“The landmark Food Lion case”
By: Kristen Rasmussen on Reporters Committee for Freedom of the Press (also can be found under “Sources and Deception” from 9/27)
Background: If journalists lie on employment application to gain access to private facilities in hopes to gather news, they are not protected by the First Amendment and could be liable for trespass and other offenses.
Two ABC producers got jobs at Food Lion’s meat department by submitted false information on applications. Food Lion sued for fraud, breath of the duty of loyalty, trespass and unfair trade after ABC broadcasted a report about their unsafe food preparations on “PrimeTime Live.” A jury found ABC liable for fraud, trespass and disloyalty. The U.S. Court of Appeals reversed the fraud claim, but upheld the monetary award for breach of loyalty and trespass.
Fraud – no : Food Lion could not prove anyone suffered an injury due to the producers misrepersentations
Trespass – yes : Had permission to be in the store because they were hired, but not film in non-public ares.
employee loyalty and trespass : laws of general application, from which the press could not be exempt
“Introduction: Recording — State hidden camera statutes”
By: Reporters Committee For Freedom of the press
Laws :
– You may record, film, broadcast or amplify any conversation if all parties to the conversation consent. It is always legal to record or film a face-to-face interview when your recorder or camera is in plain view, as consent is presumed.
– In 38 states (+ DC) you can record a conversation without informing the other parties
– California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington forbid the recording of private conversations
-The federal wiretap law permits surreptitious recording of conversations when one party consents unless for the purpose of committing any criminal act
-Many of the state statutes make possession of wiretapping devices a crime even though one-party consent to taping conversations may be allowed.
– The U.S. Supreme Court ruled in Bartnicki v. Vopper in May 2001 that the media could not be held liable for damages under the federal statute for publishing or broadcasting information that the media obtained from a source who had conducted an illegal wiretap.
-The Federal Communications Commission also has adopted a policy, known as the “Telephone Rule,”4 which requires a reporter who records a telephone conversation that will later be broadcast to inform the other party that the recording is intended for broadcast.
– In Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota and Utah, installation or use of any device for photographing, observing or overhearing events or sounds in a private place without the permission of the people photographed or observed is against the law
I think the information in this article is necessary to know for all journalists. One thing I found particularly interesting is that it is not illegal to record people or events in a private place without consent everywhere. It is scary for me to think I can be in a safe zone but in reality, being secretly taped. This article also shows the importance of checking every states laws carefully before reporting there.
“The Ethics of Undercover Journalism”
By: Greg Marx of the Columbia Journalism Review
I think this article was a solid conclusion article because it very briefly discuses previous articles we were assigned to read. It discussed O’Keefe ACORN videos, Food Lion, “To Catch a Predator”, and the checklist for journalists created by Bob Steele.
“Lying to Get the Truth”
By: Mark Lisheron of AJR
Kenneth Case and Ricardo, both of The Maldon Group, had interest in Turkmenistan, so they went to Cassidy & Associates, one of the most powerful lobbying firms in Washington. But, it turns out there was no Maldon Group or even Kenneth Case. Case was an undercover reporter of Harper’s Magazine named Ken Silverstein. Silverstein stated lying “gave readers a rare glimpse into an institutionalized amorality throttling U.S. policy, a view they most certainly wouldn’t have gotten any other way.”
I would probably never go to that extreme while reporting, because there gets to a point where it would cross my morals, and I believe if a job makes you breaks your morals, it is the wrong job for you. But, if Silverstein was not morally objected to doing so, and it isn’t illegal, it is up to him what he wants to do to get the story. He wrote and did what he did for the public’s best interest: ” I think it’s in the public interest to present that story.”
“Sad for 60 Minutes”
By: Sam Quinones author of True Tales: A Reporter’s Blog
This article is about 60 Minutes stealing ideas that came from Quinones and his book, without credit. Quinones wrote how he spent years investigating the opiate problem in Ohio, only for 60 minutes so steal much of his information. This upsets me because the author, Sam Quinones, worked hard to male this book a reality and he got many of his ideas stolen. Although we cannot be 100% everything was taken from him, if Quinones was telling the truth, then the producers of 60 Minutes would have been very aware of Quinones and his ideas.