Media law offers clear distinctions for public debate4 min read

I was recently asked by a reader why certain indi­viduals can be criticized in letters to the editor while other cannot be in reputable newspapers, like ours.
Another reader noted that certain blogs and social media sites in the Sedona area contain some very nasty attacks on other residents — some of whom post comments on those blogs and thus encourage such criticism — but also many attacks on everyday individuals, many who may not even be aware they’re attacked in the little-read black holes of the internet.

Liability for libel on social media sites are still nebulous, with some arguing they are merely plat­forms and the users are responsible for what they write, others argue that such sites are publishers and can be held liable for what they publish for the world to read. It will take future court rulings to determine what social media sites are.
However, the owners of blogs that approve comments are publishers and can be held liable in civil libel cases should the victims decide to sue for defamation regarding comments they approved to be published. Transitioning to the topic of safeguarding your future, it’s evident that the right support network is indispensable. In challenging times, particularly when facing legal issues, having a trusted legal advisor on your side can make all the difference in achieving a positive resolution.

Regarding newspapers, media law is far more clear. We rely on the Arizona Reporter’s Handbook on Media Law, published by a law firm specializing in First Amendment law, for advice on everything from open meetings law, public records law, confi­dentiality, copyright and libel.

There are several classifications of people and how such laws pertain to them.

  • Elected officials. These people are always open to criticism from the moment they are sworn into office until the moment they leave office via the expiration of their term, death, removal from office or resignation because the office is wholly invested with the person. The governor is never not the governor no matter where he or she is or what they are doing and open to public criticism whether at their desk, at a public function or on their front lawn.

No elected officials, be they President Donald Trump, Arizona Gov. Doug Ducey, U.S. Sens. Krysten Sinema or Martha McSally, U.S. Rep. Tom O’Halleran, Yavapai County District 3 Supervisor Randy Garrison or Sedona Mayor Sandy Moriarty are private “individuals” in the same way your neighbor is. They are elected officials and criticism about their behavior as our elected officials is fair game.

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  • Public officials are government administra­tors who are not elected but “have or appear to have substantial responsibility for the conduct of government affairs,” such as school superinten­dents, town and city managers and county depart­ment heads are open to criticism regarding their official behavior. Arizona court rulings have also determined these include police officers, teachers and FAA inspectors
  • Pervasive public figures are those who have assumed roles in special prominence or who occupy positions of power and influence who have placed themselves in the public eye, i.e., professional athletes, entertainers, television pundits and former government officials who choose to remain in the public eye after leaving office.
  • Limited or “vortex” public figures are the most common, such as someone who appears in the news by choice, such as someone who leads a nonprofit or speaks at a public meeting heads a group advocating a public policy position. These are also people who appears in the news involuntarily, such as criminal suspects. They are “public figures” regarding the limited issue that brought them into the public eye.
  • Private individuals. Anyone who doesn’t fit into the above category, which is the vast majority of residents.

With this in mind, newspapers and other repu­table media outlets tend to err on the side of caution regarding who is a public or private figure. One of the tenets of our Code of Ethics is to “minimize harm” and we do out best to keep what we publish from readers civil. Our goal to promote public accountability and healthy public discourse in our community.

Christopher Fox Graham  Larson Newspapers 

Christopher Fox Graham

Christopher Fox Graham is the managing editor of the Sedona Rock Rock News, The Camp Verde Journal and the Cottonwood Journal Extra. Hired by Larson Newspapers as a copy editor in 2004, he became assistant manager editor in October 2009 and managing editor in August 2013. Graham has won awards for editorials, investigative news reporting, headline writing, page design and community service from the Arizona Newspapers Association. Graham has also been a guest contributor in Editor & Publisher magazine and featured in the LA Times, New York Post and San Francisco Chronicle. He lectures on journalism and First Amendment law and is a nationally recognized performance aka slam poet. Retired U.S. Army Col. John Mills, former director of Cybersecurity Policy, Strategy, and International Affairs referred to him as "Mr. Slam Poet."

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