November 2009 Archives

CLA Alumni Honored for Leadership and Service

In October three CLA alumni received the prestigious Alumni Service Award from the University of Minnesota for their long-time service and legacy of volunteerism. The awards were presented at a celebration hosted by the University of Minnesota Alumni Association.

Site Visits Help CLA Students Understand the Work World

Since November 2008, CLA's Career and Community Learning Center (CCLC) and the CLA Alumni Society have partnered on an initiative for CLA students to learn more about networking and work places through company site visits.

Welcome, Elaine!

The Silha Center is pleased to introduce its new administrative assistant, Elaine Hargrove-Simon. Ms. Hargrove-Simon comes to the Center with a wealth of experience in office management and a diverse educational background, which includes an undergraduate degree in journalism. She has worked for the University of Minnesota since 1993, and has been on staff at the School of Journalism and Mass Communication since 1996.

Q & A with Davis Merritt

The following are edited excerpts from an Oct. 6 interview conducted by Jack Breslin.

Journalist Davis "Buzz" Merritt, Senior Editor of the Wichita Eagle, and his colleague, Jay Rosen, a New York University professor, had already been developing their ideas about better integrating journalism into public life for some time when they finally came up with the name "public journalism." But that was probably the easiest challenge they confronted in trying to change journalistic attitudes.

Abstract

This paper was accepted for presentation at the Newspaper Division of the AEJMC Southeast Colloquium, March 12-14,1998, New Orleans.

The Silha Center is gearing up for what it hopes will be the first of many gatherings of professional editors and reporters, mass media attorneys, and communications scholars. Our National Media Ethics and Law Conference, on April 17, 18, and 19 at Minneapolis' Regal International Hotel, features three panels with some of the nation's leading First Amendment lawyers, prominent journalists, and well-known ethics and law researchers.

Prof. Gillmor's Last Class Is "Bittersweet"

As Professor Donald Gillmor conducted his last class after 45 years of teaching, he admittedly had mixed feelings about ending his academic career at the University of Minnesota's School of Journalism and Mass Communication.

Book Review: Media Ethics: Issues and Cases (3rd ed.)

Patterson, Philip and Lee Wilkins (eds.) (1998).
New York: McGraw-Hill. 356 pp., $15.60.

No book yet published could be a "stand-alone" media ethics volume. There are simply too many issues and concepts for one publication to encompass and still be an affordable and readable assignment for an undergraduate class. Media Ethics is no exception; however, it comes closer than many others to being that "stand-alone" volume.

Professor Gillmor Remembers

It is with a deep sense of loss that I take my leave of a journalism program that I have admired and been a part of, spiritually or physically, since I came to Minnesota as a foreign graduate student in 1949. I am also saying goodbye to a Center that has kept the mind alive and the heart beating with excitement since 1984.

Gillmor "Roasted" at Conference Banquet

A warning to aspiring young journalists who later become distinguished mass communication law scholars: A feature newspaper story that you write at age 23 could come back to haunt you 47 years later.

First National Media Ethics & Law Conference

Debates New Technology, Ethics, and Newsgathering

Held on the weekend of April 18 and 19, the Silha Center's National Media Ethics and Law Conference drew more than 100 leaders in media law and ethics to Minneapolis to discuss the applicability of traditional legal and ethical principles to new media and new ethical climates.

Cyberporn and Dangerous Judicial Precedent

The issue of online pornography has been talked to death. Obviously, we all want to protect children from exposure to lewd images on the Internet. At the same time, we want to preserve online freedom of speech. On a larger scale, nation-states are concerned with the protection of public morals in their jurisdictions - an almost impossible task in the border-free cyberspace environment. In legal battles between online freedom and online control, cyberporn serves the values of free speech very poorly. It creates bad judicial precedent.

Interview with Author/Journalist Jeremy Iggers

In his new book Good News, Bad News: Journalism Ethics and the Public Interest (Westview Press, 179 pp., $55 cloth, $17.50 paper), Jeremy Iggers argues that journalism's "institutionalized conversation" about ethics avoids confronting crucial issues facing today's media, including their public interest and civic responsibilities. Bulletin Editor Jack Breslin interviewed Mr. Iggers about his book and views on the current state of journalism ethics. This article is an excerpt from that interview. Mr. Iggers earned his doctoral degree in philosophy from the University of Minnesota and is currently a staff writer at the Minneapolis Star Tribune.

Cases throughout the 1990s, such as the Minnesota Daily case, State v. Knutson, which was resolved in January, 1996,* demonstrated Minnesota courts' increasing willingness to narrowly interpret the shield law as it stood, even though journalists thought that the protection outlined in the law extended to their unpublished notes and photos. Minnesota media organizations such as the Society of Professional Journalists and the Minnesota Newspaper Association worked tirelessly to educate the legislature about the importance of this protection and should be commended for their dedication.

This is a special report for the Bulletin written by Mark Anfinson, attorney for the Minnesota Newspaper Association and an instrumental player in the passage of the newly amended Minnesota Free Flow of Information Act, otherwise known as the Minnesota shield law.

Book Review: Advertising and Public Relations Law;

Roy L. Moore, Ronald T. Farrar, Erik L. Collins.
Mahwah, NJ: Lawrence Erlbaum Associates, Publishers, 1998,
499 pp., $57.50 Hardcover only.

Amid concern about the declining credibility of journalists, the debate over the viability of news councils as a form of non-governmental media accountability has revived. Over the past several years, Silha Center researchers Bill Babcock, Genelle Belmas, and Jennifer Lambe have conducted a systematic evaluation of 25 years of determinations by the Minnesota News Council (MNC). Through analysis of the records of MNC hearings, we have gained insight into the news council model of media accountability.

Q&A with Allen H. Neuharth

This is an excerpt from an interview conducted with Allen H. Neuharth by Professor William Babcock, director of the Silha Center, on Aug. 24, 1998.

Allen H. Neuharth, founder of USA TODAY, will provide his unique perspective on today's lapses in media reporting when he delivers the 1998 Silha Lecture. His remarks come from 48 years of media experience as a reporter, columnist, publisher, and CEO of a major media corporation. The lecture will take place at 12:15 p.m., Thursday, Oct. 8, at the Cowles Auditorium on the West Bank of the University of Minnesota's Twin Cities Campus.

In recent years, Congress has tried to make and pass laws that will control sexual material on the Internet -- and do so constitutionally. In 1996, the Communications Decency Act (CDA) was passed as part of the large Telecommunications Act of 1996, the first major overhaul of telecommunications policy in many years.

Paper accepted for the AEJMC Midwinter Conference, Feb. 6, 1999 - Nashville, TN
"Crafting Media: Credibility and Accountability."
By Genelle Belmas, former Silha Fellow

Highlights from the PLI Communications Law Conference

With breakneck changes occurring in the communications industry - from mega-mergers to deregulation to the internet explosion - the regulatory and First Amendment boundaries governing the media are in transition.

David T.Z. Mindich.
New York, NY: New York University Press,
1998, 201 pp., $24.95. Hardcover Only.

In the late 1980s as a doctoral student studying Philippine provincial journalists and their self-perception as agents of social change and development, I stumbled upon a reality I hadn't anticipated in my research design, and one that I had no easy way to measure.

New Silha Fellows

The Silha Center announces its two new Fellows for the 98-99 academic year, Jack Breslin and Erik Ugland. Both are Ph.D. students with the School of Journalism and Mass Communication.

The University of Minnesota School of Journalism and Mass Communication seeks applications and nominations for the Silha Professor of Media Ethics and Law. This is a full-time, 9-month tenured position beginning Fall 1999, at the rank of professor or associate professor, depending upon qualifications and experience, and consistent with collegiate and University policies. Salary is competitive with similar academic positions.

On election eve, Nov. 3, Raelin Story, a local KSTP reporter, interviewed Roger Moe, Hubert "Skip" Humphrey III's running mate. At that time 4 percent of the precincts had reported in, and Mr. Humphrey was winning, with 35 percent of the vote, former professional wrestler Jesse "The Body" Ventura with 33 percent, and St. Paul mayor Norm Coleman with 31 percent. In speaking of the "Ventura factor," Mr. Moe said, "I really think you folks [broadcast and print journalists] let him [Ventura] off the hook. You let him get a free ride, the press did, and nobody knows anything about him. He wasn't pinned down on any of his issues - not like Norm Coleman and Skip Humphrey were. So, I think he's been treated with kid gloves...."

Congress' latest effort to shield minors from "harmful" Internet content was struck down on June 22 by the U.S. Court of Appeals for the Third Circuit in ACLU v. Reno (Reno III), No. 99-1324, 2000 WL 801186 (3d Cir. June 22, 2000). In doing so, the appellate court may have thwarted future efforts by lawmakers to regulate obscenity on the Internet.

Information Revolution Brings Privacy Concerns

With the continuing computerization of government records and the development of sophisticated new database technologies, journalists should be in the midst of a government-access renaissance. But with the information revolution has come heightened fears that increased access will lead to excessive intrusions on personal privacy. Shielding the public from perceived violations of their privacy has become one of the principal preoccupations of state and federal lawmakers.

Supreme Court to Rule on Wiretap Case

The U.S. Supreme Court agreed on June 26 to decide whether a radio station may be subject to civil liability for broadcasting a tape of an illegally intercepted cellular phone conversation, when the station received the tape anonymously and played no part in the interception.

Less than a week before the divisive 2000 National Election, the Silha Center's 15th Annual Lecture hosted Chip Bok, award-winning political cartoonist for the Akron Beacon Journal. Bok's work has appeared in Reason magazine, The Washington Post, The New York Times, Time and Newsweek. For the first time, the Lecture moved off the University of Minnesota campus to the Fitzgerald Theater in downtown St. Paul, for an evening program on November 2, 2000.

Librarians File EEOC Compaint in Minneapolis

On May 3, 2000, the controversial issue of mandatory filtering software on publicly-accessible computers took a novel twist when seven librarians from the Minneapolis Public Library filed a complaint with the Equal Employment Opportunity Commission. They contend that they have been repeatedly exposed to sexually explicit images since the library installed computers with Internet access more than three years ago. They claim that some patrons have used the computers to surf the Internet for pornography, leaving the images on the screens and on printouts. According to the librarians, the pictures are highly offensive, some depicting child pornography and bestiality.

A popular British tabloid's decision to publish the names, photographs and addresses of individuals previously convicted of sex offenses created a stir in the United Kingdom during the summer of 2000. An eruption of vigilantism followed the publication, arguably destroying several lives, leaving a newspaper with a tarnished reputation and - possibly - some lawsuits to deal with as well. However, no noteworthy change was made in Britain's laws on the "outing" of sex offenders.

EU and US Reach Agreement on Safe Harbor Principles

After more than two years of negotiation, the European Commission approved a set of "Safe Harbor" principles proposed by the U.S. Department of Commerce on July 27, 2000. Stringent data protection legislation in Europe prohibits transfer of personal information concerning its citizens to countries, such as the United States, that do not meet the privacy standards applied within the European Union. This would have been an economic disaster for American airlines, hotel chains, human resource agencies, credit card companies or other businesses that rely on transborder flow of personal data from Europe for their day-to-day practices. The agreement may avert this economic disaster, by allowing U.S. companies wanting to transfer data across the Atlantic to comply with European standards by voluntarily signing on to the Safe Harbor principles.

AASFE and RTNDA Adopt New Codes of Ethics

In the autumn of 2000, both the American Association of Sunday and Feature Editors and the Radio Television News Directors Association adopted new codes of ethics at their respective annual meetings. Efforts by George Lucas to control timing of reviews and stories surrounding the release of his 1999 Star Wars: Episode 1- The Phantom Menace, helped spur the AASFE to adopt guidelines on editorial independence and ethics. The RTNDA updated and elaborated its previous code, dating from 1987.

Silha Lecture 2001 To Focus on Bartnicki v. Vopper

Lee Levine, the prominent First Amendment attorney who represented the media defendants in Bartnicki v. Vopper, currently pending before the Supreme Court of the United States, will present the 2001 Annual Silha Lecture on Tuesday, October 2, 2001,beginning at 7 p.m. The Lecture will take place in Cowles Auditorium on the West Bank of the Minneapolis campus of the University of Minnesota, and will be followed by a reception in the atrium outside the auditorium.

By Batiaan Vanacker

When, if ever, is it justified for the media to provide a forum to criminals and terrorists, and when, if ever, is it justified for journalists to cross the line between bystander and participant ? In Colorado Springs, a local TV station provided two dangerous fugitives free airtime in return for a peaceful surrender to authorities, while in Phoenix, a weekly newspaper published an interview with an alleged member of an environmentalist group responsible for setting eleven houses in Phoenix Preserve areas ablaze. Both events sparked debates in local and national media about the moral obligations of media towards their community and society as a whole. In the early morning of January 24, 2001 Patrick Murphy Jr. and Donald Newbury surrendered to law enforcement officers after being cornered in a motel room in Colorado Springs. The two were the last of a gang of seven that escaped from a Texas prison 42 days earlier. The heavily armed fugitives submitted to authorities in exchange for a ten minute televised interview. KKTV Channel 11 agreed to do the interview. Twelve year veteran anchor Said Singer interviewed the escapees by phone while sitting in an office at the motel. During the interview, the two refugees expressed their discontent with the Texas penal system. At the conclusion, they walked out unarmed and surrendered.

FAIR Compiles Report of Pressures on Journalists

By Batiaan Vanacker

Although the United States Constitution guarantees the country's media freedom from government interference, some have argued that this freedom and independence are being endangered from a different threat: corporate interests and financial pressures are said to shape and determine news and media content. Polls among journalists by media watch groups such as the Pew Center for the People & the Press and Fairness & Accuracy In Reporting (FAIR), indicate that journalists often are compelled to put the economic interests of advertisers ahead of the public's right to know when writing or selecting news stories.

Yahoo! Bans Sales of Nazi Memorabilia After French Ruling

By Bastiaan Vanacker

On January 3, 2001, Yahoo! decided to ban the sale of Nazi memorabilia on its auction site, six weeks after a court in Paris ordered the US-based company to bar French surfers from its auctions. Free speech activists and Internet scholars have argued that this case sets a dangerous precedent, because it allows a country to reach across its boundaries and impose its norms on another nation.

Silha Center Offers Comments on Access To Court Records

By Eric Ugland

In an effort to encourage greater public access to court records in electronic formats, the Silha Center submitted formal comments on Jan. 26, 2001, to a subcommittee of the United States Judicial Conference, arguing that privacy concerns should not deter the courts from continuing their efforts to provide access to judicial records through computer networks, including the Internet.

Silha Forum Focuses on Film Restoration

By Elaine Hargrove-Simon

On February 8, 2001, the Silha Forum marked a creative departure from typical fora of the past which have dealt with issues relating to press law and ethics. Entitled "Lost and Found," the forum dealt with the rights and responsibilities of the film industry, in film restoration and preservation, as well as the rights all of us have to enjoy film as a significant part of our culture and history.

In January 2001, the Silha Center joined the Advisory Council of The Cornerstone Project. Located in Washington, D.C., The Cornerstone Project is a three-year public education campaign sponsored by the Media Institute. The focus of the Project is celebration of the First Amendment, and to bring awareness of the First Amendment to all Americans. The Project consists of three elements: media relations and promotion, education and public service announcements. According to Richard Kaplar of the Media Institute, "Every American has a stake in the First Amendment, and the independence of America is critical for free speech and media choice."

British Court Issues Historic Privacy Decision

By Bastiaan Vanacker

In a landmark ruling on December 21, 2000, the Court of Appeals in London recognized for the first time a right to privacy in British law. The court ruling might have far-reaching consequences for media in the United Kingdom.

By Eric Ugland

For the first time since its founding in 1984, the Silha Center for the Study of Media Ethics and Law has co-authored an amicus curiae ("friend of the court") brief in a First Amendment case.

Bartnicki Attorney To Deliver 2001 Silha Lecture

Lee Levine, a prominent First Amendment attorney who successfully represented the media defendants in Bartnicki v. Vopper before the United States Supreme Court, will present the 2001 Silha Lecture on Tuesday, October 2, 2001, entitled, "Newsgathering on Trial: The Supreme Court and the Press in the 21st Century." The Lecture will begin at 7 p.m. in Cowles Auditorium on the West Bank of the Minneapolis campus of the University of Minnesota. A reception will follow in the atrium outside the auditorium.

Miami Reporter Agrees to Restraining Order

By Elaine Hargrove-Simon

Investigative reporter Jilda Unruh, who has been called the "Pitbull in Pumps" - a name she first earned as producer and host of "The Jilda Unruh Show" at KTUL-TV in Tulsa - has agreed to a restraining order preventing her and other WPLG-Channel 10 (Miami) reporters from interviewing a prominent Florida lobbyist.

Russian Media Wrestles With Democratization Process

By Elaine Hargrove-Simon

As the former Soviet Union continues its struggle with democratization, it is becoming apparent that the struggle is difficult for the independent Russian media as well.

Access to McVeigh Execution Prompts Ethical, Legal Debate

By Jack Breslin

In the media frenzy over convicted Oklahoma City bomber Timothy McVeigh's last appeals, postponed execution and final hours, one widely-debated aspect of his demise - not unlike those misplaced FBI files - seemed to be lost. Should the government be allowed to control access to one of the most controversial proceedings in our democracy?

New Florida Law Closes Door on Autopsy Photos

By Elaine Hargrove-Simon

On February 18, 2001, while driving the last lap of the Daytona 500, NASCAR racecar driver Dale Earnhardt was killed when his car hit a wall. The week before his death, the Orlando Sentinel had been running a series of articles concerning NASCAR safety. As a part of that series, the Sentinel stated that three earlier NASCAR deaths could have been prevented if the drivers had worn head restraint devices known as HANS. When Dale Earnhardt's death followed on the heels of the Sentinel's series, the newspaper hired a medical expert to examine Earnhardt's autopsy photos to determine if wearing the HANS device might have saved the racecar driver's life.

U.S. Supreme Court Rules In Historic Bartnicki Case

By Elaine Hargrove-Simon

In the most anticipated media law decision in nearly ten years, the Supreme Court ruled on May 21, 2001 that a news organization cannot be punished for disseminating the truthful contents of an illegally recorded telephone conversation as long as the information is in the public interest and the news organization did not participate in the interception.

First Amendment attorney Lee Levine says that the biggest victory for the press in Bartnicki v. Vopper is that the Supreme Court re-affirmed the principle established in New York Times v. Sullivan, that the media cannot be punished for publishing truthful information about a matter of public concern.

By Elaine Hargrove-Simon

News reporting as it should be done, with a greater focus on hard news, issues, and international concerns, has resurfaced in the wake of the attacks on New York and Washington on September 11. This was the overall consensus of the audience and panel gathered for a public forum where media experts discussed how their industry has been covering news since September 11. The event, held in Cowles Auditorium of the Hubert H. Humphrey Institute on the evening of October 22, attracted a diverse audience that raised issues ranging from government censorship of news to increased coverage of the impact of the war at home. The forum was co-sponsored by the Silha Center.

Ohio Man Jailed For Diary Contents

By Elaine Hargrove-Simon

In early July, an Ohio man, 22-year-old Brian Dalton, was sentenced to serve ten years in prison for writing about his sexual fantasies in his diary. Already convicted in 1998 on charges of possessing photographs of child pornography, Dalton had served several months of jail time before being released on probation. His probation included homework assignments he was required to complete as part of his sex-offender treatment program. When the assignments were not completed as directed, he was arrested again for failing to comply. His parents, who had gone to clean his apartment in his absence, discovered the diary. They turned the diary over to authorities, hoping that their son's parole would be revoked for a year or two, enabling him to receive extensive sex-offender treatment in prison. The Columbus Dispatch reported that Michael and Sarah Dalton have said that their decision might not have been the wisest choice, but they felt that it was morally the best thing to do. The contents of the diary describe Dalton's fantasies involving three children - two of them his cousins - ages 10 and 11. Dalton's diary described placing them in a cage in his basement, and detailed how the children were abducted, subsequently raped and tortured. When Christian Somis, an assistant county prosecutor in Franklin Country, read portions of the diary aloud to a grand jury, he was asked to stop after only two pages due to the disturbing content of the diary. Reportedly, one of the female jurors was in tears.

War Against Terrorism Means New Challenges For News Media

By Elaine Hargrove-Simon

Responding to the events of September 11, 2001, the White House and other governmental agencies have made requests and, in some instances, placed restrictions on the media and American citizens regarding speech and information. Examples of those restrictions and requests include:

Journalists' Records Subpoenaed In Separate Cases

By Bastiaan Vanacker

Two recent cases have raised concern in the journalistic community about the Justice Department's policy on issuing subpoenas against journalists. Since July 20, Vanessa Leggett has been in the Federal Detention Center in Houston, Texas, for failure to turn over subpoenaed interview notes and tapes that could identify some of her confidential sources to a federal grand jury investigating a four-year-old Houston murder. No other American journalist has been jailed as long for refusing to identify a confidential source. And in May, the Justice Department subpoenaed the telephone records of an investigative journalist, John Solomon, seeking to learn the source of leaked material from a political corruption investigation. Vanessa Leggett, a 33-year-old aspiring writer, assistant professor and former private investigator in Houston, Texas, claims to have been working on a book about the 1997 murder of Doris Angleton. Robert Angleton, Doris' husband, was accused and acquitted on state charges of hiring his brother to shoot his wife. Leggett had conducted extensive research on the case; she had over 200 hours of taped interviews with Roger Angleton, Robert's brother and the alleged murderer, who committed suicide while awaiting trial. She had also interviewed a number of other witnesses regarding the case. When a Houston grand jury tried to make its case against the brothers, Leggett shared her materials with prosecutors, including the taped conversations. She was subpoenaed but never called to testify for the grand jury.

By Bastiaan Vanacker

During the summer of 2001, the Minnesota News Council (MNC) heard two complaints brought by government bodies against local newspapers. The Ely City Council submitted a complaint against the Ely Echo regarding an April 30 story on a closed meeting held by the council. The Winona County Board of Commissioners filed a complaint against the Winona Post, claiming that one of its editorials unfairly accused the board of conducting an illegal meeting and that the newspaper's response to the board's complaint was inadequate. In the Ely Post case, MNC members unanimously voted in favor of the paper; in the Winona Post case, the MNC narrowly sided with the Winona County Board of Commissioners.

By Jane E. Kirtley This essay originally appeared on the Web site of the Poynter Institute, www.poynter.org, and is reproduced with permission.

It's going to be a secret war on terrorism. The president has said so. Much of what the government will do, in the Middle East, in Central Asia, and even here at home, in the name of the American people, will be kept from us. Up to a point, even the most ardent Freedom of Information advocate can accept that some secrecy is essential. A covert operation can't be conducted in public. No journalist would want to be told that a news story revealing operational details led to the death of American troops. And if experience is any guide, the public will tolerate, even embrace, the military's insistence on secrecy, at least in the short term.

Spring Silha Forum Will Feature MSNBC.com Ombudsman

The Spring Silha Forum, scheduled for April 10, 2002, will feature MSNBC.com ombudsman Dan Fisher. In his presentation entitled, "Ombudsmanship in the Digital Age: Life as the Peanut Butter in a Cyber Sandwich," Fisher will discuss his work as a combination readers' representative and internal critic of journalism for MSNBC.com, a news web site that is a joint venture of NBC and Microsoft, combining MSNBC TV and MSNBC on the Internet. The web site integrates television with interactive news and offers its users the opportunity to join in the kind of conversations normally found on talk radio. In addition to his work as ombudsman and critic for the web site, Fisher writes a twice-monthly column and responds directly to users' concerns by e-mail.

By Elaine Hargrove-Simon

The Silha Center's Fall 2001 Forum, entitled "The Constitution, Criminal Investigations and Digital Media," was timely following the events of September 11, 2001 and the passage of the USA PATRIOT Act. Forum speakers Stephen Cribari and Dick Reeve addressed privacy and the ways government can glean information about individuals and their activities from their computers.

Tape Confiscated from Maplewood Journalists

By Bastiaan Vanacker

On October 26, 2001, the federal District Court in Minnesota rejected two Minnesota journalists' lawsuits against the City of Maplewood and four police officers for ejecting them from a community banquet and confiscating their tape of the event on December 28, 1999.

Minnesota Shield Law Facing Test

By Elaine Hargrove-Simon

Wally Wakefield, a Minnesota reporter, has been ordered by Ramsey County District Court Judge Dale B. Lindman to pay a $200 per day fine for refusing to identify confidential sources he used in a story he wrote five years ago. Wakefield's article concerned the firing of Tartan High School's football coach, Richard Weinberger, after Weinberger was accused of misconduct, including maltreatment of the team's players. Wakefield's article in the Maplewood Review contained several statements from unnamed school officials who claimed that Weinberger had intimidated the players.

By Bastiaan Vanacker

A French court's order seeking to force Yahoo! to either prevent its French users from viewing Nazi memorabilia or pay a fine of $13,000 a day is not enforceable in theUnited States, a federal judge in San Jose, CA ruled on November 7, 2001 (Yahoo! Inc. v. La Ligue Contre Le Racisme et L'Antisemetisme, 169 F. Supp. 2d 1181 (N.D. Cal. 2001). During 2000, the California-based company became entangled in a legal dispute with two French anti-racism groups over Nazi merchandise being auctioned by Yahoo! users. Despite the fact that the Yahoo! auction sites are hosted by servers located in the United States, a French judge ordered Yahoo! to block access to French users to the site or pay a hefty fine (

Internet Speech Threatened by Global Standards

By Elaine Hargrove-Simon

Potential restrictions on Internet news services were averted at UNESCO's General Conference that took place October 15 - November 3, 2001. At the center of the conference discussion was UNESCO's proposal that was slated to be presented at the World Communication Summit on the Information Society in December 2003, "Recommendation of the Promotion and Use of Multi-lingualism and Universal Access to Cyberspace." The proposal could significantly affect the use and content of news on the Internet.

Vanessa Leggett Released from Jail

By Bastiaan Vanacker

On January 4, 2002, aspiring writer Vanessa Leggett was freed after serving 168 days in the Federal Detention Center in Houston, Texas. Leggett had been jailed on contempt charges for refusing to testify and hand over her research on a 1997 Houston murder case to a grand jury. She contended that doing so would have revealed the identity of some sources who talked to her on the condition of anonymity (see Fall 2001 Bulletin). Leggett was set free because the term of the grand jury had expired. Previous attempts by her attorney Mike DeGeurin to obtain her release on bond had been unsuccessful.

Book on Torture Leads to Fines for French General

By Bastiaan Vanacker

Should all political speech be protected, even if it is used to justify the unjustifiable? In the United States, courts tend to answer this question in the affirmative, but in many other western countries, courts and governments limit freedom of expression when it is used to propagate unpopular ideas. A recent court case in France illustrates this alternative approach to freedom of speech.

Autopsy Records Laws Restricting Access

By Elaine Hargrove-Simon

A year after his death in the Daytona 500, the battle over the access to Dale Earnhardt's autopsy photos continues. (See Summer 2001 Silha Bulletin, "New Florida Law Closes Door on Autopsy Photos.") In a story dated January 10, the Associated Press reported that the newly enacted Florida law is hurting medical examiners and could hinder criminal investigations. As currently written, the law makes it a felony punishable by five years in prison and a $5,000 fine to view or copy autopsy photos without a court order. The law is being challenged by the Orlando Sentinel, the Gainesville Sun, the Ledger, the Sarasota Herald-Tribune, four newspapers owned by The New York Times Co., and the Tampa Tribune, together with its affiliate, WFLA-TV. A separate but related lawsuit is being fought by the University of Florida Alligator. The case has been set for arguments March 5 before Broward Circuit Judge Leroy Moe.

Digital Editing Company Creates Ethics Guidelines

By Bastiaan Vanacker

DigitalCustom, a production company in the business of custom editing digital photographs and still images, sponsored the first version (release version #1.0) of ethics guidelines for editing digital images on February 24, 2002. The guidelines reflect comments DigitalCustom received from its users and Web site visitors over the past year. The code is designed to help news, travel and nature editors apply ethical standards when editing digital images. Altering images in the darkroom has been part of photography since its inception, but digital technology has greatly increased the ease and possibilities of changing digital images. Guidelines like these aid editors in maintaining high standards of truth and accuracy while at the same time utilizing the full potential offered by digital technology.

Appeals Court Rules Ban on Hyperlinks Constitutional

By Elaine Hargrove-Simon

On November 28, 2001, the U.S. Court of Appeals for the Second Circuit unanimously ruled in Universal City Studios v. Corley (273 F.3d 429 (2001)) that an injunction prohibiting web sites from publishing hyperlinks to another site which contains information on how to unlawfully copy DVDs and other digital material is constitutional.

Cameras Banned At Trial of Alleged Terrorist

By Elaine Hargrove-Simon

Even though alleged terrorist Zacarias Moussaoui has himself requested cameras at his conspiracy trial, U.S. District Court Judge Leonie Brinkema (E.D. Va.) on January 18, 2002 denied the motion of the Courtroom Television Network (Court TV) to broadcast the pretrial and trial proceedings. Brinkema cited both federal and local rules (see Federal Rule of Criminal Procedure 53, and Local Rule 83.2 (a)) as grounds for her ruling. Both rules prohibit taking photographs in or transmitting radio and television broadcasts from the federal criminal courtrooms.

The USA PATRIOT Act: How Patriotic Is It?

By Jane E. Kirtley, Silha Professor and Director of the Silha Center

On October 26, 2001, President Bush signed into law the USA PATRIOT Act, a vast and complex statute which grants unprecedented surveillance authority to law enforcement. USA PATRIOT (an acronym for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism") makes significant changes to more than 15 existing federal statutes, expanding the powers of the government to monitor and intercept electronic communications through the use of wiretaps and pen registers, as well as increasing the scope of subpoenas and search warrants while limiting judicial review of them. It also expands surveillance authority under the Foreign Intelligence Surveillance Act ("FISA"), 50 U.S.C. section1861 et seq., which regulates the collection of information within the United States for counterintelligence purposes.

First Amendment scholar, two- time Pulitzer Prize winner, author, and former New York Times columnist Anthony Lewis will deliver the seventeenth Annual Silha Lecture on Tuesday, October 8, 2002. He has entitled his lecture, "Terrorism and Freedom."

By Elaine Hargrove-Simon, Bulletin Editor

On May 7, 2002, the Judicial Conference of the United States, the principal policy-making body for the federal court system, announced the approval of a pilot program that will allow public online access to criminal case files. The announcement marks a reversal of earlier conference policy, which permitted access to many civil and bankruptcy case files online but prohibited electronic access to criminal case laws, citing concerns for the safety of victims, witnesses, and law enforcement personnel. (See "Judicial Conference Casts Vote on Accessibility of Electronic Files," Fall 2001 Bulletin.)

By Elaine Hargrove-Simon, Bulletin Editor

The National Center for State Courts has developed a Model Policy on Public Access to Court Records. The proposed draft provides guidelines that state systems and local courts might use in developing their policies for electronic access to their court records. The policy was prepared on behalf of the Conference of Chief Justices and the Conference of State Court Administrators and is being funded by the State Justice Institute (SJI) and the Government Relations Division of the National Center for State Courts.

Minnesota Governor Signs New Privacy Bill into Law

By Bastiaan Vanacker, Research Assistant

Minnesota Governor Jesse Ventura signed a bill on May 22, 2002 making Minnesota the first state in the nation to give Internet users control over whether or not their service providers can disclose or sell their personal information. Under this bill, which was overwhelmingly approved by the Minnesota Senate and House on May 18, 2002, service providers must inform customers in Minnesota whenever they plan to disclose personal information such as the Web sites they have visited, their home and e-mail addresses, and phone numbers.

Harvard Business Review Faces Ethical Challenges

By Bastiaan Vanacker, Research Assistant

The reputation of the prestigious Harvard Business Review has been tainted by questions of credibility and ethics in the wake of a high profile incident that led to the resignation of the editor, Suzy Wetlaufer. According to newspaper accounts, Wetlaufer had become romantically involved with an interview subject, former General Electric chairman Jack Welch.

By Bastiaan Vanacker, Research Assistant

Japanese journalists are worried that two bills currently being considered by the Japanese Parliament, the Diet, could seriously hamper freedom of the press. The first bill, drafted by the justice ministry, would establish a human rights commission that would deal with "human rights violations." The bill is aimed at curbing excessively intrusive reporting to protect the rights of crime suspects and their victims. The bill defines excessively intrusive reporting as "repeatedly and continuously following and ambushing crime victims and others who refuse to be interviewed." The bill raises concerns that journalists will no longer be able to investigate and report themselves but will have to rely solely on police reports for their coverage of certain news events.

By Bastiaan Vanacker, Research Assistant

Ever since the election that resulted in media mogul Silvio Berlusconi becoming Prime Minister of Italy, questions have been raised about his ever-increasing control over the media. Berlusconi is not only the Italian Premier and the owner of one of Italy's best soccer teams, but his Fininvest group is also the main shareholder in Mediaset, which operates Italy's three biggest private TV stations (Canale 5, Italia 1, Rete 4), totaling 43% of the market share. This fact alone has been one of the most hotly debated topics in Italian politics during the last decade. Since Berlusconi came to power, fears about his media monopoly have grown because as Prime Minister he is also able to influence the three stations of the state-owned public television (RAI) whose three channels take up 47.4% of the market share. Berlusconi had vowed to resolve this apparent conflict of interest in the first one hundred days of his premiership, but he did not do so. He also failed to install a panel of independent advisors to investigate the issue.

Journalism Ethicist Louis W. Hodges Will Retire in 2003

Louis W. Hodges will retire as Knight Chair in the Ethics of Journalism at Washington and Lee University at the end of the 2002-2003 academic year.

By Elaine Hargrove-Simon, Bulletin Editor

On May 2, 2002, investigators from the Los Angeles County District Attorney's office shut down operations at a small newspaper for three hours while they searched files for an invoice for an advertisement that was placed three months earlier. Armed with a search warrant, which enabled them to search "all rooms, safes, locked boxes, desks," the investigators ordered everyone out of the offices of Metropolitan News Company while they searched for records that would reveal the name of the entity that placed the advertisement. The advertisement had given notice of intent to circulate petitions for a recall election in the suburb of South Gate.

By Elaine Hargrove-Simon, Bulletin Editor

In April 2002, the Colorado Supreme Court ruled that The Tattered Cover Bookstore would not be required to hand over information regarding customer purchases to investigators. In March 2000, police and a Drug Task Force agent were observing a trailer home where they suspected a methamphetamine lab was operating. One of the investigators searched through the garbage left outside the trailer for collection and found evidence of the operation of a drug lab as well as an envelope from The Tattered Cover bookstore. The envelope was labeled with the invoice number, order number, and the customer's name, who was one of the residents of the trailer.

By Bastiaan Vanacker, Research Assistant

The University of Minnesota Press has been in the eye of a media storm surrounding its publication of Harmful to Minors: The Perils of Protecting Children from Sex by New York journalist Judith Levine. According to many news sources, the book's central message is that sex is not harmful to minors per se and that traditional sex education programs that focus on sexual abstinence rather than informing young people of all aspects of sexuality do more harm than good.

Supreme Court Strikes Down Virtual Child Pornography Law

By Bastiaan Vanacker, Research Assistant

It is unconstitutional under the First Amendment to ban the production, possession or distribution of virtual child pornography, the Supreme Court ruled on April 16, 2002. Ashcroft v. Free Speech Coalition (122 S.Ct. 1389) challenged the constitutionality of sections 2256(8)B and 2256(8)D of the Child Pornography Prevention Act, passed in 1996. These sections define child pornography as any visual depiction where "such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct" (section2256(8)B) and "such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impressions that the material is or contains a visual depiction of a minor engaging in sexual explicit conduct." (section2256(8)D).

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

Joel Mowbray, a reporter for the National Review, was held for half an hour at the conclusion of a briefing at the State Department in Washington, D.C. on July 12, 2002. Mowbray had written an article critical of the U.S. visa policy in Saudi Arabia, which he speculated may have allowed three of the September 11 terrorists to enter the country. According to a report in the Washington Post, Mowbray also testified before a House Government Reform Subcommittee in June 2002. Those authorities are currently investigating Saudi visa fraud.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

In mid-June, 2002, a Minnesota Court of Appeals panel reversed a lower court ruling that held Maplewood Review reporter Wally Wakefield in contempt for not revealing his sources in a libel suit, releasing Wakefield from contempt charges and a $200 a day fine. (See Winter 2002 Bulletin, "Minnesota Shield Law Facing Test" and Weinberger v. Maplewood Review et al. (2002 Minn. App. LEXIS 711 (Minn. Ct. App. 2002)) Weinberger, a football coach for a local high school, had been fired from his job following accusations of misconduct. Wakefield had covered the story for the Maplewood Review, incorporating statements from unnamed school officials who alleged that Weinberger had intimidated the players. Weinberger sued the school district and four school officials for defamation. Wakefield himself was not sued, but in August 2000, he was subpoenaed to reveal the identities of the confidential sources. Wakefield refused. At a November 2001 hearing, he was found in contempt of court and was fined $200 a day. Wakefield appealed his case to the Minnesota Court of Appeals.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

On July 12, 2002, Federal District Judge T.S. Ellis III refused to quash a subpoena issued to Robert Young Pelton, the CNN reporter who interviewed American Taliban fighter John Walker Lindh. (See U.S. v. Lindh, 2002 U.S. Dist. LEXIS 13233 (D. Va., July 12, 2002)) Four days later, the issue became moot when Lindh pled guilty to two felony charges.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

On July 12, 2002, Federal District Judge T.S. Ellis III refused to quash a subpoena issued to Robert Young Pelton, the CNN reporter who interviewed American Taliban fighter John Walker Lindh. (See U.S. v. Lindh, 2002 U.S. Dist. LEXIS 13233 (D. Va., July 12, 2002)) Four days later, the issue became moot when Lindh pled guilty to two felony charges.

Personal Freedoms at Risk: Homeland Security

By Kirsten Murphy, Silha Fellow

President Bush's proposal for a new cabinet-level Department of Homeland Security contains provisions for a broad FOIA exemption. Under the Bush plan, information voluntarily supplied to the government by private businesses would not be subject to disclosure under the Freedom of Information Act.

By Kirsten Murphy, Silha Fellow

Europol, the police and intelligence arm of the European Union, has proposed a plan that will require member states' telephone operators and Internet Service Providers to retain records regarding telephone and Internet activity for a period of up to five years.

Philadelphia Inquirer Reporters Found in Contempt

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

Four reporters from the Philadelphia Inquirer were found in contempt and sentenced in June 2002 for violating a court order not to "contact or attempt to interview" any member of the jury of the New Jersey murder trial of Rabbi Fred Neulander, who was charged with hiring a hit man to kill his wife, Carol. The trial ended on November 13, 2001 in a mistrial.

Developments in Internet Law: Cybersquatting

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

Cybersquatting is defined in Black's Law Dictionary as "the act of reserving a domain name on the Internet, especially a name that would be associated with a company's trademark." In recent weeks, two men in different parts of the country have been ruled to be cybersquatters. One of them considers it a matter of freedom of speech; for the other, it is a matter of profit. New York resident John Barry has arguably been cybersquatting for profit.

By Kirsten Murphy, Silha Fellow

On July 2, 2002, the New York Court of Appeals, the state's highest court, unanimously decided that Internet publications are subject to the single publication rule, so that each subsequent viewing of an Internet site is not considered to be a republication. The decision, Firth v. State, 2002 N.Y. LEXIS 1901, upheld a Court of Claims decision to grant summary judgment to the State of New York, denying plaintiff George Firth's defamation claim.

By Kirsten Murphy, Silha Fellow

In a reaction to the U.S. Supreme Court's ruling on April 16, 2002 that it is unconstitutional under the First Amendment to ban the production, possession or distribution of computer-generated child pornography (Ashcroft v. Free Speech Coalition, 122 S.Ct. 1389 (2002); see also Spring 2002 Bulletin, "Supreme Court Strikes Down Virtual Child Pornography Law"), the House passed HR 4623, the Child Obscenity and Pornography Prevention Act of 2002, on June 25. The bill amends the 1996 Child Pornography Protection Act (CPPA), 18 U.S.C. section2256.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

A "Declaration of Internet Users' Rights" was published by 18 Chinese dissidents and intellectuals in China on July 29, 2002, according to Agence France-Presse. The declaration calls for the Chinese people to have complete freedom in surfing the Internet. Additionally, the Declaration of Rights states that creators of Web pages must be restricted only with regard to "evident and real" slander, pornography or certain "violent attacks or behavior."

By Kirsten Murphy, Silha Fellow

The Minnesota Supreme Court ruled in July 2002 that statements made by a Minnesota resident in an Internet chat room were not sufficiently directed toward readers in the state of Alabama to require Minnesota to confer "full faith and credit" on an Alabama district court decision finding that the statements were libelous (see Griffis v. Luban, 2002 Minn. LEXIS 461 (Minn. 2002).

By Kirsten Murphy, Silha Fellow

On May 31, 2002, a federal court special panel in Philadelphia ruled that the Children's Internet Protection Act (CIPA) signed by President Clinton in 2000, is unconstitutional and violates the First Amendment. The Act, codified as Pub. L. No. 106-554, required public libraries to implement software that filters sexually explicit content. By July 1, 2002, any library refusing to implement the software would have risked the loss of federal funding.

Freedom of Speech Stifled: Italy

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

Two popular Italian television programs whose anchors have been critical of Prime Minister Silvio Berlusconi were removed from the fall 2002 lineup on state television RAI in late June. Michele Santaro and Enzo Baiagi were accused by Berlusconi of making "criminal use of public television," according to the London Independent. Executives at RAI attributed the cancellation to poor ratings, but members of Berlusconi's opposition believe that the prime minister is trying to silence any opinions critical of his policies. Berlusconi owns three national private television channels, including Mediaset, the largest in Italy. (See Spring 2002 Bulletin, "Italian Prime Minister's Media Holdings Running Risk of Becoming a Monopoly").

Freedom of Speech Stifled: Belarus

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

Two Belarussian journalists, Nikolai Markevich and Pavel Mozheiko, were convicted of libeling Belarussian President Alexander Lukashenko on June 24, 2002, according to the Associated Press. Both men had worked for the Pahonia (Pursuit) newspaper, which had been shut down on November 12, 2001 by order of the Supreme Court of Arbitration.

Freedom of Speech Stifled: Zimbabwe

By Kirsten Murphy, Silha Fellow

Twelve journalists have been arrested in Zimbabwe since the March 15, 2002 passage of repressive new press laws. The Access to Information and Protection of Privacy Act (AIPPA) was passed shortly before the controversial election of Zimbabwean President Robert Mugabe and has been used to intimidate and repress independent journalists in Zimbabwe.

Newspapers Under Siege: Bay Area Newspapers Searched

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

Palo Alto police served several newspapers in the San Francisco Bay area with search warrants during June 2002. The offices of the Daily News, which publishes both the Palo Alto Daily News and the San Mateo Daily News, as well as those of Metro Newspapers, publishers of three Bay area weeklies in San Jose, received search warrants demanding the invoices of customers who purchased advertising space for their massage parlors. According to the Associated Press, some of those customers had been arrested in a May 11, 2002 raid of illegally-operated massage and acupuncture parlors that also served as fronts for prostitution.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

Five of Britain's largest news organizations were served court orders on July 12, 2002, by lawyers from Interbrew SA, a Belgian brewing company, directing them to return original copies of leaked and falsified documents about Interbrew's bid to take over South African Breweries (SAB). The documents, sent to the news organizations by an anonymous source, were allegedly doctored in order to manipulate the price of shares for both Interbrew and SAB. When the news organizations published stories based on the documents last November, it caused Interbrew's shares to decline in value while SAB's rose. Interbrew claims this is a case of insider trading and whoever leaked the information may have profited from the false information.

Boston Newspaper Links to Video of Daniel Pearl

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

In June 2002, alternative newspaper the Boston Phoenix posted a link on its Web site to the unedited video showing the beheading of Wall Street Journal reporter Daniel Pearl by Pakistani terrorists. Phoenix publisher Stephen M. Mindich defended the paper's decision to link to the video, saying, "If there is anything that should galvanize every non-Jew hater in the world - of whatever faith, or of no faith - against the perpetrators and supporters of those who committed this unspeakable murder - it should be the viewing of this video." Mindich went on to question the silence of the U.S. government over the incident.

International Law: New Romanian Press Law Signed

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

On June 10, 2002, Romanian president Ion Iliescu said that he would not sign into law proposed legislation that would have required newspaper editors to publish responses to articles readers found offensive. According to the Associated Press, the law would have forced newspapers to publish responses in the same place as the original article appeared. Non-compliance with the law could have resulted in a fine of up to 100 million lei, or more than $3000. President Iliescu told members of the Romanian Press Club that the measure would be sent back to parliament, a reversal of his earlier position.

By Kirsten Murphy, Silha Fellow

On June 10, 2002, President Vicente Fox fulfilled his campaign promise to promote an open government by signing Mexico's first freedom of information act. The Transparency and Access to Public government Information Act, which was endorsed by all three political parties and approved by both houses of Congress in the 2002 spring session, is designed to "encourage accountability to citizens" and "contribute to the democratization of Mexican society," according to Article 4 of the Act.

Florida Autopsy Records Remain Sealed

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

On July 12, 2002, a three-judge panel of the Florida appeals court affirmed a ruling by Broward County Fla. Circuit Court Judge Leroy H. Moe that autopsy photos are "presumptively private, " upholding a state law sealing autopsy photos passed following the death of NASCAR racer Dale Earnhardt on February 18, 2001. The Florida law prohibits the release of autopsy photos, making release a felony punishable by a $5000 fine and up to five years in prison. (See Summer 2001 Bulletin, " New Florida Law Closes Door on Autopsy Photos.")

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

In a 5 to 1 decision issued June 27, 2002, the U.S. Supreme Court struck down a Minnesota legal ethics code prohibiting candidates for judicial office from announcing their views on "disputed legal or political issues." (See Republican Party v. White, 122 S. Ct. 2528 (2002); see also Minn. Code of Judicial Conduct, Canon 5 (A)(3)(d)(i) (2000)) Known as the "Announce Clause," the prohibition was promulgated by the Minnesota Supreme Court and based on of Canon 7 (B) of the 1972 American Bar Association Model Code of Judicial Conduct. Incumbent judges who violated the restriction were subject to discipline, which could have included removal from office, censure, civil penalties, and suspension without pay. Any lawyer who wished to run for office was also required to comply with the Announce Clause.

By Kirsten Murphy, Silha Fellow

The Family Educational Rights and Privacy Act of 1974 (FERPA) does not create a judicially enforceable individual right to privacy, the U.S. Supreme Court ruled on June 20, 2002. In a 7 to 2 decision, the Court decided that the Act, which is designed to protect the privacy of students' educational records, is not enforceable through the federal civil rights statute 42 U.S.C.S. section 1983.

By Kirsten Murphy, Silha Fellow

The U.S. Supreme Court has struck down a Stratton, Ohio ordinance requiring solicitors to register with the mayor's office and obtain a permit before engaging in door-to-door canvassing. In an 8 to 1 vote, the Court ruled that the ordinance violated the First Amendment as it applies to religious proselytizing, anonymous political speech, and the distribution of handbills.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

Jonathan Randal, who in 1993 wrote a story for the Washington Post containing quotes from an interview with former Bosnian Serb housing minister, Radoslav Brdjanin, was subpoenaed on January 29, 2002 to appear before the International Tribunal for the Former Yugoslavia (ICTY). The tribunal is trying Brdjanin and Momir Talic for their participation in ethnic cleansing during the 1992-1995 war of succession from Yugoslavia.

Should National Security Be Exchanged for Civil Rights?

By Jane E. Kirtley, Director of the Silha Center and Silha Professor

(This essay originally appeared in the Minnesota Daily on Sept. 11, 2002)

Depending on whom you talk to, either everything changed on Sept. 11, 2001, or nothing changed.

SPJ Ethicist Develops Balancing Factors for Journalists

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

Since the September 11 attacks on America, journalists have faced a new set of ethical challenges, arising from concerns about national security, personal safety and tighter restrictions on government and law enforcement information. Peter Sussman, co-author of the original code of ethics for the Society of Professional Journalists (SPJ) (available online at http://www.spj.org/ethics.asp), has developed a program of "balancing factors" to assist journalists in analyzing how they will go about covering the current war on terrorism and the impending war on Iraq.

Silha Lecturer Anthony Lewis Speaks to Packed House

By Anna Nguyen, Silha Research Assistant

Speaking at the 17th Annual Silha Lecture to an overflow audience numbering nearly 350, Anthony Lewis said, "In this democracy, it is the job of all of us to protect our freedoms." Lewis' lecture, entitled "Terrorism and Freedom," was delivered on Oct. 8, 2002 in the Cowles Auditorium of the Minneapolis Campus of the University of Minnesota. Lewis, a former New York Times columnist, has also received two Pulitzer awards and written three books, "Portrait of a Decade," "Gideon's Trumpet" and "Make No Law."

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor
The 2002 Fall Silha Forum on Oct. 16, 2002 featured Professor Stephen J. Cribari, speaking on "Privacy in Cyberspace? Computers, the Internet, and Government Investigations." Held in Jackson Hall on the east bank of the University of Minnesota's Minneapolis campus, the Forum was well-attended by students, faculty, and members of the Twin Cities legal community.

Bush Urges Passage Of Virtual Law on Child Pornography

By Kirsten Murphy, Silha Fellow
In an Oct. 23, 2002 speech on children's online safety, President Bush urged the Senate to join the House in passing a law that would make both virtual and actual images of child pornography illegal. Bush argued that prosecutors need both types of images to be criminalized in order to prosecute producers and distributors of child pornography because virtual child pornography is indistinguishable from images of real children.

Faxing Search Warrants Approved By Eighth Circuit

By Silha Center Staff

A three-judge panel of the United States Court of Appeals for the Eighth Circuit ruled in November 2002 that faxing a search warrant seeking e-mails from Yahoo!'s server was reasonable under the Fourth Amendment, even though no law enforcement official was present at the time the search was conducted. Judge Clarence Beam, who authored United States v. Bach, 2002 U.S. App. LEXIS 23726, found that the Fourth Amendment imposes a flexible "reasonableness" standard on searches. In this case, the appeals court ruled that because no warrant was physically served, no persons or premises were searched in the traditional sense, and Yahoo!'s technicians did not directly confront the individual whose e-mails were seized, the search was constitutional.

By Kirsten Murphy, Silha Fellow

Bob Greene, a nationally syndicated columnist for the Chicago Tribune, tendered his resignation after allegations of past "sexual misconduct" with a 17-year old girl who was also a source. On Sept. 14, 2002, the newspaper accepted Greene's resignation. He had been with the newspaper for 24 years.

By Anna Nguyen, Silha Research Assistant

The shocking video footage of Madelyn Toogood striking her four-year-old daughter Martha in a department store parking lot has sparked a debate about a variety of media ethics issues. The video, taken by store surveillance cameras on Sept. 13, 2002 in Mishawaka, Ind., was released about a week later by police in the hopes that the mother could be found. Toogood turned herself in eight days after the video aired on news broadcasts throughout the world, according to CNN.

By Anna Nguyen, Silha Research Assistant

Americans across the country gave a collective sigh of relief when two alleged snipers were arrested on Oct. 24, 2002 after being spotted asleep in a car at a rest stop near Frederick, Md. According to the Associated Press, John Allen Muhammad, 41, and John Lee Malvo, 17, have been accused of shooting 19 people, killing 13 of them during their three-week shooting spree. Two additional shootings are under investigation.

By Elaine Hargrove-Simon Silha Fellow and Bulletin Editor

Thirty-four newspapers, media advocacy groups and non-governmental organizations filed an amicus brief on Aug. 17, 2002 with the Appeals Chamber in the International Criminal Tribunal for the former Yugoslavia. The brief supported former Washington Post reporter Jonathan Randal who had been subpoenaed to testify before the tribunal about a 1993 interview he conducted with former Bosnian Serb housing minister Radoslav Brdjanin. Brdjanin has been charged with deporting, torturing and murdering Croats and Muslims during the Bosnian War from 1992-95.

By Elaine Hargrove-Simon Silha Fellow and Bulletin Editor

Prompted by concerns that the impending war with Iraq may result in tighter restrictions for journalists trying to cover the conflict, a group of journalists who cover military news have founded a new group, Military Reporters and Editors (MRE). The group shares the acronym of Meals Ready to Eat, the pre-prepared food that soldiers typically carry with them into the field.

By Elaine Hargrove-Simon Silha Fellow and Bulletin Editor

A new press law, adopted September 3, 2002, could allow Togolese courts to jail reporters for publishing false information about the nation's president or other high ranking governmental officials. The law sets jail terms for up to five years for reporters who libel the president, and up to two years for those who libel the prime minister or other senior officials.

By Elaine Hargrove-Simon Silha Fellow and Bulletin Editor

In what it characterized as an effort to fight terrorism, the Russian State Duma (Parliament) passed amendments to Article 4 of the law "On the mass media" and Article 15 on the law of "On fighting terrorism" on Oct. 23, 2002. The amendments would limit news coverage of anti-terrorist operations and would also prohibit the media from carrying rebel statements. The bill passed with a vote of 259 to 34, with two abstentions. To become law, the bill must be passed by the Duma in a third reading, but this step is usually a formality, according to the Associated Press. The final step requires the signature of President Vladimir Putin.

By Kirsten Murphy, Silha Fellow

The Zimbabwe government, under Robert Mugabe's repressive regime, continues to harass and intimidate independent journalists working in Zimbabwe. After Parliament passed the Access to Information and Protection of Privacy Act (AIPPA) on Mar. 15, 2002, which criminalized violation of its provisions and requires journalists to register with the Media and Information Commission (MIC), Zimbabwe's independent media challenged the repressive law. In a hearing before the Supreme Court scheduled for Nov. 21, 2002, on a lawsuit brought by the Independent Journalists Association of Zimbabwe (IJAZ), attorneys will challenge the constitutionality of the power of the MIC to compel journalists to register with the commission. All journalists must register with the MIC by Nov. 21, 2002.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

In a protest against a restrictive new press law, most media outlets in Somalia refused to operate on Oct. 3, 2002. In the capital city of Mogodishu, only one radio station continued to broadcast that day, and no newspapers appeared on the newsstands, according to a report filed by Xinhua News Agency.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

The European Parliament is considering changes to the 1997 European Union Directive on privacy in telecommunications. The changes in the European Union Treaty (article 29, article 34, paragraph 2, point b) would require member nations' telephone carriers, mobile network operators and Internet service providers to store data of their customers' Web use, e-mails and phone calls for up to two years in the event that the information could be helpful in criminal investigations. The changes are being considered in order to standardize the policies regarding the retention of data among European Union member states.

By Anna Nguyen, Silha Research Assistant

A Greek law banning electronic games was declared unconstitutional on Sept. 10, 2002, because it interfered with the player's freedom of expression, Deutsche Presse-Agentur reported. As a result of the anti-gaming law, Greek police had made arrests closing Internet cafés around the country in early September, according to BBC News. New Media Age reported that Greece was the only country to outlaw all forms of computer games. However, online gambling is outlawed in places such as Hong Kong and China.

By Anna Nguyen, Silha Research Assistant

The governments of China and Vietnam continue to censor access to the Internet as more people can connect to it in their homes, Internet cafes or at work. Both governments have blocked sites and arrested those who used the Internet to disseminate information deemed "inappropriate." In Vietnam, the government is sending its citizens mixed signals about Internet usage. While the government improves the infrastructure, it also increases the regulations on content. There are about one million users in Vietnam's population of 69 million. The Chinese government continues to expand its methods of surveillance, discouraging the use of the Internet as a forum for free speech and blocking access to gambling, pornography and "extremist" websites. The Associated Press estimates there are about 45 million regular Internet users in China.

By Anna Nguyen, Silha Research Assistant

The government of Saudi Arabia engages in widespread censorship of the Internet, according to a recent study by the Berkman Center for Internet and Society at Harvard Law School. A 2001 Council of Ministers Resolution declares that "Anything contravening a fundamental principle or legislation, or infringing the sanctity of Islam and its benevolent Shari'ah, or breaching public decency," may not be accessed by Saudi Internet users.

By Kirsten Murphy, Silha Fellow

On Sept. 26, 2002, the Federal Election Commission (FEC) issued regulations implementing the Bipartisan Campaign Reform Act (BCRA), which exempt the Internet from the Act's new rules governing political advertising. The BCRA, commonly referred to as the McCain-Feingold Act, was signed by President Bush on Mar. 27, 2002, and became effective on Nov. 6, 2002, the day after this year's election. The Act prohibits corporations and labor unions from campaigning within 60 days of a general election. Individuals and organizations may continue to campaign during that time period, provided they disclose their expenditures to the FEC.

Colorado Rejects False Light Invasion Of Privacy Tort

By Kirsten Murphy, Silha Fellow

The Colorado Supreme Court has declined to recognize the tort of false light invasion of privacy, ruling that it is substantially duplicates the tort of defamation and threatens to chill freedom of speech. The Sept. 16, 2002 decision, Denver Publishing Company v. Bueno, 54 P.3d 893, 2002 Colo. LEXIS 853, reversed a Court of Appeals decision to recognize a cause of action for "false light" and to uphold a $106,000 judgment.

By Kirsten Murphy, Silha Fellow

South Carolina's federal judges have banned secret settlements, adopting Local Rule 5.03 on Nov. 1, 2002. The ban, which covers all court-sanctioned confidential settlements, is the first of its kind. No other federal judicial district has instituted such a rule.

By Kirsten Murphy, Silha Fellow

The Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) have released guidelines for public access to state court records. Entitled "Developing CCJ/COSCA Guidelines for Public Access to Court Records: A National Project to Assist State Courts" the guidelines are available on the project Web site at www.courtaccess.org/modelpolicy.

By Kirsten Murphy, Silha Fellow

On Nov. 18, 2002, for the first time in its history, the Foreign Intelligence Surveillance Court of Review (FISCOR) decided a case. The court reversed a May 17, 2002 ruling of the Foreign Intelligence Surveillance Court (FISC), which restricted cooperation between federal law enforcement and intelligence agencies in investigations.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

A federal district judge for the District of Columbia has ordered the United States Department of Justice to release the names of over 1000 people detained as a result of the government's investigation into the Sept. 11 terrorist attacks on New York and the nation's capital.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

Reporters sans Frontieres (RSF) and the Committee to Protect Journalists (CPJ) are investigating reports that a Sudanese assistant cameraman was arrested in December 2001at the Afghanistan- Pakistan border. Sami Muheidine Muhamed Al-Haj, an employee of Qatar-based satellite television station Al-Jazeera, had been assigned to cover the U.S. military operation in Afghanistan, according to a story posted on the RSF Web site. No one knew of Al-Haj's whereabouts until his wife received a letter from him in April 2002 saying that he was being held at the Naval base at Guantanamo Bay. The television station claims that Al-Haj had lost his passport in 2000, and that it may have been used fraudulently by others, resulting in a possible case of mistaken identity.

By Kirsten Murphy, Silha Fellow Investigating the state of airport security in the United States after the Sept. 11, 2001 terrorist attacks, reporters from the New York Daily News, ABC News and CBS News have smuggled various potentially dangerous weapons and materials through U.S. security check points. These investigations have succeeded in exposing weaknesses in security and in aggravating U.S. officials.

By Kirsten Murphy, Silha Fellow

Governments around the world have restricted privacy and increased surveillance in response to the terrorist attacks of September 11, according to a report released by Privacy Internaional and the Electronic Privacy Information Center (EPIC). The 393-page annual report covers 50 nations and is the first survey of the changes to worldwide privacy rights since the September 11 attacks.

By Kirsten Murphy, Silha Fellow

The Sixth and Third Circuits have split on whether it is constitutional for immigration judges to automatically close "special interest" deportation hearings. On Aug. 26, 2002, the Sixth Circuit Court of Appeals ruled, in Detroit Free Press v. Ashcroft, 303 F. 3d 681 (6th Cir. 2002), that closed deportation hearings violate the First Amendment presumption of public access to judicial proceedings. One month later, in North Jersey Media Group v. Ashcroft, 308 F.3d 198 (3rd Cir. 2002), the Third Circuit decided the issue in favor of the government, distinguishing immigration proceedings as "administrative," and therefore not subject to the First Amendment presumption of access.

2003 Silha Center Spring Ethics Forum

Since the September 11 attacks, journalists face new ethical challenges. Concerns about national security, personal safety and tighter restrictions on government and law enforcement information have prompted some reporters to ask how they can do their jobs and still be good citizens.

International Journalists Face Danger, Censorship

By Kirsten Murphy, Silha Fellow, and Anna Nguyen, Silha Research Assistant

Reporters sans Frontiers (RSF), or Reporters Without Borders, a media advocacy group based in Paris, France, has released its annual report on worldwide freedom of the press. According to the report, 25 journalists were killed in 2002, down from 31 in 2001. Arrests of journalists increased from 489 to 692, and cases of censorship increased from 378 to 389 in 2002. The group reports that 1,420 reporters were physically attacked or threatened last year and 118 journalists are in prison as of the end of 2002. According to the report, China, Turkey, Iran, Russia, Colombia and Saudi Arabia are among the worst offenders.

Can Press Releases Be Considered Commercial Speech?

By Kirsten Murphy, Silha Fellow

On Jan. 10, 2003, the U.S. Supreme Court agreed to review a controversial California Supreme Court decision, Nike, Inc. v. Kasky, No. 02-575, involving the shoemaker Nike and a California activist. The Supreme Court of California ruled on May 2, 2002, in Kasky v. Nike, 45 P. 3d 243 (Cal. 2002) that Nike's statements regarding its overseas labor practices constituted commercial speech. Because Nike's speech was found to be commercial, and therefore entitled to less First Amendment protection, the California court ruled that a claim against Nike for violation of California unfair trade practice and false advertising laws could go forward. If the U.S. Supreme Court upholds the decision, corporations like Nike that sell products in California could be held liable under the California laws for statements considered commercial speech.

Two Newspapers Lose In Satire, Parody Cases

By Anna Nguyen, Silha Research Assistant

A Texas appeals court has ruled again that the First Amendment does not protect a weekly newspaper's satirical piece. The 2nd Court of Appeals in Fort Worth, Texas on Nov. 21, 2002 rejected the Dallas Observer's request to throw out a libel lawsuit filed by two Denton County officials in New Times, Inc v. Isaacks, 91 S.W. 3d 844 (Tex. Ct. App. 2002).

Sex Offender Registration Ruled Not Punitive

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

Two separate cases, handed down the same day by the U.S. Supreme Court, both ruled that registration of convicted sex offenders in a publicly-accessible database that collected certain personal information about them did not constitute a punitive measure. The cases, Smith v. Doe, 123 S. Ct. 1140 (2003) and Connecticut Department of Public Safety v. Doe, 123 S.Ct. 1160 (2003), were argued on Nov. 12, 2002 and decided on March 5, 2003.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

In a per curiam decision, a three-judge panel of the U.S. Court of Appeals (8th Cir.) found no error in a District Court's ruling in a case involving the seizure of a journalists' videotape of a farewell banquet for city council members. (See Berglund v. City of Maplewood and Zick v. City of Maplewood, 500 Fed. Appx. 805 (2002)). The two cases were appealed separately but were consolidated for consideration by the appeals court.

By Kirsten Murphy, Silha Fellow

On Jan. 16, 2003 a three-judge panel of the U.S. Circuit Court of Appeals (4th Circuit) held in Rossignol v. Voorhaar, 316 F.3d 516 (4th Cir. 2003), that local law enforcement officials in Maryland may be sued for violating the First Amendment rights of a St. Mary's County, Md. newspaper by purchasing large quantities of the paper with the intent of squelching critical commentary.

By Kirsten Murphy, Silha Fellow and Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

ABC News has started reviewing cases for a Colorado version of "State v.," a national television program that offers a behind-the-scenes look at a criminal trial from the prosecution and defense preparation work through the verdict.

By Kirsten Murphy, Silha Fellow

In a unanimous ruling on Nov. 15, 2002, the Utah Supreme Court struck down the state's 1876 criminal libel statute. The case, I.M.L. v. Utah, 2002 UT 110, arose when a 16-year-old in Milford, Utah posted defamatory statements on the Internet.

By Anna Nguyen, Silha Research Assistant

The U.S. Court of Appeals (4th Cir.) in Richmond, Va. decided on Dec. 13, 2002, that a Virginia prison warden may not bring a libel suit in Virginia over articles appearing on the Web sites of two Connecticut newspapers.

By Kirsten Murphy, Silha Fellow

The High Court of Australia, that country's highest court, unanimously dismissed an appeal by Dow Jones on Dec. 10, 2002, seeking to stop the progress of a defamation suit by Australian mining magnate Joseph Gutnick. The decision in Dow Jones & Company Inc. v. Gutnick (2002) HCA 56 means that Gutnick can sue New York-based Dow Jones in his home state of Victoria, Australia. The High Court ruled that the Internet story was published where it was read, but did not address the merits of the libel case. A copy of the case is available online at http://www.austlii.edu.au/au/cases/cth/high_ct/2002/56.html.

By Kirsten Murphy, Silha Fellow

Congress sought to extend the term of copyrights in 1998, by passing the Copyright Term Extension Act (CTEA), also known as the Sonny Bono Copyright Term Extension Act. On Jan. 15, 2003, in Eldred v. Ashcroft, 123 S.Ct. 769 (2003), the Supreme Court upheld the constitutionality of the Act. As a result, film classics such as "Snow White," "The Wizard of Oz" and "Gone with the Wind" will not pass into the public domain.

Recent Developments in Copyright Law: DeCSS Update

By Kirsten Murphy, Silha Fellow

New technology that makes it possible to crack the codes used by Hollywood to protect its copyrights has led to the battle of the entertainment industry versus so-called "hackers" and smaller computer software companies. In a frenzy to block the spread of decryption codes that threaten to gouge profits from the sales of DVDs, attorneys for the industry have aggressively sought to prevent the spread of a technology called DeCSS (DeContent Scrambling System).

By Kirsten Murphy, Silha Fellow

On Jan. 21, 2003, a federal District Judge for the District of Columbia ordered Verizon Internet Services (Verizon), an Internet Service Provider (ISP), to reveal the identity of a subscriber suspected of illegally downloading over 600 music recordings in a single day.

By Kirsten Murphy, Silha Fellow

On Jan. 6, 2003, Chief Judge Robert M. Bell of the Maryland Court of Appeals named himself and Judges Lynne A. Battaglia and Alan M. Wilner as the members of a small panel to review and make suggestions to the full court regarding possible changes to the current policies on electronic access to court records, based on recommendations from a previous committee. The crux of the debate in Maryland is whether and how to provide equal public access to paper and electronic documents. The issue first arose in March 2000, when Bell appointed an ad hoc committee to study and develop a draft policy on access to court records. The committee's recommendations, which sharply restricted access to electronic documents, were aired at a public meeting on Dec. 13, 2000. Those recommendations were attacked by members of the business community and by the media.

By Anna Nguyen, Silha Research Assistant

William Purdy, an anti-abortion activist who initially said he would run the risk of going to jail rather than give up Web site domain names that included such well-known corporate trademarks as The Washington Post, McDonald's, Pepsi and Coca-Cola, did not go to jail on Feb. 5, 2003, but was instead held in contempt of a court order issued by federal District Court Judge Ann Montgomery. He was further ordered to pay $500 a day until he complied with her order.

By Anna Nguyen, Silha Research Assistant

The Council of Europe adopted a measure in November 2002 criminalizing Internet hate speech, including hyperlinks to pages that contain offensive con tent. Quoting a press release from the Council of Europe Spokesperson and Press Division dated July 11, 2002, the new measure is meant to "harmonise [sic] substantive criminal law" against racism, while improving international cooperation following the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms in 1950.

By Anna Nguyen, Silha Research Assistant

Publisher of Online Democracy Journal Detained in China; Chinese Student Arrested for Critical Essays Online The Nando Times reported on Dec. 19, 2002, that Li Yibin, the publisher of an online Chinese pro-democracy journal, had been detained by police, adding to the growing number of arrests of dissident Web site creators in China. The New York Times reported that Amnesty International recently said at least 33 people have been detained by the Chinese government on similar charges.

By Anna Nguyen, Silha Research Assistant

The Washington Post reported on Dec. 20, 2002, that North Rhine-Westphalia, Germany's most populous state, has required Internet Service Providers (ISPs) to block two U.S.-based neo-Nazi Web sites. The order follows a lengthy legal battle between the North Rhine-Westphalia government and 18 ISPs in the state, which claimed that they could not be held responsible for the sites' content, according to the Associated Press. Instead, the courts ruled in favor of the government order, maintaining that the ruling does not impinge on the ISPs' rights.

Cloning Announcement Spawns Ethical Debate

Special to the Bulletin: Guest Ethicist Gary Schwitzer

News coverage of the Dec. 27, 2002 announcement by the Clonaid company that a cloned human baby had been born raises important ethical questions.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

Jonathan Clay Randel [not to be confused with the former Washington Post reporter Jonathan Randal, see "Qualified Privilege for War Correspondents Recognized by ICTY" on page 11 of this issue of the Silha Bulletin], an intelligence analyst employed by the Drug Enforcement Administration (DEA), was sentenced to a year in federal prison and three years supervised release for leaking U.S. government information to the Times of London from February 1999 until September 1999. Randel pleaded guilty to the charges on June 4, 2002, and was sentenced on Jan. 9, 2003 in the federal District Court in Atlanta.

By Kirsten Murphy, Silha Fellow and Elaine Hargrove-Simon, Silha Fellow
and Bulletin editor

A three-judge panel of the U.S. Court of Appeals (D.C. Cir.) ruled on March 11, 2003 that suspected Taliban and al-Qaida fighters now held and interrogated at Guantanamo Bay in Cuba have no right to hearings in U.S. courts to challenge their detention. (See Al Odah v. United States, 2003 U.S. App. Lexis 4250 (D.C. Cir. 2003)).

By Kirsten Murphy, Silha Fellow and Elaine Hargrove-Simon, Silha Fellow and Bulletin editor

The Homeland Security Act On Nov. 19, 2002, Congress passed the Homeland Security Act, H.R. 5005, signed by President Bush on Nov. 25, 2002. (Text of the Act is available online at http://www.dhs.gov/interweb/assetlibrary/ hr_5005_enr.pdf.) The legislation creates the Department of Homeland Security (DHS), a new Cabinet-level Agency, in response to the Sept. 11, 2001 terrorist attacks. Several agency components will be folded into the DHS, including the Immigration and Naturalization Service, the Coast Guard and the Border Patrol. The reorganization is the largest in the federal government since the creation of the Defense Department in 1947. Critics of the Act object to provisions that allow the DHS to act in secrecy. For example, the DHS will be exempt from several openness requirements of the Federal Advisory Committee Act.

The Media in Iraq: New Media Outlets Growing in Iraq

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

Although the war with tanks and planes may have ended in Iraq, another
war continues. But rather than being fought with bombs and gunfire, this
war is a war of ideas, and will be fought over Iraqi airwaves.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

In the weeks since the fall of Hussein's regime, the media in Iraq have experienced phenomenal growth. L. Paul Bremer III, U.S. Civil Administrator for Iraq, told the Washington Post, "There's been a welcome explosion of new media in this country . . . 15 new newspapers in Baghdad alone in the last couple of weeks." According to the Washington Post, the number of publications in Baghdad alone has reached 70. All of the newspapers advocate an independent Iraq, and most seem to favor democratic-style reforms. A report by the BBC noted that many publications are affiliated
with political parties.

The Media in Iraq: Al-Jazeera Television

By Kirsten Murphy, Silha Fellow

Established in 1996, with financing from the emir of Qatar, Al-Jazeera is the only independent broadcasting organization in the Arab states and is watched by 35 million people in the Arab world. The satellite station has a total of 65 million viewers worldwide. But critics have accused the station of being everything from anti-American to anti-Arab to pro-Osama Bin Laden.

Journalists Who Lost Their Lives in the War with Iraq

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

Fifteen journalists have died in the war with Iraq. Five of them died
as a result of friendly fire from Coalition forces; four died in car accidents;
two were victims of enemy fire; one died after stepping on a landmine;
one died in a suicide bombing; one died from a pulmonary embolism; and
one died under accidental circumstances.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

On May 27, 2003, the United States Supreme Court decided it would not
review the constitutionality of closed deportation hearings despite a
split decision in the Sixth and Third Circuit Courts. (See "Sixth,
Third Circuit Courts Split on Deportation Hearings Question
"
in the Fall 2002 issue of the Silha Bulletin.)

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

Nineteen-year-old army supply clerk of Pfc. Jessica Lynch was captured in southern Iraq on March 23, 2003, when her convoy made a wrong turn and was ambushed. Nine members of 507th Maintenance Company were killed and five were captured. Lynch reportedly "fought to the death" in order to avoid capture, suffering multiple gunshot and stab wounds. Nevertheless, she was caught and taken to Nasiriyah General Hospital where her captors allegedly used force to interrogate her. Eight days later, tipped off to her location by an Iraqi lawyer who risked his life to pass the information on to U.S. forces, Army Rangers, Marine commandos and Navy SEALs descended on the hospital just after midnight. Lynch was scooped from her hospital bed and whisked to the safety of an American hospital in Germany.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

On April 8, 2003, a M1A1 Abrams tank from the 4th Battalion 64th Armor
Regiment fired at what was believed to be an enemy lookout in the Palestine
Hotel in Baghdad where a number of Western journalists were staying. As
a result, two journalists, José Couso, a cameraman with the Telecinco
channel in Madrid, and Taras Protsyuk, a cameraman from Ukraine, were
killed in the incident. (See "Journalists Who Lost Their Lives" in this
issue of the Silha Bulletin.)

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

Foreign Journalists Claim Mistreatment by Coalition Forces

Experts Assess Media's Coverage Of the War in Iraq

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor
Before the war with Iraq officially began, journalism school deans, professors,
independent editors, journalists and authors sent an open letter to major
media editors, publishers, producers and reporters. Signers included retired
New York Times columnist Tom Wicker; former New York Times
reporter William Serrin; Ben Bagdikian, the former dean of the Graduate
School of Journalism at the University of California at Berkeley; professor
of communication at the University of Illinois at Urbana Robert McChesney;
and authors Studs Terkel and Gore Vidal.

By Anna Nguyen, Silha Research Assistant

CNN footage on April 13, 2003 showed CNN correspondent Brent Sandler and a CNN convoy of SUVs, complete with its own armed guard, approaching Tikrit, Iraq, intending to cover the ef- fects of war in that city. After assessing the damage outside the city, the convoy was stopped at a checkpoint by a group of suspected Saddam Hussein loyalists.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

Journalist fired for participating in war protest

San Francisco Chronicle reporter Henry Norr was arrested the day
after the war began, on March 20, 2003, at a war protest in San Francisco.
He was one of approximately 1,400 protesters at the event. Along with
his wife and daughter, Norr was charged with being a pedestrian in the
road and blocking traffic, according to the Boston Globe.

By Anna Nguyen, Silha Research Assistant

In March and April 2003, Clear Channel Worldwide Inc.'s radio stations
in several U.S. cities sponsored major "Rally For America" events in support
of the military and war in Iraq. The stations paid for advertising and
hiring musicians for the rallies, the Guardian of London reported
on March 26.

By Anna Nguyen, Silha Research Assistant

An editor's note in the Los Angeles Times on April 2, 2003, revealed
the newspaper had published an altered front page news photograph in violation
of its own policy. The photograph, published on March 31, 2003, showed
a British soldier directing Iraqi civilians to take cover from Iraqi fire
on the outskirts of Basra. The headline beneath the photo read, "In Basra,
Panic as a Tactic of War." The published photo was a composite of two
separate images he had taken.

By Kirsten Murphy, Silha Fellow

Media coverage of violent crimes, war, and catastrophes often involves
decisions regrarding whether or not to show images of the victims. The
war in Iraq has revived an old media ethics question: should media organizations
show images of the war dead, such as the tape made by the Iraqi government
showing killed and captured American soldiers?

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

Sanjay Gupta, a medical correspondent with CNN, made headlines in early
April when he operated on a wounded two-year-old Iraqi boy. Gupta, who
is also a practicing neurosurgeon at Emory University in Atlanta, was
accompanying the U.S. Navy's "Devil Docs" unit, a mobile operating room
working near the front lines.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

Philip Smucker

The first reporter to be expelled from Iraq by the U.S. military for revealing
military secrets was Christian Science Monitor reporter Philip
Smucker. According to the Associated Press, Smucker revealed the location
of a Marine unit during a television interview on March 26, 2003 with
CNN. The Los Angeles Times reported that Smucker also revealed
similar information during an interview with National Public Radio. A
freelance journalist, Smucker worked not only for the Monitor but
also the Daily Telegraph in London. He was traveling with the First
Marine Division, but was not officially embedded with the unit.

By Elaine Hargrove-Simon, Silha Fellow and Bulletin Editor

While the war with Iraq was still being fought, CNN's chief news executive
Eason Jordan published an op-ed column entitled, "The News We Kept to
Ourselves" in the New York Times. In his April 11, 2003 column,
Jordan made the startling confession that he was "distressed" by things
he saw and heard during visits to Baghdad in the past 12 years, but in
certain cases elected not to report them. Reporting such events, he wrote,
"would have jeopardized the lives of Iraqis, particularly those on our
Baghdad staff."

By Kirsten Murphy, Silha Fellow

The war in Iraq presented novel challenges to reporters working in the
region. With the war came the Pentagon's offer to U.S. and international
news organizations to "embed" reporters and photographers with U.S. military
units in and around the battlefields in Iraq. Over 600 journalists participated
in the embedding program.

By Anna Nguyen, Silha Research Assistant

Members of the Twin Cities' media and law communities, as well as students and members of the University of Minnesota faculty, grappled with media ethics during wartime at the Silha Center's 2003 Spring Forum on April 14, 2003. Focusing on the changes in media ethics since Sept. 11, 2001, discussion topics ranged from the Boston Phoenix's decision to
make a videotape of journalist Daniel Pearl's execution available online to the Bush administration's embedding policy for journalists covering the war in Iraq.

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