Tag: First Amendment

Pointing and clicking is not enough

By Media, , ,

AFP photographer Emmanuel Dunard’s photo of a praying Aline Marie at a Newtown, Conn., church brings up an issue where many photojournalists and members of the public disagree. Marie considered her praying outside the St. Rose of Lima church on the night of the shootings to be a private moment. She says she “felt like a zoo animal” when she realized that a number of photographers from across the nation and world were photographing her. In this and other similar circumstances, photojournalists often seem to think that a good photo trumps a person’s privacy. Accordingly, they often hide behind the “I’m shooting from a public space” rationale to justify their actions. But the “public space” position is a legal argument – and one that most members of the public either do not understand or with which they disagree.

25 years of stifled student press freedom deserves attention

By Media, ,

I remember sitting with others lucky enough to hear oral arguments before the U.S. Supreme Court in the fall of 1987. It was an important case about educating young citizens, and the first that the court heard dealing with a high school newspaper. I also knew it mattered because the student newspaper is the voice of many young citizens in our public schools. My mistake. This wasn’t about the court’s earlier mandate that schools foster citizenship education. The Supreme Court said that 18 years earlier in Tinker v. Des Moines, and lower courts echoed this for two decades. But this Hazelwood v. Kuhlmeier case was not about educating free and responsible young journalists. It was about administrative authority. And power. And it obscured the Tinker assertion that students learn citizenship in part through practicing free and responsible speech in school.