Alex Woolsey
J407- Article Response 1
September 29, 2009
In the article “Who watches the Watchdogs? The status of Newsgathering Torts against the Media in Light of the Food Lion Reversal”, author Enrique J. Gimenez argues there should be no First Amendment protection for journalists who use overly invasive tactics to collect information. While Giminez states the main point of his article is just that, he also argues certain torts, specifically intrusion, should be amended to allow for aggressive, not surreptitious newsgathering combined with the right to privacy, even in a public place. Although Giminez presents relevant information supporting his argument, I tend to only partly argree with his stance on this issue, and feel there should be some form of First Amendment protection for newsgathering.
Giminez sets up his argument with strong support from previous First Amendment cases resulting in the notion that the same First Amendment protection given to public speech should not be spread to newsgathering techniques. He then goes into great detail regarding the Food Lion, Inc. v. Capital Cities/ ABC, Inc case, this is the point in his argument where I start to disagree with his stance regarding journalistic protection for newsgathering techniques. In part IV Giminez states “ The third, and perhaps most crucial and difficult reform [of the intrusion tort] must entail a refusal of courts to apply a newsworthiness privilege in intrusion cases.” I however, believe the opposite.
As discussed in class, there is a gray area surrounding what is ethical investigative reporting. In the case Food Lion, Inc. v. Capital Cities/ ABC, Inc, the ABC reporters did not use the most ethical means of obtaining information, however that information was pertinent to the public. Yes, ABC chose not to air the footage until 5 months later, another unethical element of the case, however the story still served the publics interest, despite the poor way ABC handled the story.
As journalists, it is our duty to uphold a standard of ethics in every aspect of our reporting. Unlike Giminez, I believe that if there is a prominent sense of “newsworthiness” in a story, and that newsworthiness addresses the public interest, journalists should be able to obtain information, although it may be considered by some as surreptitious newsgathering .
