Law and ethics have a curious relationship. The law tells you what you can do. Ethics, on the other hand, is concerned mainly with what you should do. Fortunately, they usually work hand in hand. Indeed, one of the things I quickly discovered in law school is that you can pretty much guess what the law will be about 80 percent of the time — without ever picking up a book. If both common sense and the little person on your shoulder tell you that Path A is the one you should follow, chances are good that courts have come to the same conclusion.

What that means, of course, is that a lawyer invests three years of her life and spends gobs of money going to law school to figure out what to do in just 20 percent of her work.

Much of that 20 percent can easily be blamed on lawmakers and lobbyists who too often push legislation without regard to either common sense or ethics: they’re looking out for themselves. For the balance of cases, however, it’s usually more complicated.

Sometimes that’s because neither common sense nor ethics — or even greed — provide an easy answer. In fact, sometimes you find that the law tells you can or must take Path A, but your personal or professional ethics is saying Path B, or perhaps C, is the one you should stick to.

Because of the importance Americans have traditionally placed on a free press and the strong legal protections of the First Amendment, journalists probably confront more of these legal/ethical questions than most. The following are some of the more common.

(Note that in the discussion that follows, we’ll assume that censorship of the material by school officials is not at issue, only whether it can or should be published. Administrative censorship of otherwise lawful content is, of course, a big, separate topic for another day.)

Publishing minor names/photos. This is unquestionably the issue that most frequently raises a legal/ethics question for the reporters we speak with at the Student Press Law Center. As with most of the issues that follow, the legal answer to this question is actually pretty straightforward. More than 30 years ago, the Supreme Court ruled that the First Amendment protects the right of journalists to publish the names/photos of minors in newsworthy stories as long as the information is “lawfully obtained” and truthfully reported. That is the same standard that applies to adults. So, in covering a bona fide news story involving a minor, your energy and attention should focus not on the law — where the answer is a clear “yes you can print the name” — but on whether or not publishing a minor’s name or image in a particular case is editorially appropriate and ethically sound. Many news organizations — following their own written or unwritten editorial policies — do not, for example, identify minors involved in less serious criminal conduct. The rationale is generally the belief that young people, simply because they are young and naturally lack experience or judgment, make mistakes and should not be stigmatized for life for something stupid they did in their youth. That makes sense. But it is not a decision compelled by law and it is not necessarily one that your news organization must accept as its standard operating procedure. There are big news stories — such as a school shooting or a brazen crime committed by the child of a prominent public figure — where many journalists would argue that publishing the name of the high school-aged suspect is editorially required and ethically justified. Though it may make your job more difficult, it is up to you and your staff — not a court — to figure out where the line should be drawn in your newsroom. (The Poynter Institute’s Al Tompkins has a useful checklist of factors to consider when making this decision. In fact, the Poynter Institute, a school and resource for journalists, is a great first-stop when confronted with any ethical question.)

Publishing victim names. As with the publication of minor names, courts have also generally upheld the legal right of news media to accurately publish victim names/photos in newsworthy stories. While some states passed laws prohibiting the identification of sexual assault victims, these laws have been routinely struck down as unconstitutional when challenged. So again, it is up to individual news organizations to determine when or if to publish such information. While many still do not publish victim names, particularly victims of sexual assault, some newsroom policies allow for the accuser to be identified where a case is dismissed or where the accused is found not guilty.

Publishing accident/crime/war scene photos or interviews. Reporters and photographers are regularly called upon to cover tragedy. Events such as a drowning or a deadly car wreck are news. So are murders, rapes, serious beatings and the like. So is war. In covering tragic, but newsworthy events, journalists often end up with images or stories that are hard to look at and hear in the newsroom let alone publish or broadcast for their audience. Still, in general, the law protects news media if they decide it is something their readers should know. Victims and the victims’ loved ones may be upset by the decision, but it is a tough decision that generally must be made by editors, not judges and juries.

Publishing controversial ads. Whether it’s an “issue ad” that promotes white supremacy or a risqué ad for an “adult toy” store or strip club, the First Amendment protects the publication of commercial speech as long as it concerns a lawful activity and is not misleading (and courts have traditionally allowed a fair share of leeway on this latter requirement). The ideas espoused by white supremacists or holocaust deniers, for example, are generally protected (the First Amendment protects one’s right to say stupid things) and sex toys are legal — at least for a college-aged audience. At the same time, as long as it is the student staff making the final decision, student media are under no obligation to provide an advertiser (or any outside contributor for that matter) space on their pages, Web site or broadcast. It is — lucky you — your call.

Publishing nudity. The law prohibits the publication of obscenity. But obscenity — contrary to what many believe — is not a descriptive term (as in “those photos of near-naked cheerleaders are obscene!”) It is a legal classification. And to be classified as legally obscene, material generally has to be very, very explicit. In fact, when speaking of material aimed at an adult audience (18 years old and above), obscenity is so explicit and so beyond what student media do that in my nearly two decades working with them, I’ve still only seen one example that maybe…perhaps… even came close (and no, I’m not telling.) Mere nudity — photos of campus streakers, spring break wet T-shirt contests and the like — does not constitute obscenity and the decision about whether to publish such material is an editorial call. (It’s also probably a financial call due to the number of readers and advertisers you might offend. But that, too, is separate issue.)

As a media law lawyer, I think I probably have the easy job. I get to tell journalists who call with a legal question either, “yes” you can legally publish such information or “no” the law will probably not be on your side if you do. Once my job ends, however, the really hard work actually begins.

Mike Hiestand is an attorney, based in the far, upper left corner of the “Lower 48,” and works as a legal consultant to the Student Press Law Center.

Thomas E. Rolnicki, former executive director of the National Scholastic Press Association, died Dec. 20. He was 60.

Rolnicki was NSPA’s executive director from 1980 until 2006. In his capacity as director, he wrote and edited several publications for NSPA and its college branch, the Associated Collegiate Press. He was a co-author of the journalism textbook “Scholastic Journalism.” During his career, he spoke at journalism conventions and workshops throughout the United States and internationally. He received the Carl Towley Award and Medal of Merit awards from the Journalism Education Association, the Gold Key from the Columbia Scholastic Press Association, and a Newspaper Fund Merit Award.

Immediately prior to joining NSPA, Rolnicki was editor of publications for the Office of Admissions at the University of Minnesota. He also was director of JEA’s Summer Seminar for teachers and other professionals. Rolnicki had taught journalism courses and directed summer journalism workshops at Iowa State University, where he also served as technical, editorial and business adviser for publications.

He had also taught journalism, English and photography and was adviser to student publications at two high schools, one in Iowa and one in Wisconsin. Rolnicki had served JEA as vice president and as Midwest regional director, and he had been treasurer of the Iowa School Press Association.

Rolnicki received his master’s degree in journalism and mass communication from Iowa State University. He received a B.S. degree in journalism and secondary education from the University of Wisconsin–Madison.

He was a native of Wausau, Wis., where funeral services are pending.

UPDATE: Visitation will be 9:30-11:30 a.m., Saturday, Jan. 2, 2010, at St. Ann’s Catholic Church, 700 W. Bridge Street in Wausau, Wis., 54401. A funeral mass will follow at 11:30 a.m. at the church.

The family is requesting memorial gifts be made in Rolnicki’s name to the Student Press Law Center. Condolences can be mailed to the family at the church or to his mother, Polly Rolnicki, 817 N. First Ave., Wausau, Wis., 54401.

Click here to view Rolnicki’s obituary in the Minneapolis Star Tribune.

This new publication replaces ACP’s Guide to Internships. We discontinued that publication because so many media outlets had discontinued or cut their paid internship programs or the newsroom coordinator of the programs. We regret that we can no longer offer this guide, but the new freelancing guide does meet some of the same goals of helping college journalists gain experience in a media career.

Contact: Logan Aimone, executive director, (612) 625-7359

National Scholastic Press Association Board of Directors adds two members

MINNEAPOLIS (Sept. 28, 2009) — The Board of Directors of the National Scholastic Press Association (NSPA) has appointed two new members to its Board of Directors. The two new directors join nine directors. The new members have two-year terms.

Chris Ison is an award-winning journalist and a former reporter and editor for the Star Tribune in Minneapolis. He was the paper’s assistant managing editor for investigative projects for three years and won a Pulitzer Prize for investigative reporting in 1990. He has won numerous national, regional and state awards. Ison was editor-in-chief at The Minnesota Daily at the University of Minnesota. Now, as an associate professor in the School of Journalism and Mass Communication, Ison teaches public affairs reporting, news reporting and writing, advanced reporting methods and media ethics. Ison is one of three representatives from the University of Minnesota School of Journalism and Mass Communication outlined in NSPA’s charter.

David Therkelsen is currently the executive director of Crisis Connection, a nonprofit agency that provides crisis counseling by telephone. From 1978-2006, he served in a variety of senior management roles with the American Red Cross, including CEO of the St. Paul Area chapter. He holds a B.A. in journalism and political science form Metropolitan State University and the University of Minnesota and a M.B.A. from the University of St. Thomas. He also writes, teaches and lectures in journalism and public relations. Therkelsen has participated on NSPA’s Finance and Investment Committee for the past year and joins the Board of Directors as treasurer.

About NSPA
NSPA is a 501(c)(3) nonprofit membership organization headquartered and incorporated in Minnesota. Memberships for middle school, junior high school and high school student media are organized under the Minnesota High School Press Association division of NSPA. Memberships for college, university and professional and technical school student media are organized under the Associated Collegiate Press division of NSPA. Memberships are open to all student media at public and private schools at an annual membership fee.
Each division of NSPA provides journalism education training programs, publishes journalism education materials, provides media critique and recognition programs for members, provides information on developments in journalism and student media and provides a forum for members to communicate with others and share their work. NSPA and its divisions cooperate with other student media associations and other non-student groups and businesses that share its mission to educate and recognize the work of student journalists, to improve the quality of student media and to foster careers in media.

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The ACP Newspaper Pacemaker contest has awarded general excellence in collegiate newspapers for 82 years. This year’s contest yielded 228 entries from across the nation and were judged by the Poynter Institute.

Entries were judged based on the following criteria:

• Coverage and content: Were all aspects of student life covered (academics/sports/clubs/local news, etc.)? Was the use of wire/syndicated copy limited (especially on pg. 1)? Was there evidence of sound news judgment?
• Quality of writing and reporting: Was the writing concise and the reporting thorough? Was writing free of opinion (with the exception of editorials or columns)? Was the copy edited for consistent style?
• Leadership on the opinion page: Did staff editorials, cartoons and letters supplement personal columns? Did the staff demonstrate sensitivity to controversial topics? Was the content of the editorial page consequential?
• Evidence of in-depth reporting: Did major stories show evidence of multiple sources? Are series or depth pieces prominent in entered issues?
• Layout and design: Was the look of the paper clean and contemporary? Was a consistent modular page makeup used throughout the publication? Did designers establish a clear visual hierarchy for readers?
• Photography, art and graphics: Did visuals enhance the verbal content and draw the reader in? Did visuals improve the reader’s understanding of the accompanying story? Were photos properly credited? Was the quality of photos and art technically excellent?

View the list of finalists here:
http://acp.studentpress.org/winners/npm09.html

Places will be announced for the first time at the 88th Annual ACP/CMA National College Media Convention in Austin on Saturday, Oct. 31. Comments from all judging teams will be published on the ACP Web site after winners have been announced.

Please contact Kathy Huting, ACP Contest and Critique Coordinator, with questions at kathy@studentpress.org.

Entries were judged based on the following criteria:

• Content: Was there evidence of diversity in content and approach? Were the works matched and grouped appropriately? Was the content innovative and contemporary?
• Quality of writing and editing: Was there evidence that the authors were well-read, creative, original and aware of the audience? Was the writing almost or completely free of grammatical and spelling errors?
• Photography, art and graphics: Did the photos have strong centers of interest, sharp focus and proper contrast? Was a variety of artwork and graphics represented?
• Layout and design: Did the design accentuate rather than dominate the content? If color was used, did it appropriately enhance the layout? Was overall design unity evident?
• Overall concept or theme: Was the theme clear and carried throughout the publication? Was the concept fresh and engaging?

View the list of finalists here:
http://acp.studentpress.org/winners/mpm09.html

Places will be announced for the first time at the 88th Annual ACP/CMA National College Media Convention in Austin on Saturday, Oct. 31. Comments from all judging teams will be published on the ACP Web site after winners have been announced.

Please contact Kathy Huting, ACP Contest and Critique Coordinator, with questions at kathy@studentpress.org.

The Story of the Year contest was co-sponsored by the New York chapter of the Society of Professional Journalists, the Deadline Club. Entries consisted of a single story in one of the following categories: News, Feature, Sports, Editorial, Diversity and Multimedia Package. The entries totaled 656, with the largest increase from 2008 entries in the Multimedia Package category.

Judges selected finalists based on the following criteria:

• Value, importance or worth of story
• Quality of reporting and quotes
• Quality of writing and editing
• Credibility and leadership

Multimedia Packages were judged on the criteria listed above, along with innovation in use of multimedia (audio, video, slide shows, graphics, etc.), technical quality of multimedia elements and adherence to copyright laws.

View the list of finalists here:
http://acp.studentpress.org/winners/story09.html

Places will be announced for the first time at the 88th Annual ACP/CMA National College Media Convention in Austin on Saturday, Oct. 31.

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The Reporter of the Year contest recognizes individuals for outstanding writing and editorial leadership. The four-year category is co-sponsored by McClatchy-Tribune Information Services and the two-year category was judged by the Associated Press. Entries consisted of three single news or feature stories published in a college newspaper during the competition year. Winners receive cash prizes when announced at the fall convention.

Factors judges considered when selecting the finalists:

• Significance and news worthiness of the stories
• Quality and depth of reporting, quality of quotes
• Quality of writing, editing/AP style usage

View the list of finalists here:
http://acp.studentpress.org/winners/reporter09.html

Comments from all judging teams will be published on the ACP Web site after winners have been announced in Austin.

Please contact Kathy Huting, ACP Contest and Critique Coordinator, with questions at kathy@studentpress.org.

The Design of the Year awards are co-sponsored by Adobe Systems and were accepted through online submission for the first time this year. Newsmagazine/Special Section Cover was introduced as a brand new category; other categories included Illustration, Infographic, Newspaper Page One, Newspaper Page/Spread and Yearbook/Magazine Page/Spread. The contest yielded a total of 440 entries.

First place winners in each categories receive software complimentary of Adobe Systems. Places will be announced for the first time at the 88th Annual ACP/CMA National College Media Convention in Austin on Saturday, Oct. 31.

Judges selected finalists based on the following criteria:

• Effective use of photos, color, art, graphics and typography
• Established visual hierarchy
• News judgment for Newspaper Page One
• Contemporary appeal
• Suitability for respective audience

View the list of finalists here:
http://acp.studentpress.org/winners/design09.html

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The ACP Photo Excellence contest is co-sponsored by the National Press Photographers Association and honors student photographers in five categories: General News, Spot News, Feature, Sports, Environmental Portrait and Picture Story. This is the second year that ACP has accepted entries through online submission. Entries are judged based on technical quality, artistic value and journalistic content. There were a total of 849 entries this year, an increase of about nine percent from 2008.

View the list of finalists here:
http://acp.studentpress.org/winners/photo09.html

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Comments from all judging teams will be published on the ACP Web site after winners have been announced in Austin.

Please contact Kathy Huting, ACP Contest and Critique Coordinator, with questions at kathy@studentpress.org.

For the first time ever, the Cartooning Awards and three out of the five Advertising Awards categories were accepted through online submission. 172 total entries were submitted in the Cartooning Awards, co-sponsored by the Universal Press Syndicate, the largest independent newspaper syndicate in the world. Entries were accepted in two categories: Editorial Cartoon and Cartoon Panel/Strip. Winners receive cash prizes courtesy of UPS.

Places will be announced for the first time at the 88th Annual ACP/CMA National College Media Convention in Austin on Saturday, Oct. 31.

Cartoon entries were judged based on:

• Reader impact
• Community importance
• Artistic quality
• Originality, clarity of message

View the list of finalists here:
http://acp.studentpress.org/winners/cartoon09.html

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The Advertising Awards are co-sponsored by Sierra Nevada Media Group, which consists of seven newspapers and Web sites. Entries were accepted in the categories of: Display Ad, House Ad, Ad Campaign, Advertising/Editorial Supplement and Brochure/Rate Card. The categories combined yielded a total of 277 entries.

Advertising entries were judged based on the following criteria:

• Contemporary appeal
• Effective use of photos, art, graphics, typography and color (if applicable)l
• Suitability for respective audiencesl

View the list of finalists here:
http://acp.studentpress.org/winners/adv09.html

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Comments from all judging teams will be published on the ACP Web site after winners have been announced in Austin.

Please contact Kathy Huting, ACP Contest and Critique Coordinator, with questions at kathy@studentpress.org.

Best of Show winners, announced Sunday morning, are now available on ACP’s Web site.

On Twitter, the #acpsws hashtag and @acpress feed were both active throughout the event.