Literature Review: Computer-assisted journalism

Literature Review

Computer-assisted journalism, or CAJ, refers to the use of computers in new gathering.  CAJ is an umbrella term since a majority of journalist’s jobs will be filled under this term.  The central theme is the use of computers to gather and analyze the information in order to complete the news story.  From reporting, research, reference, reconnaissance and rendezvous are necessary for newsgathering it is necessary to understand this functions to accomplish some of the tasks. 

            The umbrella term breaks down into five subcategories: Reporting, Research, Reference, Reconnaissance, and Rendezvous.  Reporting under CAJ is associated with traditional reporting techniques, such as gathering information through interviews.  “The skill sets of computer-assisted reporting refer to translating these journalistic functions to working with records and data” for analysis and uncovering hidden stories (Paul & Hansen, 2007, p. 2). Research within CAJ refers to use of a secondary source in combination with reporting to create a complete news report.  Reference is the “quick facts, spellings, definitions, and statics that add color or detail to your reporting” (Paul & Hansen, 2007, p. 4).  In other words, it double-checking the facts within the news report prior to publication.

Reconnaissance is remaining up-to-date with any information available in reference to the news report.  According to Paul and Hansen (2007), “Savvy reporters realize that the alert services, personalized news, and RSS feeds available on the Internet are excellent resources for keeping up on what is happening” (p. 4).  Rendezvous is associated with the virtual communities found online.  In sense it is another way to network information in regards to news reports, seek advice, listen in, and discuss topics with others within the field. 

While computer-assisted journalism appears to provide a variety of ways to improve on news reporting and organizing the information, there are some limitations with computer-assisted journalism.  For example, under Research, it is limited to the newest information.  There may be press releases discrediting the information previous gathered.  If reporters are not up to date in the latest information they will lose their jump on a story.  While some are easier to learn, it is not something that may be useable for each news story.  It seems the usage will vary depending on the story being covered.  While it is help to gather the databases for future references, the topics can be change based on the latest information. 

Reference

Paul, N., & Hansen, K. (2007). Computer-Assisted research: Information strategies and tools for journalists. Columbia, MO: Investigative Reporters and Editors, Inc.

Investigative Reporting Skills

Investigative reporting skills require in-depth and thoroughly researched material in order to create valid and creditable stories for the general public.  Investigative reporters begin with a hypothesis with an open mind, since stories can lead to different results after putting in hours of research.  According to Houston (2009), “The best investigative journalists collect both supports and contradictory evidence for a story.  They then weigh carefully what the evidence shows” (p. 4).  While the leg work may be considered tedious to some, the end result is an informative story that will appeal to the general public.  Taking the time to research and discover the truth behind a story allows for future opportunities not necessarily discovered when the original topic was approached.  It is important to have the physical evidence to prior to interviews and aid in developing questions associated with the story.  The background information is just as important as ongoing coverage.  It is even possible to uncover other stories while researching, something that may have been missed.  “The search for investigative ideas is ‘unending…Ideas can come ‘from anywhere’-legal advertisement, estate sales, bankruptcy notices, transfers of business executives, company and professional newsletters” (Houston, 2009, p. 10).  The key to investigative reporting is curiosity with an open mind, where the rabbit hole may take journalists and led to stories never discovered before. 

            Based on this understanding, it is clear to be how investigative reporting skill can help with writing a story.  Being able to provide the correct information on a story allows for accurate reporting and most importantly ensuring the public is fully aware of the facts that lead to the truth.  If reporters are not able to validate a source of information it could led to misunderstanding and misrepresentations.  The reputation of a reporter is one of the key points to gaining the trust of the public for providing creditable information.  If reporters take the time to research the past and present topic it can also led them to develop a future coverage.  Investigative reporting skills are necessary to ensure journalists are providing the best information possible. 

Reference

Houston, B. (2009). The investigative reporter’s handbook: A guide to documents, databases and techniques (5th). Boston, MA: Bedford/St. Martin

Libel

            Matt McCarthy published a book regarding his experience with the Angels’ minor league; he stands by the content claiming his proof is in his notebooks.  Yet, many of his teammates do not agree with his perspective of the team, rather they have spoken out against the errors and fabricated information.  “I’ve gone through it multiple times,” Kotchman says. “In so many places it’s just flat-out wrong or fabricated.”  (Davis, 2009).  Kotchman and many teammates may have a libel case is they are able to prove the information published is false.  Since McCarthy published his version of the truth into a book, Kotchman and fellow teammates have one proof of proving libel.  “Odd Man Out” was published in 2009 and ranked #29 on the New York Times best seller non-fiction list, proof that one or more people read the publication. “McCarthy wasn't even smart enough to limit himself to lies that won't get him sued. Several of the disputed anecdotes are downright actionable.”  (Bercovici, 2009).  The material found in the book, range from racial implications to the team manager urging steroids on players and ordering a pitcher to hit a batter. 

            Since many of the individuals mentioned in the book claim much of the information is false, McCarthy is a waiting libel suit.  According to Pember and Calvert (2013), “in a libel case the plaintiff bears the initial burden of proof.”  Even with Kotchman and a few other claiming the information in the book is false, they must be able to prove McCarthy’s account is incorrect.  Just claiming it is does not provide enough proof the information is false, the possibility that the information may contain some truth is reasonable enough.  “Some of this is true, and some of it is made up,” said Alex Dvorsky, McCarthy’s catcher that summer.” (Hill & Schwarz, 2009).  How much of the information is true and false seems to depend on those who were named as committing immoral actions or abuse.   However, not everyone remembers the actions and events as McCarthy wrote, Adrian Goas claims “I thought to myself that I must have been on a different team than he was.” (Hill & Schwarz, 2009).  Another player states the publication will have a negative impact on his career.  Pitcher Blake Allen states that a portion of the book where he admitted to faking his injury so he could “just sit back and cash the checks,” which appeared in the Sports Illustrated excerpt, could seriously affect his life.  (Hill & Schwarz, 2009).

            It seems overall, there is a case for libel is the plaintiff in the case are able to prove McCarthy’s account is false.  All they must do is provide the facts during the time McCarthy was with the team.  Many reporters have looked into the allegations presented by McCarthy; so far they have been able to provide any truth behind the claims.  .  “In Texas, the elements of a defamation claim are publication of a statement; that was defamatory concerning the plaintiff; with the requisite degree of fault.”  (Texas Defamation Law, 2008).  Texas state laws are similar to the laws on a national level, the possibility is still open for McCarthy to be found guilty of libel if the plaintiffs of the case provide enough evidence that the information presented in the book are false.

As journalists we are responsible for providing the facts as we discover them.  In this case, the story would center on discovering whether or not the accounts written by McCarthy hold any truths in them.  However, journalists would also be open to a lawsuit if they print false information without double or triple checking their sources.  Since libel is by definition false, if a journalist reports something as the truth then is not libelous, even if the article damages the person’s reputation.  The truth is a reporter’s best defense against a libel suit.

References

Bercovici, J. (2009, March 3). Another Phony Memoir -- This One with Lawsuits? Retrieved August 20, 2014, from http://upstart.bizjournals.com/companies/media/2009/03/03/another-phony-memoir-this-one-with-lawsuits.html?tid=true

Davis, D. (2009, March 13). 'Odd Man Out' author Matt McCarthy's accuracy is questioned. Retrieved August 20, 2014, from http://articles.latimes.com/2009/mar/13/entertainment/et-matt-mccarthy13

Hill, B., & Schwarz, A. (2009, March 2). Errors cast doubt on a baseball memoir. The New York Times. Retrieved from http://www.nytimes.com/2009/03/03/sports/baseball/03book.html?_r=3&

Pember, D. R. & Calvert, C. (2013). Mass media law (18th ed.). New York, NY: McGraw-Hill.

Texas Defamation Law. (2008, August 19). Retrieved August 20, 2014, from http://www.dmlp.org/legal-guide/texas-defamation-law

Socially Accepted Speech

            The First Amendment is often tossed around to aid in allowing individuals the freedom to express their views on several subjects. Free speech was created for the purposes of permitting anyone to express their concerns about their government. (Pember & Calvert, 2013, p. 35)  We enjoy the ability to express ourselves; but we often cross the invisible line of what free speech is.  We take our freedom to the extremes, even if it comes off as rude or hateful comments.  The social value of the meaning “free speech” needs to evolve with our technology.  Cyberbullying and spreading rumors about individuals can raise issues for both parties involved. For example, when addressing students creating groups to discuss the dislike or like of a professor on social media website, did it fall under the First Amendment?

I believe it did.  “It was an opinion of a student about a teacher, that was published off-campus, did not cause any disruption on-campus, and was not lewd, vulgar, threatening, or advocating illegal or dangerous behavior.”.  (Kravets, 2010) The student was within their right to express their feelings regarding the teacher.  Students may not agree with the teacher or if they are not presenting themselves in a professional manner.  What was the teacher doing to cause the student to create a group?  The First Amendment allows this type of criticism, yet there is a fine line some individuals will cross and grab hold of as freedom of speech

            When looking over the two other cases listed and locations of Myspace accounts, I do wonder why one is acceptable and the other was not.  If we take the consideration that both situations open the students up for defamation suits, then is it possible both students are wrong? To openly create false profiles could cause parents to wonder about the principal and any punishments handed out.  Rumors spreading across the campuses are possible whether it is a beer or the sexual lifestyle outside of school grounds. 

            Journalists rely on the freedom of the press and speech when producing stories, allowing us to provide credible information to the public.  If one source creates a rumor and as journalists we spend our time trying to back up the information, where that could lead their stories?  Freedom of speech does not mean giving an individual the right to provide false information about individuals or even create false backgrounds; it allows us the right to voice our concerns. 

References

Kravets, D. (2010, February 14). Student’s Facebook Tirade Against Teacher Is Protected Speech | Threat Level | WIRED. Retrieved August 14, 2014, from http://www.wired.com/2010/02/student-facebook-tirade-against-teacher-is-protected-speech/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:%20wired/index

Pember, D. R. & Calvert, C. (2013). Mass media law (18th ed.). New York, NY: McGraw-Hill.

Freedom of Speech

            In the state of Massachusetts there is a law banning protestors within 35 feet of the entrance of abortion clinics.  The law was introduced after the fatal shootings of two staff members at abortion clinics in Brookline in 1994.  However, Eleanor McCullen claims the yellow line found outside some clinics to be “intimidating, frustrating and a violation of her First Amendment rights.”  (Liptak, 2014).  She continues to describe how the line prevents her from reaching women who she could help.  The state’s attorney general, Martha Coakley, claims the 35-foot buffer zone is necessary in response to an ugly history of harassment and violence at abortion clinics in Massachusetts. McCullen claims she only has just moments to try to make contact before she has to pull back.  According to Pember and Calvert (2013), “the word speech in the First Amendment sometimes (but not always) encompasses and includes conduct, not simply what we might think of as pure speech, such as written, printed or spoken word or image.”  (p. 43).

            Based on the issue at hand, the law does violate their First Amendment rights; nowhere does it state the freedom of speech is only within a certain area or distance.  Eleanor McCullen does have a valid point about her freedom of speech and protest. Under the time, place and manner restrictions, the law must not constitute a complete ban on a kind of communication.  By banning protestors from reaching women entering the clinics, they are unable to communicate to them and offer aid.  “The government does not have the ability to decide that its public sidewalks are open for speakers on one side but not speakers on the other side,” claims Mark L Rienzi.  (Liptak, 2014).  So long as they are not preventing women from entering the clinics, but only offering aid in another form in a peaceful manner, the banning should not be held.  It is understandable to want to protect the clinics from harm, but a balance is needed in order to protect protestors First Amendment rights and the safety of patients and doctors.  “The protections of the First Amendment do not evaporate the closer one comes to an abortion clinc.  Access must be protected; so must speech.”  (Liptak, 2014)

References

Liptak, A. (2014, January 12). Where Free Speech Collides With Abortion Rights. Retrieved August 12, 2014, from http://www.nytimes.com/2014/01/13/us/where-free-speech-collides-with-abortion-rights.html?_r=0

Pember, D. R. & Calvert, C. (2013). Mass media law (18th ed.). New York, NY: McGraw-Hill.

Regulations

            After reviewing the information on the FCC website, I began to wonder what was not being said.  According the FCC (2010), they “regulate interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the District of Columbia and U.S. territories.”  The FCC is directed by five commissioners who are appointed by the President and confirmed by the Senate.  The president also selects one to serve as chairman.  The current chairman, Tom Wheeler, has a background in all types of communications and telecommunications over the years.  Each additional member has experience in some type of media over the years.  However, their bios do not give much away other than their accomplishments, their length of terms and positions on different areas of communication.

            Ajit Pai, a Republican, focuses on creating a regulatory environment in which competition and innovation will flourish, thus benefitting consumers.  Even though he stands for private companies, he does take a stand against the government controlling the information released to the public.  “The government has no place pressuring media organization into covering certain stories.”  (Pai, 2014).  Many Americans are not aware of what they want to watch, or how the stories truly impact them.  “News organization often disagree about what Americans need to know,” states Pai.  As a Republican, Pai, still stands for private firms developing new methods for consumers, yet refuses to accept a government controlled media. 

            The policies and rulings are determined by majority rule.  The FCC is 3 Democrats vs. 2 Republicans, although each will have their own reasoning behind their voting.  At the moment it seems the policies and ruling still seems a little guided.  Tom Wheeler, who was appointed by President Obama, seems to be losing favor when it comes to net neutrality. “The president said an open Internet will allow for "the next Google or the next Facebook" to enter the arena, and succeed. FCC Chairman Tom Wheeler has said that he, too, opposes paid prioritization -- but critics argue that his proposal will create just that.”  (Alman, 2014).

            In truth, each member has their own positions on what they wish to accomplished and are influenced by their background, political positions and finical invests.  It is hard to state clearly where the end result will be without carefully monitoring their rulings and policy making.  We will not realize who benefits from those policies until it is too late.

References

Alman, A. (2014, August 6). Bold Obama Stand Shakes Up Net Neutrality Debate. Retrieved August 7, 2014, from http://www.huffingtonpost.com/2014/08/06/obama-net-neutrality_n_5655862.html

Federal Communications Commission. (2010, November 15). Federal Communications Commission (FCC). Retrieved from http://www.fcc.gov/

Pai, A. (2014, February 10). The FCC Wades Into the Newsroom Why is the agency studying 'perceived station bias' and asking about coverage choices? Retrieved August 6, 2014, from http://online.wsj.com/news/articles/SB10001424052702304680904579366903828260732

Versus

Five Sources of Law

August 6, 2014

Within the United States there are several known sources of law: the U.S. Constitution and states constitution; the common law; the law of equity; the statutory law; and the rules of various executives.  According to Pember and Calvert (2013), “law to be a set of rules that attempts to guide human conduct a set of formal, governmental sanctions that are applied when those rules are violated.”  (p. 2).  Even though there are several sources of law, not all of them will provide protection or aid to those in journalism, communication or mass media. 

In common law, or judge-made laws, is arrived to a conclusion based on previous courts precedent.  This would be an issue for those in journalism, communication or mass media because the conclusion reached by the judges will generally base on previous cases.   If similar cases did not reach a decision a journalist is seeking, then it would aid them in any way. For example, publishers and distributors of offensive communications have been treated different from other publishers.  (Trager & Russomanno, 2010, p. 20-21).

            Another law that would not benefit journalism is Equity law because the laws created by judges are based on case by case.  Generally, the laws created by judges apply principles of ethics and fairness, rather than specific legal rules to determine the proper remedy for legal harm. Even though, it can also benefit those in journalism, mass media or communication, it will depend on the case how the judge applies ethical reasoning.  For example, “judges will award a restraining order against reporters who are trying to intimidate child celebrities.”  (Trager & Russomanno, 2010, p. 20-21).

            The constitutional law is one set of laws that establish the nature, function and limits of government.  It is the U.S. Constitution that provides the most aid to journalism, communication, and mass media.  It provides us with our freedom speech and basic human rights.  In comparison to state constitutions which are approved and changed upon with a direct vote of the people, the federal constitution is more difficult to change.  State and federal constitutions provide the protection for freedom of speech and freedom of press.  State constitutions may provide more rights to their citizens and to the press, since it is able to provide more protection if necessary.  This is a main benefit of constitutional laws is it aids in providing media of any kind the freedom to speak and provide the public with information.

            In each source provide there are some benefits, but there are some issues as well.  Depending on the cases given to the ruling judge, such as in common and equity law, it can either hinder a journalist or provide aid.  The constitutional law provides the most benefits for those within the media realm.

References

Pember, D. R. & Calvert, C. (2013). Mass media law (18th ed.). New York, NY: McGraw-Hill. p. 2

Trager, R., & Russomanno, J. (2010). Sources of Law. In The law of journalism and mass communication (Revised/Expanded ed., pp. 20-21). Washington, D.C.: CQ Press.