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Can I publish a story in my student newspaper even though a girl I observed for the article doesn't want to be included in it?

Question | Privacy
Students create cliques. That is just how high school goes. I want to report on this at my private, religious high school, not because I want to report on the “mean girls” at my school, but because high school cliques embody the natural tendency of people gravitating toward each other based on common interests. One student I observed for my story got wind of my story and now she does not want to be included in it. I am not putting a bad spin on the story. It’s just about facts. Can I still publish the story?
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From the outset, the journalist must observe journalism ethics when reporting on the story. Further, the story causes no privacy concerns and may be published as long as the story does not: 1) intrude upon the solitude of the girl; 2) disclose embarrassing private facts; 3) put her in a false light; or 4) use the student’s name or image for profit. 

The Society of Professional Journalists Code of Ethics asserts that journalists must serve the public in their reporting because public enlightenment is important for justice and the foundation of democracy. Journalists cannot write their stories based on whether the subjects want to be written about. Because this reporter is writing about factual observations at her school, pulling the story at the whim of the student would go against the fundamentals of journalism.

If the journalist observes journalism ethics, the high school may still censor the story or take out information because it is a private high school. However, the journalist has a good reason to publish the story even if the school administration tries to shut it down. 

Finally, there are likely no privacy concerns for the school or student. There are four legal claims (listed above) the student could try to sue on, but she likely wouldn’t be successful. First, the information in the story is not considered a secret. Second, it is unlikely the story reports on private, embarrassing facts about the student. Third, the student would have to prove the information is false, which is unlikely given that the journalist’s article was based on factual, objective observations. Finally, the journalist is not using the student’s name or image without consent to make money.


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Let’s just say that ethics always factor into journalism and reporting. As a reporter, it is your job to seek the truth, accountability, transparency, and do it in a neutral way. Plus, you need to be honest in your reporting too! The Society of Professional Journalists’ Code of Ethics requires all of the above. 

Honest reporting means naming your sources to support your reporting. The importance of naming your source may seem obvious, but it also requires a balancing of whether the source wants to be named versus whether the source should be named. To determine whether a source should be named, a journalist has to consider how much information to divulge after balancing the public interest against potential harm. Here, the student’s objections likely do not outweigh the public interest in the story. 

While the journalist may lose the source for future stories, the student would still have no legal claim against the reporter for publishing the information. The reporter is acting honestly, is reporting facts based on her own observations, and she did not act deceptively in getting the information. All-in-all, we give this the ethical seal of approval. 

Does it matter that the school is private?

Yes! It definitely matters. While it is a great thing that the reporter acted ethically, it does not legally protect her from censorship from her high school. Why is that? Because the high school is a private high school that operates independently without government funding, protections of the First Amendment don’t apply. The First Amendment only applies to governmental entities, and a private high school isn’t that. Public schools, however, do receive funding from the government, are subject to the First Amendment, and have to observe students’ First Amendment rights in some ways. The distinction between public and private schools is important to keep in mind. 

That’s not the end of the story, though. The reporter can argue that it is within the best interests of a private high school if its officials abide by the First Amendment to prepare students for the “real world.” If the school began to censor its students on a “because I said so” basis, that spells trouble not just for the reporter but for the rest of the student’s life! Life outside of a private high school doesn’t operate like that, right? So, it’s a good idea for a private school to prepare its students as much as possible for life after high school, and that means observing constitutional rights. (This doesn’t apply to moms. If mom says to do something because she said so, it may be best to do it!) 

What privacy concerns are we talking about?

The school could have privacy concerns that may lead administrators to censor the story. Private schools have full control over “school sponsored” speech. Again, this is different from the control that public schools can exercise over the speech. When it comes to privacy rights, the private school will look for the content of the article to be so sensitive that it should be censored. But, we think the reporter has a good argument here simply because there is nothing super sensitive or secretive happening. This is a story about friends, psychology, and student culture. Plus, it does not appear that the reporter offered any presumption of privacy from the get-go and everything happening with cliques out in the public. 

We’re good when it comes to the school, but what about the student?

This is the meat and potatoes of it. 

States protect the privacy rights of its citizens and, typically, there are four types of invasion of privacy claims available. First, whether someone intruded upon a person’s solitude. Second, whether there was publication of someone’s embarrassing, private facts. Third, whether the publication placed someone in a false light to the public. Fourth, whether someone’s name or image was used without their consent to make money. 

First, let’s look at intrusion upon someone’s solitude. The analysis for this varies, but in Michigan, the courts look for three things to be established. First, there needs to be a secret, private matter. Second, the person suing had a right to keep it private. Third, the average person would object to the way in which the information was obtained. Here, the information in the story is not private or secret at all. These cliques are known to the public. So, the objecting student has no expectation to simply erase her existence from the reporter’s story. That’s silly. There is no legal claim here.

Second, there is no disclosure of embarrassing, private facts. An embarrassing private fact is one that must concern someone’s private life, be offensive to the average person, and of no legitimate public concern. It is highly unlikely that the story about cliques is about private facts. Rather, a private fact would be someone’s sex life or medical information. Because cliques are certainly not about sex or medical information, the story is not about private facts. Plus, it is not offensive to the average person to write about this. If the reporter was writing about the student’s medical procedure, for example, that would definitely offend someone. Who she sits with at lunch? We think not. Finally, the story is of legitimate interest to the public. The article intends to shine a positive light on the student social structure at the high school and it addresses stereotypes. It’s a firsthand look into student life and that is arguably of interest to the students, parents, the administration, and community. No legal claim here either! 

Third, the student is not being placed in a false light. By false light, we mean that the story made the student look like she has characteristics, beliefs, or behaviors that are not true. The information has to be objectionable and false. As we mentioned, the story intends to be positive and talk about how people relate to one another. Is there “mean girl” shaming happening here? No. This is no “Burn Book.” It is true information and is written based on the reporter’s own observations. Truth will always defeat a false light claim. Here, we think it does.

Finally, the reporter is not using the student’s name or likeness for her own financial benefit. In Michigan, for instance, a person would have to show that the reporter has a financial interest and that they are using someone’s identity to make money to satisfy that interest. We also call this “appropriation.” To give you an example, let’s say the reporter took a picture of the student without her consent and used it to make shirts and posters to sell. That is appropriation. That definitely did not happen here. The reporter was reporting on public information and had no financial interest. So, there is no claim here either.

Long and short, the journalist did not violate anybody’s privacy rights by writing a news story about cliques! 


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