MONDAY, SEPTEMBER 17, 2007
Monday Edition: Naming Jurors -- A Poynter Podcast Follow-up
Update appended below.
On Friday I told you the story of how
The Connecticut Post decided last weekend to publish the names, ages, addresses, and in some cases the employers, of jurors who are deciding a death penalty case in Bridgeport.
If you missed the piece, click here to get caught up.
Today, I invite you to a special Al's Morning Meeting Podcast -- an interview with
Bob Steele, the Nelson Poynter scholar for journalism values here at Poynter, and
Kelly McBride, Poynter's ethics group leader. I ask them how a journalist can ethically name jurors, why journalists traditionally withhold juror names and what alternatives journalists should consider before naming a juror. As always, I welcome your feedback right here on the feedback section of this column.
Click here to listen to the five-minute podcast.
My personal take on the story is that
The Post's publishing of the juror's names made me question why, for decades, I have so blindly accepted the idea that jurors should not be identified until the trial is over and that the jurors volunteer to be identified. The story points out, and I believe it to be true, that the number one concern of most jurors is the time and money they will lose by devoting two months to a trial.

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Al's Morning Meeting -- Poynter Podcast Follow-up
Podcast with Poynter ethicists Kelly McBride and Bob Steele on whether journalists should publish jurors' names. |
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On the one hand, I don't want journalists making it even more difficult for courts to seat juries, or for juries to do their vitally important work. On the other hand, as the
Reporters Committee for Freedom of the Press points out, courts are increasingly making it difficult to find out much of anything about jurors. I would say if a news organization names jurors, there should be an overwhelming reason to do so. The newsroom should be able to say what that reason is.
The journalists should do a lot of front-end work to understand the potential impact of such a disclosure, and they should consider alternatives, including not naming the jurors but providing background information about them. Take seriously the concerns that jurors might have about their privacy and/or safety. Remember that juries are sacred in America. Their deliberations are secret. Remember that careless or cavalier reporting could cause mistrials, often resulting in court systems spending millions of dollars for a retrial and families painstakingly awaiting justice.
Tim McGuire, a former newspaper editor and current journalism professor, uses Bob Steele's Ten Questions approach to
analyze the case here.
Constitution Day -- The Holiday Nobody Has Heard of
Today is "Constitution Day." By federal law, every school that receives federal funds is supposed to teach about Constitution Day and the Constitution.
But a new Knight Foundation survey shows most kids are clueless about it. Pity, because the kids are not only clueless about Constitution Day, they are clueless about the Constitution. But then again, as you read the poll results, you will see their teachers and parents do not see the value of a free press or free speech either.
Here are some of the results from high school student survey.
Take a look at these results from the high school faculty survey, which asked teachers to agree or disagree with the following statements
According to a press release from the Knight Foundation:
Three years after a new federal law took effect requiring schools to educate all students about the Constitution and the First Amendment, a majority -- 55 percent of U.S. students – aren’t even aware that Constitution Day exists.
Constitution Day was recognized for the first time in schools in 2005, shortly after the largest survey ever done of high school students, the John S. and James L. Knight Foundation’s Future of the First Amendment, showed that nearly three-fourths of them either did not know how they felt about the First Amendment or took it for granted.
Very few can name the five freedoms of the First Amendment, which states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Constitution Day became federal law in December 2004 with the passage of an amendment introduced by Sen. Robert Byrd (D-W.Va.). The act mandates that all schools receiving federal funding teach about the Constitution every year on Sept. 17.

Here are some recommended resources related to this topic:
Poynter HighStory ideas and writing tips for high school journalists.
Teachfirstamendment.orgOffers tips to educators for teaching about First Amendment issues.
J-IdeasDedicated to high school journalism and First Amendment awareness, with a focus on principals, administrators and educators.
American Society of Newspaper EditorsScholastic journalism site for teen journalists, teachers and guidance counselors.
Radio and Television News Directors FoundationHigh school broadcast journalism site that has lesson plans as well as information on the Five Freedoms Public Service Announcement contest.
Channel One NetworkThe "1Voice" project has First Amendment videos, online interactives and lesson plans, including “Five Things to Do on Constitution Day’’ by First Amendment scholar Sam Chaltain, in conjunction with key members of the Channel One News team.
Bill of Rights InstituteOffers Constitution Day resources for both publication and classroom use.
Student Press Law CenterProvides legal advice and information and low-cost educational materials for student journalists on various legal topics.
The First Amendment CenterWorks to preserve and protect First Amendment freedoms through information and education.
'Body of War' a Shift from War Movies of the Past
In a interesting way, there is a link between this item and the one above it.
The hot ticket at the Toronto Film Festival last week was Phil Donahue's "Body of War."
Click here to see the trailer.
Here is a piece that Donahue wrote about the story behind the movie. The film tells the story of a Kansas City solider who comes home seriously injured.
Reuters says:
"Body of War" is a film about the Iraq war, but without footage of explosions and gun battles. It tells what happens to the many wounded veterans who return home with injuries they will nurse for life.
"If there was ever a need to see the pain, don't sanitize this war. If you're going to get on your high horse and say 'bring it on', before you do, I want you to meet Tomas Young," said talk show host Phil Donahue, who directed the film with Ellen Spiro.
The filmmakers said they sought to capture a seldom explored fact of the Iraq war. Medical advancements are saving lives, but also causing large numbers of veterans to return wounded for life.
In the past during wartime, Americans have been attracted to flag-waving, pro-American hero films. This was certainly the case in World War II. John Wayne's 1968 film
"The Green Berets" is an example of a Vietnam War era, pro-America wartime propaganda film. Wayne himself sought Lyndon Johnson's support for the film, according to
this historian. Films that showed the Vietnam War more critically, such as "Full Metal Jacket," "Platoon, "Apocalypse Now" and
"The Deer Hunter," came after the war ended. What does all of this say about American society?
Look at this collection of WWII propaganda posters. Can you imagine Disney today producing a film like "The Fuehrer’s Face?" This 1942 film featured Donald Duck throwing a tomato at Hitler.
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