In order to freedom of speech, the reporter also want to know the law

    Fu Jianfeng

    □ Southern Weekend editor, Guangzhou

    Slow but to social evolution

    To American as the representative of the Western journalistic professionalism, in domestic news practitioners have been careful research, communication and some experience. But based on the professionalism ---System American press law, apart from a few researchers know, most domestic news practitioners may know Liao Liao. Know, often also is an abstract contour, it is American First Amendment to the Constitution on freedom of speech and freedom of the press protection.

    But in fact, America journalism, America Press news professionalism, and America law is a very complex relationship. USA law has both high protection of the freedom of the press, but also on the abuse of the freedom of the press to restrict and punish. And, because of American is a case law country, these news law growth, are associated with a specific judicial precedent. So, if you have enough patience, can appreciate a series that went to watch, these laws, are in fact by those involved in the lawsuit, the reporter also influenced by individual media, media, tissue damage to discuss that, and for the services of a lawyer, and the nine Supreme Court justices, and the Senate lawmakers, through common complex interesting performances, finally completed. That is because these media influence and people in this impulse, justice of the inner through judicial precedent, in order to guarantee the freedom of the press, the cumulative limit the legal system and the news ethics system abuse of the freedom of the press. This is a slow but progressive social evolution process, and is still in the evolution of new conflicts by media.(Southern Metropolis Daily Www.nddaily.com SouthernMetropolisDailyMArkNandu network)

    I read "law reader" America media people, have this feeling.

    This is not a serious and terrible law book, but a related method America news story book. Because each law, with an American story, a kind of impulse correlation. And, is also a kind of Weiweidaolai style book, because the book is in fact the Jay B, Professor White classroom lecture finishing. Professor White served as the director of the legal department of the USA Institute of education of Journalism and mass communication, the author of "the first amendment and fourth rights" is in the media law textbook American University popular. Classroom lecture finishing is in the USA Syracuse University taught by Professor White Chinese reporter Sun Ying.

    "The fact that the malicious"

    Professor White didn't tell the Americans that the first amendment sacred unceasingly Constitution: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise; restrict freedom of speech or freedom of the press; or limit people's peace right to assembly and the right to petition the government." On the contrary, he is from a university girl by the reputation infringement story newspaper reporters began to speak. And then started to tell the girls how to find a lawyer, how to engage in a lawsuit, how to claim. You said that the character of Americans litigiousness can also, strive for right can also be, anyway, is this not worth mentioning impulse, accumulated into their legal systems of complex.

    So, America media although swift and fierce, but America readers are not to be trifled with, they often fight in court. The first amendment is very abstract to protect the freedom of the press, because many battles to implement the rooting, and grow a towering tree. This tree is one of the important branches is libel law system. You know, some officials in recent years like China, for libel, false accusation, grasping the reporters and outspoken of ordinary people, the most reach the peak of perfection than Xifeng county Party committee secretary sent the police to catch the reporter. This year, some enterprises to damage the business reputation of the reason for the police reporter, a few years ago and Foxconn to 30000000 yuan litigation request threaten journalists. The variety has, news reports are often shivering, in eight sides ambush in the minefield.(Southern Metropolis Daily Www.nddaily.com SouthernMetropolisDailyMArkNandu network)

    In American, break this minefield is from 1964 "New York Times v. Sullivan" has the transition. In this case, USA strict responsibility system on the media, that the plaintiff prove that this is "report published, the clearly signified, causing slander", the media must bear responsibility. But "New York Times v. Sullivan", set up a new condition, the plaintiff must prove your media with "fact, malicious", in order to win. When the plaintiff, generally defined in public officials and public figures who. This fact is malicious, the media must "know wrong information" or "ignores the facts" and published reports. Sullivan is a state police superintendent, for him, to prove the point than heaven also difficult. So, although he in state court proceedings have been trial, and sentenced to get $1000000, but the final court of nine judges to create "fact malicious" principle, finally let his wishes come.(Southern Metropolis Daily Www.nddaily.com SouthernMetropolisDailyMArkNandu network)

    After the case, the Supreme Court had "fact malicious" deduce acme, from the civil service to any published public issues are applicable. The Supreme Court's objective is to maximize the protection of the public free speech, the promotion of public discussion. But it may also lead to the abuse of the freedom of the press, gentz is such victims. In 1969, he because the agent with the criminal case was "American opinion" attacks as a conspirator. The Supreme Court held that the case does not refer to "fact, malicious" principle. So, after the case, America judicial return to the principle that should be "public figures" malicious or topic involving major "public interest". Through this process, American security, freedom of the press on the abuse of the freedom of the press, there is a dialectical and legal system of the doctrine of the mean.

    Slightly unfortunately, Professor White on the evolution of relationship between news occupation ethics and the judicial precedent, judicial principles, and no details. Perhaps the USA readers, this correspondence is natural, self-evident. The Chinese readers, to establish contact between the two, we can better understand the freedom of the press and news law America type.

    Establish the sense of social responsibility of media

    If let me add and related news ethics "New York Times v. Sullivan" era, free and responsible press without mentioning the America Committee for freedom of the press in 1947 published "". The report criticizes American media on the freedom of the press and media outlet: abuse, establish a sense of social responsibility. After more than 20 years, America libel is an important law system defines the freedom and responsibility from the legal dimension. America media can develop steadily, can say, perfect and the system of ethics and legal system is directly related to the.

    The development of media, a price of ordinary people, is the privacy may be more easily damaged. Professor White's lecture, the privacy tort can be divided into five kinds, such as published scandalous private information, the plaintiff in error from public view, the invasion of private homes etc.. Even if is the criminal's privacy, media also can't literally disclosure. In "Taylor v. KTVIn the case of B ", Taylor was arrested by the police, by the television station photographed naked light, and his genitals. The court thinks, exposing the genital belongs to the "lossy private information" decent, so television lose money.

    Is almost at the same time, USA occupation Journalists Association constituted an important ethical rules in 1966: the minimum the harm principle. "For those who may be affected adversely by news coverage sympathy. In the treatment of children and inexperienced sources or object, has special sensitivity "," when the interview someone in grief and the use of pictures, to be especially careful "," ordinary people than the public officials and the pursuit of power, influence and hope to draw others attention, have more right to retain information about yourself, "between" being told in the public rights and the criminal suspect is the right to a fair trial balance ", and so on, has become the basic principles. The establishment of these principles, is to press against the privacy law ethical response, on social responsibility. It should be said, the professional experience, is worth in the development of the domestic media reference. If practitioners put it into ethical behavior, should be able to reduce the amount of litigation.

    Other topics that show the book story, may also be China media practitioners interested in. That is American how to restrict the press and publishing, a fair trial and freedom of the press of the boundary in where, news of the privilege can have much big, evolution of disclosure of government information. Such as restrictions on the press and publishing, in America almost always unconstitutional. Although American legislative injunction, judicial injunction and administrative injunction, but seldom used, generally only "three Neal exception" can only be a ban on media reporting: endanger national security, obscene or incite violence to overthrow the government. But the Supreme Court is also wary of the abuse of the government on national security grounds like under the ban, published in 1971 New York Times The Pentagon confidential documents in the event, the justice minister, warned the newspaper, the reports to be banned, for violation of the espionage act. New York Times sue, a final decision by the Supreme Court is the state security "no imminent danger", so the ban is invalid. This fact is made applicable to the restrictions on the "three Neal exception".

    Throughout the book, what impressed me the most is, good governance is a complex and rational evolution. Those Americans use case to protect their own rights and interests, in fact in the unconscious to inquire the justice and liberty, the cumulative cases, promote the USA press and judicial progress. This is an elite and common people good effort, are indispensable.

    On the other hand, I also think that has common sense meaning of the legal basis for understanding the news in this book. So the book named "journalistic professionalism of law" America reader, perhaps more implication.