Social and Behavioral Sciences Commons^™

The Future Of International Law Freedom Of Journalism: A Transitional Justice Framework, Edward L. Carter

Faculty Publications

The overwhelming majority of digital and physical attacks on journalists are done with impunity. This results in lower-quality journalism, less scrutiny of government, and less healthy societies and democracies. The international human rights law concept of transitional justice could bolster collective will and inform legal mechanisms to combat such impunity. Judges and investigators in several recent cases of attacks on journalists have invoked transitional justice concepts, including truth-telling, criminal investigations and prosecutions, reparations, and institutional reforms to guarantee non-recurrence. These mechanisms should be fully implemented to protect journalism at local, national, and international levels.

“Truth Is The Only Ground”: How Journalism Contributes To Good Government, Edward L. Carter

Faculty Publications

Now, after twenty years of teaching journalism as a college professor and fifteen years of periodically representing journalists as a lawyer, I believe the viability of our system of government at local, state, and national levels depends more than ever on good journalism. But amid rapid and unsettling social and technological change, journalism and government are degenerating. Journalists and public officials need to do better, and I believe informed community members should influence reforms and innovations while insisting on adherence to core values. Doing so will require community members to set aside some selfish interests and ask the same of …

Journalism As A Public Good: How The Nonprofit News Model Can Save Us From Ourselves, Rosalie Westenskow, Edward L. Carter

Faculty Publications

At a time when many U.S. newspapers find themselves at the edge of a financial precipice, The Salt Lake Tribune’s recent transformation into a 501(c)(3) public charity presents a potentially promising route to economic safety for other daily newspapers. Although the nonprofit, tax-exempt model has been an increasingly popular one for new media outlets, the IRS’s bestowal of such status on a major daily newspaper marks an historic event—one that other newspapers, and their legal counsel, can learn from. This Article outlines several issues such practitioners and owners should be aware of as they consider taking the leap to …

Agnew, Abc, And Richard Nixon's War On Television, Dale L. Cressman Phd

Faculty Publications

Less than a year into the presidency of Richard Nixon, Vice President Spiro Agnew launched a series of attacks on television journalists, accusing them of being biased and having too much power to determine what news millions of Americans watched on their televisions. Because the government licensed and regulated their stations, the networks considered Agnew's statements, and other White House criticisms, to be threats. As the smallest, most vulnerable network, ABC found itself at a confluence of relationships with the administration: It employed both Nixon's favorite and least favorite anchors, as well as a highly placed executive who lent sympathy …

Freedom Of Journalism In International Human Rights Law, Edward L. Carter, Rosalie Westenskow

Faculty Publications

Contemporary attacks of various types have prompted calls for stronger public support and legal protections for journalism. Around the world, journalism faces not only government regulation that affects editorial content but also economic and corporate pressures as well as lack of public understanding of its societal functions. In the United States, courts and even journalism organizations have been reluctant to define journalism or single it out for special protection. But international human rights law presents a possible solution. This article discusses the international human rights law provisions that protect individuals engaged in journalism. The United Nations Human Rights Committee has …

How Responsiveness From A Communication Partner Affects Story Retell In Aphasia: Quantitative And Qualitative Findings, Tyson G. Harmon, Adam Jacks, Katarina L. Haley, Antoine Bailliard

Faculty Publications

Purpose: Because people with aphasia frequently interact with partners who are unresponsive to their communicative attempts, we investigated how partner responsiveness affects quantitative measures of spoken language and subjective reactions during story retell.

Method: A quantitative and a qualitative study were conducted. In study 1, participants with aphasia and controls retold short stories to a communication partner who indicated interest through supportive backchannel responses (responsive) and another who indicated disinterest through unsupportive backchannel responses (unresponsive). Story retell accuracy, delivery speed, and ratings of psychological stress were measured and compared. In study 2, participants completed semi-structured interviews about their story retell …

News In Lights: The Times Square Zipper And Newspaper Signs In An Age Of Technological Enthusiasm, Dale L. Cressman Phd

Faculty Publications

During the latter half of the nineteenth century, when the telegraph had produced an appetite for breaking news, New York City newspaper publishers used signs on their buildings to report headlines and promote their newspapers. Originally chalkboards were used to post headlines. But, fierce competition led to the use of new technologies, such as magic lantern projections. These and, later, electrically lighted signs, would evoke amazement. In 1928, during an age of invention, The New York Times installed an electric "moving letter" sign on its building in Times Square. Popularly known as "the zipper," the monograph drew significant attention from …

“No To Disclose Information Sources”: Journalistic Privilege Under Article 19 Of Iccpr, Edward L. Carter

Faculty Publications

International law took a significant step in recent years toward protection of journalists’ sources and newsgathering processes. The international law journalistic privilege previously had been upheld by international tribunals, but it was not until 2011 that the United Nations Human Rights Committee adopted an interpretation of freedom of expression that included journalistic privilege. The presence of the privilege within freedom of expression, as recognized in Article 19 of the International Covenant on Civil and Political Rights, is important for several reasons. As part of freedom of expression, the privilege may not be overcome without a showing of necessity and proportionality, …

Mass Communication Law And Policy Research And The Values Of Free Expression, Edward L. Carter

Faculty Publications

Mass communication law and policy research, including on values and theory of freedom of expression, has played an important role in Journalism & Mass Communication Quarterly for decades. Mass communication law research in Quarterly reached a high point with a special issue on the First Amendment in 1992 and numerous articles in the decade that followed. A relationship is explored between First Amendment theory and structural archetypes of constitutional argument. Future research could focus on international law and contemporary challenges involving technology, surveillance and changes in democratic citizenship.

“Error But Without Malice” In Defamation Of Public Officials: The Value Of Free Expression In International Human Rights Law, Edward L. Carter

Faculty Publications

Government officials in various parts of the world use defamation to silence critics, but defamation liability may curtail freedom of expression on topics of public interest and undermine human rights generally. Article 19 of the International Covenant on Civil and Political Rights guarantees freedom of expression unless a state can show need to protect individual reputation and acts proportionally. In its adjudication of complaints for violations of Article 19, and in its General Comment 34, the United Nations Human Rights Committee has crafted the principle that defamation liability may not be imposed if an erroneous statement about a public official …

“Much Dispute And Wonderful Contentions”: Modern First Amendment Values In The Book Of Mormon, Edward L. Carter

Faculty Publications

The First Amendment’s free speech clause, like the religious exercise clause, is profoundly counter-majoritarian. So the fact that a religious point of view is unpopular or out of step with a majority of society is not justification to suppress its expression. Rather, the unpopularity of religious views is the very reason why religious expression should be protected from government or private censorship. Free speech, including religious expression, strengthens and stabilizes society, enables the search for truth, provides a check on government power, facilitates self-governance and fosters autonomy. The Book of Mormon teaches Mormons to respect the contributions of free expression …

Clinical Implications Of Internet Infidelity: Where Facebook Fits In, Jaclyn D. Cravens, Jason B. Whiting Phd

Faculty Publications

The Internet can enhance existing relationships or facilitate the development of new relationships, including illicit ones. Increased research in this area has predominately been on online sexual addiction and pornography, with few about social networking sites. Facebook, a popular social networking site boasting 1.15 billion active users. This article reviews existing literature on Internet infidelity, comparing online activities and Facebook-specific behaviors. Five areas related to Internet infidelity will be explored, such as definitions and the impact on relationships. Although several similarities exist between general Internet and Facebook-specific infidelity, unique differences exist. Implications for future research and clinical practice are presented.

Media, Mormonism, And Mormon Media Studies, Sherry Baker

Faculty Publications

Bosco Bae has asked me to write a reflection about the Mormon Media Studies Symposia that were held at Brigham Young University in 2010 and 2012, and to provide some "general thoughts" about the relationship between media, Mormonism, and Mormons. I also will address the topic of Mormon Media Studies as an emerging discipline, and will conclude with some thoughts about Mormons, the media, and the Mormon Moment. My comments are meant only to be conversational in tone. They certainly do not purport to be definitive or comprehensive statements about the topics discussed.

Actual Malice In The Inter-American Court Of Human Rights, Edward L. Carter

Faculty Publications

The Inter-American Court of Human Rights decided four cases in recent years that represent a positive step for freedom of expression in nations that belong to the Organization of American States. In 2004 and again in 2008, the court stopped short of adopting a standard that would require proof of actual malice in criminal defamation cases brought by public officials. In 2009, however, the court seemed to adopt the actual malice rule without calling it that. The court’s progress toward actual malice is chronicled in this article. The article concludes that the court’s decision not to explicitly use …

Argentina's Right To Be Forgotten, Edward L. Carter

Faculty Publications

A version of the right to be forgotten emerges in Argentina.

Mormon Media Studies Symposium - 2012, Sherry Baker

Faculty Publications

Website for the Mormon Media Studies Symposium year 2012.

To Facebook, Or Not To Facebook, John Hilton Iii, Kenneth Plummer

Faculty Publications

A significant shift in computer-mediated communication has taken place, in which in some cases, social media is becoming the dominant form of communication. Organisations who wish to communicate effectively are turning to social media; however, there are challenges associated with using it. This article chronicles the attempts of one educational institution to implement the use of social media in their organisation.

Justice Owen J. Roberts On 1937, Edward L. Carter, Edward E. Adams

Faculty Publications

The motivations for Supreme Court Justice Owen J. Roberts’ so-called “switch in time that saved nine” in 1937 remain largely obscured. For much of the past 75 years, judges, lawyers and scholars have discussed—including recently in this journal—why Justice Roberts would vote to uphold minimum-wage legislation in March 1937 when he had voted to invalidate similar legislation in June 1936. Given that President Franklin D. Roosevelt unveiled his court-packing plan on February 5, 1937, externalists have ascribed political motivations to Roberts and the Court. Internalists, meanwhile, have pointed to legal reasons for the switch. However, with the exception of a …

“Choking The Channel Of Public Information”: Re-Examination Of An Eighteenth-Century Warning About Copyright And Free Speech, Edward L. Carter

Faculty Publications

The U.S. Supreme Court in Eldred v. Ashcroft gave First Amendment importance to the topic of copyright history. In measuring whether Congress has altered the “traditional contours” of copyright such that First Amendment scrutiny must be applied, federal courts—including the Supreme Court in its 2011 Term case Golan v. Holder—must carefully examine the intertwined history of copyright and freedom of the press. The famous but misunderstood case of Donaldson v. Beckett in the British House of Lords in 1774 is an important piece of this history. In Donaldson, several lawyers, litigants, judges, and lords recognized the danger posed …

Utah And The Civil War Press, Kenneth L. Alford Ph.D.

Faculty Publications

A discussion of how Mormons were treated in the national press during the American Civil War with an emphasis on polygamy, statehood requests, loyalty, and Brigham Young.

This chapter was originally published (and reprinted in "Civil War Saints" with permission):

Kenneth L. Alford, “Utah and the Civil War Press.” Utah Historical Quarterly 80, no. 1 (Winter 2012): 75–92.

Copyright Ownership Of Online News: Cultivating A Transformation Ethos In America's Emerging Statutory Attribution Right, Edward L. Carter

Faculty Publications

Several federal district courts in 2009 and 2010 interpreted a relatively obscure provision of the Digital Millennium Copyright Act to grant a potentially broad right of attribution to owners of copyright in creative works. The statutory provision prohibits removal or alteration of copyright management information. The law gives reason for both hope and fear for news organizations. On one hand, an attribution requirement is seen by some in the news industry as relief from negative effects of technology, including online news aggregators. On the other hand, news organizations already have been sued under the copyright management provision for their conduct …

Free E-Books And Print Sales, John Hilton Iii, David Wiley

Faculty Publications

Digital technologies now enable books and other digital resources to be openly available to those with access to the Internet. This study examined the financial viability of a religious publisher that put free digital versions of eight of its print books on the Internet. The cost to put these eight books online was $940. Over a 10-week period, these books were downloaded 102,256 times and sales of these books increased 26%. Online sales increased at a much higher rate. Comparisons with historical book sales and sales of comparable titles indicate that that this increase may have been connected to the …

Mormon Media Studies Symposium - 2010, Sherry Baker

Faculty Publications

Website for the Mormon Media Studies Symposium year 2010.

The Short-Term Influence Of Free Digital Versions Of Books On Print Sales, John Hilton Iii, David Wiley

Faculty Publications

Increasingly, authors and publishers are freely distributing their books electronically to increase the visibility of their work. A vital question for those with a commercial stake in selling books is, “What happens to book sales if digital versions are given away?” We used BookScan sales data for four categories of books (a total of 41 books) for which we could identify the date when the free digital versions of the books were made available to determine whether the free version affected print sales. We analyzed the data on book sales for the eight weeks before and after the free versions …

Using Facebook To Connect With Students, Jared L. Howland

Faculty Publications

This poster was presented at the Library Information and Technology Association's 2009 National Forum in Salt Lake City, Utah.

From Pdf To Mp3: Motivations For Creating Derivative Works, John Hilton Iii

Faculty Publications

With increasing frequency, authors are licensing their works in such a way so as to permit others to create derivative works. In some cases, these derivatives extend the impact of a work by providing a translation into another language or modifying the file format to make it more accessible. The Internet is increasing the ability of individuals to create and distribute these derivatives. Seventeen creators of derivatives were surveyed on their motivations for doing so. They indicated that they were willing to create derivatives that extend the original content of a book because they want to help others access the …

Swearing In The Cinema: An Analysis Of Profanity In Us Teen-Oriented Movies, 1980-2006, Dale Cressman, Mark Callister, Tom Robinson, Chris Near

Faculty Publications

The exposure of children to profanity continues to be a concern for parents, media researchers, and policy makers alike. This study examines the types, frequency, and usage of profanity in movies directed at and featuring teenagers. A review of relevant literature explores the nature, use, and psychology of profanity, its potential social effects, and its prevalence in the media. A content analysis was conducted of the ninety top-grossing domestic teen films in the 1980s, 1990s, and 2000s (thirty from each decade) in the US based on domestic gross box-office amounts. Results indicate no change in preferences in types of profanity …

Patrons Cataloging? The Role And Quality Of Patron Tagging In Item Description, William Lund, Allyson Washburn

Faculty Publications

With the advent of Web 2.0 technologies, user participation in the description and evaluation of content has come to the library. User tagging is almost a given in applications such as Del.icio.us, Flickr, and LibraryThing. The question is whether tagging provided by users with their own motivations is better in some sense then descriptions provided by professionals. Is the tagging provided by the wisdom of the crowd a better description of an item?

From Newspaper Row To Times Square: The Dispersal And Contested Identity Of An Imagined Journalistic Community, Dale L. Cressman Phd

Faculty Publications

Until the early twentieth century, Park Row was synonymous with New York newspapers. Of the newspapers that left Park Row, The New York Times was notable for having established a geographic landmark that was identified with the newspaper. In fact, by 1906, Times Square had replaced Park Row as a place for New Yorkers to get election night news or to celebrate New Year's Eve. Nevertheless, Times Square did not remain associated with its newspaper namesake, and today a successor to the "zipper" is the last physical reminder of the paper's presence in this area of New York City. Drawing …

Measuring The Relationship Between Organizational Transparency And Employee Trust, Brad R. Rawlins

Faculty Publications

The literature on transparency and trust suggest the two concepts are related. While this idea is logical on its face, would it hold true if measured? Using an instrument that measures both transparency and trust, analysis of employee opinion supports this notion. In particular, organizations that encourage and allow public participation, share substantial information so their publics can make informed decisions, give balanced reports that hold them accountable, and open themselves up to public scrutiny, are more likely to be trusted.