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2013 Silha Lecture
The Lessons Of the Pentagon Papers:
Has Obama Learned Them?
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.
Starting in the summer of 2019, the Silha Bulletin will no longer be published in hard copy.
The Silha Bulletin will continue to be published three times a year: late fall, late spring, and late summer. It will be available online at: www.silha.umn.edu and the University of Minnesota Digital Conservancy http://conservancy.umn.edu/discover?query=Silha+Bulletin. Each site will allow you to read the current issue of the Bulletin, as well as search past issues.
If you would like to be notified when a new issue of the Silha Bulletin has been published online, or receive an electronic copy of the Bulletin, please email us at: silha@umn.edu. Please include “Silha Bulletin” in the subject line. Alternatively, you may call the Silha Center at 612-625-3421.
Attorney Kelli L. Sager, best known for her representation of the media in the access issues that arose during the O. J. Simpson trial, will deliver the 34th annual Silha Lecture, entitled “In Defense of Public Trials: Access to Court Proceedings in the Internet Age.” The Lecture will take place on Monday, Oct. 28, 2019, starting at 7:30 pm, at Cowles Auditorium at the Hubert H. Humphrey School of Public Affairs on the West Bank of the University of Minnesota Twin Cities campus in Minneapolis.
The principle of open judicial proceedings is a hallmark of the U.S. judicial system. Recent controversial civil and criminal cases, such as Minnesota v. Mohamed Noor, make it increasingly important for the public to scrutinize what is happening in their courts. Although many judges embrace a number of modern technological advances that help to open the courts to the public and press, the advent of social media has prompted others to limit the use of electronic devices, citing concerns about privacy and defendants’ fair trial rights under the Sixth Amendment. Sager will discuss these concerns and the importance of expanding – rather than retracting – access rights in the digital age in her lecture.
Sager represents media and entertainment companies, as well as journalists, broadcasters, filmmakers, newspapers, Web publishers, and authors. Among other accolades, Chambers USA has ranked Sager for 10 consecutive years in its top tier of media attorneys in the country, and she has been one of Lawdragon’s 500 Leading Lawyers in America since 2005. (Please see accompanying attachment for Sager’s other achievements.)
No reservations or tickets are required for the Silha Lecture. Parking is available in the 19th and 21st Avenue ramps. Additional information about directions and parking can be found at www.umn.edu/pts.
For a copy of the press release, click here.
May 2, 2019 - Professor Jane Kirtley was interviewed by reporter Daniela Arcanjo for Folha de S. Paulo, a daily newspaper in Sao Paulo.
May 2, 2019 - Professor Jane Kirtley recorded a short video for use on local social media platforms, such as Facebook, Instagram and Twitter, as well as a 30-second video inviting people to attend the workshops, lectures, and other events conducted around her visit.
May 2, 2019 - Professor Jane Kirtley conducted a workshop, partnered by Folha de S. Paulo, for journalists.
May 2, 2019 - Professor Jane Kirtley gave a lecture at Casa do Povo. The lecture was partnered by Enois (a journalism agency and school) and Agéncia Mural de Jornalismo das Periferias (a news agency). The event was attended by journalists and students from both organizations.
May 3, 2019 - Professor Jane Kirtley spoke at a seminar, “Press Freedom in the Digital Age.” The event was partnered with Abraji ( Brazilian Association of Investigative Journalism), Abert (Brazilian Association of Radio and Television Broadcasters), Projor (Institute for the Development of Journalism), the Palavra Aberta Institute, the OAB (the Brazilian Bar Association, and Reporters without Borders. The event marked World Press Freedom Day.
May 3, 2019 - Professor Jane Kirtley met with Folha de S. Paulo’s ombudsperson, Flavia Lima, together with other journalists.
May 3, 2019 - Professor Jane Kirtley presented a lecture at Escola de Noticias. The event was attended by students, teachers, and coordinators.
May 6, 2019 - Professor Jane Kirtley presented a lecture, “Press Freedom in the Digital Age,” at the headquarters of Diario Do Para, the second most read daily newspaper in Para. A question and answer period followed her lecture.
May 6, 2019 - Professor Jane Kirtley met with members of Belem’s media community.
May 6, 2019 - Professor Jane Kirtley presented a seminar, “Press Freedom in the Digital Age” at the Universidade Federal do Para.
May 7, 2019 - Professor Jane Kirtley delivered a lecture, “Press Freedom in the Digital Age” at the Correio Braziliense, a daily newspaper.
May 7, 2019 - Professor Jane Kirtley was interviewed by Correio Braziliense.
May 7, 2019 - Professor Jane Kirtley met with Brasilia’s media representatives.
May 7, 2019 - Professor Jane Kirtley met with professors and students at the University of Brasilia’s journalism department.
Click here for a slideshow of photographs from Professor Kirtley’s visit to Brazil.
Click here for a schedule of Professor Kirtley’s schedule while in Brazil (the site is in Portuguese; click to translate into English).
Professor Jane Kirtley, along with four other professors, co-authored an amicus curiae brief on behalf of 17 media law scholars, which was filed on for the sentencing phase of U.S. v. Albury in the federal district court (Minnesota). The case involved former Minnesota FBI agent Terry James Albury who was prosecuted under the Espionage Act for leaking classified information about racial profiling and the surveillance of journalists to the press.
The amicus brief was filed on October 4, 2018, and is available online at https://fas.org/sgp/jud/albury-amicus.pdf.
The Associated Press carried a story about the amicus brief, available online at:
https://minnesota.cbslocal.com/2018/10/04/terry-albury-fbi-agent-leak/
A Minnesota Public Radio story about Albury's case is available here.
A KSTP story about Albury's case is available here.
Professor Jane Kirtley and PhD student Scott Memmel's article entitled, “Rewriting the ‘Book of the Machine’; Regulatory and Liability Issues for the Internet of Things” has been published in the July 2018 issue of Minnesota Journal of Law, Science and Technology. The article is available online at: https://scholarship.law.umn.edu/mjlst/vol19/iss2/5/
East Bank Campus - University of Minnesota Twin Cities
The criminal trial of former Minneapolis police officer Mohamed Noor for the shooting death of Justine Damond has raised concerns about media access to court proceedings. The SPJ Code of Ethics suggests that media access to trials, as well as other information regarding crimes and criminal background, should balance the public’s right to know and the defendant’s right to a fair trial. This event will provide a platform for discussion to give journalists an ethical lens through which to make decisions on free press and fair trial issues.
•How do racial narratives impact reporting when a fair trial is
at issue?
•Is reporting the criminal background of suspects always
necessary, and to what extent?
•Should journalists be concerned about the
court of public opinion as well as that of the actual court?
Featuring
John Croman, KARE 11
Libor Jany, Minneapolis
Star Tribune
Nekima Levy Armstrong, Black Pearl, LLC
Paul Engh, Paul Engh
Law Office
Jane Kirtley, Silha Center/U of M, moderator
The Silha Center for the Study of Media Ethics and Law at the University of Minnesota’s School of Journalism and Mass Communication and the Minnesota Pro Chapter of the Society of Professional Journalists are co-sponsoring this event, which coincides with SPJ’s National Ethics Week. The Silha Center for the Study of Media Ethics and Law is based at the Hubbard School of Journalism and Mass Communication at the University of Minnesota. The Society of Professional Journalists (SPJ), the oldest, largest and broadest-based organization of journalists in the U.S., was founded as Sigma Delta Chi in 1909. Since its founding in 1956, the Minnesota Pro chapter has received various honors, including outstanding large chapter of the year, and recognition for its work in Freedom of Information, campus relations, member communication and programming.
A video of the 2019 Silha Center Spring Forum is available here.
A slideshow of the 2019 Silha Center Spring Forum is available here.
Read a Silha Bulletin story about the 2019 Silha Center Spring Forum here.
What: Silha Center’s 33rd 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.
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
For immediate release
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
“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.
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/
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/
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.
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
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.
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/.
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.
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.
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.
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/.
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.
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/
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.
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/.
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.
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_
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
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/c
(Professor
Kirtley's presentation appears in the16 February, Part 3 portion, about an hour
into the video.)
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.
U of M professor Jane Kirtley authors new "Media Law Handbook" for the U.S. State Department
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
