threats, including a finger
under the jacket to indicate a gun.
•Burglary is the unlawful entering of a premises with the intent to commit a
crime. A burglary does not involve violence. But if a homeowner discovers the
burglar and violence ensues, the burglary becomes a robbery. (“Home
invasion ,” a phrase that became popularized in the 1990s and was followed by
special-penalty laws, is a break-in robbery.)

36. Avoid sloppy allegations…
•Remember, in the U.S., people are presumed innocent until
proven guilty.
•So, until someone has been convicted of a crime by a judge or
jury, you can not call him a criminal, burglar, murderer, etc.
•Instead, use language such as “He has been charged with
[crime]” or “She was arrested on charges of [crime]” – and
attribute any allegations to police.
•Otherwise, your media outlet could be sued for libel.
Sometimes charges are dropped. Sometimes police botch
investigations. Sometimes suspects win their cases and are
vindicated. Be very careful with how you word your crime
stories. People’s reputations are at stake, including yours.

37. Is this potentially libelous?

38. Why
is this
version
safer?

39. One more requirement:
Fault Required
The First Amendment
requires that in order for
defendants to be held
responsible for defamation,
the person suing must show
— at a minimum — that the
reporter/editor acted
unreasonably.

40. Public figures
Under New York Times v. Sullivan, public
officials and public figures are required to
prove “actual malice” in defamation cases.
Some other caveats…

44. Good news: You’re not legally responsible for libelous
comments made by others on your newspaper’s website.

45. – Fair report privilege
•Allows journalists to
report anything said
in official
government
proceedings.
•Must be accurate
and fair.
Privilege and protection
for sources and stories
– Opinion privilege
•Protects written
opinions from libel
suits.
•Distinction between
facts and opinion.

46. 3. Invasion of Privacy
Certain details about people, even
though true, may be "off limits" to the
press and public
Truth is not a defense

47. a. Public Disclosure of Private and
Embarrassing Facts
• Examples: Publishing detailed information about a
private person’s sexual conduct, medical/mental
condition, educational records
• Look for facts that are:
– Sufficiently Private
– Sufficiently Intimate
– Disclosure would be highly offensive to
reasonable person (shocking!)
• Defense: Newsworthiness; consent

48. Examples
• Examples could include publishing detailed
information about a person’s:
• Sexual conduct
• Medical/mental condition
• Addiction recovery
• Educational records

52. b. Intrusion
• Generally based on the act of newsgathering
• Publication not required
• Three most common types of intrusion:
– Trespass: Going onto private property without the
owner's consent
– Secret Surveillance: Using bugging equipment, hidden
cameras, other electronic aids
– Misrepresentation: Invalid or exceeded consent
(often in the context of undercover reporting)
• Defenses: Newsworthiness; consent

53. Intrusion
General Rule:
You have the right to
photograph anything from a
public spot that you can see
with the naked eye

54. Consent is generally
required before
newsgathering in a
private space

55. c. False light
• The unflattering, highly offensive portrayal —in
words or pictures— of a person as something that
he or she is not
• Examples: Misleading caption published with a
photo, inaccurate attribution of letter to the
editor; careless use of photo morgue
• Not recognized in all states

57. A student sued his school claiming that his face was used in
a newspaper article warning teenagers about sexually
transmitted diseases.

58. 4. Copyright Infringement
Using someone else’s
original work without
obtaining the
copyright owner’s
permission.

59. Purpose of Copyright
• Progress/Advancement of Arts & Sciences
– Recognized by framers of Constitution
• Reward creative efforts
• Encourage societal knowledge

60. Copyright Defined
In order to qualify for copyright protection, a
work must be:
(1) original
(2) fixed in a tangible form
(3) show at least a minimal amount of
creativity.
Note: a work need not state it’s copyrighted or have
the © symbol to be copyrighted.

61. Copyright can
protect:
• Photos
• Stories
• Illustrations
• Logos
• Even wallpaper
Copyright does not
generally protect:
•Facts/ideas
•Most federal
governmental records
•Works in public domain
(e.g. copyright expired)
•Odds & Ends (titles,
•slogans, short phrases,
•familiar symbols, etc.)

63. The General Rule
If you didn’t create it and/or you
don’t own the copyright to it,
you must get permission to use it
Except…

64. Fair Use: An Exception
to the Rule
• Using a limited amount of a copyrighted
work for news, educational or
informational purposes without consent
may be permissible as a “fair use”
• Not every use by a media or educational
organization is a fair use

65. No magic formula to determine
copyright infringement…
• The Nation magazine was successfully sued
by a book publisher after it published only
300 to 400 words of verbatim quotes from
a 500-page presidential autobiography
without the permission.

66. Other things to remember
about copyright law
• Law requires permission from copyright
owner, not just attribution
• Protects the works you create as well as
those you may want to use
• Ignorance of the law is not a defense

67. Copyright law protects
material on the Internet!

68. Original work is being created now more than ever
thanks to the Internet…

69. Using Facebook and Twitter pics
without permission is illegal
• A federal court ruled that Agence France-
Press committed copyright infringement
when it used a photo posted on Twitpic.
• This applies to using photos from both
professional photographers and regular
people.
• Fair Use likely won’t protect you.

70. Digital Millennium Copyright
Act
If you manage a blog or website that allows users to
submit comments or post content, you can avoid
being held responsible for copyright infringement
by readers. The federal Digital Millennium Copyright
Act (DMCA) has a limited safe harbor allowing
publishers to escape liability for copyright
infringement if they promptly pull down infringing
material posted by outside parties (not staffers)
after getting notice of the infringement.

72. Anonymity Abound
The Internet has created an explosion of
anonymous information…
Who doesn’t
like hearing a
juicy secret?

73. Journalist’s dilemma
• Journalists shouldn’t just print anything. SPJ Ethics
Code states: “Seek the truth and report it.”
• The reporter’s job is, as fully as possible, to conduct
interviews and seek information on the record.
• However, some people will only share information off
the record.
• Every good reporter wants a scoop, an exclusive story
no one else has. But equally important is a reporter’s
reputation. Can we trust the info?
• Media needs to get facts right. Don’t want to get sued.

74. Issue
• Anonymous sources, per se, aren’t bad.
– Some of journalists’ best sources never appear
in their stories, even as an “anonymous
source”
– Reporters may use anonymous tipsters to
point them to public records and to on-the-
record sources
• The issue is quoting them in stories.
– e.g., “a source who spoke on the condition of
confidentiality said…”

75. Copy Editor’s Role
• If the reporter tells you who’s the source, you
could be exposed to legal liability.
• Question whether use of an anonymous source
is truly necessary – rarely is it necessary.
• Know employer’s policy: Your newspaper may
not even allow use of anonymous sources.
• If you do cite an anonymous source, explain as
much about source as possible & why it’s
necessary for him/her to be anonymous.
Readers deserve to know.

76. Policies differ
• A poll conducted by the
Associated Press and
the AP Managing
Editors Association
found that editors at
about one in four
newspapers say they
never allow the use of
anonymous sources.

77. On the other hand
• Unnamed sources have
played a valuable role in
journalism. From the
Pentagon Papers to
Watergate to the Abu
Ghraib scandal, granting
sources anonymity has
provided the public with a
window to important
information that might
otherwise have gone
unreported.

78. Then again…
• Journalists and media outlets have also gotten
burned by anonymous sources:
– Most O.J. Simpson reporting from unnamed
sources was later deemed inaccurate.
– Newsweek retracted a story based upon an
unnamed source about a Qur'an being flushed
down a toilet that led to riots in the Middle East
– The L.A. Times retracted an article that relied on
anonymous sources and implicated Sean "Diddy"
Combs in the beating of Tupac Shakur
– Unethical journalists sometimes disguise
fabrications using anonymous sources

79. Clamp down on practice
• One study found that large
newspapers' use of
anonymous sources dropped
dramatically between 2003
and 2004. The Project for
Excellence in Journalism found
use of anonymous sources
dropped from 29 percent of
all articles in 2003 to just 7
percent in 2004.

80. Legal Issues
• Most states, including New York, have a
“shield law” or other protections that give
reporters protection against being forced
to disclose confidential information or
sources
• But…
– There is no federal law
– The state laws do not provide unlimited
protection

81. Legal Issues
• Branzburg v. Hayes (1972) found no right to
protect sources
• Gov’t can only ask for source’s identity as
last resort and when there’s an “overriding
and compelling state interest.”
• So, a reporter who refuses to reveal his/her
source could go to jail.
• A copy editor privy to the source’s identity
could also be subpoenaed.

82. Legal Issues
• If you promise a source anonymity and
violate that confidentiality, you could be
sued for breach of contract
– See Supreme Court ruling in Cohen v Cowles
(1991)

83. Avoid accidental anonymity
• Provide full names of sources.
• Avoid things like:
– “John said”
– “A waitress said”
• Remember: unnamed sources diminish
your credibility. Avoid gratuitous use of
them.

84. • The Poynter Institute, a renowned journalism
think tank, offers criterion for assessing
whether to use an anonymous source…
Question whether anonymity
is necessary…

85. How to decide
• Is the information of overwhelming public
concern?
• There's no reason to use them when
someone is attacking someone’s
reputation, or speculating, or defending an
institution, or even saying something
completely innocuous

86. How to decide
• Would speaking on the record put the
source in danger? Get them fired? Risk
future access?
• If not, be wary because the source may
have ulterior motives
• SPJ’s Ethics Code warns: “Always question
sources’ motives before promising
anonymity.”

87. How to decide
• Is there no other way to get the essential
information on the record?
• Don’t use anonymous sources if you could
get the same information on the record –
from records or another source.

88. How to decide
• Does the source have verifiable and first-hand
knowledge of the story?
• Even if the source cannot be named, the
information must be proven true. You need
solid evidence, not just a hunch.
• It's pretty tough to defend a libel lawsuit
where your primary source for an allegedly
defamatory statement can't be called to the
stand in your defense.

89. How to decide
• Are you prepared for the legal
consequences?
• Reporters have gone to jail in
increasing numbers over the last few
years to keep promises they have
made to confidential sources in
defiance of a court order.
• Reporters have been pressured and
sued for not revealing anonymous
sources.

90. To use or not?
1. A Jets’ official said the team did not want to sign Richie
Incognito because he would “poison the locker room.”
2. A source who insisted on anonymity said…
3. Sources at The Post asked not to be identified “for fear of
appearing to embarrass a colleague.”
4. A man who came upon an assault victim in Manhattan feared
speaking on the record because the attacker was still free.
5. The private college’s cafeteria received a poor grade from the
New York City Department of Health because an inspector found
evidence of mice and cockroaches, said a cafeteria employee
who asked to remain anonymous for fear of retaliation.

91. 6. Employee Rights
There are some employment-related issues
you should keep in mind. Remember, only
the government can’t punish your speech.
Your employee, however, can – even if you
work for the press.

92. You don’t have privacy at work
• Don’t send personal emails using work WiFi
or devices. Courts have ruled that employees
and students have no reasonable expectation
of privacy when using an organization’s
computer. Interns have been fired for emails
they sent using their company’s email
address.
• It’s also OK for employers and prospective
employers to Google stalk you. So manage
your online reputation.

93. Your portfolio may expose
you to liability
• Be careful with your personal journalism
portfolio.
• If you’re posting content on your personal
website that you were paid to produce as part
of an internship or job – and it’s hidden
behind the newspaper’s paywall – you’re
technically violating copyright. Your employer
probably won’t mind, but it’s best to ask
permission to use.

94. • Be careful what you post online. Reporters have
been fired for making posts about their jobs.
They’ve even been fired for making tweets that
are unrelated to their jobs on their personal
blogs – you risk damaging the goodwill of your
newspaper in the community’s eyes.
– e.g., TV reporter Shea Allen
• In many states, employers can legally require
you to share your social media passwords with
them.
Social Media

96. Disclaimer
This is not legal advice. This
presentation was just a crash
course to help copy editors
recognize common legal issues
that may arise. When in doubt,
consult an attorney.

97. About the Presenter
Mark Grabowski is a professor at Adelphi University in
New York, where he teaches journalism & media law.
Previously, he worked as a lawyer and a journalist. He
holds a J.D. from Georgetown Law. For more info, visit
markgrabowski.com or email mgrabowski@adelphi.edu.