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  • Mass. Media Law
    by: Don R. Pember
    Published by: The McGraw-Hill Comapanies, Inc. 2001

    Acceptable Criteria Applied To Censor High School Newspapers Produced As Part Of Journalism Class

    • Stories or photos that materially and substantially interfere with the requirements of appropriate school discipline.
    • Material that interferes with the rights of students.
    • Material that fails to meet standards of academic propriety.
    • Material that generates health and welfare concerns.
    • Matters that are obscene, indecent, or vulgar.
    Who is a limited-purpose public figure?
    • Limited-purpose public figures normally must voluntarily step into the public spotlight.
    • A limited-purpose public figure is someone who plays a role in the resolution of an important public or social issue.
    • There must have been some attempt by the individual to infuluence public opinion in the resolution of this issue. Usually this implies access to the mass media.To Win A Libel Suit A Plaintiff Must Prove:
      • The libel was published.
      • Words were of and concerning plaintiff.
      • Material is defamatory.
      • Material is false.
      • Defendant was at fault.
      Tips On Avoiding A Libel Suit Based On Statements Of Opinion
      Journalists can take steps to avoid such a lawsuit in the first place. Mass media attorney David Utevsky suggests the folling:
      • When stating an opinion, try to make certain it is understood as such. But remember the words "in my opinion" don't change a statement of fact into protected opinion.
      • Don't rely on journalistic context to protect you. Just because the libel appears in a review or column or a commentary does not mean a court will regard it as opinion.
      • Make certain the facts are true. If there is a dispute about the fact, refer to both sides of the dispute when stating your opinion.
          Tips On Gathering News and Trespass
          Kent Middleton makes the folling observations in the Pepperdine Law Review:
          • The person who is in possession of the property can give consent to a reporter to enter the property. It doesn't alway have to be the owner; a tenant of a rental property, for example, can give consent.
          • A property owner who gives consent to a public officer to enter the property is not automatically giving consent to reporters who accompany this official.
          • Implied consent is an illusion more often than a reality. For example, the failure of a homeowner to object when reporters enter the home with police cannot be assumed to constitute consent, especially in tense or disorienting circumstances.
          • Finally, a government official who legally enters property in an emergency lacks the authority to invite journalists or others to enter the property.