Chapter 6, Privacy

Memo

 

To: Communications Laws & Ethics Students
From: Isaiah Bradford
Subject: Chapter 6, Privacy

Since the inception of the United States in the mid 1700’s American have had concerns with privacy. Because of this this US government enacted the Fourth Amendment, which protects “the right to people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.”

A major component to privacy in various states includes false light, a privacy tort that involves making a person seem in the public eye to be someone he or she is not. When a plaintiff files a violation of privacy suit many factors must be considered including publication, identification, falsity, highly offensive, and fault.

Defenses against a plaintiff’s case include appropriation, or using a person’s name, picture, likeness, voice, or identity for commercial or trade purposes without permission. Other defenses include commercialization and right of publicity.

Famous cases involving privacy include Kareem Abdul-Jabar v. Oldsmobile, Rosa Parks v. Outkast, Rick Rush v. Tiger Woods, and Cox Broadcasting Corp v. Cohn.

Another major factor in privacy laws is intrusion, which is defined as physically or technologically disturbing another’s reasonable expectation of privacy. Often times we will hear this term in suits filed by celebrities against the paparazzi.

The relation between the Fourth Amendment which fights for privacy and the First Amendment is difficult aspect for the courts to navigate in these cases. Especially in cases involving public figures it is hard to decide what is considered “private” matters and which are free game for the press to report on. One star who is struggling with this issue is reality tv icon Kim Kardashian, who last year gave birth to a daughter with Kanye West. The couple has been fighting to create laws protecting celebrity children from the dangers that come along with the paparazzi.

 

Chapter 4, Libel

Memo

 

To: Communications Laws & Ethics Students
From: Isaiah Bradford
Subject: Chapter 4, Libel

Chapter two discusses the plaintiff’s right to file a libel suit.  Libel law is meant to protect an individual’s reputation. Human history has shown that individuals value their reputation because it is so heavily associated with the ability for that person to participate in societal and economic life.

Libel can be traced back to the execution of Socrates in 399 BC. Libel or slander can be a false accusation that results in the humiliation of its victim. Often times those who file libel suits seek damages from the defendant. Damages are monetary compensation that may be recovered in court by any person who has suffered a loss or injury.

Libel cases can contain an array of elements including republication, vendors and distributors, online libel, unknown publisher, identification including that of groups and in fiction, defamation, falsity, implications and innuendos.

Ultimately the defendant is ruled either at fault or not. If they are at fault the judge has determined that the defendant is guilty of the alleged libelous acts and damages will be determined.  

An important determining factor in ruling on libel cases is actual malice, which statements are made knowing they are false or with reckless disregard for its truth. For malice to be present the defendant must have had knowledge that the information they had given was false.

Many famous libel cases have involved public figures, who have required the law to create new approaches to these cases because of their special circumstances.

Famous libel cases include Oprah and the Cattlemen, New York Times v. Sullivan, Masson v. New Yorker Magazine, and most recently Tom Cruise v. US Weekly.

Chapter 3: Speech Distinction

Memo

 

To: Communications Laws & Ethics Students
From: Isaiah Bradford
Subject: Chapter 3, Speech Distinction

In a post-9/11 America speech distinction has become an important topic within the US government. Subjects including the burning of the American Flag, and promotion of terroristic or violent acts clearly are not covered under the first amendment. In 1919, Justice Oliver Wendell Holmes enacted the Clear and Present Danger Doctrine, a doctrine that established restrictions on first amendment rights will be upheld if they are necessary to prevent an extremely serious and imminent harm.

In other words, first amendment protections are not absolute. Protecting national security is a sufficient concern to outweigh speech protection under certain conditions, including times of war.

This chapter also discusses speech assaults which include things like: offensive speech, fighting words, hate speech, current stand, and intimidation and threats, each of which is treated differently in the court of law depending upon the circumstances. Other major themes discussed within the chapter include speech in schools and speeches on religion, both of which are highly complicated and hinge on the intent of the language and level of threat associated to what is said.

A nice summary of the chapter are words by Justice William Brennan, which were written for the supreme court;  If there is a bedrock principle underlying the first amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive of disagreeable.” 

Chapter 2 Summary: The First Amendment

 

Memo

 

To: Communications Laws & Ethics Students
From: Isaiah Bradford
Subject: Chapter 2, the First Amendment

According to the text, Freedom of Speech in the United States of America at minimum stands against government restraints on speakers or the press. In 1931 it was ruled that the US government may only place prior constraints under very few circumstances including:
 

• Obstruction of military recruitment
• Publication of troop locations, numbers, and movements in time of war
• Obscene publications
• Incitements of violence
• Forcible overthrow of government, or
• Fighting words likely to promote imminent violence

However keeping these few exceptions in mind, the chapter makes it clear that the First Amendment has evolved since its creation in 1791. Over the past two hundred years the Supreme Court has interpreted it as a means to achieve specific social functions or advance fundamental values in the United States while still protecting the dissemination of harmful information via speakers or the press. 

The Pentagon Papers Vs. WikiLeaks

 

The similarities between the Pentagon Papers scandal of the late 1960s and early 1970s and the 2010 WikiLeak debacle are undeniable. Both deal with the leaking of top secret United States government documents that ended up splashed on the cover of every major newspaper in America, most notably the New York Times.

After working for the US government as a “war thinker” for several decades, Daniel Ellsberg began to identify a pattern that lead to the Vietnam War. According to documents that were later released via the NY Times since the Eisenhower Administration was in office US Presidents had been quietly plotting to attack Northern Vietnam for quite some time, after attacking blame was placed on N. Vietnam when the US Government claimed American naval ships had allegedly fired at by Northern Vietnam torpedoes. Ellsberg felt the secrets the government had been keeping were doing the American public a disservice. Ellsberg eventually leaked the documents to the New York Times and various other national newspapers. The leak helped end the unnecessary Vietnam War, lead to the impeachment of President Nixon, and new rulings on what the press could release in regards to secret documents.

The WikiLeaks scandal began in 2010 and was headed by an Australian man named Julian Assange. After allegedly receiving thousands of secret government documents from a military correspondent named Bradley Manning, Assange began to post the documents on a website he created called WikiLeaks. The documents covered everything from the Iraq war, US Diplomacy, and US relations with several countries around the world. “It was overwhelming and embarrassing [for them]” said The New York Times Editor and Chief, Bill Keller. The NY Times and several other US newspapers ran several front page stories from these documents over the next year.”It’s the government’s job to keep their secrets, it’s not our job to do it for them” Keller went on. Assange allegedly leaked these documents as a form of rebellious anarchy but eventually became a symbol of the fight for Transparency in the United States government.  Instead of ignoring the leaks the US Government publicly stated their displeasure for the leak of certain documents claiming the leak of this information would put national security at risk.

The similarities in these two stories are not simply that government documents were splashed on major newspaper covers all over the world, but rather that the American public demands transparency in our government. Several ethical questions arose in both scenarios when the New York Times was considering running these shocking stories. Are these documents real? Are they of public interest? These are just a few of the questions editors had to ask themselves before ultimately deciding that it is their duty to inform the American public of what’s going on behind private government doors and how it affects their lives.

A visit to the Black Hawk County Jail

On February 11^th a University of Northern Iowa Laws and Ethics Communication class had the privilege to see life from the eyes of those behind bars.  The tour was led by Sherriff Tony Thompson who has spent an impressive five years in his publicly elected position.  The experience was eye opening for the students, of whom I was one of many. Although I have had experience in a jail facility in my younger days it was eye opening to see the institution from the perspective of a seasoned criminal preparing to do hard time.
The Black Hawk County court and jailhouse facility located in downtown Waterloo, Iowa is an intimidating place. The multistory brick building is surrounded by the county courthouse and police station. Upon parking in the parking lot it seemed to be the norm to look any which way and not see a squad car. The jail houses up to 272 inmates, many of which looked to be African American men. According to Sherriff Thompson a larger percentage of recently booked inmates were in facing burglary charges. The jail house is currently holding more felons than ever, including four individuals facing murder charges. The Sherriff made it clear that once an inmate is incarcerated all privacy is lost for that individual other than the US mandate for the right to privacy between attorney and client. For this reason the inmates stick to a strict schedule that begins with them waking up at 6:30 am. After cleaning their cells and selves they are given breakfast. From there some are transported downstairs to the in-house courtroom where many futures are decided before an Iowa judge. Others go on to play cards, socialize, and tend to visits. Beyond that the men are fed two more times a day before lights out in preparation to do it all again the next morning.
The individuals behind bars cannot extend their stay beyond one calendar year according to state law, unless that person is being held prior to being convicted at trial. The stay is not a free ride for the incarcerated either. Prior to release inmates are required to sign a legally binding contract stating that they will reimburse the jail $70 per a day for their stay at the facility. This contract was actually the brain child of Sherriff Thompson after realizing the jail could sustain itself off the profits made by the convicted alone once these contracts became mandatory. However people are not charged a bill until after they are convicted of whatever crime they are being held on. Many times this process has been said to help as an incentive for the on average 90% of inmates who revisit the jail to avoid another visit. It is also a way to avoid putting tax dollars toward funding the incarcerated.

The tour was led by Sherriff Tony Thompson who oversees over 135 deputies an impressive $13 million budget. He spoke about scandals the department had encountered over the years including the July 2013 suicide attempt of peregrine financial group CEO Russell R. Wassendorf, The murder of Deputy Tom Nichols daughter, and an inmate’s escape.
Thompson was an informative ally on the journey through the facility. As communications students we asked the Sherriff, “How does your department feel about the media?”
The media is like a watchdog of the justice system. We need the media. The media helps us inform the public which can often lead to leads.” Thompson responded.
All in all the experience was educational and intimidating. Being a college student standing gazing at people who have been alleged to have committed such heinous and moral-less crimes made me realize that I could have easily been one of them. Inevitable it makes you analyze the choices people make and why they make them. Thankfully I’ve made choices that allowed me to be in the position of observing that day rather than being observed

Ed Thomas Victim Impact Statements

Todd Thomas (Victims Son):

“When faced with adversity or faced with anything throughout our lives, we have the power to choose which road we are going to take. And as we make these choices, we need to be prepared for the consequences that may follow. Dad has been preaching this message for as long as I can remember, and I know that you, mark have learned this lesson.”

This quote stood out to me because it sums up the fate of Mark Becker, the feeling of loss for the friends and family of Ed Thomas, and the animosity that Todd Thomas holds toward Becker all in one statement. The ever-caring Ed Thomas clearly instilled values in his son that he held on to into adulthood. As a Christian man, Todd does the right thing not in wishing bad upon Mr. Becker, but instead reminding him that was indeed Becker’s own actions that landed him where he is today. The realization of this by Todd is profound to me because he at the core of it all was able to find peace among the chaotic circumstances surrounding his father’s death in words that his father had said to him when he was young. It is truly touching and saddening.

Greg Thomas (Victims Brother)

“Ed always talked about choices to the young people he impacted on a daily basis. He constantly talked about how it is completely up to each person what they choose to do. Ed was living proof that you can make the right decisions and live your life the way the good Lord wants and expects us to live.”

This quote was particularly touching because of the emotional aspects leading up to and following it, Greg explains how his elder brother of 18 years overcame growing up in an abusive alcoholic household and taught many valuable life lessons. The most valuable of the lessons was that life is what you make it depending on your choices. By doing what you know is right and having faith everything will be okay. This quote was exceptional in that Greg recognized that his brothers purpose on this earth was in fact to encourage, motivate, and inspire. Essentially his position as a high school coach was encoded in him from birth because that was just his character. He was a genuinely good man and his brother will miss that most.

Teresa Morrison (Victims Sister)

“My oldest son had been elected to play in the Shine Bowl Game in 2009. I knew Luke was really hurting that Ed wouldn’t be there to watch him play.”

This quote shows the impact that Thomas had on people of all ages. From his high school alums all the way to young children Thomas had influenced kids of all ages to follow their dreams. To me this quote shows what an extreme loss the Parkersburg community in its entirety was feeling after he was slain. To know that a man who truly had touched so many including our youth who today can be perceived as out of control in some aspects.

Jan Thomas (Victims Wife)

“June 24, 2009 started like any other day. Ed left early that morning to open the weight room, just like he had done thousands of times before. Before my workday even started- I received an ambulance call for a gunshot. Even then I didn’t imagine it was an actual deliberate shooting..”

The sorrowful words of Jan Thomas are enough to bring any red-blooded human to tears. Her recount of the morning leading up to the shooting is rather matter-of-factly stated. She said the words with such ease, comfort, and security. It was clear that these were things she felt being married to Ed. The statement shows again how Ed was a straight shooter and how valued he was in each person’s life he knew. To know that this is the last time she would she her husband is disheartening. It is however somewhat of a comfort to know that her last memory of her late husband is symbolic of all the deeper emotional influence he provided her throughout their marriage. Love, ease, comfort, and security. I pray that she is able to find these things following his death.

Eli Thomas (Victims Daughter-in-Law)

“I tried to remain calm because our three little boys were home and I didn’t want to scare them. That day changed the course of their lives forever. That day I had to tell my three little boys that Mark Becker had shot their grandpa, whom they loved and adored.”

The story of Ed Thomas was often reported as a community loss. He had influenced so many from childhood, and the people of Parkersburg had become accustomed to seeing Thomas under the Friday night lights. However at his core Thomas was a family man. He helped raise his younger siblings, then got married and raised his own children. Now Thomas was influencing his young grandchildren, but unfortunately their lessons got cut short. It was again saddening to imagine a mother telling her children that the man who read them stories, taught them to play catch, and was one of their biggest fans was no longer here to do those activities with them. Unfortunately the lesson that they took from this situation would be that sometimes good people go too soon.

Susan Reynolds (Victims Sister)

“Your greatest punishment will be when you have to stand before the Lord on Judgment Day and give an account for your actions when you killed Ed Thomas. Our Lord is a forgiving Lord and merciful Lord. I only pray that you seek God’s forgiveness and that your soul is not lost Mark.”

It was endearing to see that the Thomas family’s faith was the key thing getting them through the trials and tribulations that came along with the Mark Becker case. Even though Becker mercilessly took Ed’s life, Thomas’ sister still somehow finds strength in her faith in finding peace with the situation and forgiving her brother’s murderer. The references to our Lord and Savior Jesus Christ seem to be a common theme throughout the victim impact statements of the Thomas family. It is comforting as an onlooker to know that this family may be able to find a light at the end of the dark tunnel that Becker unfortunately led them in.

Aaron Thomas (Victims Son)

“I vividly remember talking to my dad on the phone as he was disappointed that Mark and one of his classmates would have to sit out as he really believed they had a chance to be very good that fall. T also remember telling my dad he should not let them back on the team as he did not represent AP football or what my dad stood for. I remember my dad defending Mark saying he needs football and that he will come around and that he wouldn’t quit on him.”

This final statement by Ed Thomas’ son is telling of his character. At Ed’s core he was a Christian man. He had faith in everyone and worked to make the world in a better place. The fact that he, outside of work carried the burdened of his students on his shoulders by taking their problems on as his is amazing. Ed was the type of man to not rest until he helped everyone. Sadly that faith in humanity ultimately cost him his life.

A Conversation with an District Court Judge of Iowa

On the evening of January 21^st, 2014 Judge Dave Staudt, an Iowa District Court Judge, sat down with a University of Northern Iowa Communication Laws and Ethics class to discuss his views on everything from his views on sentencing as a judge, social media and the law, how judges view the media in the courtroom, and even one of the more high profile cases he’s been involved with. Here’s some of the highlights from Judge Staudt’s visit to a UNI classroom.

Sentencing
Once a defendant is found guilty and it comes time to sentencing Staudt says every case is different. “You have to look at the case and think: is this person a threat to society? Can they be rehabilitated?” In other words it’s situational. You cannot ethically sentence someone to 2 years in prison for stealing a piece of gum and give a convicted rapist self-monitored probation. An individual’s criminal history, the severity of their crime, and possible plea deals must all be considered prior to sentencing. Staudt recommends to anyone who finds themselves charged with a crime initially pleads not guilty as it buys the defendant time to strategize a defense prior to going to trial. Because the importance of language is so important in the law it is imperative that defendants and their lawyers alike take the time to educate themselves on how different laws are worded in hopes of discovering a technicality that would cause a dismissal of the charges.

Social Media and the Law
Staudt went on to describe how social media is affecting the justice system. He described how the Facebook is often referred to in many court matters. He emphasized that deleting things like status, and tweets are inevitably pointless as these companies have servers that store every message uploaded to their servers. If necessary the justice department can subpoena these deleted records from the storage servers to present as evidence in a trial cases. Staudt also discussed a similar situation involving text messages as often times perpetrators delete text incriminating text messages thinking they will be gone forever when in actuality they too are stored on serve accessible by the authorities. Even apps built to delete evidence, like SnapChat, have huge servers storing massive amounts of information that police, if need be, can access and use in the court of law.

Media in the Courtroom
Seeing as the classroom Judge Staudt visited was a communications studies course the discussion of the medias presences in the court room was a hot topic during his visit. “Having the media in the courtroom doesn’t bother me at all. Not one bit,” Staudt stated. His biggest pet peeve regarding the media is when journalist report on facts that have not yet been determined as accurate.  Premature printing of information in a case can jeopardize witness testimony, make evidence become admissible in court, and taint public perception on a case. Though Staudt doesn’t mind journalist in his courtroom sessions he is not pleased by photographers. “The loud clicking noise from the camera can be very annoying.” Staudt said.

Nicholas Rhodes
The 2008 Nicholas Rhodes case is one of Judge Staudt’s more high profile cases. The case began when Nicholas Rhodes, a gay hotel manager, met another gay Iowa man on an online chat website. Rhodes eventually travelled to Blackhawk County, where the other man resided, where the two had consensual sex. Rhodes however did not inform his partner that he was HIV positive, which in the state of Iowa is considered a Class B Felony. The other man ended up contracting the diseases and contacted authorities who arrested Rhodes for criminal transmission of HIV. Rhodes claimed that because his anti-viral load had such a low count of the virus, added to the fact that he used a condom, it was impossible for him to have spread the virus. Eventually Rhodes was found guilty, however he has been appealing his conviction and plans to take his case all the way to the Supreme Court.

 

Often time’s judges are looked at as stern, and uncompassionate people. Staudt showed our UNI class that the job of a judge is emotionally draining, yet hard working. Iowa district court judge’s job is to keep our state safe and Staudt has been doing a phenomenal job of that thus far. 

Daniel Scott Fisher Charged with 3rd Degree Sexual Assault

For Immediate Release
January 20, 2013

Contact:
Isaiah Bradford
UNI Journalist
319-202-8477
bradfori@uni.edu

 

Cedar Falls, IA. – Daniel Scott Fisher, 26, of 1086 Shadow Ave, Orchard, IA has been charged with 3^rd degree sexual assault following a complaint to the Bremer County Police Department filed by the alleged victim.

In the complaint, filed on May 7^th of 2012, the victim claims Fisher forced her to have sexual intercourse against her will in the back of the defendant’s truck as well as in a road side ditch near the vehicle.
According to a warrant for Fisher’s arrest, also filed on May 7^th, the defendant is being held in the Bremer County Jail on a $13,000 bond. Fisher faces a maximum penalty of 10 years in state prison and up to $10,000 in fines. If convicted the defendant will also be required to register with the state of Iowa as a Sexual Offender.

 

# # #

 

Lyric Cook & Elizabeth Collins Videos Analysis

The unfortunate circumstances surrounding the abduction and murder of two young Evansdale cousins was one of the top stories in Eastern Iowa in 2012 and 2013. As a young man who grew up a mere 40 miles away from the grief-stricken area I was extremely unsettled by the story.
In a 2013 conference held by the parents of Elizabeth Collins we hear first-hand the story of the mother of a missing child as she recounts the day her daughter went missing. Heather’s demeanor  (Elizabeth’s mother) seemed to be strong when considering the situation she found herself in as she spoke to the crowd, reminiscing on the morning her daughter was abducted and the events leading up to the abduction. Her father Drew sat quietly, much in the fashion of a first-lady, starring at his wife listening to her voice filled with sorrow. She went on to describe leaving work and heading to Elizabeths grandmothers, who had babysat the girl that day. Upon arrival Elizabeth was nowhere to be found, leading Mrs. Collins to contact the authorizes. The authorizes immediately began looking for the cousins as Mrs. Collins sat back waiting for the girls to show up home “That’s when I got a text of a picture of Elizabeth’s purse. I was asked if the purse belonged to Elizabeth. I replied yes. That’s when I knew,” Mrs Collins recounted.
The underlying message of the conference? It could happen to anyone. The two girls were described as active elementary aged children who enjoyed spending time at grandmas, shopping with mom, and sadly enjoying warm summer days with activities like riding their bikes near the lake, which unfortunately precisely what the young duo was doing when they were last seen. Mrs. Collins seemed to only mention her daughter and niece in the present tense, giving the audience the notion that the mother intended to keep her daughters memory alive and in our hearts.
The next video we viewed was even sadder than the conference. A heart wrenching re-account of the dumping of the girl’s bodies was filmed as two journalist were escorted by locals through a wooded area, in between the trees and a corn field where the bodies were discovered. The dreary setting, looming voices of the seniors guiding narration, and thought of the two innocent children’s life-less bodies being left alone in such a forsaken place was almost unbearable to watch.
The moral of the story is that as a community we need to protect our children, value the time we have with them, and educate them on the dangers associated with strangers. I find the topic of Lyric and Elizabeth cook to be a rather upsetting one as I have a young brother who is approaching the age the girls were during the time they were abducted. As a bystander looking at the situation from the outside I cannot imagine the pain and grief of losing a child due to the merciless actions of another individual.  As Mrs. Collins stated in the press conference I think the importance of teaching young children the importance of avoiding strangers cannot be emphasized enough. The better we do as a nation to protect our children the more likely it is we can prevent unfortunate situations such as the one with Lyric Cook and Elizabeth Collins.