Abstract:The contemporary debate about "who is a journalist" is occurring in two distinct domains: law and professional ethics. Although the debate in these domains is focused on separate problems, participants treat the central question as essentially the same. This article suggests that the debates in law and professional ethics have to be resolved independently and that debate within those domains needs to be more nuanced. In law, it must vary depending on whether the context involves constitutional law, statutory law, or the distribution of informal privileges by government officials. In professional ethics, the debate should not be oriented around a single definitional threshold but should identify tiers that take account of different communicators' unique goals, tactics, and values.
As an institution designed to resolve disputes between the public and the American news media and to assess the ethical standards of the mainstream media, the National News Council (1973-84) was, at least in the USA, a ground-breaking institution. This study suggests, however, that the Council's work was anything but revolutionary, and that it probably did more to entrench the received tenets of American journalism than to either validate or refashion them. By applying a conventional set of ethical standards in its resolution of disputes, by repeatedly emphasizing the First Amendment rights of the media respondents, by violating its by-laws and allowing the media members of the Council to dominate its membership, and by ruling in the vast majority of cases against the public complainants, the Council's work provides grist for those who might question its legitimacy and its value as a model of authentic press-public collaboration.
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