Saturday, February 4, 2012

Blog #5: “Personnes s'Expriment Librement”


“Personnes s'Expriment Librement”

A French Definition of the Word “Blog":

“People are freely expressed”

            The veil of bloggers made it clear that these people of interest went beyond just necessity. The communitarian social media emerged as the unheard voice of the people who demanded the “right to know” (Patterson & Wilkens, page 132). Words so loud they took it upon themselves to leak private information. “Plaisance and others assert that to be detached and objective about genocide and hate is to condone it” (Patterson & Wilkens, page 158). If one substitutes suicide for genocide in this statement perhaps one can see why the Suburban Journals’ team decided to publish their story (My Space Hoax Suicide).  

Steve Polkin, editor Dave Bundy and lawyer Marvin Lindmark’s decision to print stands on the ethical principle of what the public “needs to know” (Patterson & Wilkins, page 132). Bloggers took SJ’s bait, “veil of ignorance” and effectively put “distributive justice” into play (Patterson & Wilkens, page 134). Ironically anonymity was the same weapon mother Lori Drew and daughter Sara Drew used to kill the privacy of Megan Meier.  Her young adolescent mental garden was no longer a secret. The desolation of imbalance and depression was masked by the illusion of a MySpace boyfriend.  The intent to mentally harm was evident to digital media expert users. The collision of events demonstrates John Rawl’s theory of, “relative equilibrium” (Patterson &Wilkens, page 134).

            In his follow up article To Name or Not to Name, Polkin admits, “Dave and I knew the story would generate outrage.” Their loyalties to victims and readers were in conflict with their commitment to absolute truth. In the case of Lori Drew, the Computer Fraud and Abuse Act in 1984 amended with USA Patriot Act in 2002 was deficient of social media cybercrime violations. This impasse fueled the peoples’  “right to know” movement.  


At UCLA, Pr. Eugene Volokh does more than teach Constitutional Law. He is a nationally recognized expert and writer on the First Amendment, cyberspace law and harassment law.  In his view, “our legal system (and perhaps human nature) operates by analogy, and analogies that rely on multiple meanings of the same word are unusually powerful” (Volokh, page 45). Under the legal definition of injurious harm there are over 40 varieties of the adjective. Corrupt, depraved and detrimental could fore fill the requirement of the public's need to know. The warrant falls under the SJC: Code of Ethics and under society’s, “constitutional right to think things through in their own ways” (Volokh, page 35).


Here is Title 1 8 of the US Code as of January 7, 2011:
Chapter 47: Section 103;

“(9) knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization”(http://www.law.cornell.edu/Title 18/Chptr 47).


             This current version was an unknown policy to Polvik and Suburban Journals where their conviction of harm existed. Megan Meier committed suicide on October 6, 2006 and SJ published their article on November 11, 2007.  The question to publish was still unattainable without losing the media’s social responsibility to  Drew’s right to privacy.  Meanwhile contradicting the fact that the police, prosecutors and the FBI did not find any evidence to “charge her with any existing crime” (Malone). If we apply Bok’s definition of “discretion as an intuitive ability to discern what is or is not intrusive or injurious,” we could measure the violation (Patterson & Wilkens, page 131). The intention to emotionally harm with the weapon anonymity is no longer a secret.

             
The logical reasoning would fit with into various philosophies from Potter, Kant, Aristotle or Plato’s principles of truth. Analysis of Suburban Journllists & The Post decisions work ethically together  All of which spin right back to the ethical news values stated in chapter 2 (Patterson Wilkens, page 35). "This is why you want multiple sources" (Pr. Kabak Class 3 Lecture) in your articles.. Values, Facts, Loyalty are diversity where “discretion demands moral reasoning” (Patterson & Wilkens page131).

Democracy holds all socially responsible for our actions in language, websites or social networking platforms,  the truth will be sound in a market place of ideas. Adios.



               



Works Cited:

Patterson, P. & Wilkens, L., Media Ethics: Issues and Cases 7th Ed., McGraw-Hill, New York 2011.

Volokh, Eugene, "The Troubling Implications of a Right to Stop Others from Speaking About You" (PDF). Stanford Law Review; Vol. 52, No. 5) 2000.




Kabab, Pr. J, CM 503 Class Lecture 3, SHU


Work Referenced:



 Andrew M. Grossman is Senior Legal Policy Analyst at The Heritage Foundation.

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