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Silha Center

Welcome

The Silha Center for the Study of Media Ethics and Law was established in 1984 with an endowment from Otto and Helen Silha. Located within the School of Journalism and Mass Communication at the University of Minnesota, the Silha Center is the vanguard of the School's interest in the ethical responsibilities and legal rights of the mass media in a democratic society.

The Center focuses on the concepts and values that define the highest ideals of American journalism: freedom and fairness. It honors the importance of these ideals by examining their theoretical and practical applications and by recognizing the interdependence of ethical and legal principles.

 

 

 

Silha Professor of Media Ethics and Law Jane Kirtley Joins Sixteen Other Constitutional, First Amendment, and Media Law Professors in Amicus Brief Supporting Former FBI Agent Terry James Albury

On March 28 and March 29, 2018, the U.S. Department of Justice (DOJ) National Security Division filed charges under the Espionage Act against Terry James Albury, a former Minneapolis Federal Bureau of Investigation (FBI) agent, marking the second such prosecution of an alleged leaker of government documents by the Trump administration. Between April 2016 and February 2017, the FBI identified “approximately 27 FBI and U.S. Government documents published online” by The Intercept, 16 of which were marked “classified.” The FBI determined that the classified documents had been leaked by “someone with direct access to them,” which included Albury, who had electronically accessed over two-thirds of the documents through FBI information systems. On April 17, 2018, Albury pled guilty to one count of “knowingly and willfully” disclosing information related to national security and one count of retaining national defense information. 

Silha Professor of Media Ethics and Law Jane Kirtley and sixteen other constitutional law professors wrote an amicus brief in support of Albury.

The amicus brief is available here.

A Minnesota Public Radio story about Albury's case is available here.

A KSTP story about Albury's case is available here.

 

 

 

Helen Fitch Silha

1919-2017

 

Helen Silha

Love is reflected in love.

        -- Mary Baker Eddy

Helen Fitch Silha passed away peacefully October 21 of natural causes.

Helen was born May 21, 1919 in Manhattan, Kansas, the third child of James Burgess Fitch and Alice Rakestraw Fitch. She had an older brother, Dr. William Fitch, and an older sister, Marjorie Fitch Shaffer.

Her father later became head of the dairy division of Kansas State University in Manhattan. In 1935, Mr. Fitch came to the University of Minnesota as head of the dairy division there and Helen finished high school at Marshall High in Minneapolis.

A lifelong learner, Helen attended Principia College in Elsah, Illinois, for two years, then returned to the University of Minnesota where she received her degree in education in 1941. She taught social studies and English in Tracy, Minnesota, schools. She also worked in the Student Activities Bureau at the University of Minnesota.

Helen married Air Force Corporal Otto A. Silha at the Fitch home on September 4, 1942. Their long marriage was enriched by Otto’s media career as publisher and CEO of the Minneapolis Star and Tribune/Cowles Media Company. Together they founded the Silha Center for the Study of Media Ethics and Law, which conducts research and presents lectures. Otto died in 1999.

Her spiritual life continues to be Helen’s ongoing focus. She was active in her church, Third Church of Christ, Scientist, Minneapolis, and has been a lifelong Christian Scientist.

Beginning in 1963, she organized classes at her home in Edina for the Continuing Education for Women Program at the University of Minnesota. More than 300 women attended 24 classes in topics ranging from Greek history to futurism. She also served on the boards of Minnesota Early Learning Design, COMPAS, and the Edina Special Children’s Group.

Helen is survived by three children: Stephen, of Vashon Island, Washington (Gordon Barnett); Alice Reimann, of Edina, Minnesota (John Reimann); Mark Silha of Bloomington, Minnesota. Another son, David, died in a Teton Mountain avalanche in 1974. She’s also survived by grandchildren Johnny Reimann (Kristin) of Orono; Sarah Reimann Likens (Jeff) of Wolfsburg, Germany; David Reimann of Miami, Florida; and four adoring great-grandchildren.

Helen lived a dynamic life of learning and discovery. If you knew Helen, talk about her tonight at your dinner table. If you didn’t know Helen, she would want you to have a conversation about what’s going on in your family and the world.  

A memorial celebration will be held November 21, 2017, at 10 a.m. at The Minikahda Club, 3205 Excelsior Boulevard. Another celebration will be on Longboat Key, Florida, in spring 2018. Memorials can be sent to Third Church of Christ, Scientist, Minneapolis; Choice, Inc. Eden Prairie (Mark Silha’s occupational program); or the University of Minnesota’s Silha Center for the Study of Media Ethics and Law.

To those leaning on the sustaining infinite, today is big with blessings.

            -- Mary Baker Eddy

 

Click here to view a slideshow of Helen Silha at Silha events over the years.

 

Recent Silha Events

 

What: Silha Center’s 33^rd Annual Lecture

“The First Amendment and #MeToo”

Featuring Theodore J. Boutrous, Jr.

When: October 17, 2018; 7:30 pm

Where: Cowles Auditorium in the Hubert H. Humphrey Center on the West Bank of the University of Minnesota, Twin Cities campus

 

The #MeToo movement’s campaign focuses on accusations of sexual harassment and assault. But it also raises free speech issues.  As both accusers and the accused level charges and counter-charges, does traditional First Amendment doctrine governing libel still make sense?

Attorney Theodore J. Boutrous, Jr., a long-time advocate for the news media, represents actor Ashley Judd in her defamation lawsuit against Harvey Weinstein.  Judd claims that the producer made false and malicious statements about her professionalism after she rebuffed his advances – charges Weinstein denies.  As the lawyer who successfully overturned the largest defamation verdict of all time against The Wall Street Journal, and who offered to defend “anyone who Donald Trump sues for speaking freely,” Boutrous will discuss why he represents a libel plaintiff in this case, and why he believes the rise of social media platforms has disrupted constitutional norms.

Global co-chair of Gibson, Dunn & Crutcher’s Litigation Group, Boutrous received his law degree summa cum laude from the University of San Diego’s School of Law in 1987, where he was editor-in-chief of the Law Review.  He is a member of the Advisory Board of International Women’s Media Foundation, and was its 2015 Leadership Honoree.

 

This event is free and open to the public. No reservations are required.

Click here to read the press release

A video of the event is available here.

 

 

State of Our Satirical Union

April 20-21, 2018

Cowles Auditorium, West Bank

“The State of Our Satirical Union: Hustler Magazine , Inc. v. Falwell at 30” symposium will mark the anniversary of a landmark Supreme Court decision, issued in 1988, affirming the First Amendment right of editorial cartoonists and satirists to lampoon public figures.

But 30 years later, cartoonists and journalists face intimidation on social media platforms.  Satirists of all stripes are working in an environment that presents challenges to freedom of speech unimaginable when the unanimous court decided Hustler v. Falwell.  There are calls to change libel laws to make it easier to sue the news media.  In the era of Trump and Charlie Hebdo, will Hustler’s protections endure?

The symposium will explore the many dimensions of the Hustler decision, including the history of the case and participation by editorial cartoonists and other First Amendment advocates as “friends of the court.”  Leading media law scholars and editorial cartoonists will interpret the legacy of the ruling in the context of major political events and legal developments of the last 30 years.

The symposium will feature some of the country’s best-known editorial cartoonists, whose work will be displayed throughout the event.

 

For more information, click here.

Co-sponsored by:

The Silha Center for the Study of Media Ethics and Law at the Hubbard School of Journalism and Mass Communication

The Minnesota Journalism Center at the Hubbard School of Journalism and Mass Communication

The Association of American Editorial Cartoonists

 

 

Silha Center Joins More Than 80 Organizations in Statement Condemning Government Efforts to Undermine a Free Press

 

For immediate release

                                                                                   

Free Speech, Press Groups Call President’s Attacks on the Media

A Threat to Democracy

New York, NY, 3/2/2017- The National Coalition Against Censorship (NCAC) and the American Society of News Editors (ASNE), along with more than 80 other organizations committed to the First Amendment right of freedom of speech and the press, condemn efforts by the Trump administration to demonize the media and undermine its ability to inform the public about official actions and policies. In a joint statement released today, the groups stress that the administration’s attacks on the press pose a threat to American democracy.

The statement cites numerous attempts by the administration to penalize and intimidate the press for coverage the President dislikes, including refusing to answer questions from certain reporters, falsely charging the media with cover-ups and manipulation of news, and denying certain media outlets access to press briefings.  Official designation of the media as “the opposition party” escalated when the President described the New York Times, CBS, CNN, ABC, and NBC News as “the enemy of the American people!”

The statement emphasizes that an independent and free press is the Constitution’s safeguard against tyranny. Its job is not to please the President but to report accurately on the actions of public officials so the public has the information to hold power accountable. Efforts to undermine the legitimacy or independence of the press, the statement reads, “betray the country’s most cherished values and undercut one of its most significant strengths.”   

“The press plays an essential role in democracy, by serving as an independent watchdog on government conduct and as the main source of information for the public,” said NCAC’s Executive Director Joan Bertin. “The constitutional right to freedom of speech and to petition the government for a redress of grievances cannot be exercised in a meaningful way without access to information about what the government does in our name.”

“Given his actions and rhetoric during the campaign, the attacks on the press by President Trump should not be a surprise to anyone,” said Mizell Stewart III, president of the American Society of News Editors. “Every American should be concerned about this administration’s coordinated attempts to marginalize journalists and threaten the public’s right to know.”

###

NCAC Contact:                                                                  ASNE Contact:
Jas Chana, NCAC Communications Director          Jiyoung Won, ASNE Communications Coordinator
jas@ncac.org, 212-807-6222 ext.107                        jwon@asne.org, 573-882-2430
ncac.org                                                           asne.org

 

Statement in Support of Freedom of the Press

“In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the government.” Supreme Court Justice Hugo Black

As organizations committed to the First Amendment right of freedom of speech and the press, we are alarmed by the efforts of the President and his administration to demonize and marginalize the media and to undermine their ability to inform the public about official actions and policies.

Such efforts include the President’s refusal to answer questions posed by a reporter from CNN because the President asserts it promotes “fake news”; charges that the media “manipulated” images of the inauguration; false accusations that the media has covered up terrorist attacks; and repeated claims that the media is “failing” and “dishonest.” All of this recently culminated in the President calling the New York Times, CBS, CNN, ABC, and NBC News “the enemy of the American People!” and in the exclusion of representatives of various media outlets from a press briefing. In these and other examples, the President and his designees have attempted to villainize and discredit the press for any reporting he dislikes. However, the job of the press is not to please the President but to inform the public, a function that is essential to democracy.

The expressions of disdain for the press and its role in democracy by federal officials send a signal to state and local officials. In the aftermath of an election season that witnessed outright intimidation of journalists in communities around the country, there is a compelling need for highly placed federal officials to acknowledge the crucial role of a free press under our Constitution and the responsibility of government officials at all levels to respect it. In one chilling example, multiple individuals who identified themselves as journalists were arrested, detained, and charged with felonies while simply doing their job: reporting on Inauguration Day protests in Washington, D.C. Those arrests were made by local police and pursued by the U.S. Attorney’s Office, both of which displayed an alarming lack of concern for fundamental constitutional rights. The fact that those charges have since been dropped suggests that the arrests were unwarranted and highlights the need for our nation’s leaders to set national policy that unequivocally supports a free and independent press and the public’s right to know.

Our Constitution enshrines the press as an independent watchdog and bulwark against tyranny and official misconduct. Its function is to monitor and report on the actions of public officials so that the public can hold them accountable. The effort to delegitimize the press undermines democracy, and officials who challenge the value of an independent press or question its legitimacy betray the country’s most cherished values and undercut one of its most significant strengths.

The First Amendment protects the right to protest, dissent, and petition government for a redress of grievances, but these rights cannot be exercised without a free press that provides information to the public. Together, these rights represent the constitutionally sanctioned method for the public to oppose government policies and activities and to seek change. The wisdom of this system can be seen in parts of the world where such a right does not exist, or is not honored, and violent opposition is the only available avenue to express opposition or remedy injustice.

We condemn in the strongest possible terms all efforts by elected and appointed officials to penalize, delegitimize, or intimidate members of the press.

March 2, 2017

Click here to read the statement in full and the list of organizations which endorsed it.

 

 

 

 

Noteworthy Activities by Silha Center Director/Silha Professor of Media Ethics and Law

Professor Jane Kirtley:

 

Silha Director Jane Kirtley Panelist for 37th Annual MAYDAY! Peace Conference at Gustavus Adolphus College

May 3, 2017 - Professor Jane Kirtley was a panelist for the 37th Annual MAYDAY! Peace Conference at Gustavus Adolphus College in St. Peter, MN.The panel topic was: "What Would You Do? Mass Surveillance and the Citizen." The panel is archived here: https://portal.stretchinternet.com/gacadmin/  (On demand, Panel Discussion at 1:30 p.m.) Additional information is available online at: https://gustavus.edu/events/mayday/

 

Professor Jane Kirtley Appears on TPT's "Almanac"

On July 15, 2016, Professor. Jane Kirtley was a guest on Twin Cities Public Television's "Almanac," which aired live that day. The topic was data privacy issues raised by the popular augmented reality game, Pokemon Go. Information about the program is available online at: http://www.tpt.org/almanac/episode/castile-funeral-minneapolis-urban-league-police-union/

The New York Times Publishes Essay by Professor Jane Kirtley

On March 18, 2016, Professor Jane Kirtley wrote an essay for The New York Times' "Room for Debate" on its Opinion Page. The title of the article was "Should the Gawker-Hulk Hogan Jurors Decide What's Newsworthy?" and Professor Kirtley's essay was entitled "Hogan Case is a Threat to Editorial Independence." The article is available online at http://www.nytimes.com/roomfordebate/2016/03/18/should-the-gawker-hulk-hogan-jurors-decide-whats-newsworthy.

Professor Jane Kirtley Presents Lecture at the Latvian National Judicial Conference

On May 13, 2016, Professor Jane Kirtley presented a lecture entitled, “Why Can’t We Be Friends? How judges can ethically navigate social and traditional media,” at the Latvian National Judicial Conference (Latvijas tiesnesu konference). Professor Kirtley was a Fulbright Scholar on the Faculty of Law at the University of Latvia in Riga during Spring 2016. A press release about the event (in Latvian) is available online at: http://at.gov.lv/lv/pazinojumi-presei/par-tieslietu-padomi/2016/7695-tiesnesu-konference-noverte-etikas-komisijas-darba-pozitivo-rezultatu/, and a link to the conference program (also in Latvian) is available at: http://at.gov.lv/files/uploads/files/9_Tieslietu_padome/Notikusas_konferences/13.05.2016-darba_kartiba_A4.pdf

Professor Jane Kirtley Quoted by Oregon Public Broadcasting

On March 2, 2016, Professor Jane Kirtley was quoted in this story entitled, “Case Against Santilli So Far Largely Based On Words,” that aired on Oregon Public Broadcasting. The story was about internet radio host Peter Santilli and his “strong and at times even offensive statements” while he covered the armed occupation of the Malheur National Wildlife Refuge. The article is available online at: http://www.opb.org/news/series/burns-oregon-standoff-bundy-militia-news-updates/pete-santilli-charges-legal-case-free-speech/. The interview also aired on NPR/WBUR's "Here and Now" show on March 9, 2016.

Professor Jane Kirtley Is a Guest on WYNC's "On the Media"

On January 29, 2016, Professor Jane Kirtley was a guest for the edition of "On the Media," produced by WNYC public radio. The topic was “Laws of the Lying Game,” and Professor Kirtley discussed the legal and ethical issues arising from deceptive newsgathering techniques in the context of the indictment of anti-abortion activists for using fraud to procure recordings of Planned Parenthood staff. Audio of the interview is available online at: http://www.onthemedia.org/story/law-lying-game/.

Professor Jane Kirtley's Article Republished by Newsweek

On July 12, 2015, an article by Professor Jane Kirtley, “Gawker – and First Amendment – may receive body blow from another thin-skinned wrestler” that appeared in The Conversation, was republished by Newsweek in an article entitled, “Hulk Hogan’s Sex Tape Trial Tests the First Amendment.” The Newsweek article is available online at: http://www.newsweek.com/hulk-hogans-sex-tape-trial-tests-first-amendment-352600.

Professor Jane Kirtley's Article Published in The Conversation

On July 6, 2015, Professor Jane Kirtley’s article entitled, “Gawker – and First Amendment – may receive body blow from another thin-skinned wrestler,” was published in The Conversation, an online publisher of articles written by members of the academic and research community. The article examines Hulk Hogan’s lawsuit against Gawker Media over the publication of the former professional wrestler’s sex tape, a case which would pit a celebrity’s privacy rights against the Bill of Rights. The article is available online at https://theconversation.com/gawker-and-first-amendment-may-receive-body-blow-from-another-thin-skinned-wrestler-44179.

Professor Jane Kirtley Is a Guest on "Philosophy Talk"

On July 26, 2015, Professor Jane Kirtley was a guest on "Philosophy Talk" discussing the topic the "power and perils of satire." The interview is available online at: http://www.philosophytalk.org/shows/power-and-perils-satire
"Philosophy Talk" is produced by KALW radio in San Francisco, which aired the program live. The program is syndicated to other radio stations, including KTNF AM 950 in Saint Louis Park, MN. A list of stations carrying the program is available online at: http://www.philosophytalk.org/stations#sthash.1ODI4vd9.dpuf.

Professor Jane Kirtley Awarded Fulbright US Scholar Grant; Will Teach in Latvia Spring 2016

During May 2015, Professor Kirtley was awarded a Fulbright US Scholar Grant and will be teaching media law and ethics on the Law Faculty at the University of Latvia in Riga during Spring 2016 semester. The grant totals $26,500. Professor Kirtley was also awarded a Faculty Development Leave from the College of Liberal Arts for Spring 2016, at 50% of her regular salary. Additional information about Professor Kirtley’s Fulbright grant is available online at: http://www.jf.lu.lv/eng/news/t/38030/.

Professor Jane Kirtley Serves as Juror for 2015 Pulitzer Prize for Commentary

On April 20, 2015, Professor Jane Kirtley served as a juror for the 2015 Pulitzer Prize for Commentary. Information about her and the other jurors is available online at:http://www.pulitzer.org/jurors/2015-Commentary. This year’s award went to Lisa Falkenbergof the Houston Chronicle. Information about Falkenberg and her article is available online at:http://www.pulitzer.org/citation/2015-Commentary.

Professor Jane Kirtley Interviewed for KPCC's "Air Talk" Program

On April 6, 2015, Professor Jane Kirtley was interviewed on KPCC’s radio "AirTalk" program, discussing the Columbia Journalism School report on the Rolling Stone University of Virginia story. Information about the broadcast is available online at: http://www.scpr.org/programs/airtalk/2015/04/06/42260/assessing-fallout-of-rolling-stone-uva-story-retra/

Professor Kirtley Serves on Panel at the Inter American Press Association Midyear Meeting in Panama

On March 7, 2015, Professor Jane Kirtley was a panelist at the Inter American Press Association's Midyear Meeting in Panama City, Panama. The panel topic was "Government Control Through the Internet." Her presentation was covered inLa Prensa, the largest daily newspaper in Panama, where she was quoted in this story entitled, “Expertos analizan cómo la tecnología ha cambiado la libertad de expression.” The article is available online at: http://www.diariolibre.com/noticias/2015/03/07/i1045011_expertos-analizan-cmo-tecnologa-cambiado-libertad-expresin.html.

Professor Jane Kirtley Moderates Participates in Panel: "What Can We Learn from Pointergate?"

On December 8, 2014, Professor Jane Kirtley participated in a panel discussion entitled, "What Can We Learn from Pointergate?" sponsored by the Minnesota Pro Chapter of the Society of Professional Journalists, the Silha Center, the Minnesota Journalism Center, and the Twin Cities chapters of the National Association of Black Journalists (NABJ) and the Asian American Journalists Association (AAJA) at Cowles Auditorium at the University of Minnesota. A video of the event is available online at http://theuptake.org/live-video-post/journalists-discuss-pointergate/.

 

Professor Jane Kirtley Interviewed by KARE

On July 29, 2013, Professor Jane Kirtley was interviewed by KARE 11 news about the Jesse Ventura trial. The interview aired on July 29 on KARE 11 News at 10 and on July 30 on KARE 11 News Sunrise.

Professor Jane Kirtley Quoted in Kyrgyzstan Newspaper

While speaking on a visit to Kyrgyzstan, Professor Kirtley was featured in a two-page article in the Vecherniy Bishkek with a headline which read: “No government can limit free speech.” The article was published in October 2012.

The entire article is available online at
http://www.vb.kg/doc/203485_professor_djeyn_kirtli:_nikakomy_pravitelstvy_nelzia_ogranichivat_svobody_slova.html

Professor Jane Kirtley appears on TPT's Almanac

September 21, 2012 – Professor Jane Kirtley was a member of the "Media Panel" on TPT's Almanac show, discussing current journalism ethics issues, including the use of the secretly-recorded Romney tape, linking to the "Innocence of Muslims," and The New York Times' new policy prohibiting reporters from granting "quote approval" to sources. The program is available online at: http://www.tpt.org/?a=programs&id=4875

Professor Jane Kirtley speaks at Paris conference sponsored by UNESCO and the World Press Freedom Committee

On February 16, 2012, Professor Jane Kirtley was a speaker on a panel, "International Law After WikiLeaks" at a conference, "The Media World After WikiLeaks and News of the World," sponsored by UNESCO and the World Press Freedom Committee, held at UNESCO's headquarters in Paris, France, on Feb. 16-17, 2012. A video of the event is available online here:
http://www.unesco.org/new/en/communication-and-information/events/calendar-of-events/events-websites/the-media-world-after-wikileaks-and-news-of-the-world/webcast-recordings/
(Professor Kirtley's presentation appears in the16 February, Part 3 portion, about an hour into the video.)

Professor Jane Kirtley featured on CLA

Professor Jane Kirtley, Silha Professor of Media Ethics and Law and Director of the Silha Center at the School of Journalism and Mass Communication at the University of Minnesota was featured on the College of Liberal Arts homepage after speaking on Minnesota Public Radio's Midday about the state of the media in 2011 on Minnesota Public Radio's Midday program.

 

News Release

U of M professor Jane Kirtley authors new "Media Law Handbook" for the U.S. State Department

Europe in the News

Away from Democracy and Toward a Dictatorship? Hungary's New Media Law
Featuring Professor Jane E. Kirtley, SilhaProfessor of Media Ethics and Law
February 23, 2011, 2:30pm–3:30pm

 

 

Tributes to the late Donald M. Gillmor, founding director of the Silha Center, may be found here.

 

Click here for the latest edition of the Silha Bulletin

Bulletin Fall 2017: Volume 23, No. 1