"The future has an ancient heart." ~ Carlo Levi


"Big Brother" issues
Jeffrey Bezos of Amazon apologized for remotely deleting digital editions of George Orwell's 1984 from customers' Kindle reading devices after a copyright dispute, writes Brad Stone in Amazon Faces a Fight Over Its E-Books (NY Times 7-26-09)


Stone quotes some critics on the advantages of such "tethered systems"--for example, for restoring content customers inadvertently lose, or for helping companies enforce copyright laws. "But critics say that any device capable of interfering with how its owner uses media is potentially dangerous. 'I worry that systems like these tethered appliances are gifts to regulators,' said Jonathan Zittrain, a professor at Harvard Law School and author of the book, The Future of the Internet — and How to Stop It. Mr. Zittrain predicts that governments in some parts of the world will want to use it 'like a line item veto for content,' removing objectionable sentences or chapters in some books."



“In a room where people unanimously maintain a conspiracy of silence, one word of truth sounds like a pistol shot."
~ Czeslaw Milosz

If I am not for myself, then who will be for me? And if I am only for myself, then what am I? And if not now, when?
~ Rabbi Hillel

"I believe that man will not merely endure: he will prevail. He is immortal, not because he alone among creatures has an inexhaustible voice, but because he has a soul, a spirit capable of compassion and sacrifice and endurance. The poet's, the writer's, duty is to write about these things. It is his privilege to help man endure by lifting his heart, by reminding him of the courage and honor and hope and pride and compassion and pity and sacrifice which have been the glory of his past. The poet's voice need not merely be the record of man, it can be one of the props, the pillars to help him endure and prevail."
~ from William Faulkner's banquet speech, on receiving the 1949 Nobel Award for Literature

"We are all in the gutter, but some of us are looking at the stars."
~Oscar Wilde

Believe those who are seeking the truth; doubt those who find it.
~ Andre Gide

Quick Links

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Ethics, libel, freedom of the press


Academic community fears chilling effect of honoring subpoenas for sealed oral history transcripts
BC should abide by subpoena, provide info in murder case (Editorial, Boston Globe 8-1-11). "BOSTON COLLEGE is justifiably proud of its relationship with Ireland and its role in helping to shepherd the Good Friday Agreement of 1998. Those close ties are one reason the college has been waging a court battle against a US government subpoena, requested by British authorities, which seeks testimony from a sealed oral history project about the war in Northern Ireland. Boston College’s concerns are valid, but the interests of justice and diplomacy outweigh any claim for special protection. The promise that was made to participants in the oral history project - that their testimony wouldn’t be released until they died - must be rescinded in light of a murder investigation."
College Fights Subpoena of Interviews Tied to I.R.A. (Katie Zezima, NY Times, 6-9-11). "Boston College filed a motion this week to quash a federal subpoena seeking access to confidential interviews of paramilitary fighters for the Provisional Irish Republican Army."
US college requests quashing of oral history subpoenas (Kevin Cullen, Irish Times 6-11-11). "In A case being watched closely by academics around the world, Boston College has asked a judge to quash subpoenas demanding it turn over to British authorities records from an oral history project involving republican and loyalist paramilitaries in Northern Ireland. In papers filed in court in Boston, the college said releasing audio tapes and other materials connected to the confidential interviews could jeopardise the safety of former paramilitaries who were interviewed, the two former paramilitaries who conducted the interviews, and college staff involved in an oral history known as the 'Belfast Project'.”
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Argo Publiabiity insurance. Media liability insurance available to publishers and authors. This is not a recommendation (I haven't used them) but getting the name of a lawyer for liability insurance for an author is not easy! Let me know if there are others you've used and been satisfied with.

Banned books. See Censorship, Banned Books, and Freedom of Expression, below.


NOAA administrator Jane Lubchenco explicitly tells NOAA scientists that they are free to speak to the public, including the media, without permission from anyone at the National Oceanic and Atmospheric Administration (that is, without being "handled" and censored).
Federal Agency Encourages Its Scientists to Speak Out (Mark Fischetti, Scientific American blog, 12-8-11, on NOAA's policy of promoting open science)
NOAA statement on NOAA scientific integrity commons
NOAA FAQs on its scientific integrity policy
NOAA state of the science fact sheets

Example:
Public Communications and the Media
May I take phone calls from media and give interviews?
Yes. There are no exceptions here. However, you are not required to give media interviews. You can always refer media to your public affairs officer. Similarly, you should always feel free to consult with your public affairs officer prior to an interview and/​or include them in the interview.

What should I do if I am asked to give an interview?
You are not required to do anything. However, good practice suggests you should notify your public affairs officer and/​or the head of your operating unit prior to or just after you give an interview. Why? Common courtesy. You wouldn't want somebody surprising you with detailed questions about your work, and your managers are no different. Nobody enjoys being made to look foolish or uninformed in public. If you don't tell your managers you said something, it is possible they could be called out and made to look bad. Situational awareness is not a requirement, but it can be a good thing. Use your best judgment.
[Thanks to Andrew Holtz for drawing journalists' attention to this. HHS should be following a similar policy.]
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Bias in journalism vs. political correctness. Juan Williams Fired For Admitting He Is Afraid of Flying Muslims (Riley Waggaman, Wonkette, 10-21-10) and In wake of NPR controversy, Fox News gives Juan Williams an expanded role (Matea Gold, in Los Angeles Times, 10-21-10)

Blogging, digital journalism, and the law


A Citizen's Guide to Reporting on #OccupyWallStreet (Citizen Media Law Project)
U.S. court rules Oregon blogger not a journalist (Summer Harlow, Knight Center for Journalism in the Americas 12-7-11).
Judge: Blogger not a reporter, must turn over information (Steve Schmadeke, Chicago Tribune 1-13-02)
No, the Sky is Not Falling: Explaining that Decision in Oregon Eric P. Robinson (Citizen Media Law Project 12-12-11)
Blogger jailed in Anna Nicole Smith defamation suit (Kate Murphy, AFP--noting that in court a blogger is a publisher, not a writer)
Blogging Between the Lines (Dana Hull, American Journalism Review, December 2006). "The mainstream media have fallen in love with blogs, launching them on everything from politics to life in Las Vegas to bowling. But does the inherent tension between the blogosphere’s anything-goes ethos and the standards of traditional journalism mean this relationship is doomed?"

Digital Journalist's Legal Guide (Reporters Committee for Freedom of the Press). for anyone disseminating news online, from an independent blogger to a reporter for a major media outlet, as well as media lawyers. Topic areas (from from RCFP press release) include:
* Gathering News and Information (e.g., rules for open records and meetings, access to courts, and newsgathering right of access to events/​places)
* Protecting and Defending Your Work (e.g., what to do to protect sources and fight subpoenas, steps to take if there’s a threat or actual lawsuit libel, and how to handle invasion of privacy concerns)
* Knowing Legal Restrictions (e.g., understanding basic Internet regulation and how to protect a domain name, and copyright and trademark law covering both original work and “fair use” of other materials).
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Censorship, Banned Books, and Freedom of Expression


"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."--First Amendment, one of ten amendments to the U.S. Constitution that constitute the Bill of Rights
Still more City Paper content censored (Fern Shen, Baltimore Brew, 3-1-14). An advertiser pressures withdrawal of a fairly withering review, eliciting outrage and probably wider readership of the story than there might have been without censorship. Here's the review.
A familiar Russian playbook (Fred Hiatt, Washington Pot, 6-29-14)." In fall 1958, when Russian author Boris Pasternak was awarded the Nobel Prize for Literature, the Soviet regime unleashed a campaign of vilification against their native son so brutal that it drove the author, then 68, to contemplate suicide. Pasternak’s crime was to have written a novel, “Dr. Zhivago,” that did not glorify the Bolshevik Revolution — and to allow the book to be published abroad when Communist authorities banned it at home." See what both sides in the Cold War did in The Zhivago Affair: The Kremlin, the CIA, and the Battle Over a Forbidden Book . See Alan Furst's review "Finnn and Couvée have taken a complex and difficult history with many moving parts and turned it into a kind of intellectual thriller."
Comic Book Legal Defense Fund (CBLDF) . See its case files.
First Amendment Center (many articles and other resources on censorship and free speech)
First Amendment Coalition (FAC), originally California First Amendment Coalition (and California-focused), an independent, nonpartisan, nonprofit organization whose purpose is to "promote and defend the people's right to know"--that is, our freedom of information (to find out) and freedom of expression. (to speak out) about matters of public interest.
Free Expression Network (FEN, a project of the National Coalition Against Censorship, an alliance of organizations dedicated to defending the right to free expression)
List of members of the Free Expression Network
Organizations that promote 'freedom of thought, inquiry and expression and opposing censorship in all its forms" (National Coalition Against Censorship, NCAC)
Index on Censorship (U.K.)
National Freedom of Information Coalition (NFOIC), about the Freedom of Information Act (FOIA), state FOI and open government issues.
Campaign for Core Freedoms (PEN American Center)
Katherine Anne Porter Award for First Amendment Defender (new $10,000 award from PEN American Center)
PEN/​Barbara Goldsmith Freedom to Write Award (projects to further their work against censorship or to writers who have been in dire financial straits as a result of political persecution, often consisting of imprisonment)
The Freedom to Read Statement (American Library Association)
Citizen Media Law Project blog
Free speech blog (Index on Censorship). Check out its blog roll.
Katherine Paterson: The Risks of Great Literature . The celebrated and banned children’s book author speaks with us about the fears of censors, the deaths of children, and what we need to risk for literature. (Guernica)
French Censorship: Copyright Laws, "Private Life," and Biography (Hazel Rowley, The American Scholar, Winter 2009). Fascinating.
Internet black holes: where storytelling waits (13 countries where Internet access is restricted through censorship), map from Reporters Sans Frontieres, as posted on "Write now is good"
Global Campaign Against Impunity. The countries with the highest rates of murder of journalists (censorship by murder): Russia and the Philippines (Committee to Protect Journalists)
Diario de Juarez editorial, in translation (LA Times, 9-24-10, a front-page editorial published by the main newspaper in Ciudad Juarez, publicly offers to the Juarez drug gangs what news organizations across Mexico practice widely for their survival: self-censorship in exchange for no more assassinations of journalists.
Internet Filtering: Beware the Cybercensors (Barbara Miner, Rethinking Schools, compares blocking software to the banning of books from libraries). Partial article for nonmembers.
Freedom of the press

Banned Books, Lists of

15 Books Banned For The Most Absurd Reasons Ever (BuzzFeed). Can you guess which book was banned for depicting women in strong leadership roles? Hint: it’s a children’s book.
Frequently challenged books of the 21st century (Banned Books, American Library Association)
Banned and Challenged Books (American Library Association)
Top 10 Banned Books and Their Reason for Being Banned (About.com)
50 Most Frequently Banned Books (Jason Chervokas and Tom Watson, Cybertimes, 8-22-97)
Top 10 Banned Books of All Time (Shortlist)
Banned Books Week. Sponsored by the American Library Association (ALA), this annual event, held the last week of September, celebrates the freedom to read and the importance of the First Amendment.
I Read My 5-Year-Old Banned Books & You Should, Too (Lisa Catherine Harper, HuffPost 9-29-11)
• Banned or "warned about" books: Anderson's 'Speak' Under Attack Again. Rocco Staino, in School Library Journal (9-23-10), interviews Laurie Halse Anderson about strong reaction to Wesley Scroggins' op ed piece in Missouri's News Leader, cautioning parents against the "soft porn" of Anderson's "filthy" novel, Speak, about a teenager who chooses not to speak rather than give voice to what really happened: rape. Other books Scroggins warns parents about: Slaughterhouse-Five by Kurt Vonnegut and Twenty Boy Summer by Sarah Ockler. Anderson says that thousands of readers have written to say that Speak "made them feel less alone and gave them the strength to speak up about being sexually assaulted and other painful secrets."

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Freedom of the Press


vs. escalating press office censorship in federal government
"If the press didn't tell you, who would?" (an old SPJ slogan)

Talk to the Hand (Jenni Bergal, Nieman Reports, Spring 2014). Public health reporters say federal agencies are restricting access and information, limiting their ability to cover crucial health issues. Transparency crucial for reporting on health stories.
When Censorship Becomes a Cultural Norm (Kathryn Foxhall, Editor & Publisher, 5-16-14)
A lesson for the White House in anonymous sources (Ruth Marcus, Washington Post 7-22-14) "The White House equates anonymous sources (except their own, of course) with cowardice. The media equate them with truth-telling, or at least a closer approximation of the truth than they are able to get from on-the-record aides spouting the official line."
2013 World Press Freedom Index: Dashed hopes after spring (Reporters Without Borders)
Freedom of the press worldwide 2013 (map- -how is your government doing?)
Freedom of the press worldwide, 2013, full report from Reporters Without Borders
Digital Journalist's Legal Guide (Reporters Committee for Freedom of the Press). for anyone disseminating news online, from an independent blogger to a reporter for a major media outlet, as well as media lawyers.
First Amendment Handbook (Reporters Committee for Freedom of the Press)
Freedom House, among other things, publishes results of annual surveys ranking countries in terms of freedom and freedom of the press. Many excellent resources, including country rankings and maps.
U.S. government secrecy making historical research difficult (James McGrath Morris, Aljazeera America, 10-23-13). By redacting all documents, no matter how benign, the government is throwing its past down the memory hole....It will not be long before the government will include all of its historical past among its secrecy prerogatives."
Center sues in an effort to make Medicare Advantage files public (Fred Schulte, Center for Public Integrity, 5-27-14) Freedom of Information Act suit targets government oversight of health care program and HHS's failure to respond to requests for information.
• Freedom of information in UK: Open Secrets (Martin Rosenbaum's blog for BBC News)
National Freedom of Information Coalition (NFOIC), protecting your right to open government
Sunshine Laws (U.S. open meeting laws, often referred to as “sunshine laws,” requiring agency officials to hold certain meetings in public) "These laws do not necessarily ensure that members of the public will be allowed to address the agency, but they do guarantee that the public and the media can attend the meetings."
Sunshine Week. NPC, SPJ and the Education Writers Association presented two surveys on press office interference, which show that the problem is pervasive. Most reporters said they felt the public is not getting the information it needs because of the barriers.
Government Public Affairs Offices: More Hindrance Than Help? (C-Span records panel of journalists and former govt affairs officers talking about transparency and the role of government public affairs officers, 8-12-13)
Stonewalling by government PIOs is one problem reporters face; some are responding to it by writing about it.
Examples of interference with reporting (Kathryn Foxhall, 7-7-14)
Resources on obstruction of reporting by public affairs offices (Kathryn Foxhall, 7-7-14)
Mediated Access: Public Information Officers’ Perceptions of Media Control (PDF, Carolyn S. Carson and Roberta Jackson, NAGC 3-11-13)
VA Honesty Project (House Committee on Veterans' Affairs, highlighting the Department of Veterans Affairs’ lack of transparency with the press and the public about its operations and activities)
Sunshine Week website (Open government is good government) Sunshine Week is a national initiative to promote a dialogue about the importance of open government and freedom of information. Participants include news media, civic groups, libraries, nonprofits, schools and others interested in the public’s right to know.
Sunshine Week (SPJ)
Mediated Access: Local Reporters’ Perceptions of Public
Information Officers’ Media Control Efforts
(PDF, Carolyn S. Carlson & Megan Roy, SPJ report, 2014)
Mediated Access: Education Writers’ Perceptions of Public Information Officers’ Media Control Efforts (Carolyn S. Carlson & Megan Roy, SPJ report, 2014)

Tape recording laws at a glance (U.S., state by state)
First Amendment to the U.S. Constitution (Wikipedia's useful entry)
Censorship, banned books, and freedom of expression

Prior restraint

(government censorship)

Prior restraint (useful section on Wikipedia)
The Doctrine of Prior Restraint (FindLaw, Annotation 9--First Amendment)
Prior restraint vocabulary quizlets (oddly helpful)
Sedition, Incitement and Prior Restraint Chp.3 (vocabulary flashcards)
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What's up with shield laws


Shield Law 101: Frequently Asked Questions (Society of Professional Journalists)
Shield laws and protection of sources by state (Reporters Committee for Freedom of the Press)
On shame and shield law (Sonny Albarado, SPJ, on fight for a federal shield law to protect journalists and their sources from unwarranted snooping by government prosecutors and other lawyers, 5-20-13)
Shield Laws in the United States (Wikipedia)
State Shield Laws (Digital Media Law)
Federal shield law supporters examine whether law would protect James Risen (Jeff Zalesin | Reporter's Privilege, Reporters Committee for Freedom of the Press, 7-22-13)
Number of states with shield law climbs to 40 (Reporters Committee for Freedom of the Press, 2011, sidebar)
The limits of promising confidentiality (very practical overview and advice from Reporters Committee for Freedom of the Press)
Journalist Shield Law. (C-Span) Kurt Wimmer, counsel for the Newspaper Association of America, talked about the the Free Flow of Information Act of 2013, being sponsored by bipartisan members of Congress, and answered questions.
Reporter Shield Laws, Jun 14, 2007 Witnesses testified about the Free Flow of Information Act of 2007. The act included procedures through which disclosure of confidential information from a journalist or a communication service provider may be compelled. They talked about proposals for federal shield laws, source confidentiality, recent investigations into reports activities and actions by government personnel, free speech concerns, and possible exceptions for national security cases.
Clymer on Media Shield Law Steven Clymer, a former D.A. and U.S. attorney, testifies before the Senate Judiciary Committee about the proposed media shield law. Clip from 2005.
Proposed Media Shield Law Leads To Debate Over Who Is A “Journalist” (Doug Mataconis, Outside the Beltway, 9-13-13) He asks, Is the First Amendment irrelevant to a discussion of media shield laws? " The "Senate is debating a bill that would extend a testimonial privilege to a certain class of people and, in order to do so, they have to come up with some definition that can guide the Courts. Given the fact that testimonial privileges are generally frowned upon in the law, and that there is a price to be paid if someone with relevant information in a criminal case is able to withhold that information, it makes sense that the definition should not be overly broad."
Support grows for journalist shield law after Justice Dept. snoops on The Associated Press (Ben Wolfgang, Washington Times, 5-16-13)
Federal media shield law makes prosecuting journalists even easier (Al Stefanelli, Syndicated News Services, 5-18-13). Obama wants exception on national security issues.
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Coalition of the Shilling (Nathan Hodge, The Nation, 3-11-10). Nonpartisan think tanks are supporting journalism--but who's supporting the think tanks?

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American Anthropological Association (AAA) Code of Ethics (requires informed consent)
American Medical Writers Association (AMWA) Code of Ethics
American Society of Business Publications Editors (ASBPE) Code of Editorial Practices
American Society of News Editors (ASNE) Statement of Principles and ASNE's excellent links to ethics codes of other journalism organizations/a>
Antiquarian Booksellers' Association of America Code of Ethics
Associated Press (AP) Statement of News Values and Principles
Association of Health Care Journalists Statement of Principles (AHCJ also endorses the SPJ code of ethics
Association of Personal Historians Code of Ethics
Association of Professional Communication Consultants Code of Ethics
Best practices in digital accuracy and correction (Canadian Association of Journalists)
Business Ethics Pledge (Shel Horowitz)
Canadian Association of Journalists Ethics Guidelines (revised in 2002, in wake of the News of the World phone-hacking scandals)
Canadian Association of Journalists Principles for Ethical Journalism
Code of Best Practices in Fair Use for Academic and Research Libraries (Center for Social Media)
Code of Best Practices in Fair Use for Poetry (Center for Social Media)
Code of Ethics and Professional conduct, Radio-Television News Directors Association (RTNDA
Committee on Publication Ethics (COPE) Guidelines. There are several of these, as PDFs, including
~Code of Conduct and Best Practices Guidelines for Journal Editors
~Guidelines for Retracting Articles
~A Short Guide to Ethical Editing for New Editors
~Code of Conduct for Journal Publishers
~How to handle authorship disputes: a guide for new researchers (Tim Albert and Elizabeth Wager)
CyberJournalist.net, A Bloggers' Code of Ethics
Dramatists Guild of America Bill of Rights (in process and production, in compensation, and in ownership)
Editorial Freelancers Association (EFA) Code of Fair Practice
Ensuring editorial excellence:The SfEP code of practice (Society for Editors and Proofreaders, UK)
Ethical guidelines for editing audio (The Canadian Journalism Project). See also: Truth in audio: Have you crossed an ethical line? (Mindy McAdams, Teaching Online Journalism, 6-8-07)
Ethics Codes (guidelines from various news organizations, worldwide)
HON Code of Conduct for medical and health Web sites (HONcode) (Health on the Net Foundation, or HON)
Ethics Guide for Public Radio Journalism (Corporation for Public Broadcasting); Independence and Integrity II:The Updated Ethics Guide for Public Radio Journalism (PDF, 2004, 55KB); and the earlier version: Independence and Integrity: A Guidebook for Public Radio Journalism (PDF, 1995, 3.5MB)
Graphic Artist's Guild Handbook of Pricing and Ethical Guidelines
Guidance for BBC Global News on Marketing Events (This guidance applies to commercial services operated by BBC Global News including BBC World News and bbc.com/​news.)
A Historian's Code (Richard Stewart)
International Society for Medical Publication Professionals, Inc. (ISMPP) Code of Ethics (PDF file)
Journalism ethics and stands (Wikipedia -- a good summary)
Public Media Code of Integrity A joint initiative of the Affinity Group Coalition and the Station Resource Group, with support from the National Educational Telecommunications Association. These guidelines (summarized here in bullet points ), for the public broadcasting system, were a product of the Editorial Integrity for Public Media project.
Los Angeles Times Ethics Guidelines (1-1-11) and Social Media Guidelines
Minnesota Public Radio: Ten Tenets from MPR News (8-14-01)
National Association of Science Writers (NASW) Code of Ethics
National Press Photographers Association, Inc. Code of Ethics
National Public Radio ethics code (scroll down to read about NPR's new ethics documents)
The New York Times Company Policy on Ethics in Journalism
Online News Association Values Statement (6-16-09, posted on ASNE website)
Oral History Association's Principles and Best Practices (replacing Oral History Evaluation Guidelines. In a Reflection on the OHA’s New Code of Ethics, John A. Neuenschwander urges that OHA add another principle: "Interviewers may also hold a copyright interest in the interviews that they conduct and should always be so informed by the program or archive for which they work or volunteer of their potential rights."
PBS Editorial Standards and Policies
ProPublica Code of Ethics
Radio Television Digital News Association (RTDNA) Code of Ethics and Professional Conduct (also available in Spanish
Reporting and Portrayal of Tribal Peoples (BBC, Guidance in Full, Obtaining Consent, Accuracy, Safety, Further advice)
Society of American Archivists Code of Ethics for Archivists
Society of American Travel Writers (SATW) code of ethics and code of conduct (the latter available only to members)
Society of Professional Journalists (SPJ) Code of Ethics. See Code Words (blog about third revision, in process August 2013)
Standards and Guidelines: Professional Practices for Artists (College Art Association, 1977)
A Statement of Principles for Health Care Journalists by Gary Schwitzer 2004. A story about principles of Association of Health Care Journalists, for The American Journal of Bioethics 4(4):W9'=
25 Commandments for Journalists (former Guardian editor Tim Radford's manifesto for the simple scribe, Guardian, 1-19-11--some are about ethics, and some about style and substance)
Journalism ethics and standards (Wikipedia's synthesis)
Various Journalists' Unions in Asia (Codes of Ethics or Professional Conduct, gathered by MediaLaw, for Hong Kong Journalists' Association, All India Newspaper Editors' Conference (1968), Malaysian Press, Philippine Press Institute and National Press Crub [sic], Press Foundation of Asia (Reporting Ethnic Tensions), Singapore National Union of Journalists' Code of Professional Conduct, South Korea Press, Sri Lanka Press Council.
Washington Post Newsroom Guidelines for Use of Facebook, Twitter and Other Online Social Networks (5-7-10, posted on ASNE website)

New NPR Ethics Handbook
An Introduction To NPR's New Ethics Handbook (Edward Schumacher-Matos, NPR Ombudsman, 3-16-12). One document presents NPR's Guiding Principles. It is a table of contents to the other document, a handbook to help guide journalists through various ethical decisions with specific case studies. "More than a series of rules, the guideline is based on principles, which realistically reflects how journalism works and how so many day-to-day decisions come down to judgment calls by editors and reporters. The principles will help guide them in making decisions, without telling them what to do in each case. Sprinkled throughout the handbook are case studies that discuss the right decisions in other real-life circumstances....Among the central principles is that the new guidelines focus on standards of fairness and impartiality, as opposed to balance and objectivity. "
New NPR Ethics Handbook
NPR Tries to Get its Pressthink Right (Jay Rosen, PressThink 2-26-12). Rosen writes: NPR "now commits itself to avoiding the worst excesses of 'he said, she said' journalism. It says to itself that a report characterized by false balance is a false report. It introduces a new and potentially powerful concept of fairness: being 'fair to the truth.' My verdict: Bravo, NPR.
NPR introduces new Ethics Handbook, appoints standards and practices editor (Mallary Jean Tenore, Poynter, 2-24-12)

More resources about ethics
Ethics in Public Broadcasting (Current.org's links to articles)
Online Journalism Review articles on ethics (Annenberg)
Poynter articles about ethics
Why nonfiction writers should take a vow of chastity (Roy Peter Clark, Poynter, 7-25-12). Clark translates a public manifesto Danish screenwriters Lars von Trier and Thomas Vinterberg propose for film writers into a parallel vow of artistic integrity for nonfiction writers.
Ethics in public broadcasting (stories from Current.org about ethics issues in public TV and radio in the United States)
To report or to rescue (Jillian Bell, Ryerson Review of Journalism, Summer 2012). When is it okay to cross the line from journalist to humanitarian?
Documenting Tragedy: The Ethics Of Photojournalism (NPR, Talk of the Nation, 12-6-12). Audio and transcript. When the New York Post published a freelancer's photograph of a man trapped in the path of an oncoming subway train, many photojournalists, editors and consumers decried the decision as unethical. Others argue that the photo was essential to the story.
Ethics resources (World Association of Medical Editors, WAME) Excellent guidelines for editors of medical journals. Includes Web Resources on Publication and Research Ethics
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Conflicts of Interest -- and Full Disclosure
Conflicts of Interest May Ensnare Journalists, Too (Roni Caryn Rabin, Health, NY Ties, 9-21-08). Focuses on health care journalists. Conflicts of interest are especially obvious with medical industry-sponsored awards, trips, and professorships.
Six Ways Journalists Can Avoid Conflicts of Interest (Tony Rogers, About.com) See also his short article A Code of Conduct for Reporters (rules to live by on the job)
Judge orders Oracle, Google to disclose paid journalists and bloggers (Jeff John Roberts, PaidContent 8-7-12)
FTC Tells Amateur Bloggers to Disclose Freebies or Be Fined (Ryan Singel, Wired, 10-5-09, pointing out some gaps and weaknesses in the rules) and here are the FTC Guidelines on the Use of Endorsements and Testimonials in Advertising. Here's an earlier story: FTC to go after blogger freebies (Caroline McCarthy, CNet News, 6-22-09)
Debating the ethics of medical ghostwriting (links on Writers & Editors blog; see also Medical ghostwriting and ethical issues in medical publishing
Can We Tape? A Practical Guide to Taping Phone Calls and In-Person Conversations in the 50 States and D.C. (with a state-by-state guide). (Reporters Committee for Freedom of the Press, Fall 2008)
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Corporate Integrity Agreements (CIAs), Health & Human Services list, from which PharmaGossip provided this Hat tip, links to the Big Pharma Corporate Integrity Agreements


Defamation, libel, and slander
What Are Defamation, Libel and Slander? (Aaron Larson, ExpertLaw, August 2003)
Defamation of Character: Libel and Slander in a Writers World (Emily K. Bivens, The Dabbling Mum)
Russian parliament votes to recriminalize defamation (Committee to Protect Journalists (CPJ), 7-11-12)
In Ecuador, defamation case could set dangerous precedent (Sara Rafsky, Committee to Protect Journalists, 1-17-12). A defamation decision against a newspaper in Ecuador contradicts a mounting body of international legal opinion that affirms that public officials should not enjoy protection from scrutiny. (Several more such reports on the CPJ site.)

Defamation
Frequently asked questions (and answers) about defamation (Chilling Effects). The Chilling Effects clearinghouse is a collaborative archive created by several law school clinics and the Electronic Frontier Foundation to combat legal threats used to silence Internet activity.
What are the elements of a defamation claim? (Chilling Effects)
How to Address Defamatory Online Content (Meridith Levinson, ComputerWorld, 4-6-09)
Blogger jailed in Anna Nicole Smith defamation suit (Kate Murphy, AFP--noting that in court a blogger is a publisher, not a writer)
A Selective Review of Defamation Cases in 2009 Involving Professional Reputation (need not be libelous). Oxford University Press blog, 2010
A Writer's Guide to Defamation and Invasion of Privacy (Amy Cook, Writer's Digest, 9-15-10)
Faith and Free Speech: Defamation of Religions and Freedom of Expression. International PEN, warning against regulations prohibiting criticism of any religion or any set of ideas, organized a side-session panel discussion at a U.N. meeting in Geneva, with statements made by Wole Soyinka, Ariel Dorfman, Azar Nafisi, and Kwame Anthony Appiah.

Libel and libel suits
Is truth an absolute defense against libel? Read these stories.
Twitter and libel law: A little bird told me (The Economist, 11-24-12). "When everyone is a publisher, everyone can be sued."
Twitter users face libel claims for spreading false accusation (Jeff Sonderman, Poynter, 11-26-12)
Could I Be Liable for Libel in Fiction? (Mark Fowler, Rights of Writers blog, 12-18-10)
Oops, Maybe I Shouldn't Have Written That: A Modest Guide to Libel and Biography (James McGrath Morris, Biographer's Craft)
Libel Insurance Providers (Student Press Law Center, a list of companies that have offered libel insurance to student media in recent years)
Are Insurance Companies Redlining Journalists? (Carol Napolitano, American Journalism Review, Jan/​Feb 1995)
'Libel Tourism': When Freedom of Speech Takes a Holiday (Adam Cohen, Editorial Observer, NY Times Opinion page, 9-14-08)
Britain to Seek Curbs to 'Libel Tourism' (Eric Pfanner, NY Times, 5-9-12)
Libel and Slander U.S. Legal's webpage
Libel and Privacy Invasion (Tips from Student Press Law Center)
Libel in fiction (David L. Hudson, First Amendment Center 1-19-05)
The Case Against Lillian Hellman: A Literary/​
Legal Defense
(Daniel J. Kornstein, Fordham Law Review Vol. 57, issue5, article 1, 1-1-89, PDF)
Think you know libel law? Think Again (Robert J. Abrogi, Media Law, on Noonan vs. Staples); and 1st Circuit Denies Review of Libel Ruling (Media Law 3-18-09).
Libel Ruling Protects Anonymous Comments (Media Law, Maryland case, 3-1-09)
Since when were memoirs non-fiction?. Subtitled "Lawsuits contesting the factual accuracy of autobiographies threaten a compelling pleasure for readers." The British (Guardian) take on the Turcottes' lawsuit about Augusten Burroughs' memoir Running with Scissors.
Defamation and Libel (Wikipedia)
Rules, Britannia! The Growing, Chilling Reach of Commonwealth Libel Laws (transcript of important Authors Guild panel discussion on the long arm of British libel law 9-25-06).
Keep libel courts out of science: British Chiropractic Association v Simon Singh
The British Chiropractic Association brought a libel case against science writer Simon Singh at the Royal Courts of Justice in London for his criticism of chiropractic procedures in the book Trick or Treatment: The Undeniable Facts About Alternative Medicine and in a Guardian article, "Beware the Spinal Trap" (now removed from the Guardian site, but available through a link in this article on Lay Scientist: Simon Singh vs. British Chiropractic Association . Legal blogger Jack of Kent is following the case, providing expert analysis, and posting updates through his Twitter feed @​JackOfKent. Click here to read and/​or sign the Sense About Science petition stating: "The law has no place in scientific disputes: We the undersigned believe that it is inappropriate to use the English libel laws to silence critical discussion of medical practice and scientific evidence."
Libel Law Has No Place in Scientific Disputes (Jack of Kent 6-4-09 on the libel case brought against Simon Singh by the British Chiropractic Association). Sense About Science filed a petition to keep Britain's ultrastrict libel law from limiting free speech in scientific disputes about evidence)


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Fabrication
The First Peril:Fabrication (Chip Scanlan, Poynter Online)
How to handle plagiarism and fabrication allegations (by Craig Silverman and Kelly McBride, Poynter, 8-15-12)

Faith and Free Speech: Defamation of Religions and Freedom of Expression. International PEN, warning against regulations prohibiting criticism of any religion or any set of ideas, organized a side-session panel discussion at a U.N. meeting in Geneva, with statements made by Wole Soyinka, Ariel Dorfman, Azar Nafisi, and Kwame Anthony Appiah.

Liability insurance, or media liability insurance. WriteInsure media perils insurance, available through Axis Pro. The Authors Guild has entered into an agreement with Axis Pro, the world's leading underwriter of media liability insurance, to offer Guild members professional liability insurance. Coverage is available under WriteInsure for book authorship, freelance writing and blogging. I don't think you have to be a member of AG to get it; I don't know if the cost or terms are different if you buy it individually. If anyone else does, or if other writers organizations are also making it available, please let me know!



For Instant Ratings, Interviews with a Checkbook (Brian Stelter and Bill Carter, Media & Advertising, NY Times, 6-12-11). News shows that want exclusive interviews often pay one way or another to get them, often as licensing fees for photos or videos, covering hotel costs, even financing special events.


Freedom House, among other things, publishes results of annual surveys ranking countries in terms of freedom and freedom of the press. Many excellent resources, including country rankings and maps.

Freedom of information in UK: Open Secrets (Martin Rosenbaum's blog for BC)


Ghostwriting. See Medical ghostwriting and ethical issues in medical publishing, below.

Giller jurist’s relationship to agent drawing criticism in literary world (Mark Medley, National Post, 11-13-10). Is it okay for a jurist to recommend a good novel to an agent just before the novel is longlisted for a major literary award?

Prior restraint

(government censorship)

Prior restraint (useful section on Wikipedia)
Prior restraint vocabulary quizlets (very helpful)
Sedition, Incitement and Prior Restraint Chp.3 (vocabulary flashcards)
The Doctrine of Prior Restraint (FindLaw, Annotation 9--First Amendment)
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Historian Orlando Figes agrees to pay damages for fake reviews on Amazon (Alexandra Topping, Guardian, 7-16-10). Historian to pay damages and costs to two rivals who launched a libel case after he posted reviews "praising his own work and rubbishing that of his rivals."

Historians and Human-Subjects Research by Christopher Shea (Wall Street Journal, Ideas Market 8-5-11). Shea asks: "How can oral (or, more generally, contemporary) historians escape inappropriate IRB scrutiny without denigrating their own work? Or, to back up a step, should they, in fact, have to go through the same procedures as social psychologists doing lab studies?" Zachary Schrag responds, in comments, that the National Research Act (42 USC 289) applies only to “biomedical and behavioral research,” which is not the kind of research historians do. On his Institutional Review Blog (about IRB overview of the humanities and social sciences), Schrag addresses the issue more fully in ANPRM: It's Time to Redefine Research.

Huffington Post makes millions; bloggers offered "exposure," not pay
'Huffington Post' Employee Sucked Into Aggregation Turbine. Horrified Workers Watch As Colleague Torn Apart By Powerful Content-Gathering Engine (The Onion's delightful take on Huffington Post as a Content Mill 2-2-12)
The Economics of Blogging and The Huffington Post (Nate Silver, FiveThirtyEight, NY Times blog, 2-12-11). "I’ve also done a fair amount of uncompensated or undercompensated writing — there is certainly a time and a place for it, particularly if you’re trying to establish or re-establish your brand. But look beyond a site’s traffic numbers and consider how it presents your material and how prominently it is featured, as well as the sort of audience it is likely to attract. Being a small fish in a very, very big pond isn’t always the way to build up a name for yourself, much less to make money from it."
The Huffington Post Rubs People the Wrong Way at the Republican National Convention (Andrew Van Alstyne, Pay the Writer!, National Writers Union, 8-29-12)
How The Huffington Post Works (In Case You Were Wondering) (Jason Linkins, HuffPost, 2-10-11, 5-25-11, who reports that Huff does have a staff of paid writers, editors, and reporters.)

International Federation of Journalists (IFJ) (There can be no press freedom if journalists exist in conditions of corruption, poverty, or fear)




Medical ghostwriting and ethical issues in medical publishing

.
The practice of having an anonymous medical writer draft or substantially revise a medical manuscript without acknowledging their participation is unethical, according to the American Medical Writers Association, and the practice should not be tolerated. Not only should the role of the professional writer be transparent, but the articles should adhere to applicable guidelines (such as those of the International Committee of Medical Journal Editors) and should fully disclose potential areas of conflict of interest. The medical writers paid by pharmaceutical companies (Big Pharm) are most likely to encounter ethical issues. Following are some of the more interesting discussions of the ethics and practical realities of medical writing:
Answers to FAQs about Medical Ghostwriting (Project on Government Oversight, or POGO, 8-10-11).
Ghostwriting Revisited: New Perspectives but Few Solutions in Sight by PLoS Medicine editors Virginia Barbour, Jocalyn Clark, Susan Jones, Melissa Norton, Paul Simpson, and Emma Veitch (PLoS Med 8(8): e1001084. doi:10.1371/​journal.pmed.1001084) 8-30-11 (Bottom line: Companies and writers who work on industry publications should be listed as byline authors.)
How Industry Uses the ICMJE Guidelines to Manipulate Authorship—And How They Should Be Revised by Alastair Matheson (PLoS Med 8(8): e1001072. doi:10.1371/​journal.pmed.1001072) 8-9-11. Helpful references.
Being the Ghost in the Machine: A Medical Ghostwriter's Personal View (Linda Logdberg, PLoS Medicine, 8-9-11). What she did, why she did it, and why she stopped doing it.
Ghostwriting, RICO and Fraud on the Court? (Ed Silverman, Pharmalot blot 8-3-11). Two Toronto academics suggest pursuing class action lawsuits based on the Racketeer Influenced and Corrupt Organizations Act, or RICO, and filing claims of ‘fraud on the court’ against a drugmaker that uses ghostwritten articles in litigation. they base their argument on article published in PLoS Medicine: Legal Remedies for Medical Ghostwriting: Imposing Fraud Liability on Guest Authors of Ghostwritten Articles (by Simon Stern and Trudo Lemmens).
Professor files complaint of scientific misconduct over allegation of ghostwriting by Bob Roehr (BMJ 2011; 343:d4458), filed 7-13-11.
The murky world of academic ghostwriting (Julia Beluz, McLeans 5-6-11). Lawsuits are shedding light on the dubious relationship between medical researchers and pharmaceutical companies
Only full access to trial data will show signs of ghostwriting, meeting hears BMJ 2011;342:doi:10.1136/​bmj.d2925 (5-10-11--subscription required). These articles are about an important meeting on medical ghostwriting held in Toronto, Spring 2011: The Ethics of Ghost Authorship in Biomedical Research: Concerns and Remedies
How Scientific Literature Has Become Part of Big Pharma's Marketing Machine and How Being Nice Hurts Canada: 5 Questions with Ghostwriting Expert Trudo Lemmens (Paul Thacker, Project on Government Oversight (POGO), 6-22-11)
Ghost Writing and Scientific Misconduct: What does this reflect? (Solomon R. Benatar, JCB Voice, also about the Toronto conference).
How drug companies' PR tactics skew the presentation of medical research. Elliot Ross reveals the secret 'army of hidden scribes' paid by the drug companies to influence doctors (5-20-11)
Give up the ghosts. "Funding agencies should make researchers reveal industry links." Nature 468. 732. (09 December 2010) doi:10.1038/​468732a
Medical Papers by Ghostwriters Pushed Therapy (Natasha Singer, NY Times, 8-4-2009)
What Should Be Done To Tackle Ghostwriting in the Medical Literature?. A debate about medical ghostwriting on PLoS Medicine, with Peter C. Gřtzsche, Jerome P. Kassirer, Karen L. Woolley, Elizabeth Wager, Adam Jacobs, Art Gertel, Cindy Hamiltonl (2009) PLoS Med 6(2): e1000023. doi:10.1371/​journal.pmed.1000023)
Ghostwriting(Derek Lowe, In the Pipeline, a short entry followed by an intelligent discussion with readers)
Ghostwriting and the Medical Writer (Cynthia Haggard, American Medical Writers Association)
New strategies to tackle medical ghostwriting are debated (Science News)
Ghost Writing Initiated by Commercial Companies (6-20-05, policy statement, World Association of Medical Writers, WAME)
AMWA code of ethics
The Haunting of Medical Journals: How Ghostwriting Sold “HRT” (Adriane J. Fugh-Berman, PLoS Med 7(9): e1000335, 9-7-10). (Fugh-Berman examines documents unsealed in recent litigation to see how pharmaceutical companies promoted hormone therapy drugs, which included using medical writing companies to produce ghostwritten manuscripts and place them in medical journals). Read the response by Adam Jacobs of the European Medical Writers Association.
Ghost Management: How Much of the Medical Literature Is Shaped Behind the Scenes by the Pharmaceutical Industry? (Sergio Sismondo, PLoS Med 4(9): e286, 9-25-07)
Revealed: how drug firms 'hoodwink' medical journals (Antony Barnett, The Observer, 12-7-03). Pharmaceutical giants hire ghostwriters to produce articles - then put doctors' names on them
Evidence in Vioxx Suits Shows Intervention by Merck Officials (Alex Berenson, NY Times, 4-24-05)
Good Publication Practice for Pharmaceutical Companies Guidelines (Envision Pharma, 2006)
Madison Avenue Has Growing Role in the Business of Drug Research (Melody Peterson, NY Times, 2-22-02)
You'll find more articles on the subject on the collaboration and ghostwriting page of the Writers and Editors site

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Reporters Recording Guide (Reporters Committee for Freedom of the Press). Who owns the copyright--the reporter or the interviewee? What if a third party records the interview? Read this whole entry! This site contains many helpful articles on privacy and journalism.
Facebook: Where Your Friends Are Your Worst Enemies (Packet Storm, 6-21-13)
Dragnet Nation: A Quest for Privacy, Security, and Freedom in a World of Relentless Surveillance by Julia Angwin
Give Me Back My Online Privacy (Elizabeth Doskin, WSJ, 3-23-14), Internet Users Tap Tech Tools That Protect Them From Prying Eyes
Disconnect Search: Google In Private (Thomas Claburn, Information Week, 3-24-14) Disconnect app delivers search engine privacy, with "pay what you want" pricing.
Tor Project (a browser that allows you to search the Internet anonymously, or pseudonymously)
Anoonymizer International ("keeps your online activities safe, private, and secure")
•HIPAA, electronic health records, and patient rights
I Know What You Think of Me (Tim Kreider, NY Times Opinion section, 6-15-13). Reason No. 697 Why the Internet Is Bad — the dreadful consequence of hitting “reply all” instead of “reply” or “forward.”
How to Invent a Person Online (Curtis Wallen, Atlantic, 7-23-14). Is it possible to be truly anonymous in the digital world?
Here's what the Feds have on you: Everything (Erik Sherman, MoneyWatch, CBS 6-7-13)
What makes government spies scarier than corporate snooping? (Timothy Noah, NSNBC, 6-11-13)
Herbert Mitgang's obituary (Douglas Martin, NY Times, 11-21-13) focuses on his expose of government spying. His "1988 book, Dangerous Dossiers: Exposing the Secret War Against America’s Greatest Authors, reported that the agencies were suspicious not just of radical views but also of liberal ones. Mr. Mitgang said the Nobel Prize winners Sinclair Lewis and William Faulkner were monitored in part because they favored racial equality." Ernest Hemingway's file "criticized his muscular writing style and, probably most damning, said that he had once likened the F.B.I. to the Gestapo." So much for freedom of the press.
A.C.L.U. Files Lawsuit Seeking to Stop the Collection of Domestic Phone Logs (Charlie Savage, NY Times, 6-11-13) Congress never openly voted to authorize the collection of logs of hundreds of millions of domestic calls, but some lawmakers were secretly briefed. Some members of Congress have backed the program as a useful counterterrorism tool; others have denounced it.
Should Google serve the state – or serve its customers? (John Naughton, The Guardian, 6-8-13) The web giant is stuck between a rock and a hard place when it comes to privacy for users. Eric Schmidt, Google's executive chairman, lectured about ideas at Cambridge. "The rock is that the national security state...The hard place is corporate terror that their users will become alienated by the realisation that personal communications cannot be safely entrusted to internet companies based in the US." "In the US, he argued, people worried more about the power of the state rather than that of corporations, whereas in Europe people seemed to trust the state but mistrust companies."
Can’t Hide in the Cloud (Vikas Bajaj, NY Times, 6-15-13). Most users could do more to safeguard themselves, but no software or service can protect them fully from determined government agencies, criminals or hackers.
A Reporter's Guide to Medical Privacy Law (Reporters Committee for Freedom of the Press, on medical privacy vs. the public interest)
Tape-recording laws at a glance (state by state, Reporters Committee for Freedom of the Press)
A Writer's Guide to Defamation and Invasion of Privacy (Amy Cook, Writer's Digest, 9-15-10)
Consent the best defense against invasion of privacy lawsuits (Pat McNees, Writers and Editors blog). The right of privacy (essentially “the right to be left alone”) is your right to control and protect the public use of your identity. There are four types of invasion of privacy: false light, intrusion, disclosure, and misappropriation (explained here). Misappropriating the right of publicity, on the other hand, is an invasion (without their consent) of a person’s right to benefit from commercial exploitation of their name or likeness.
Electronic Frontier Foundation articles on privacy issues, including anonymity, biometrics, The Communications Assistance for Law Enforcement Act (CALEA, the U.S. wiretapping law passed in 1994), cell tracking, cyber security legislation, digital books, Do Not Track, international privacy standards, locational privacy, mandatory data retention, mass surveillance technologies, national security letters, NSA spying, online behavioral tracking, PATRIOT Act, pen trap, printers, radio-frequency identification (RFID), search engines, search incident to arrest, social networks, travel screening.
Should Personal Data Be Personal? Europe Moves to Protect Online Privacy (Somini Sengupta, NY Times Sunday Review 2-4-12)
Google Says It Collected Private Data by Mistake (Brad Stone, NY Times, 5-14-10, about Google's answers to questions from regulators in Europe about Street View).
How a Single Student Is Transforming Facebook’s Privacy Policy In Europe (Jamie Condliffe, Gizmodo, 2-8-12)
The Problem With Europe’s Strict Privacy Laws (Christopher Wolf, Slate 3-14-12). An elderly German named Heinrich Boere recently invoked an EU privacy law to file a complaint against two Dutch reporters for secretly videotaping an interview with him at his nursing home. "The criminal invasion-of-privacy case against the reporters put into sharp focus the automatic and inflexible application of privacy law in circumstances where flexibility and discretion appear to be called for." Read this important article!
Forget Privacy: What the Internet Knows About You by Jessica Bennett (Newsweek 10-22-10) and The Web's New Gold Mine: Your Secrets by Julia Angwin (first in Wall Street Journal series on the fast-growing business of spying on consumers). Watch your back!
10 Ways to Protect Your Privacy Online (Michael Fertik 10-22-10)
How to Muddy Your Tracks on the Internet (Kate Murphy, Personal Tech, NY Times 5-2-12). "You know that dream where you suddenly realize you’re stark naked? You’re living it whenever you open your browser." Lots of practical tips for keeping your private messages private.
The Candidates Are Monitoring Your Mouse -- privacy advocates are worried (Heather Green, BusinessWeek, 8-27-08)
SPLC Legal Brief: Invasion of Privacy Law (Student Press Law Center, SPLC, a helpful outline of key issues)
Naming Names: Identifying Minors (SPLC, aimed at student newspapers)
Facebook Is Using You (Lori Andrews, NY Tijmes, 2-5-12). "We need a do-not-track law, similar to the do-not-call one. Now it’s not just about whether my dinner will be interrupted by a telemarketer. It’s about whether my dreams will be dashed by the collection of bits and bytes over which I have no control and for which companies are currently unaccountable." Andrews is author of I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy
Privacy Subtleties of GMail (Brad Templeton)
The Death of the Cyberflâneur (Evgeny Morozov, NY Times Opinion, 2-5-12) Mr. Schrems was intrigued and somewhat rattled. He wasn’t worried about anything in particular. Rather, he felt a vague disquiet about what Facebook could do with all that information about him in the future.
Internet Privacy *Wikipedia, a helpful overview of issues -- check its Notes.
How Privacy Vanishes Online (Steve Lohr, NY Times Technology section, 3-16-10). Using bits of data from social network sites, researchers gleaned names, ages and even Social Security numbers.
EFF's Top 10 Ways to Protect Your Online Privacy (Stanton McCandlish, Electronic Frontier Foundation, 4-9-02).
• Who owns your Twitter post? Judge Rules That Protester Can’t Oppose Twitter Subpoena (Colin Moynihan, City Room, NY Times 4-24-12). Tweeter Harris "lacked the standing to oppose the subpoena because Twitter’s policies required that he agree to grant the company a 'worldwide, non-exclusive royalty-free' right to distribute messages, which are publicly viewable. He labeled “understandable, but without merit” the defendant’s contention that he had a privacy interest in his tweets."
EPIC Online Guide to Practical Privacy Tools (there's a whole new world here!)
Privacy Journal (Robert Ellis Smith's newsletter on personal privacy, online and elsewhere)Privacy.
Scroogle, an ad-free Google search proxy that prevents the searcher's data being stored by Google (as explained on Technically Speaking Radio).
Power And The Internet (Bruce Schneier's essay appeared as a response to Edge's annual question: "What *Should* We Be Worried About?""Debates over the future of the Internet are morally and politically complex. How do we balance personal privacy against what law enforcement needs to prevent copyright violations? Or child pornography? Is it acceptable to be judged by invisible computer algorithms when being served search results? When being served news articles? When being selected for additional scrutiny by airport security? Do we have a right to correct data about us? To delete it? Do we want computer systems that forget things after some number of years? "
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HIPAA, electronic health records, and patient rights


The Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, was enacted on August 21, 1996. Sections 261 through 264 of HIPAA require the Secretary of HHS to publicize standards for the electronic exchange, privacy and security of health information.
Summary of the HIPAA Privacy Rule (PDF, Health & Human Services)
Do Family, Friends' Photos Trigger HIPAA Violations? (John Commins, HealthLeaders Media, 3-8-2010). You should be able to take photos of your own child or other family member in the hospital, but you mustn't inadvertently catch another patient, or a medical health record, etc. If you are doing photographs for a story, you need a HIPAA release signed for every patient photographed. Hospital personnel may overreact about cell phone photos even of your own family members because HIPAA rules are not easy to master and personnel are duty-bound to observe them.
3 Approaches to the EHR Patient Control Debate (Power Your Practice), about the Patricia Galvin case.
Can medical records be released without consent? Supreme Court refuses case. (Warren Richey, Christian Science Monitor, 10-3-11) The US Supreme Court turned aside an appeal involving the scope of privacy protections for a patient’s medical records when a state agency seeks to force a doctor to disclose those records without first obtaining a patient’s consent. (Eist v. Maryland State Bd. of Physicians) Issues of case, on SCOTUSblog: (1) Whether a state may restrict a patient's federal constitutional right to privacy by compelling a physician to disclose confidential patient records without notice to and authorization by the patient and in conflict with the physician's ethical obligations; (2) whether a state agency may simultaneously serve as investigator, prosecutor and adjudicator with respect to a licensee under its jurisdiction without amending the state's constitution which explicitly separates legislative, executive and judicial powers; and (3) whether a physician may be disciplined by a state's medical licensing board if: (a) the relevant statutory language - “fails to cooperate with a lawful investigation” - is unconstitutionally vague; (b) the board never notified the patients it was seeking their confidential medical records; or (c) the board's simultaneous roles as investigator, prosecutor and adjudicator deprive petitioner of his right to due process.
Here's Looking at You: How Personal Health Information Is Being Tracked and Used (Jane Sarasohn-Kahn, California Healthcare Foundation, July 2014)
Medical privacy (summary of info and links to more on breaches of privacy, damages and alternatives, electronic systems, many releases that are allowed by law, comparison of lists of data breaches)
Secret video: Mercy guard threatened photo-taking mom (Sarah Okeson, News-Leader 7-19-14) Woman who took photo of her son to post on Facebook was taken to an office where she was questioned by a security guard "The idea is not to prohibit patients from capturing personal memories," said Mercy spokeswoman Sonya Kullmann. "However, we want to ensure that we protect everyone's right to privacy. That includes other patients, visitors, co-workers and providers who may not want to appear in someone else's photograph, video or recording."
Media Guidelines while on Campus (St. Jude Children's Research Hospital)
Spread of Records Stirs Patient Fears Of Privacy Erosion (Theo Francis, WSJ, 12-26-06--behind a paywall, for subscribers only, but you may be able to read it at the library).
HIPAA G02: HIPAA Guidance -- Safeguarding Patients’ Photographs and Recordings
Could photographing an ED patient get you sued? (PDF, ED Legal Letter April 2009) Without consent, you are asking for a lawsuit.
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Right of Publicity (Personality Rights)


Personality rights (Wikipedia: "The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one's identity. It is generally considered a property right as opposed to a personal right, and as such, the validity of the Right of Publicity can survive the death of the individual (to varying degrees depending on the jurisdiction). In the United States, the Right of Publicity is a state law-based right, as opposed to federal, and recognition of the right can vary from state to state."
U.S. states that recognize rights of publicity (Wikipedia)
Right of Publicity: An Overview (Legal Information Institute, Cornell University Law School)
Brief History of RoP (Jonathan Faber's Right of Publicity site). See also his entries on Notable Cases .
The rights of publicity and privacy (Public Domain Sherpa) Using a work with a recognizable person in it? Don't use it commercially without knowing about the rights of publicity and privacy.
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Taping phone calls


Can We Tape? A Practical Guide to Taping Phone Calls and In-Person Conversations in the 50 States and D.C. (with a state-by-state guide). (Reporters Committee for Freedom of the Press, 8-1-12)
Tape-recording laws at a glance (by state, Reporters Committee for Freedom of the Press, 8-1-12)
Interstate phone calls (Reporters Committee for Freedom of the Press, 8-1-12)
Copyright and taped interviews (Reporters Committee for Freedom of the Press, 8-1-12)
Recording Phone Calls and Conversations (Digital Media Law Center)
Recording Phone Interviews (how to links, Mastering multimedia, Writers & Editors)
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Open Secrets (Martin Rosenbaum's blog for BBC about freedom of information in UK)

‘Operation Dark Heart’ Author Sues for Uncensored Edition (Scott Shane, NYTimes, 10-14-10). A former Defense Intelligence Agency officer whose Afghan memoir (Operation Dark Heart: Spycraft and Special Ops on the Frontlines of Afghanistan -- and the Path to Victory) was belatedly censored by the Pentagon filed a lawsuit seeking to have the book’s full text restored in future printings.

PEN Freedom to Write program (defending writers and campaigning for freedom of expression both at home and abroad)

PepsiGate’ Rocks the Science Blogging World (David Disalvo, TrueSlant 7-8-10). Roughly: SEED magazine, owner of the well-regarded ScienceBlogs network, "decided to allow Pepsi to have its own blog on the network, called 'Food Frontiers'–which, of course, they would pay for, not unlike a block of continuous advertising space. Many bloggers at ScienceBlogs are not happy about this. The standard for any credible science journalism network is that writers earn their space on merit, not because they have products to pitch." The bottom line, writes Disalvo: "if you’re going to mix marketing with science journalism (or, really, any journalism worth its salt), then you’d better be damn sure to clarify that the commercial content is just that: PAID FOR CONTENT." See PepsiGate linkfest (Bora Zivkovic, on A Blog Around the Clock, posts links to all key posts about the event).

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Plagiarism, recycling and sloppy research


Mind you, this topic could and maybe should also be on the copyright page, but it's as much about ethics as about copyright.
Jonah Lehrer’s Journalistic Misdeeds at Wired.com (Charles Seife, Slate.com, 8-31-12). Seife's investigation of the New Yorker and Wired.com writer reveals evidence of plagiarism, dodgy quotes, and factual inaccuracies, which are charted in this story. See also
~Violations of Editorial Standards Found in WIRED Writer’s Blog (Evan Hansen, Frontal Cortex, a Wired Science blog, 8-31-12)
~Jonah Lehrer’s Teller Deception (Kevin Breen, The Skeptical Libertarian, 8-10-12)
~How Jonah Lehrer Recycled His Own Material for Imagine (Edward Champion, Reluctant Habits, 6-20-12)
~The ethics of recycling content: Jonah Lehrer accused of self-plagiarism (Jonathan M. Gitlin, Ars Technica, 6-2-12)
~Jonah Lehrer Resigns From The New Yorker After Making Up Dylan Quotes for His Book (Julie Bosman, Media Decoder, NY Times, 7-30-12)
~Jonah Lehrer’s Deceptions (Michael C. Moynihan, Tablet--a new read on Jewish life, 7-30-12). The celebrated journalist fabricated Bob Dylan quotes in his new book, Imagine: How Creativity Works. (This exposé led to Lehrer's resignation from the New Yorker.)
~Interpreting Dylan, Always Treacherous, Was Lehrer’s Undoing (Ben Sisard, Media Decoder, NY Times, 7-31-12).

HNN's Ongoing Coverage of the Conservative Attack on Rick Perlstein
It's Not Rick Perlstein's Scholarship that Seems to Be in Question. It's His Politics. (Peter Charles Hoffer, History News Network, 8-6-14). An interesting discussion of the nature of plagiarism and levels of plagiarism--and how accusations of plagiarism may be motivated (or suppressed) by political loyalties.
Plagiarism (History News Network 1-25-06). A page full of links to interesting "problem" texts and authors. See, for example, Historians on the Hotseat(4-23-10), which goes way beyond naming only the famous writers who did a little "sloppy research."
How to handle plagiarism and fabrication allegations (by Craig Silverman and Kelly McBride, Poynter, 8-15-12)
Plagiarism.org (among other things, provides free, live webinars on Plagiarism in the Digital Age, and many helpful articles
What Is Plagiarism?
The Unoriginal Sin: Differences Between Plagiarism and Copyright Infringement (Mark Fowler, Rights of Writers blog 7-4-11)
Combating Plagiarism: Is the Internet causing more students to copy? (PDF of thoughtful long article, with bibliography, from CQ Researcher
Amazon's Plagiarism Problem (Adam Penenberg, Fast Company 1-12-12). Amazon's erotica section is a magnet for copyright infringement, and "Amazon doesn't appear too eager to stop the forbidden author-on-author action."
Chris Anderson's "Free" Contains Apparent Plagiarism (Waldo Jaquith, Virginia Quarterly Review, 6-23-09)
Copyright Infringement And A Medieval Apple Pie (Jane Smith, How Publishing Really Works)
• Cribbing edges into plagiarism. Raj Persaud's sloppy work and the importance of attribution.Persaud's blatant cribs were flabbergasting, professor tells tribunal. Psychiatrist 'a baffling mix of skill and stupidity'. (Martin Wainwright, The Guardian 6-18-08)
Detecting Plagiarism Dead Giveaways (Montgomery College Libraries)
The Difference between Plagiarism, Piracy, and Copyright Infringement (Jackie Barbosa 11-4-10)
Cooks Source Firestorm Over Plagiarism (Karen Berger, 11-5-11, on CreateWorkLive, on a blogger's [Judith Griggs'] months in the limelight as shockingly unenlighted about rights issues--using writer Monica Gaudio's piece about apple pie without asking permission, crediting her but refusing to pay for its use, and stating that everything on the Internet is public domain--which, dear reader, you know is not true.
Something Borrowed (Malcolm Gladwell, in the New Yorker, 11-22-04, asks: Should a charge of plagiarism ruin your life?
The Counter-Plagiarism Handbook (Craig Silverman's Tips for writers and editors on how to avoid or detect journalistic plagiarism, CJR Regret the Error, 2-26-10)
Former Rutgers student says software detecting plagiarism was wrong when it flagged her work, caused her to fail (Kelly Heyboer, NJ Star-Ledger, 12-4-11). At what point does failure to attribute sources in the text become plagiarism?
George Bush Book 'Decision Points' Lifted From Advisers' Books (Ryan Grim, Huffington Post 11-13-10)
Getting to the Source: Preventing Plagiarism (Chip Scanlan, Poynter, 9-19-03)
Historians Rewrite History. Timothy Noah (Slate, 11-13-03) on the campaign to exonerate Doris Kearns Goodwin
Is It Plagiarism? iParadigms Walks Both Sides of the Question (Kent Anderson, Scholarly Kitchen, 9-12-11). "The two most popular plagiarism-detection programs are Turnitin — widely used in higher education — and CrossCheck — widely used by scholarly publishers. Both programs rely on software developed by iParadigms." An iParadigms product called WriteCheck is marketed to authors and researchers to detect how much of their paper matches content in the company's database, "allowing the company to work both sides of the plagiarism game."
SafeAssign (software for detecting plagiarism, useful for detecting if students are copying text online)
iThenticate Plagiarism Checker (Web-based content verification technology)
Plagiarism and Precedence: Media Ethics (Edward Wasserman, 10-9-06)
Plagiarism Is a Community Issue
Plagiarism, the Latest -Gate (Megan Garber, CJR, 2-19-08)
Plagiarism.org
Plagiarism Resources for Faculty (Bluegrass Community Technical College)
The Plagiarism Resource Site (many helpful links, especially for teachers dealing with plagiarism in the classroom)
Plagiarism Pays (Reed Irvine and Cliff Kincaid, Accuracy in Media, on offenders who make a comeback)
Plagiarism vs. Copyright Infringement: Do You Know the Difference? (Kristen King, (ink)thinker blog, 5-8-07)
The Posner Plagiarism Perplex. Jack Shafer (Slate 2-11-10) on what to make of Gerald Posner's blog statement.
Someone Used My Research without Acknowledgement (Richard Labunski, History News Network, 5-21-12). Labunski details how another author, published by Regnery, claimed to have written the only work about the election of 1989, Madison, Monroe, and the Bill of Rights--but that he based most of of it on Labunski's earlier book and failed totally to credit Labunski, who was particularly upset that he failed to acknowledge Labunski's painstaking work compiling data about that election. The author didn't copy words, but he did steal the fruits of Labunski's labor and pass it off as his own. Maybe that's not plagiarism but it is intellectual theft.
A Tale of Self-Plagiarism — A Critic of Publishers Proves a Prostitute Is As a Prostitute Does (Kent Anderson, Scholarly Kitchen 9-14-11)
Elizabeth Hasselbeck Sued for Plagiarism--Accused of No Original Thoughts (TMZ, where you can view the letter from the lawyer)
Miami paper fires arts critic for reusing work (AP story, USA Today, 7-5-04)
To Catch a Plagiarist (Craig Silverman, Regret the Error, CJR, 2-19-10). There are tools to catch plagiarists in action. Why don't news outlets use them?
What Did Ian McEwan Do? (Jack Shafer, Slate, criticizes big-time novelists for saying 'Nothing wrong.')
Anti-Plagiarism Day (Jane Smith)
• I was unable to find a link to Trudy Lieberman's oft-cited long 1995 piece on plagiarism in the Columbia Journalism Review. Look for it in a good library – or, Dear CJR, please make it available online and tell me where to find it!
• Finally, not quite on the topic of plagiarism, but a kissing cousin:
The Shadow Scholar ("Ed Dante," The Chronicle of Higher Education, 11-12-10). The man who writes your students' papers tells his story. Ghostwriter of academic papers and homework tells how he makes a living writing papers for a custom-essay company and describes the extent of student cheating he has observed. Long, fascinating, and disheartening article.
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ProPublica Editor Paul Steiger Discusses Emerging Ethical Questions for Journalists (Mike Webb presents, on ProPublica 10-21-10). ProPublica’s editor-in-chief points out four issues facing journalists today: "the blurred line between presentation of fact and opinion; the quest for building a larger audience versus the need for journalism of substance and civic importance; the new business challenges facing the industry; and the need for greater transparency from news organizations." Says Steiger,"If we create business models that depend largely on page views, we should not be surprised if they drive publishers to favor content with a high prospect of 'going viral' over content that is primarily thought-provoking, or challenging, or discomfiting, or even educational."

Radio Host Has Drug Company Ties ran the headline on Gardiner Harris's story about Frederick K. Goodwin, "the latest in a series of doctors and researchers whose ties to drugmakers have been uncovered by Senator Charles E. Grassley. Goodwin, a former director of the NIMH and host of the popular public radio program “The Infinite Mind,” earned at least $1.3 million from 2000 to 2007 giving marketing lectures for drugmakers. The program's producer was unaware of the fees, report PR Watch.org and PR Web.



Right to Know Committee, the Association of Health Care Journalists' page of links. AHCJ is particularly concerned about health care organizations that restrict access to information about research simply because they want to control the news (often doing so in the name of HIPAA).

Scholarly Work, Without All the Footnotes (Arthur S. Brisbane, The Public Editor, NY Times, 10-2-10), on how a dispute about a Times Magazine article, Does Your Language Shape How You Think? by linguist Guy Deutscher, illustrates the differences between academic publishing and the popular press. Mainly: less credit to sources--and why not post those online?

The Shadow Scholar ("Ed Dante," The Chronicle of Higher Education, 11-12-10). The man who writes your students' papers tells his story. Ghostwriter of academic papers and homework tells how he makes a living writing papers for a custom-essay company and describes the extent of student cheating he has observed. Long, fascinating, and disheartening article.
For example: "I, who have no name, no opinions, and no style, have written so many papers at this point, including legal briefs, military-strategy assessments, poems, lab reports, and, yes, even papers on academic integrity, that it's hard to determine which course of study is most infested with cheating. But I'd say education is the worst. I've written papers for students in elementary-education programs, special-education majors, and ESL-training courses. I've written lesson plans for aspiring high-school teachers, and I've synthesized reports from notes that customers have taken during classroom observations. I've written essays for those studying to become school administrators, and I've completed theses for those on course to become principals." His earnings the year he is writing: $66,000 a year.
This topic was covered earlier and once over lightly in The Term Paper Artist by Nick Mamatas (The Smart Set, Drexel University, 10-10=08). Nick was also interviewed by NPR (The Paper Market, On the Media, 11-28-10).

Sunlight Foundation blog (making government transparent and accountable)


Truth, accuracy, accountability, and public trust

Journalism and the truth: More complicated than it has ever been (Mathew Ingram, Gigaom, 10-23-12). In the past, the truth about a social or political event was whatever the newspaper or the TV news said it was. But now that anyone can publish their views, the process of arriving at the truth is a lot more complicated — and even more important.
On CNN's Reliable Sources, Congressional Experts Ornstein And Mann Describe How Media Obscure GOP Extremism
Should The Times Be a Truth Vigilante? (Arthur Brisbane, Public Editor's Journal, NY Times, 1-12-12)
Who Controls the Story? (Margaret Sullivan, Public Editor, NY Times, 9-29-12) The New York Times draws a line on “quote approval,” but not everyone is convinced.
‘We are indeed less willing to agree on what constitutes truth’ (Clay Shirky, 10-17-12, part of a Poynter symposium on journalism ethics in the digital age , with other essays that will become part of a book on digital ethics to be published by Poynter and CQ Press.
Restoring trustworthiness to news (Craig Newmark, CraigConnects, cosponsor of the Poynter symposium on journalism ethics).
Storify's live blog from the October 2012 symposium
Coalition of the Shilling (Nathan Hodge, The Nation, 3-11-10). Nonpartisan think tanks are supporting journalism--but who's supporting the think tanks?
Accuracy in Media (AIM) (for fairness, balance, and accuracy in news reporting
FAIR (Fairness and Accuracy in Reporting, a national media watch group)
In journalism's crossfire culture, everyone gets wounded (Howard Kurtz, Media Notes, Washington Post 8-1-10)
Seattle attorney finds that the Internet won't let go of his past (Isaac Arnsdorf, Seattle Times, 8-15-08). What happens when inaccuracy stays alive and anti-censorship principles conflict with fairness?
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Watching the Media Watchdogs (Greg Mitchell, The Nation, 3-15-10). Highlighting the best and worst of current media (print, digital, and broadcast) several times a day. Twitterfeed: @​MediaFixBlog

Whistleblower protections


National Whistleblowers Center ('honesty without fear")
Office of the Whistleblower (U.S. Securities and Exchange Commission)
Whistleblower Protections (U.S. Department of Labor)
Whistleblower (Wikipedia's entry on the subject links to many interesting sites and explanations, including whistleblower protections)
West Texas whistleblower nurse acquitted, filing suit of her own (Christian Dem, Daily Kos, 2-11-10)
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WikiLeaks cables: Pfizer 'used dirty tricks to avoid clinical trial payout' (Sarah Boseley, Guardian UK, 12-9-10). Cables say drug giant hired investigators to find evidence of corruption on Nigerian attorney general to persuade him to drop legal action


Wronging a person through speech (Judaism 101 on Speech & Lashon Ha-Ra). "Gossip and slander are serious sins in Judaism. Judaism forbids causing any deception or embarrassment through speech. It is forbidden even if the statement is true. There are some exceptions that allow tale-bearing." And so on!

Websites, organizations, and other resources

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