Digital books have proliferated with the invention of e-readers and e-reading apps over the last decade. Many of these books come from self-publishing–authors who write and publish the books themselves, eschewing traditional publishing houses and print copies. Some people do it as a way to get their words out there, while others use it as a way to make money on the side.

Either way, it is a market that is quickly becoming oversaturated with books that aren’t always of the highest quality, and often contain typos, inaccurate information, and in many cases, are plagiarized from other sources. Facing negative feedback, Amazon is changing the way people pay for their books by creating a by-page payment system. Read on to learn more about Amazon’s latest self-publishing policy.

Self-Publishing on Amazon

Self-publishing represents a huge part of Amazon’s profits–nearly 31 percent of e-book sales come from self-publishing. Books start at just $0.99 and jump up from there, with many books offering free promotions or BOGO opportunities for serialized works, though most works hover around $2.99-$3.99. In Amazon’s current model, readers generally buy the books outright–that won’t change; however, what will change is the way the Amazon Lending Library works.

It isn’t just a huge opportunity for Amazon, but rather a huge opportunity for the writing and reading communities. People who may not have been able to find publishers or agents are now able to at least get their words out there. And who knows what will happen? Self-publishing was E.L. James’ first step toward huge success.

Problems

Amazon has said that the program wasn’t actually for the readers, but instead came from the outcries of writers, who previously were paid $1.29-$2.88 every time that their books were borrowed through Amazon’s Lending Library program.

We’re making this switch in response to great feedback we received from authors who asked us to better align payout with the length of books and how much customers read. Under the new payment method, you’ll be paid for each page individual customers read of your book, the first time they read it.

But certainly there were readers involved in the complaints as well. Many were complaining that books weren’t to the level they were expecting or that they weren’t quality publications. Many thought that the books were just packed with “key words” that would simply rank high on the search, but that the actual quality of the pages wasn’t high.

Pay by Page

The idea behind Amazon’s new policy of pay by the page is simple: authors will get paid simply for the number of pages that a person actually reads. The thought behind it is that books that aren’t quite up to the standards readers expect won’t have as many people reading them cover to cover, so authors are incentivized to raise their games. It also offers a great chance for writers to get feedback and see where people are leaving their work–which is great because authors can edit anything they’ve posted to Amazon.

Starting on July 1, authors who specifically publish through something called the KDP Select Program will start getting paid per page, which is quite a large change from what they used to do. With the old method of payment, Amazon would simply split up the money that they made among authors based on the number of times their books were borrowed through one of Amazon’s Kindle options–either Kindle Unlimited, which is a sort of library subscription that costs $9.99 a month, or the Kindle Lending Library, which is available to Amazon Prime members.

Now, however, authors are paid for the amount of time the screen remains up. Amazon isn’t forcing authors into the program, but they can choose to opt in.

Amazon has had to do some work to get everything ready for the new program, which is only available through the Kindle Lending Library, including a standardization of page lengths and text sizes. TechCrunch warns that long dedication pages or quotes at the start of your book won’t help earn you money, either:

We calculate KENPC (Kindle Edition Normalized Page Count) based on standard settings (e.g. font, line height, line spacing, etc.), and we’ll use KENPC to measure the number of pages customers read in your book, starting with the Start Reading Location (SRL) to the end of your book. Amazon typically sets SRL at chapter 1 so readers can start reading the core content of your book as soon as they open it.

The program, which does cap the amount of money an author can make at $3 million per month, is currently in the first few weeks of testing, and there have been few initial reactions.

Criticism of Pay by Page

The idea hasn’t exactly gone over well with some authors. Hari Kunzru, author of “The Impressionist,” revealed his thoughts that the new payment system “feels like the thin end of a wedge.” He later went on to explain that he felt like Amazon was trying to assert its dominance over small-time writers.

Peter Maass, author of “Love Thy Neighbor” and “Crude World,” offered up a valid point, writing, “I’d like (the) same in restaurants — pay for how much of (a) burger I eat.”

Authors may be making less per book. Inquisitr explains: “That means if a book has a KENPC of only 100 and someone reads it from front to back, an author make 60 cents for the entire download. If they only read the first 10 KENPs, then the author makes six cents.”

A nameless literary agent explained to the Guardian why this could be a problem: “A lot of self-published romance authors are disabled, stay-at-home mums, or even a few returned veterans who work in the field because a regular job just isn’t something they can handle. People are shedding a lot of tears over this.” The new model could very well mean that these people will get paid less, especially as they tend to be the people who writer longer, novel-length books instead of “how to” guides that many “Professional Self Publishers” work on.

Just like any other situation, there are likely to be people who are going to take advantage of the system. People may make books that are significantly longer to take advantage of the money, or they may post shorter chapters that have fewer words per page. Running with that thought, the Guardian highlights an interesting problem:

But now we’re getting into murky territory. It is impossible to write a book that every reader will enjoy. Donna Tartt’s “The Goldfinch,” close to 800 pages long, failed to keep many Kobo readers engaged all the way through; data showed that around 55 percent of readers did not finish it. Yet “The Goldfinch” won the Pulitzer Prize for fiction. Do the figures prove that Tartt needs to learn from her readers and write a “better” book next time, despite being awarded one of the highest literary honours? Should she follow the numbers, or write the books she wants to?

Which leads us right into another problem: Do certain books have an advantage over other books under Amazon’s new policy? It would appear so as it not only has to do with length, but also with the genre of story. Memoirs and thrillers–known as page turners–would have a clear advantage over historical books or criticism, as they tend to entice readers to stick around the longest.

Conclusion

So will Amazon’s newest system benefit writers and readers? It truthfully depends on who you are and your writing style. Readers have the most to benefit from the system, especially if they use the Lending Library and can just return the book. However, it could also push writers to become more serious about what they do.

As the program is still in its infancy, there is no data that can explain how the system is fairing for authors or Amazon; however, Amazon is likely not willing to give up a large piece of profit, so if there are problems, changes will be swift.

Resources

Inquisitr: Kindle Unlimited KENPC Explained: Self-Published Authors Could be Looking at Massive Pay Cut

Kindle Direct Publishing: Kindle Unlimited Pages Read

Live Mint: Thrillers at an Advantage in New Amazon Royalties System

Tech Crunch: Amazon Tweaks Kindle Publishing Royalties to Encourage Page Turners

Guardian: Pay-Per-Page: Amazon to Align Payment With How Much Customers Read

Business Journal: Self-Published Authors Hoping For a Real Page-Turner

Gizmodo: Amazon Will Soon Start Paying Authors Based on e-Book Pages Read

New Republic: Amazon’s Pay Per Page Deal is No Big Deal

Publishers Weekly: Surprising Self-Publishing Statistics

Reuters: Amazon to Pay Self-Published Authors Based on Pages Read

Smashwords: 2014 Smashwords Survey Reveals New Opportunities for Indie Authors

Atlantic: What If Authors Were Paid Every Time Someone Turned a Page?

Reader’s Digest: How Can the Average Writer Make Money Self-Publishing e-Books?

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Is Amazon’s New Self-Publishing Pay-By-Page Policy Good For Writers? appeared first on Law Street.

You may have noticed lately that the prices at your local grocery store have been going up, and we tend to chalk it up to many things: rising gas prices, season, time of the month, or even the moon. Many of us will even pay more to shop in certain stores. When you think of grocery stores that cost a little for the ambience, you might think of Whole Foods. Just last week, the upscale grocery chain hit a rough patch when it was discovered that it has been overcharging its customers by a lot–and it has created problems for the grocery giant.

The Problem With Whole Foods

New York City’s Department of Consumer Affairs (DCA) is investigating the grocery chain for “systemic overcharging for pre-packaged foods” that affected several branches of the store. It was something that they had been monitoring for a long time, and had even warned the stores about; however, they found on multiple trips that there were many problems and incorrect markings.

Some of these problems were outlined in the DCA’s report, including packages that were labeled with heavier weights than they actually were:

• Vegetable platters that were priced at about $20 a package. The packages were all different sizes, averaging about $2.50 over. One package in particular was overpriced by a whopping $6.15.
• Chicken tenders, a staple in many households, were priced at about $9.99 per pound, but were marked up by an average of $4.13.
• Berries, currently in season, were priced at $8.58 a package, but customers were overcharged by $1.15.

These charges were widespread, and though they may only look like a few dollars, they likely added up quickly over time. The DCA concluded that “New York City stores routinely overstated the weights of its pre-packaged products — including meats, dairy and baked goods — resulting in customers being overcharged.”

However, Whole Foods spokesman Michael Sinatra says that the DCA hasn’t actually confronted the store:

Despite our requests to the DCA, they have not provided evidence to back up their demands nor have they requested any additional information from us, but instead have taken this to the media to coerce us.

This isn’t the first time this has happened. Just last year, Whole Foods had to pay an $800,000 fine in California for overcharging customers. So what can we do about this problem?

Rising Prices

The prices of different foods aren’t set by the government, like many think, but instead are a result of supply and demand. While the U.S. government does track prices, they are instead set by the wholesalers and growers of food.

One of the biggest causes of rising grocery costs is the prevalence of drought throughout the United States, especially in California. Drought affects everything from the crops that need water to survive to the cows that eat the grass. However, what the government can do is make sure that grocery stores are truthful when it comes to what they charge–and they can penalize those who don’t fall in line. In fact, that is exactly what they did to Whole Foods, which was fined “$950 for the first violation and up to $1,700 for a subsequent violation. The potential number of violations that Whole Foods faces for all pre-packaged goods in the NYC stores is in the thousands.”

Other Issues

Think the problem of overcharging is limited to just Whole Foods? There are a litany of other offenses that grocery stores have committed. In 2012, the Los Angeles Superior Court handed out a settlement of $1.1 million from Ralphs Grocery Co. because it overcharged its customers at the deli stand.

Some states, like North Carolina, allow for a small over- or under- charge on deli or weighted items. North Carolina allows a 5 percent discrepancy, but that hasn’t stopped the problem of overcharging. In fact, since November 2014, nine stores were fined by the state, including Dollar General, CVS, Target, and Walgreens, according to the North Carolina Department of Agriculture and Consumer Services.

What Can You Do?

Apart from reporting any discrepancies that you think you see to the management of your local grocer, what are some of the things that you can do to keep yourself from being taken advantage of?

There are multiple things you can do to check whether or not you are being charged too much at the grocery store. The New York Department of Consumer Affairs suggests checking your receipt for what can and cannot be taxed. They even offer a quick link to a hot list of items that can be taxed.

The Today Show, which did a whole segment on the charges, suggests that you should actually weigh items yourself just to make sure. Most grocery stores will have electronic scales that are fairly easy to work and will help you out. They also suggest that you should make sure you are paying for the things you actually get, and not things like ice on frozen fish or packaging.

Another suggestion is that instead of focusing on getting your money ready or looking at the candy bar display, you should watch as the cashier rings up your food items. You will catch many mistakes that way, and often they will be corrected without a fight.

Conclusion

At the end of the day, grocery stores are in the same market that everyone else is in: they want to make money. While there are governmental teams out there that can help with these problems, it is largely up to consumers to make sure that everything’s kosher.

When you are at the grocery store, try to be present and pay attention to the things you are purchasing. Understand that sometimes prices will rise and fall, but they should always be around the same price. Don’t be afraid to ask workers if something seems off, as you might just save yourself a few bucks and the company thousands in fines.

Resources

CNN: Whole Foods Accused of Massive Overcharging

New York City Consumer Affairs: Department of Consumer Affairs Investigation Uncovers Systemic Overcharging for Pre-packaged Foods at City’s Whole Foods

Salon: Whole Foods is Ripping You Off (And it Has Been For Years)

Amarillo Globe-News: Several Factors Determine Food Prices at Grocery Stores

Class Action: Court Hands Victory to Workers in Wage and Hour Lawsuit

Fox News: New York City Says Whole Foods is Overcharging Customers

Journal Sentinel: State Fines Four Stores For Overcharging Customers

NY Eatery: City Sting Reveals Whole Foods Has Been Overcharging New Yorkers Since 2010

,Today Show: Not Just Whole Foods: Beware Supermarket Overcharges

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Is Your Grocery Bill Breaking the Bank? It’s Not Just Whole Foods appeared first on Law Street.

Recent surveys have shown that a disproportionate number of Americans believe there is a problem in our country with fairness of the judicial system. Of course, there are various was that this comes to light, but one of the most prolific is judicial bias. From juvenile courts all the way up, it has been a problem for years.

But what indicates judicial bias, what can judges actually do if they feel themselves being biased, and what can citizens do about the issue?  Looking back historically, you can see areas where the problem may have existed, which is a good indication of where it will pop up again.

So the question remains, does judicial bias exist, or is it something that we are making up, and if it exists, what can we do?

Judicial Bias

In his book “Mediating Dangerously – The Frontiers of Conflict Resolution,” Kenneth Cloke wrote about the idea of judicial bias:

[T]here is no such thing as genuine neutrality when it comes to conflict. Everyone has had conflict experiences that have shifted his or her perceptions, attitudes, and expectations, and it is precisely these experiences that give us the ability to empathize with the experiences of others. Nor are there any genuine neutrals in courts, including judges, CEO’s, managers, and human resources representatives, all of whom have biases and points of view, including the bias of wanting to protect the organization from being disrupted by conflict. Judges have the most intractable bias of all: the bias of believing they are without bias.

With a few life-changing court hearings coming up in the Supreme Court and around the world, there have been many think pieces and questions posed by the media. One of those questions is whether or not the personal beliefs of Supreme Court justices will come into play. The right to a fair and speedy trial is promised to us in the Constitution, after all, so that should certainly extend to the top.

Judicial bias occurs when a judge has a bias when making a ruling in a hearing in which he or she has a specific feeling or attitude toward a party that will hinder them from acting fairly. In this case, the judge is actually hindering the right to a fair trial. Typically, a judge will recuse him or herself if a bias occurs.

Can we prove judicial bias?

The problem is that we often cannot prove that judicial bias exists. Now, many legislatures and jurisdictions have allowed parties to seek disqualifications if it appears that there was judicial bias. One example is Title 28 U.S.C. § 455, which has provisions for when a federal judge is biased against a party, as well as when a reasonable, disinterested party would think he has a bias. However, that doesn’t necessarily mean that this is an easy thing to do. There are many cases where a judge might be biased, but that doesn’t mean that the “reasonable” person would think so.

There is another problem to consider as well: the duty to sit doctrine. Many judges, especially those who are “old school,” tend to follow this. They are basically obligated to stay on a case that they have been assigned to handle unless they are forced to step away.

Sensitive Subjects

In many careers we are instructed to go with our feelings and think with our hearts in order to reach the best possible choices. However, that isn’t something that people would tell judges to do. That doesn’t mean it doesn’t happen, however.

New research has shown that judges, especially Supreme Court justices, will actively pick out the cases with which they identify. In their report, Lee Epstein of the University of Southern California and two colleagues examined nearly 5,000 decisions in 516 Supreme Court free-speech cases that spanned the decades between 1953 to 2010 to determine whether there was any bias. When the Economist looked at the paper, they explained the political bias in a funny way:

For example, if the speaker seeking first amendment solace is a pro-lifer rankled by restrictions on protests near abortion clinics, his rights are very likely to be recognised by Justice Clarence Thomas, a conservative, but not by Justice Ruth Bader Ginsburg, a liberal (see Hill v Colorado). And if the speaker is a high-school kid holding up a banner reading “Bong Hits 4 Jesus” on a school trip, you can expect Justice Thomas to harumph while Justice Ginsburg rises to defend the student’s free-speech rights (see Morse v Frederick). Right-wing justices tend to uphold conservative speakers’ rights and rule against liberal litigants; liberal justices smile on their ideological friends and frown at their foes, too.

While it is funny to think about it in those terms, it has many people thinking about some of the other places that judges could have bias and if it has ever happened before. Many of these include cases where the jury is included in the bias.

Religion

Many of the cases that judges and juries hear go back to morality and our personal beliefs. Many of us are exposed to religion from an early age, and it would be foolish to think that judges would be able to separate, at least completely, their deeply ingrained beliefs from the law. Certainly, there might even be a place for it. In an article from the Journal of Law and Religion, a quote from a former judge puts it into perspective:

It’s funny. . .I think it [religion] has influenced me. I think it’s given me a set of values. . .you know, every once in a while a reading from the New or Old Testament kind of strikes you and you just wouldn’t hear it–or I wouldn’t–or read it if it weren’t for that. It causes you to pause a little bit and do a little self-examination. I think that’s healthy. So I think that does influence my perspective.

There have been several cases in the last few years in which lawyers claimed religious bias against their clients. In Tennessee, a judge found himself in hot water after forcing a man to change his baby’s name from Messiah to Martin after he determined that “The word ‘messiah’ is a title, and it’s a title that has only been earned by one person, and that one person is Jesus Christ.” The child’s parents were there to settle a few different issues, including the baby’s last name.

While not in court, a Texas judge, Carter Tinsley Schildknecht, was issued a public admonition because  of some comments she made, including “describing District Attorney Munk as a ‘New York Jew’ and by criticizing a prosecutor’s beard because it made him look like a ‘Muslim’.”

Gender

One of the biggest sources of bias may be gender. In many of the cases where gender bias was found, it results in decisions that are based upon preconceived notions of sexual roles rather than on fair and impartial appraisals of individual situations. However, many people don’t see this bias because they are operating on those same preconceived notions.

In fact, New Jersey Supreme Court Justice Alan B. Handler wrote “[N]ot everyone has a nose for discrimination, especially in its most subtle forms. We are coming to realize that people are products of cultural conditioning which frequently obscures recognition of social wrongs…Discrimination frequently goes uncorrected because it is undetected.”

So what can we do?

Unfortunately, the idea that we can take away bias is misguided, as it is almost always going to be there. Just like in any other profession, bad judges do exist, but as they are in a power position, it can be hard to find a lawyer willing to expose that. The National Center for State Courts suggests that one of the biggest things we can do is reduce the wear and tear on judges by shortening their hours, provide more feedback on their performances, and encourage the courts to stay vigilant.

Even more so, we need to provide bias training to judges, and maybe even encourage them to do some research into the facts if a case involves someone’s religion, for instance. Diversity training has gotten a bit of a bad name, but it really does serve a purpose, and the courtroom may be the next place that needs it.

Conclusion

Bias is a part of life, unfortunately. Truly, we can never really let go of our bias, but judges have a responsibility to acknowledge it and try to make a fair judgement despite it. Juries have a similar responsibility, especially when they are still in the selection process.

Resources

Primary

U.S. Government Publishing Office: 28 U.S.C. 455 – Disqualification of Justice, Judge, or Magistrate Judge

Justia: Castellano v. Linden Board of Education

Additional

Douglas Ginsburg: Originalism and Economic Analysis: Two Case Studies of Consistency and Coherence in Supreme Court Decision Making

Journal of Law and Religion: Beneath the Robe: The Role of Personal Values in Judicial Ethics

Kenneth Cloke: Mediating Dangerously – The Frontiers of Conflict Resolution

Economist: Playing Favorites

Religion Clause: Texas Judge Disciplined For Religious-Cultural Bias

Reuters: Tennessee Judge Cited For Ordering Baby’s Name Changed From Messiah

University of Southern California: Do Justices Defend the Speech They Hate? In-Group Bias, Opportunism, and the First Amendment

Women Law: Operating a Task Force on Gender Bias in the Courts

American Bar Association: Overcoming Judicial Bias

American Psychology Association: Can Jurors’ Religious Biases Affect Verdicts in Criminal Trials?

NCSC: Strategies to Reduce the Influence of Implicit Bias

William S. Boyd School of Law: Chief William ‘s Ghost: The Problematic Persistence of the Duty to Sit Doctrine

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Judicial Bias: What’s Morality Got to do With It? appeared first on Law Street.

It started a few years ago: the calories and sodium that you are consuming when you sit down to eat a Big Mac or a Whopper stare at you from the side of the package. This phenomena occurred because of something called obesity lawsuits–legal claims by people who consume fast food at least a few times a week that they didn’t realize what they were putting into their bodies. Read on to learn about obesity lawsuits, their popularity, and the legal arguments behind them.

What Are Obesity Lawsuits?

The national conversation about what we eat and what is in it isn’t new, but it has exploded recently, from First Lady Michelle Obama’s initiatives to the school systems and even popular media. The food and drink community has been changing the way they make, market, and package foods, and it has all been either a direct result or a symptom of obesity lawsuits.

Most of the lawsuits that fit into this category come from people who blamed fast food restaurants for causing them to gain weight. They said that they weren’t aware of just how many calories they were consuming and that the companies used false advertising to say that they were healthier than they actually are. These lawsuits, as an overarching theme, also “claim that companies failed to warn consumers of the harmful contents of their food; that food advertising is misleading or deceptive; that food is addictive…or that defendants’ food contributed to consumers’ obesity.”

Obesity lawsuits have been around for decades. At least 26 states have banned any type of lawsuit against a fast food company, both restaurants and manufacturers. The Washington Post goes into more detail about these laws, stating they are:

‘Commonsense consumption’ laws, which prohibit people from suing food purveyors for making them fat, giving them diabetes, or adding to their high blood pressure.

LegalZoom points out that even though there isn’t a federal ban on the cases, there is a distinct bias from the system, which is why the ban proceeded with so much support.

Those who were for the ban on obesity lawsuits spoke out on Fox News:

‘The bill seeks to block lawsuits by people because they ate too much and got fat,’ says Rep. Chris Cannon, R-Utah, one of the bill’s sponsors.

‘We should not encourage lawsuits that blame others for our own choices and could bankrupt an entire industry,’ notes Rep. Lamar Smith, R-Texas.

In a conversation with The New York Times, the Steven C. Anderson, president of the National Restaurant Association, which represents the 858,000 small and large restaurant businesses around the country, said:

Within the industry, it has gotten everyone’s attention. While we are concerned, we think them to be frivolous.

But are these lawsuits frivolous, or are they surrounded by the stigma against the obese?

Obesity Lawsuits in Court

Negligence

Many of the plaintiffs that go up against fast food restaurants say that the food they receive is not as healthy as the restaurant would have them believe and that the quality of the food is not what was advertised in commercials. One of the most prolific cases against a fast food restaurant, Ashley Pelman et. al. v. McDonald’s Corporation, alleged that McDonald’s food items were dangerous for consumption and that McDonald’s was negligent in warning its customers. When proving this negligence, the plaintiff must prove:

1. The danger was not apparent to the average consumer;
2. The product is unreasonably dangerous for its intended use;
3. The plaintiff’s obesity was caused by the food in question; and
4. The harm would not have occurred had an adequate warning been given.

The judge who presided over this case said that:

If consumers know (or reasonably should know) the potential ill health effects of eating at McDonald’s, they cannot blame McDonald’s if they, nonetheless, choose to satiate their appetite with a surfeit of supersized McDonald’s products.

He dismissed the case.

Proving negligence can be hard, especially in situations of other unhealthy choices on the part of the consumer. This particular case did not do that, but it is held in high regard as one of the foremost cases for how to successfully sue a fast food company for negligence–those who do try to sue make sure that they can prove those four points before continuing onward.

Accountability

But what accountability does the fast food restaurant have? Those who have filed lawsuits against fast food restaurants have often said that the food is “unsafe for consumption,” due to its nutritional content, which is a harder sell in the court systems as there is no legal limit. For example, this is the same argument used against firearm manufacturers as well, but in those cases the arguments have not succeeded.

Plaintiffs also try to prove the manufacturer’s intent to sell the food using advertisements, public statements, and even internal documents. Once again returning to Pelman, they claimed that the promotional materials that said things like “Big N’ Tasty Everyday” encouraged regular consumption. They also quoted one of the nutritionists that McDonald’s featured on its website:

Our wide range of choices on our menu makes it possible for people to eat there three times a day if they wanted to.

Changing Habits and Addiction

The plaintiffs must be able to convince the courts that, if they had been given the appropriate and correct warnings about the food they were consuming, they would have changed their dining habits to something healthier. In other words: if the plaintiff had known that they were consuming something that was bad for them, would they continue to eat there?

There is really no foolproof way to determine that, but the courts must ask questions to make assumptions. Questions might include their current eating habits and if they lost any weight since they ceased visiting the fast food restaurant.

Overall, these cases are very hard to prove because of the amount of guesswork that needs to go in on all sides. A McDonald’s spokesman even said:

I don’t think that any of these lawsuits will prevail unless and until there is proof that fast food companies are intentionally and maliciously putting stuff into their food in an effort to make people ill or to addict them to the product. There is no proof of that–no hint of any proof of that–and I think that missing element makes these sorts of claims very difficult for courts to take seriously.

Results of Obesity Lawsuits

We first saw nutritional labels going onto our fast food containers around 2003 when the government believed that it would help Americans make healthier choices about their meals. This movement was all part of the Menu Education and Labeling Act that was proposed to make those choices easier. While the bill seemed to stall, McDonald’s was actually one of the first companies to start listing calories on its menus, saying it was to help customers make healthy choices.

There have been some modest improvement over the last ten years in some of the offerings available at fast food restaurants. According to Margo G. Wootan, director of nutrition policy for the Center for Science in the Public Interest in Washington DC,

Given the role of fast food in Americans’ diets, restaurants are in a unique position to help improve the diet quality in the U.S. by improving the nutritional quality of menu offerings. Modest improvements in average nutritional quality of menu offerings across eight fast-food restaurant chains were observed, which is consistent with both legislative efforts (e.g., banning trans fat) and the industry’s own statements about creating healthier menu options. However, considering that fast food is ubiquitous in the U.S. diet, there is much room for improvement.

Still, there hasn’t been much improvement in the choices that people are making while they are actually in the restaurant. In fact, fewer than half of the patrons at fast food shops actually notice that their food has calories listed, and it also really didn’t have an impact on what they ordered.

Conclusion

Obesity lawsuits and litigation are a problem that we need to solve, and that might just start with better education on all fronts. The stamping of calories and nutritional content on the sides of cups and the backs of hamburger cartons is a start for the companies. Now it is up to consumers to make the right choices for themselves. The argument will likely continue onward, even as more states push toward a complete ban on the obesity lawsuits.

Resources

Primary

U.S. Congress: MEAL Act

Food and Drug Administration: Summary of Changes in the FDA Food Code 2013

Additional

Bloomberg Business: McDonald’s Obesity Case Can’t Proceed as Group Suit

CBS News: McDonald’s Wins Fat Fight

Fox News: House Votes to Ban ‘Obesity Lawsuits’ Against Fast Food Industry

Center for Science in the Public Interest: Availability of Nutrition Information From Chain Restaurants in the United States

The New York Times: Teenagers’ Suit Says McDonald’s Made Them Obese

Virginia Journal of Social Policy and the Law: Fast-Food Lawsuits and the Cheeseburger Bill: Critiquing Congress’s Response to the Obesity Epidemic

Sun Sentinel: Fending Off the Big Mac Attack

Washington Post: These 26 states Won’t Let You Sue McDonald’s For Making You Fat

ABC News: Obese Man Sues Fast-Food Chains

Bloomberg Law: Where’s the Beef? The Challenges of Obesity Lawsuits

Huffington Post: Calorie Labels at Fast Food Restaurants Don’t Make a Difference

LA Times: Liability, Guns and the Law

Legal Zoom: Can You Sue a Restaurant For Making You Obese?

The New York Times: McDonald’s to Start Posting Calorie Counts

NPR: Nutrition Labels For Fast Foods

Organic Consumers Association: Junk Food/Obesity Lawsuits Alarm U.S. Food Giants

Politico: The Plot to Make Big Food Pay

Time: Can You be Fat and Fit — or Thin and Unhealthy?

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

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Chances are that if you buy merchandise online, you have probably made a PayPal account to streamline the process. Whether you just use it to pay for your iTunes purchases or to feed your late night Amazon habit, it can make your online shopping a little easier to handle.

PayPal is an online platform that allows users to connect their credit card or bank account information so that they don’t need to have their credit cards handy for purchases. Many online retailers allow users to sign in through PayPal. The online service also has its own credit card, which is at the center of a current controversy. Read on to learn about the controversy, what laws PayPal may have broken, and what’s next for the financial giant.

The Controversy

The Consumer Financial Protection Bureau recently filed a $25 million lawsuit in a Maryland district court against PayPal for deceptive practices; in particular, deceptive practices relating to the PayPal credit card. This agency’s main purpose is to “make markets for consumer financial products and services work for Americans–whether they are applying for a mortgage, choosing among credit cards, or using any number of other consumer financial products.”

What PayPal Did

Complaints against the company aren’t exactly new. In fact, there are multiple websites, such as aboutpaypal.org and paypalsucks.com, that detail many of the problems that people have with the company; however, many of those complaints have to do with customer service issues or confusion. The complaints at hand are a little more serious: as detailed in the CFPB suit, the complaint includes the following six counts:

1. PayPal enrolled customers in its credit card without their consent or authorization;
2. Customers who used account funds were billed through that credit card instead of having it taken out of their connected card or bank account;
3. PayPal did not accept, process, or post payments made to the PayPal card, resulting in late charges and changes in credit scores;
4. Paypal lied to customers about what they were receiving when they signed up for the card;
5. Paypal did not provide adequate information about the balances posted (deferred interest) and the information about promotional content–even for customers who did sign up for the credit card willingly;
6. Paypal employed unfair billing dispute practices.

You may not even be safe if you only used PayPal to pay for things online or have some funds in there from online payments. According to CBS Money Watch, PayPal actually signed up many users for credit cards without letting them know or sending them a physical card–meaning that many people didn’t even know that they were actually charging to a credit card, because they didn’t know they had one.

The result was an abundance of charges for users, particularly charges that were sometimes just taken out of the funds they had loaded into the website. Some consumers were also hit with overage fines and interest charges.

Why it Was Wrong

While all of the counts are bad enough to warrant a dispute, number five is particularly abhorrent. In fact, the CFPB described the conduct as “abusive” in its report. However there was some debate over that–the National Law Journal reports on the difficulty:

In its complaint, the agency listed six charges against PayPal, including one that details the conduct the CFPB said was ‘abusive.’ The agency has declined to define abusive conduct—a standard that’s apart from long-established consumer protection terms ‘unfair’ and ‘deceptive’—through any regulation.

Instead, the CFPB is laying out what it means one enforcement action at a time. For lawyers and their clients, and even members of Congress, understanding the parameters of abusive practices has been unsettling.

‘How can companies comply with this law?’ Rep. Sean Duffy, R-Wisconsin, asked at a 2012 oversight hearing, calling it ‘a subjective standard with no bright line.’

What happened to customers really depended on when they signed up–or were signed up–for a credit card. A customer with a PayPal card could have two balances: one for the card that was free from interest and another that had an interest-accruing balance. Customers were told they could decide what payments went where, but that was not true. They were also lied to about the minimum payment due–and attempts to talk to customer service often resulted in the age old “we are experiencing an unusually large call volume” message.

What Rules Do Credit Card Companies Have to Follow?

There are several laws in place that help protect consumers from being taken advantage of with their credit cards. These laws are part of the reason that the Consumer Financial Protection Bureau even found the problem with PayPal. In 2010, President Obama signed something called the Credit CARD Act, also referred to as the Credit Cardholders Bill of Rights. According to the CFPB, the law has two key purposes:

Fairness – Prohibit certain practices that are unfair or abusive such as hiking up the rate on an existing balance or allowing a consumer to go overlimit and then imposing an overlimit fee.

Transparency – Make the rates and fees on credit cards more transparent so consumers can understand how much they are paying for their credit card and can compare different cards.

That is the law that this particular case focused on, but there are a few other laws that credit card companies have to follow that illustrate the issues with PayPal’s deception.

Truth in Lending Act

When you go to get a credit card or a loan from your bank, you are immediately on an uneven playfield. The Truth in Lending Act is supposed to shield you from unfair lending practices. This means that a bank or credit card company has to tell you orally and in plain written language the terms, interest rate, and any other hidden fees.

Fair Credit Billing Act

This law kicks in once you have a credit card and protects you against inaccurate billing. If you meet predetermined guidelines, this act limits your financial responsibility for unauthorized charges up to $50. It also assures that you don’t have to pay for merchandise you ordered but never received, goods and services you didn’t accept, and double charges.

Fair Credit Reporting Act

Credit companies, lenders, and banks report your credit activity to the credit bureaus. The Fair Credit Reporting Act, most recently changed in 2003, ensures that your information is correct. It gives you the right to dispute inaccuracies and to access your credit score and file. This law also protects who can see your credit file. The only people who have access are those with need: a creditor, a landlord, an insurer, or a prospective employer.

What Can Those Affected Do Now?

For its part, PayPal (and parent company EBay) now seems to be remorseful over the situation, and in an email to Bloomberg, a spokesperson for the company seemed hopeful that it would take care of everything and make it right:

Amanda Miller, a spokeswoman for PayPal, said the company ‘takes consumer protection very seriously.’

‘We continually improve our products and enhance our communications to ensure a superior customer experience,’ Miller said in an e-mail. ‘Our focus is on ease of use, clarity and providing high-quality products that are useful to consumers and are in compliance with applicable laws.’

As for those who have been affected, $15 million will go right back into their pockets. PayPal is said to be sending out emails in the coming weeks to customers who qualify for reimbursement. There is also going to be a $10 million fine against the company.

Conclusion

At the end of the day, we have all signed up for things and haven’t read the fine print. However, it is a lot more difficult to read something when you don’t even know it applies to you. PayPal received a pretty hefty slap on the wrist, and the hope is that other credit card companies and money lenders see this and change some of their shady business practices.

Resources

Primary

Consumer Financial Protection Bureau: The Credit CARD Act

Federal Trade Commission: Fair Credit Reporting Act

U.S. Department of the Treasury: Truth in Lending Act

Additional

Credit Cards: Obama Signs Credit Card Reforms Into Law

National Law Journal: Why the CFPB Found PayPal’s Conduct ‘Abusive’

Bloomberg Business: PayPal Will Pay $25 Million to Resolve CFPB Bill Me Later Claims

CBS Money Watch: Feds Say PayPal Illegally Signed Consumers up For Credit

USA Today: PayPal to Pay $25M in Refunds and Penalties

SlashGear: PayPal Ordered to Pay $25 Million over Deceptive Practices

Wall Street Journal: PayPal Says it May Face U.S. Lawsuit by June

Wall Street Journal: PayPal to Pay $25 Million to Settle Online Credit Claims

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Use PayPal’s Bill Me Later? You Might Get a Refund Due to Shady Practices appeared first on Law Street.

Mental illness is something that the American justice system has been dealing with for decades; particularly how to handle suspects suffering from it, how to determine who is mentally ill, and what are the best practices for apprehending, sentencing, and holding those people.

Mental illnesses are defined medically as “disorders that affect your mood, thinking, and behavior. Examples of mental illness include depression, anxiety disorders, schizophrenia, eating disorders, and addictive behaviors.” There’s no easy way to define a mental illness, and certain diseases don’t affect everyone in the same ways. That ambiguity is where many problems stem from–how should police deal with those who have mental illnesses?

Accusations of Police Brutality Against the Mentally Ill

The United Nations

The United States had to stand before the United Nations in Geneva last week to defend its human rights record. While this is a routine endeavor, it is still something that reflects badly upon the country and its leaders. There were a lot of topics to cover, but the most prevalent was police brutality. A staggering 120 countries were there to offer recommendations, making it one of the best-attended hearings in the history of the UN, and each country was given 65 seconds to speak. Countries from every corner of the globe stressed that police brutality and discrimination has to end. One of the main things that the discussions centered upon was the way that police officers treat mentally ill suspects.

Human Rights Watch Report

That wasn’t the end of the criticism over the way that the United States treats people with mental illnesses in the justice system. Also last week, Human Rights Watch produced a report that chronicled the daily lives of mentally ill inmates in America’s prisons, showing that the issues in the justice system extend far beyond police brutality. The report, coming in at a staggering 127 pages, is packed with stories of neglect, abuse, improper medical care, corporal punishment, and unnecessary solitary confinement.

Some of the stories reported were particularly troubling. There is one incident about a man with schizophrenia who lunged for a police officer. As punishment, they strapped him to a chair, put a mask over his face, and sprayed pepper spray directly into his face under the mask. There are stories of many inmates who were found dead or unconscious laying in pools of their own urine, vomit, blood, and feces.

One of the most harrowing stories is what happened to 50-year-old Darren Rainey, who, according to the report, had a “diagnosis of schizophrenia, [and] was housed in the inpatient mental health unit at Florida’s Dade Correctional Institution while serving two years on a cocaine charge.” His mental health caused him, at times, to smear feces on himself. The correctional officers would then have to transport him to the showers and help him clean up. The report alleges that the officers took Rainey to a broken shower that could be turned to scalding. He could not control the water nor leave the shower as the police closed the door. He stayed in the scalding shower for nearly two hours. When the police finally opened the door, they found him unresponsive and without a pulse. When they moved him, it was discovered that “he had burns over 90 percent of his body, and his skin was hot/warm to the touch and slipped off when touched.” There has not yet been a medical report on his death and the police investigation is ongoing.

The Treatment Advocacy Center estimates that there are about 360,000 prisoners in 5,100 American jails and prisons with serious mental illnesses–particularly schizophrenia, bipolar disorder, and severe depression. That statistic has caused many people to wonder what exactly are the “rules” that the police have to follow when dealing with the mentally ill?

Should the mentally ill even be incarcerated?

There have been many discussions about exactly what rights a person with a mental illness has when he is arrested. Of course, there should be differences depending on the type and severity of the mental illness. But as a general rule, most protocols haven’t been broken up that way–instead, there are blanket policies for everyone, and they often deal more with procedures that need to be followed after the arrest. There are many allegations that the police act too harshly when dealing with suspects who have mental illnesses.

Some states have taken their own unique approaches. California, for example, has thoroughly questioned whether or not the Americans with Disabilities Act protects mentally ill suspects from being arrested and brought into the traditional justice system. That notion stems from a situation where a mentally ill woman, Theresa Sheehan, was shot five times after she waved a knife at police officers–police officers who knew she was mentally ill, as she had a history of mental breaks and was in a halfway house. The case was recently investigated by the United States Supreme Court.

In light of that case, Ron Honberg, Director of Policy and Legal Affairs at the National Alliance for Mental Illness (NAMI), said that law enforcement officers “have become first responders to people in psychiatric crisis,” but that “oftentimes, their traditional academy training doesn’t really teach police how to respond to such crisis.”

The Supreme Court found that the police were “immune” in the Sheehan case, stating:

A federal district court sided with the police, ruling that it would be unreasonable to ask officers trying to detain a violent, mentally disabled person to comply with the ADA before protecting themselves and others. But the 9th U.S. Circuit Court of Appeals said a jury should decide whether it was reasonable for the officers to use less confrontational tactics.

Testing and Treatment

So what are the policies once someone who may have a mental illness is actually arrested? If the police arrest someone whom they suspect is mentally ill, they are supposed to have them checked out by a mental health professional, which will typically result in a 24-to-72-hour stay in a mental health facility.

Family members of the mentally ill person can also ask for a police transport to the hospital if that was not an option during the arrest. This is sometimes called a “5150 hold.”

Certain states have stipulations against arrests of the mentally ill. A New York State guide for lawyers explains:

Under Criminal Procedure Law section 730, a judge who has reason to believe that a criminal defendant may be ‘incapacitated’ must order that the defendant undergo a psychiatric examination. ‘Incapacitated’ in this context means that because of mental disease or defect, the defendant is unable to understand the proceedings against him or assist in his own defense. A ‘730 exam,’ as such exams are referred to, can be requested by a defense attorney or an assistant district attorney, or may be ordered upon the judge’s own initiative.

Other states have similar stipulations. Denver has seen 11 deaths in 2015 after police have been called to the site of a mental breakdown–including one where a veteran was wielding scissors. The state is looking at its training and laws, but also considering on-site questions and tests.

The Supreme Court of Michigan recently ruled in a case against police that they used force against a mentally ill inmate:

That the evidence provided by plaintiff, indicating that the police were inadequately trained in dealing with the mentally ill and using impact projectiles, is sufficient to survive summary judgment. Plaintiff’s expert, retired Captain Van Blaircom, who is former chief of police for the City of Bellevue, Washington, testified that the Defendant officers should have known that the manner in which they approached the decedent would escalate the confrontation. According to Van Blaircom, the officer’s treatment of the situation, combined with their statements that a mentally ill person should be treated as any other person, regardless of the situation, indicates that the police department’s training dealing with the mentally ill falls well below the reasonable standard of contemporary care.

Conclusion

Overall, there seems to be some movement toward reform for police brutality against the mentally ill, but there is still a lot of ground to be covered, and covered quickly before anyone else dies. Procedures need to be enacted to ensure that officers deal fairly and effectively with suspects who are dealing with a mental illness. It is only through developing those policies that we can ensure all Americans are treated humanely.

Resources

ABC News: High Court: Police Immune Over Arrest of Mentally Ill Woman

Human Rights Watch: Callous and Cruel

Guardian: Police Shooting of Mentally Ill Woman Reaches US Supreme Court

Mayo Clinic: Mental Illness

Public Agency Training Council: Dealing With the Mentally Ill and Emotionally Disturbed in the Use of Force Context

Urban Institute: The Processing and Treatment of Mentally Ill Persons in the Criminal Justice System

Urban Justice Center’s Mental Health Project: How to Help

Aljazeera America: US Cited for Police Violence, Racism in Scathing UN Review on Human Rights

Coloradoan: Supreme Court to Rule on Arrests of Mentally Ill

Mother Jones: There Are Ten Times More Mentally Ill People Behind Bars Than in State Hospitals

National Alliance on Mental Illness: A Guide to Mental Illness and the Criminal Justice System

National Institute of Corrections: Mental Illness in Corrections

Schizophrenia: How to Help a Mentally Ill Family Member Who Has Been Arrested

Treatment Advocacy Center: More Mentally Ill Persons Are in Jails and Prisons Than Hospitals: A Survey of the States

LA Times: L.A. Police Accused of Excessive Force in Arrest of Mentally Ill Man

Mental Illness Policy Org: Criminalization of Individuals with Severe Psychiatric Disorders

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

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From a walk through a subway station to prime time television, dance is all around us. However, with so many people throwing their feet into the game, choreography copyrighting has become a bit of a confusing mess. There is a basic part of choreography that many people do not understand: the creator of the dance does not always own the copyright to the moves. In many cases, especially with tour productions and Broadway musicals, the copyright actually belongs to the producers of the show.

It gets complicated when there are more than one or two people who have created the work, as is the case with many dance teams. There have been cases where a choreographer has simply listed other dancers in order to credit them for an idea or two (which can be as simple as a turn or a hand movement), without realizing that listing them actually gives that person the right to reproduce that work elsewhere.

So, how exactly can you copyright choreography? First, one has to define choreography. It is not as simple as a few dance moves strung together. Instead, Martha Traylor, a legal commentator, has suggested that we define dance as the “planned movement, set into a time frame, for the benefit and enjoyment of the passive observer.” She also notes that this broad definition of dance would provide statutory copyright protection for “everything from circus productions and stage movements of actors to figure skating.”

It can get confusing, but there are a few ways to analyze the complicated world of choreography copyrighting.

The Copyright Act of 1976

When we talk about copyright, the first thing we must turn to is the Copyright Act of 1976, which lays out the ground rules for the many different things that we can copyright. The choreography rules fall under different sections, including those for dramas and pantomime.

The act gives exclusive rights to copyright owners, which include:

• The right to make copies, either digitally or physically, of the work.
• The right to sell these copies to the general public.
• The right to use the work in a different capacity (derivative works).
• The right to perform the work in public and collect money for the performance.

These rights belong exclusively to the copyright holder, but can be sold to others to use the choreography. This often happens in new adaptions of older works, like a modernized musical.

But who owns the work in the first place? That depends on how the choreographer was hired.

The “Owner” of the Choreography 

Most choreographers start out in a “work for hire” or freelance situation: they are brought in to choreograph something small for a theme park, a small-time music video, or a commercial. In this case, the employer owns the work that the choreographer creates. As the person hired is technically an employee of the entity, that piece of work now belongs to the company that did the hiring.

Some choreographers, especially those who are more well-known, will try to negotiate the rights to a particular piece of dance with varying levels of success.

One of the most beloved routines from the last hundred years has been the choreography in West Side Story. The moves are iconic to those in the know. However, it is also a work that many try to steal or emulate–and the copyright owners are watching. In a recent season of Dancing with the Stars, one of the pros tried to recreate the choreography. However, they couldn’t use any of the iconic moves. If they did so, it could have caused ABC some major problems. What resulted was a dance that reflected the style of the musical, but didn’t use the same routine.

One of the most well known court cases in choreography was the Martha Graham case, where a copyright controversy came up upon the death of beloved artist Martha Graham. She had established a dance school where she helped create over 50 pieces of work that were shown on the stage. However, she never established a copyright to the works between her and the school that she founded.

The case went to trial in 2002. The court used the work for hire law and established that “that 45 pieces were owned by the center and school, five belonged to those who had commissioned them, one belonged to the heir, 10 were in the public domain, and no one could prove ownership of nine works.” Her family lost out on potential profit because they couldn’t prove they were her design.

While this was a mistake made by a bigger artist, many small time choreographers have had similar problems.

More Than One Owner

Today, many shows, tours, or dance troupes will have more than one choreographer that helps to prepare the dances. Often, this includes a main choreographer and someone that assists them. In this case, there can be two or more owners of the copyright. However, it can only be considered a “joint work” if their work is combined and it is inseparable or interdependent on the other contributor’s work.

The U.S. Copyright Office considers joint copyright owners as equals–meaning that one person does not have more rights to the piece than the other person. In fact, unless the joint owners make a written agreement, each copyright owner has the right to commercially exploit the copyright. However, that does not mean that one person can just up and run with the piece–the other person needs to get an equal share of the profits, or the other half can buy them out if they think that will be more profitable.

Musical Copyright and Dance

While music is its own beast when it comes to copyright, there are also considerations you need to take with music and choreography. Think of the dances that we know best: the Macarena, the Single Ladies routine, the “Chorus Line” moves, and even the dancing from “Pitch Perfect”–they all are dependent on the music they accompany. All copyrighted popular music resides in the catalog of “performing rights organizations,” like the American Society of Composers, Authors and Publishers (ASCAP). Getting the rights to those songs often takes a long time and costs a lot of money.

Getting the music for a number is explained by Dance USA:

If a work was published in 1923 or later (that is, you are looking at a printed score and the copyright notice is dated 1923), it is protected by U.S. copyright law in this country. In addition, a large group of works, largely of Russian but also other origin, was restored to copyright in 1996 for the U.S. under GATT. The 20 year extension put into law in 1998 also has an impact on the works covered by this treaty.

If a work is a 20th or 21st century arrangement of an existing work, whether the underlying work is still protected by copyright or already in the public domain, you will need to clear performance rights.

Getting those rights will require a lot of knowledge from the choreographer: like what they are using it for, the size of the performance, and the cost of tickets.

Conclusion

Overall, getting the rights to a piece of work or even copyrighting your own work can be confusing. Choreography, like any other form of art, is protected and heavily regulated. The confusing web of laws surrounding the industry have led to problems for some, but at the end of the day, protects those who invest their time into creating the dances and musical numbers we all are able to enjoy on screen or on stage.

Resources

Primary

U.S. Congress: The Copyright Act of 1976

U.S. Congress: Copyright Law Revision

Additional

Dance USA: Guide to Music Rights for Perplexed Choreographers

Digital Commons at LMU and LLS: Duet of Discord: Martha Graham and Her NonProfit Battle Over Work for Hire

AVOO: The Business of Choreography: The Relationship between Copyright and Dance

Campbell Law Review: Dance and the Choreographer’s Dilemma: A Legal and Cultural Perspective on Copyright Protection for Choreographic Works

Dance USA: Music Licensing 101: The Pretty to the Nitty-gritty

Fordham Intellectual Property, Media and Entertainment Law Journal: Authorship, Ownership , and Control: Balancing the Economic and Artistic Issues Raised by the Martha Graham Copyright Case

Gallagher, Callahan, & Gartrell: Copyright Basics for Musicians

Kent Law: Copyright and Choreography: What Constitutes Fixation?

New England Law Review: Choreography, Pantomime and the Copyright Revision Act of 1976

New Leaf Legal: DWTS and “West Side Story” Copyright Issues: Explanation and Speculation

Copyright Crash Course: Who Owns That?

Quinnipiac: Dancing Around the Issues of Choreography and Copyright: Protecting Choreographers After Martha Graham School and Dance Foundation, INC. V. Martha Graham Center of Contemporary Dance, INC.

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Who Owns a Dance? The Complexities of Copyrighting Choreography appeared first on Law Street.

Thousands of people try to make it big in the comedy world each year. Whether you are making YouTube and Vine videos or you are working the comedy club circuit, what rights do you really have to your own material? Successful comedy builds on the human experience, so many jokes seem to be about similar topics, but what are the chances that the wording two comedians use will be the same?

Accusations are thrown from one comedian to another over who really “created” a bit, causing problems for everyone from the late Robin Williams to Jimmy Fallon. It’s important to keep in mind that jokes are in essence little stories or songs–it takes time to perfect the verbiage, and then it takes even more time to perfect the delivery. These jokes, theoretically, are the creative property of the person who initially tells them, but it’s a little more complicated than that. Read on to learn about different rights and controversies in comedy plagiarism.

Protecting Comedy

Legally, it can be very difficult for comedians to protect their content–much harder than it would be for writers, singers, or even actors. Most comedians don’t record their shows, especially when they are just starting out in the business. They also may change up their routines each night depending on the way they read the crowd. They might tell the same joke, but use different words or a different delivery, which makes it hard to prove that it was “their” joke. Many comedians are now recording their sets (made easier with the proliferation of smartphones) as a way to publicize their acts, but also in anticipation that there will be some way to copyright what they do.

Copyright in the Internet Age

Comedians who post material on YouTube, Vine, or other social media sources face an even higher risk of being infringed upon because often the videos get buried in the plethora of material found online. In the video below, check out the reactions of YouTubers who watch Jimmy Fallon sketches that many claim have been stolen from famous YouTube comedians or video-bloggers. The comments come toward the end of the video.

The Independent recently published a piece highlighting the trouble with plagiarism within the comedic community. In an article titled “Plagiarism is No Laughing Matter for Comedians,” Gary Delaney, a British comic, spoke about his own interactions with the internet and his material:

It used to be the case that a comic’s set would last decades. But now I’ve got jokes I wrote in May, June, and July that aren’t working by October because they’ve been absolutely trashed around the Internet.

There are some products currently available to comedians, including a piece of software called iThenticate, which is often used by students to check papers for plagiarism; however, it could also be used to help comedians determine if their jokes have been duplicated online. The catch is that it can only find jokes that have been plagiarized in someone else’s writing, not in another format such as audio or video.

YouTube is able to find duplicate content through a system called ContentID; however, this system only works for videos that are similar–so it won’t do anyone any good if it is someone different telling the jokes or doing a funny scene. It just catches people who re-upload someone else’s videos.

YouTube itself has plagiarism rules, but they tend to focus more on the “big” companies or figures. For instance, reposted videos from Jimmy Kimmel’s “Celebrities Read Mean Tweets” series are more likely to be found and deleted than someone finding and re-posting a make-up tutorial from Gigi Gorgeous–even though she has well over a million followers. It all has to do with who brings in the most money, and that tends to be powerhouse comedians with television followings.

YouTubers, especially famous YouTubers like Jenna Marbles, Grace Helbig, Tyler Oakley, and Shane Dawson–have taken to doing “challenges” where they credit the original idea, but the question remains as to whether or not those will catch on.

So, can you steal comedy?

What exactly would the stealing of jokes entail? Since we are all living in the same world, it is important to note that the best jokes are often rooted in current events. This means that many jokes will have similar tones or topics, but the punchlines will be different. Take a look at this video of the late night hosts making similar jokes about ObamaCare.

Each one has a similar topic and each one has similar points–but they all tell the jokes a little bit differently with unique styles and takes on the topic.

Famous comedians, including Patton Oswalt, have admitted that sometimes jokes can be similar, even if someone has never heard the joke before. He also says that sometimes the joke slips out without thinking, saying: “Sometimes someone else’s joke sneaks into one’s brain without attribution, leading to an accidental instance of punch-line thievery. But the correct thing to do in that case is apologize and not do it again.” In fact, some of our most famous comedians have “stolen.” Milton Berle is a classic comedian, and even he has admitted to borrowing a joke or two.

But what is it that makes a joke original and someone’s property in the first place? That’s another problem that comedians have to identify and contend with. For example, “SNL” was recently accused of ripping off a “tiny hats” sketch. The two sketches in question here actually aren’t that similar, save for the fact that characters in them wear tiny hats as part of the punchline. Tim and Eric, the comedians doing the accusing, essentially claimed ownership over the comedic idea of tiny hats–but how could someone determine if that’s true? There’s no easy answer to these kind of controversies, or any real body of law to help comedians make these judgments.

Case Study: Carlos Mencia

One of the most reviled comedians of the last few years is Carlos Mencia, who was confronted at one of his shows for stealing jokes. A video of the confrontation is found here. It contains graphic language, and most likely is not appropriate for work, but shows the argument between the comedian and his accuser.

Mencia has been accused of stealing jokes from George Lopez, Ari Shaffir, and Bobby Lee. One of his more famous accused thefts comes from Bill Cosby.

Though there was really nothing that any of the comedians could do about the theft, Mencia still felt the repercussions after the accusations. His fanbase shrank and a comedian who once had a bright career now struggles to pick up the pieces.

But Mencia is just one example of comedians who have been accused of stealing jokes. “South Park”  came under fire over an “Inception” joke that was already written for College Humor. Future “Daily Show” host Trevor Noah was accused of stealing jokes from Russell Peters. In another instance, Howie Mandel was accused of stealing a  joke from an “America’s Got Talent” hopeful.

Conclusion

So is there a reason to create laws around jokes and the rights of comedians? The United Kingdom already has some select laws, including one that says that any joke that is recorded is the sole property of that person. In an age where almost everything is recorded, we might be getting there worldwide. Until then, it is up to comedians to hold him or themselves accountable for the material they deliver–it ought to come straight from them and their own mind. While the laws may not quite be there yet, public reception is still something for comedians to worry about.

 Resources

Independent: Plagiarism is No Laughing Matter For Comedians

Time: Patton Oswalt on the Unsavory Business of Joke Theft

Center for Journalism Ethics: Comedian Daniel Tosh Calls Out ESPN For Plagiarism… With a Bit of His Own

Comedy Clinic: BUSTED! Comedian Caught Stealing Another Comic’s Material During ‘America’s Got Talent’ Taping?

Cracked: Six Ways to Not Suck at Stand-Up Comedy

Mediaite: Comedian Russell Peters Claims Trevor Noah Steals Jokes: ‘You Don’t Borrow in This Business’

Mental Floss: Stop Me if You’ve Heard This Before: A Look at Comedy Plagiarism

Plagiarism Today: YouTube’s Copyright Problem

Plagiarism Today: The Copyright Frustrations of a YouTuber

Slate: For Sale: Milton Berle’s Complete Joke Files

Split Sider: Is There Ever a Justification for Joke Stealing?

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Already Heard That One? Problems in Comedy Plagiarism appeared first on Law Street.

We’ve seen it all over the news lately–parents getting into trouble when their children are truant from school without a valid excuse. While to many it may seem easy to get an excuse letter signed or send in a note the day after the absence, sometimes parents aren’t able to take those steps, or don’t know about their children’s absences from school. In a time of more testing and government regulations in our schools, administrations have elected to pay more attention to when students are staying home, and more importantly, why they are staying home. Read on to learn about truancy laws in the United States and the consequences that may arise for some parents if their children don’t attend school.

What truancy means for each student, school, and state varies. While Strategies for Youth, a non-profit, defines truancy as simply “an unexcused absence from school,” the definition of what an excused absence is, and what being “truant” means depends on the state and sometimes even the school district.

Another organization, Truancy Prevention, breaks down the level of states’ involvement even more:

Any unexcused absence from school is considered a truancy, but states enact their own school attendance laws. State law determines 1) the age at which a child is required to begin attending school, 2) the age at which a child may legally drop out of school, and 3), the number of unexcused absences at which a student is considered legally truant

Each state and school is different, so if you’re curious about specific truancy laws, the best thing to do is look in your individual school handbook to figure out the rules.

Case Study: Eileen DeNino

One extreme case that has gained national attention is that of Eileen DeNino of Reading, Pennsylvania. The 55-year-old mother of eight had to serve a two-day sentence because she owed the court system money due to her sons’ truancy issues. Two of her sons had been absent more than the three days that Pennsylvania allows and were fined repeatedly over several years. She never paid the fines, which landed her in jail; however, the first night of her stay she started complaining that it felt hard to breathe. Jail officials allegedly ignored her pleas for help, thinking she was just trying to get out of serving her time. Her cellmate said that she was moaning in pain the entire time. She died later that night due to complications from a previous medical problem.

Critics have said that her stint in jail is reminiscent of debtor’s prison, which is illegal, while others have said it was wrong because her children were making the decisions on their own. The coroners found that the prison system was not in the wrong.

The law that DeNino broke applies to Pennsylvania, where staying home from school for more than three days is considered truancy. In Berks County alone, “more than 1,600 parents—most of them mothers—have been jailed” for truancy.

A call for reform?

DeNino’s death has led to some calling for change within the education system. While consequences are one thing, parents being fined or put in jail because their children were absent is viewed as something else entirely. Each year, many parents experience problems with a child’s truancy, which commonly leads to fines, loss of custody, and probation for juveniles and/or parents. In some cases these children can be placed in foster care.

For example, in October 2014 the Florida State Attorney’s office issued warrants for the arrest of 44 Jacksonville parents of truant children. One couple, Lucius Corbitt III and Afton Nolan, were both arrested after their daughter missed 40 school days over a three-year period; however, their daughter still made honor roll and was at the top of her class.

“Maybe there are some kids whose parents didn’t want to send them to school,” Corbitt told The Florida Times-Union. “But when my child missed school, my wife and I got make-up work and she passed. … Most days she missed we had doctor’s documentation, but it is so hard to get someone at the school board. It really is crap.”

In other states, such as California, officials have been sent out to do “truancy sweeps” to check up on students who stayed home. In one particular sweep, six parents were arrested, including one parent whose child missed school 21 times. In this situation, most parents were offered parenting classes.

The Arguments For Parent Punishment

There is a reason that we have truancy laws and why students can’t just go to school only when they feel like it. In 1889, the Chicago Board of Education argued, “We should rightfully have the power to arrest all these little beggars, loafers, and vagabonds that infest our city, take them from the streets and place them in schools where they are compelled to receive an education and learn moral principles.”  This was during a time when nearly a quarter of the juveniles jailed in Chicago where there for truancy. By 1918, every state had a law that made school attendance mandatory.

It wasn’t until 2001 and the start of No Child Left Behind that schools had to report this data to the state. Many surmise that the goal was to identify parents who weren’t taking care of their children or were negligent. Since then, more and more government officials have been calling for stricter regulations on truancy, specifically for teenagers.

Recent research has shown that many students are absent at least two days a month, often because the student just didn’t feel like going to school. That is a problem that we need to face, and starting with parents might be the best approach to take.

 Arguments Against Truancy Laws

Most of the cases that we hear about involve teenagers. Some critics of truancy laws feel that teenagers today don’t really feel the effects of the mistakes they make–and this is just another example of that. Parenting website the Stir poses the question:

What’s more, what are we teaching kids about taking responsibility for their own actions, and their own lives, if we’re making parents pay for their misdeeds? Once kids reach their teenage years, it seems to me, it’s time for them to take more responsibility for their own decisions, not less.

Others have claimed that throwing parents in jail isn’t something that will help anyone in the family. According to the Marshall Project, “the criminalization of truancy often pushes students further away from school, and their families deeper into poverty.” Instead of focusing on parents, some hope to focus on the schools and determine why teens are using any excuse not to go.

In some states, the child does face the brunt of the punishment. Some states are even allowed to take away the driving privileges of the teen who is truant.

Conclusion

Students being absent from school is an undeniable problem The rates are typically higher in schools that have more students, which need to have higher scores on state testing in order to get the materials they need. We also know that more than a few absences per year are correlated with lower grades, dropping out of high school, and trouble with the law. It remains unclear whether or not actively threatening, fining, or even jailing these parents is an effective way to treat the “crime.” There may need to be alternate steps taken to make sure that students stay in school as much as possible.

Resources

Jacksonville: Parents Arrested in Truancy Sweep Say There Were Reasons Why Their Kids Missed School

Juvenile Justice Bulletin: Truancy

Stir: Parents Now Thrown in Jail When Kid Misses School

Washington Post: Mother of Seven in Jail Because Her Kids Skipped School Dies in Cell

Truancy Prevention: Truancy Definition, Facts and Laws

Connect With Kids: Arresting Parents For Truancy

Counter Punch: Criminalizing Truancy

Desert Dispatch: Six Arrested, 26 Cited in Truancy Sweep

Johnson Juvenile Lawyers: Juvenile Truancy

Lawrence Journal: Truancy Policies Can Catch Parents by Surprise

Think Progress: The Return Of Debtor’s Prisons: Thousands Of Americans Jailed For Not Paying Their Bills

WFMZ: Coroner Issues Ruling in Death of Woman Jailed in Child Truant Case

WFMZ: Exclusive: Cellmate of Woman Who Died in Jail Speaks Out

U.S. News & World Report: Skipping High School Can Lead to Fines, Jail For Parents

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Should Parents Pay the Price if Their Children Skip School? appeared first on Law Street.

The news has been full of stories lately from lower-income schools; stories about teachers cheating to pull ahead, children falling through the cracks, and many schools leaving children completely behind in their studies. But there’s another group of students who don’t necessarily get a lot of attention–children who are viewed as “gifted” or “talented” but don’t have access to the resources that would propel them forward.

The National Society for the Gifted and Talented has a comprehensive definition of what it means to be gifted and/or talented:

This definition of giftedness is the broadest and most comprehensive and is used by many school districts. It speaks of talent, which includes all areas of a child’s life: academic, artistic, athletic, and social. Most schools limit their definition and their programs to academics, but it is important to focus on performance and accomplishment. It is not enough to just have the talent; you must be using that talent to achieve at remarkably high levels. However, this definition does also recognize that while all very talented students have the potential to achieve at high levels, some may not have yet realized or demonstrated that potential. Such students may be underachievers, twice exceptional, or represent underserved groups who have not had a nurturing environment to bring out those talents. Finally, this definition is a comparative one; these students achieve or have the potential to achieve at levels way above their peers.

Many of our gifted children aren’t getting the attention they deserve because there simply isn’t enough money, there aren’t enough teachers, and in some cases the curriculum fails students. Read on to learn about the challenges in teaching gifted students at every level of the American education system.

Achievement Gaps

Achievement gaps have always existed in schools–especially between those in inner cities and their suburban counterparts. Achievement gaps occur at all ages between lower-income students and those who are better off financially. The methods used to measure a student’s retention and knowledge, including grades, classroom testing, standardized testing, course selection information, and drop-out rates all show the problem that exists. The difference between the scores of lower- and high-income students has been plaguing our nation for years, and there has been very little noticeable improvement overall.

There are racial disparities in academic achievement even when the most able students are taken into account. Evidence for this is found specifically among high scorers on the SAT math and reading sections. The National Research Center for the Gifted and Talented has found that “African Americans, Latinos (especially Mexican Americans and Puerto Ricans), and Native Americans are currently severely underrepresented among the nation’s highest achieving students, by virtually all traditional academic achievement measures, including GPA, class rank, and standardized test scores.” When studies have compared measurements between the two levels (SAT scores and GPAs), they see a huge difference between what a student is capable of (SAT score) and how that manifests itself in schoolwork (GPA).

The Washington Post explained the problem by looking at state testing, stating, “Less than one percent of low-income eighth-graders scored ‘advanced’ on the 2011 NAEP reading exam; more-affluent students were five times more likely to score advanced. Math was better, but not much: 2.5 percent of low-income eighth-graders scored advanced, compared with nearly 13 percent of more-affluent students.”

Poverty also plays a big role in how a student succeeds. According to the Davidson Institute, a report called “Achievement Trap:”

Tracked the performance of high-achieving lower income and high-achieving upper income students and found disparities at the beginning of elementary school that grew larger over time. This means that the students who started off in poorer schools received fewer and fewer opportunities as they approached high school. Disparities between upper income and lower income high achievers also were found in higher education in terms of college graduation rates, and attendance at prestigious colleges.

Overall, there are significant achievement gaps between our students at many different levels and for many different reasons.

Gifted Programs

There have been specific programs in the past that have been implemented to help students in poorer school districts reach high levels, including the Minority Student Achievement Network, for example. The problem is that the achievement differences, especially among gifted and talented students, are especially pronounced within the major urban school districts within the United States, specifically in Chicago, New York, and Philadelphia. However, there are also smaller school districts that have similar problems. Many poor minority children and new immigrants reside in these underfunded school districts that are struggling to survive and provide for the children. In many states, gifted programs don’t even exist within urban schools.

In-Class Issues

Lower-income students are underrepresented in all aspects of gifted programs. In a recent study, it was discovered that most of the students that qualified or were even tested for gifted programs, even in schools where they were the minority, were Caucasian or Asian students. Another study found that black students were underrepresented by as much as 55 percent nationally in all gifted programs.

The problem isn’t always that the students aren’t able to qualify for gifted and talented programs, sometimes it is that they aren’t even being tested.

Curriculum

Another problem is that gifted programs, if they exist at all in lower-income schools, can lack the rigorous curriculum that other schools have. One of the biggest reasons seems to be the focus on testing. The National Education Association states that:

The law is uniformly blamed for stripping curriculum opportunities, including art, music, physical education and more, and imposing a brutal testing regime that has forced educators to focus their time and energy on preparing for tests in a narrow range of subjects:  namely, English/language arts and math.  For students in low-income communities, the impact has been devastating.

The curriculum now revolvse more heavily around memorization and by-the-book learning. In an area with many lower-income families and students, like Los Angeles, for instance, “one-third of the 345 arts teachers were given pink slips between 2008 and 2012 and arts programs for elementary students dwindled to practically zero.”

While testing is one facet, students also struggle because schools lack educational resources they need, such as libraries, textbooks, and technology, and often employ less experienced or less qualified teachers.

In schools where the children do have resources and they do get tested for gifted programs, a whole other problem with the curriculum arises: they may not feel included in the classroom. They aren’t present in the literature that so many gifted programs use, and may experience difficulties connecting with it. For instance, classes are often assigned to read books that revolve around white, middle-class families rather than reading books that include minorities like “Parrot in the Oven” or “A House on Mango Street.”

Even if schools with high levels of poverty have gifted programs and have the appropriate procedures in place to identify students who need them, an achievement gap may still be present. Gifted and talented programs can’t be one size fits all and need to set up as many students as possible for success.

Conclusion

So what can we do? Unfortunately, we aren’t going to fix these problems overnight. Teachers are trying the best they can, but with so much going on within school hours, it can be difficult for them to get it right. Even more, we do need to focus on getting teachers who live or lived in those areas back into their schools. Teachers who understand the struggles these students face will be able to reach them better.

The answer may also fall to the state and federal governments and their emphases on testing. Even more so, it is going to take parents and students demanding programs for their schools: better gifted programs, better gifted testing, and better curriculum all around. It is going to take all of us banding together to push the gifted and talented ahead.

Resources

Primary

National Governor’s Association: States Close the Achievement Gap in Advanced Placement Courses

Additional

National Research Center on the Gifted and Talented: Promoting Sustained Growth in the Representation of African Americans, Latinos, and Native Americans Among Top Students in the United States at All Levels of the Education System

National Society for the Gifted and Talented: Giftedness Defined

NEA Today: The Testing Obsession and the Disappearing Curriculum

Washington Post: Gifted students — EspeciallyThose Who are Low-income — Aren’t Getting the Focus They Need

Edutopia: How Should We Measure Student Learning? Five Keys to Comprehensive Assessment

ETS: Parsing the Achievement Gap II

Sage Publications: Experiences of Gifted Black Students; Another Look at the Achievement Gap

University of Colorado: Identifying Gifted and Talented English Language Learners

Editor’s Note: This post has been revised to credit select information to the Davidson Institute. 

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Gifted and Talented Programs: Are They Reaching All Qualified Students? appeared first on Law Street.

It seems like every month we see the announcements on Facebook. One friend might post how they’re “lighting up the town blue for Autism awareness!” or notify you that they’re “running to support The March of Dimes, please donate here!” You might get calls from various organizations asking you to donate, or get stopped on the street. But no matter where we are, we can’t help but notice that there are a lot of nonprofit organizations out there that want to collect money.

However, there are also those headlines that scare us away from donating money. We see allegations of fraud, mismanagement, and funds never reaching the very people that they are intended to help.

So what is the truth behind non-profits, should you feel safe donating, and most importantly, what rules must non-profits follow?

What is a Non-Profit Organization?

Non-profits (also known as NPOs or non-business entities) seem to confuse a lot of people, especially those who aren’t involved or actively participate in one. Many people will simply say that another word for non-profit is “charity,” which isn’t totally correct. According to the Cornell Legal Information Institute, a non-profit is more complicated:

A non-profit organization is a group organized for purposes other than generating profit and in which no part of the organization’s income is distributed to its members, directors, or officers. Non-profit corporations are often termed ‘non-stock corporations.’ They can take the form of a corporation, an individual enterprise (for example, individual charitable contributions), unincorporated association, partnership, foundation (distinguished by its endowment by a founder, it takes the form of a trusteeship), or condominium (joint ownership of common areas by owners of adjacent individual units incorporated under state condominium acts).

Non-profits cannot just form out of thin air from already existing companies, as they must be designated as a non-profit in their charters. According to the Cornell Institute, “Non-profit organizations include churches, public schools, public charities, public clinics and hospitals, political organizations, legal aid societies, volunteer services organizations, labor unions, professional associations, research institutes, museums, and some governmental agencies.”

A key difference between non-profits and for-profit organizations is that when a for-profit organization goes out of business, the shareholders can get what’s leftover. But when a nonprofit goes out of business, any remaining assets must be given to another nonprofit.

Some of the most popular non-profits include: National Public Radio (NPR), United Nations Children’s Fund (UNICEF), Human Rights Watch (HRW), WikiLeaks, Green Peace, the Smithsonian Institute, Human Rights Campaign, Kiva, and Doctors Without Borders.

What are the legal requirements to be a non-profit?

Many nonprofit groups want to be considered non-profits because it will help them avoid federal or state taxes. Non-profits often receive tax exemptions from Section 501(c)(3) of the Internal Revenue Code, which is why nonprofits are sometimes referred to “501(c)(3)s.” State laws are typically stricter than federal laws when it concerns non-profits, and each state has its own set of rules and regulations, though many states do overlap.

State Laws

State laws have big consequences for any non-profits that don’t strictly follow the rules. There are many lawyers who specifically work with non-profits, as the nomenclature can be quite confusing and dense, especially for people who have never taken law classes. A nonprofit that operates in more than one state will need to pay attention to the laws that affect its work in each jurisdiction.

Twenty-six states require that non-profits complete an audit so that they are able to participate in fundraising activities from year to year. According to the National Council of Non-Profits, “thirty-nine states (including the District of Columbia) require charitable nonprofits to register with the state in order to fundraise in that state.” Over half of the states require some form of audit every year, whether the group actively fundraises or not. For example, Maine is particularly strict with licensing and requires renewals each year.

Many of the audits that take place within a state for the government must be done by an independent auditor, or someone who does not have stake in either the company or the government.

To see more about your specific state, visit the National Council of Non-Profits interactive page.

 Political Non-Profits

Political non-profits have become some of the largest contributors to elections in the last few decades. Some of these organizations include the often talked-about Super PACs, which pool campaign contributions from members and donate them to campaigns for or against particular candidates. These organizations, predominantly 501(c)(4)s and 501(c)(6)s, “do not have to disclose the sources of their funding–though a minority do disclose some or all of their donors, by choice or in response to specific circumstances.” The anonymity and large scale of these Super PACs have ruffled many feathers, especially within smaller parties.

That may be why the IRS is considering a rule “to police political nonprofits to include political parties and political action committees.” These groups are commonly called “social welfare” groups and operate under those guises, but play by a completely different set of rules.

“If it’s going to be a fair system, it needs to apply across the board,” IRS Commissioner John Koskinen said when asked by POLITICO about the new rule. He continued, “[I]f we have a set of definitions for 501(c)(4)s, what about everybody else? Can they do more or less [political activity]? And for us as [an] administration, for ease of administration, it makes sense to have this common definition.”

 Non-Profit Spending

How much of what you give a foundation or non-profit actually goes to the cause depends greatly on the specific organization. For most of these organizations, a good chunk goes toward overhead costs like fundraising, employee salaries, and management costs.

For instance, according to The Street, the Walker Cancer Institute “spent 96.4% of its total funds on overhead in 2012. The nonprofit spent 91.1% of its money to raise more funds and 5.3% for management and general costs. CEO Helen Marie Walker received 1.3% of the nonprofit’s funds in 2012.”

To check on any specific charity, the Charity Navigator has spending information on about 7,000 different charities.

Non-profit Controversies

These groups and organizations are not without controversy and problematic behavior. Some of these controversies arose out of tax issues, while others came from the actions of the group specifically.

Case Study: Autism Speaks

The organization has become one of the best known charities in the United States for autism awareness. However, that doesn’t mean the group is without problems.

Autism Speaks has raised autism awareness significantly, and which has led to better treatment, more donations, and more understanding. The Daily Beast details the meteoric rise of autism funding:

When Autism Speaks began, $15 million in private funding went to autism research. In 2010, according to the Interagency Autism Committee (IACC), the federal task force for shaping government autism policy and funding, that amount surged to more than $75 million, with over $18 million from Autism Speaks.

However Autism Speaks has faced some controversies. One of the major criticism levied against the group is that Autism Speaks considers autism to be a “horror” and a “tragedy” that happens to people and families. Autistic Hoya explains: “Autism Speaks regularly issues propaganda in which they say, ‘The rate of autism is higher than the rate of cancer, childhood diabetes, and AIDS combined,’ which compares a developmental disability to diseases.”

In addition, the group has come under fire for allegedly aligning itself with the Judge Rotenberg Center, which uses electric shock therapy. The video below is graphic, but it details some of the treatment:

Case Study: Susan G. Komen for the Cure

Amidst reports of “pinkwashing” or slapping a pink ribbon on a product and calling it support, Susan G. Komen for the Cure recently made a controversial decision that caused it to lose some respect and support. The call came when “it summarily cut off funding to Planned Parenthood in what appeared to be a bow to anti-abortion crusaders.” That cut stopped Planned Parenthood from performing many of the necessary mammograms that caught breast cancer in women, and was reversed in just three days. In the year following, the group lost almost $40 million in donations, and the damage was done.

But that was just the start of the problems for the foundation. When people started looking into its spending, they found something concerning. According to the Los Angeles Times:

While the foundation depicted itself as devoted chiefly to research for a breast cancer cure, it spent only about 20 percent of its donations on research; the biggest expenditure category was public education, at more than 50 percent. Critics questioned whether ‘education’ really should be such a heavy priority in a field where research issues remain important.

While the organization’s reputation is on the mend, it isn’t quite out of the woods yet and still sees some criticism.

Conclusion

Charities and foundations have an extremely important role in our lives–and we should certainly all try to “pay it forward” every now and again. However, before you make that donation, make sure you do some research about the company you are donating to. If you are making a sizeable donation, there are times when you can choose what you want your donation to go towards. Your best bet will always be to donate goods, services, or your time so that you can know firsthand you are helping out.

Resources

Autistic Hoya: Georgetown: Say No to Autism Speaks

Cornell Legal Information Institute: Non-profit Organizations

LA Times: Susan G. Komen Foundation Discovers the Price of Playing Politics

National Council of Non-Profits: State Law Non-profit Audit Requirements

Politico: IRS May Broaden Rule to Police Political Non-Profits

Daily Beast: “Autism Speaks” – but Should Everyone Listen?

Street: You Won’t Believe the Overhead Costs at These 10 Nonprofits

HG: Non-profit Law

Huffington Post: The Truth About Corporate Pinkwashing

Idealist: Do Non-profits Go Out of Business?

Investopedia: Independent Auditor?

Open Secrets: Political Nonprofits

Top Non Profits: What are the Top Non-Profit Organizations?

CNN: Above the Law: America’s Worst Charities

Forbes: Why Autism Speaks Doesn’t Speak for Me

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Non-Profit Organizations: What are the Rules? appeared first on Law Street.

Jury duty is often considered to be one of the “necessary evils” of life. Some people are lucky enough to never get the summons, while others seem to be prime choices. But few people know what to do once they get that summons in the mail, and fewer still know about the judicial history and roles that juries play. Read on to learn about the intricacies of the American jury process.

Why do we have juries?

Though it is often maligned, serving on a jury is an important civil service that allows us to have fair trials. Many consider this act to be one of the best ways that citizens can assure that the judiciary holds up our rights and liberties. Each potential member of a jury will first receive a mailing. Any other form of contact, including phone calls and in person visits, should be considered fraud and reported.

A jury is promised to citizens of the United States in the Constitution:

AMENDMENT VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Juries are representatives from the community that make up a cross section of that community; rarely will there be two people who are alike. The goal is to be as impartial and fair as possible when trying to reach a verdict.

There are slight differences between juries in civil and criminal cases, but both are given clear instructions on what they need to decide. In a civil case, the burden of proof o the plaintiff, or the obligation to prove what one says, is much lower than the burden of proof on the prosecutor in a criminal case. The burden in a criminal case is beyond a reasonable doubt, while in a civil case the burden is “preponderance of the evidence,” or more likely than not, in most cases.

To serve on a jury, one must:

• Be a United States citizen.
• Be at least 18 years of age.
• Reside primarily in the judicial district for one year.
• Be adequately proficient in English to satisfactorily complete the juror qualification form.
• Have no disqualifying mental or physical condition.
• Not currently be subject to felony charges punishable by imprisonment for more than one year.
• Never have been convicted of a felony (unless civil rights have been legally restored).

However, some people can still avoid jury duty even if they meet the above requirements, such as members of the armed forces on active duty, police and firemen, and “public officers” of local, state, or federal governments. These people are not likely to receive a mailing from the state, but in such a case they often can just call in and report the problem. With only a few exemptions, including being physically unable to get to the courthouse, there are few other reasons that a person would be allowed to call in with an excuse–everyone else must fill out the form they received and show up on the given day.

Are there any controversies over juror eligibility? 

As our nation grows and changes, questions about who exactly can be on a jury have evolved. A recent example includes a 2013 California bill that would have allowed undocumented immigrants to serve on juries. California assemblyman Bob Wieckowski (D-Fremont) did not want to change any of the other stipulations for serving on a jury, but hoped that this particular bill would reduce the amount of times one person would have to serve on a jury, and would also “help integrate immigrants into the community.” The bill was eventually vetoed by Governor Jerry Brown, who said, “Jury service, like voting, is quintessentially a prerogative and responsibility of citizenship.” Still, it helped to raise questions about who exactly should serve on a jury.

There are also concerns about the age at which one can serve on a jury–questions are raised that 18 may be too young, or on the flip side, not young enough. In George v. United States, a minor defendant who was under indictment for violation of the Selective Service Act of 1948 challenged the exclusion of minors from the grand jury. The Ninth Circuit rejected the challenge, upholding the right to exclude minors from jury service.

What does a jury do?

Serving on a jury is a very formulaic procedure that requires a lot of “hurry up a wait” timing. Each step is meticulously thought out, but just takes time because of the sheer amount of people that they call at one time.

Here’s how the process is supposed to go: You’ll be expected to bring photo identification (driver’s license, state ID card, student ID) so that they can verify your identity and jury summons. Then you will sit and wait while everyone else checks in and things happen behind the scenes. Eventually, you may be subject to a voir dire. Voir Dire is “the second stage of jury procedures, and is the process by which the court and the attorneys narrow down the pool of juries to the 12 people that will decide the case.” How this happens largely depends on the state, the case, and even the specific judge. You may be asked questions so that the lawyers can determine who is going to be fair and able to listen to the facts of the case without jumping to conclusions. Lawyers are trained to look at every single thing you do while answering the questions; as a result, people are often released for reasons that may seem unclear.

The lawyers are looking for anything that may make the potential juror biased against the person he or she is defending. Some of those disqualifiers may be personal knowledge of the case, or prejudicial views. Others include:

• Negative pretrial publicity.
• A connection to law enforcement.
• Being a victim in a similar case.
• A past connection with someone involved in the trial.

Jurors can also be disqualified for falling asleep, illness, contact with the defendant, or bringing outside information into the court.

What problems are there in jury selection?

One of the biggest problems that comes from juries and jury selection is that “well rounded” aspect that they go for–often, it isn’t as well rounded as they had hoped. One of the biggest problems in recent memory was the grand jury in the Ferguson case: the jury was largely white, middle-class people on the older side.

According to CNS News:

The grand jury is composed of 12 people “selected at random from a fair cross-section of the citizens,” according to Missouri law. The jury is 75 percent white: six white men, three white women, two black women and one black man. St. Louis County overall is 70 percent white, but about two-thirds of Ferguson’s residents are black. Brown was black. The officer is white.

While a grand jury is a slightly different process, this example highlights the difficulty of finding a good cross section of people to serve on an unbiased jury.

Sometimes the problem isn’t always with who is included in the jury, but who was excluded and why. The Equal Justice Initiative explains that many African American jurors are excluded from juries because lawyers sometimes think that they won’t be unbiased, explaining:

In Powers v. Ohio, 141 the United States Supreme Court held that jurors have a right not to be excluded based on their race, yet race-based exclusion continues to stigmatize growing numbers of Americans.

Serving on a Jury

If you are one of the “lucky” few, you are then sworn in by the judge. You will receive some basic notes about what you can and cannot do during the trial. Both sides will remind you not to make decisions until you have heard everything, and you will be encouraged to pay attention to every little detail. During the trial, you will not be allowed to talk to anyone about what is going on inside the courtroom; this rule includes members of your family, or reporters who might want a scoop.

After the trial starts, you may be shuffled back and forth a few times depending on what is argued. From there, you can just expect discussions and explanations from many different people. Each case is handled differently depending on the evidence and the people present. Eventually you will hear the closing arguments and move to deliberation.

The first step of the verdict is usually to select a spokesperson whose “role is to preside over discussions and votes of the jurors, and often to deliver the verdict.” The jury is also free to ask questions or look closely at evidence. They then have to deliberate away from any other people. If something goes wrong, like a juror speaking to an outside party, or if a juror seems “off,” they can be removed. Deliberations may take a few hours, or they could take days. In some cases, the jury will not be able to reach a unanimous decision. While in some courts having ten out of 12 people agree still serves as a valid decision, others will call it a hung jury and declare a mistrial.

However, there is another controversial choice that few people know about–jury nullification.

Jury Nullification

When many people serve on a jury, they often think that they have two options to decide upon: guilty or not guilty. However, there is a third option that few people know about–jury nullification, or the practice of saying “not guilty” in a case involving a law you feel is unjust. Basically, the jury feels that the defendant does not deserve that particular punishment for what he or she did.

This is a jury’s way of saying, “by the letter of the law, the defendant is guilty, but we also disagree with that law, so we vote to not punish the accused.”

For a full explanation, see the video below.

 Conclusion

Some people love serving on a jury while others hate it–it all really depends on what kind of person you are; however, it is one of your duties as a citizen, and the chances of you actually serving are very low. While the juror system has evolved significantly over time, and there are still questions that routinely pop up, it stands strong as one of the tenets of the American justice system.

Resources

Primary

U.S. Courts: Juror Qualifications, Exemptions, and Excuses

New York Western District Courts: Frequently Asked Questions – Jury Duty

U.S. Courts: Jury Service

Additional

American Bar Association: How Courts Work

Cornell: Sixth Amendment

FindLaw: How Are Potential Jurors Selected?

Fox News: California Bill Would Let Illegal Immigrants Serve on Juries

New American: New Hampshire Jury Nullifies Major Felony Marijuana Case

American Bar: Effective Voir Dire

Bloomberg View: Ferguson’s Grand Jury Problem

Court Listener: George v. United States

Find Law: What is the Role of a Jury in a Criminal Case

Fully Informed Jury Association: Can a Juror Be Removed?

The People’s Law Library of Maryland: What to Expect the Day You Go to Court

Lawyers: Excluding Jurors: Removing and Disqualifying

The New York Times: Jury Duty? Prepare for Rejection; Though Many Are Called, Few Ever Deliberate

Primer: Five Easy Steps For Surviving Jury Duty

The Pennsylvania Code: Conduct of Jury Trial

Truth Out: Jury Nullification: Why Every American Needs to Learn This Taboo Verdict

Wise Geek: What Happens When There’s a Hung Jury?

Flex Your Rights: Nine Arguments for Nullification Debunked

Lifehacker: Eight Myths About Jury Duty, Debunked

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Here’s What You Can Expect When You’re Called For Jury Duty appeared first on Law Street.

We live in a world where fan communities–fandoms–are becoming increasingly popular. Fandoms fixate on a particular television show, band, movie, musical, anime, or other pop culture subject. Creation of content based on these fandoms has also become ubiquitous. People of all ages gather together on any number of fanfiction websites, ranging from social media sites that post stories and art, like Tumblr and Live Journal, to websites designed for fanfiction, like Fanfiction.net and Archive of Our Own. Some fandoms have even developed websites devoted entirely to fanfiction for a particular couple or desired couple, known to many as a “ship.”

When using characters and worlds created by other people, however, there are quite a few potential copyright issues. Fan creations have become so popular that some fandoms are even branching out and making money from their fanfiction and fan art roots. Yet getting the “rights” to your own work is a nightmare when you’ve used a couple from your favorite television show. Though some fandoms have successfully made the switch from unoriginal characters to new creations, many struggle with it.

Fanfiction and fan art are always going to be a part of fandom communities because they bring people together in a way so few things really can. These fandoms have created large communities all over the internet. “Harry Potter,” for instance, is still hugely popular in the fanfiction world, even though J. K. Rowling and Warner Brothers have successfully fought against fan creations.

What exactly are your rights when you take to your computer and write or draw that missing scene from “Once Upon a Time?”

The Official Word

According to a University of San Francisco law blog, fanfiction “can be considered a copyright violation under the Copyright Act of 1976, ” because the holder of the copyright has the right to distribute any derivative works based on an original creation. This often includes sequels, prequels, and art work.

One of the most famous cases of a fan-fiction author is that of J. D. California who penned a sequel to J. D. Salinger’s “Catcher in the Rye” and called it “60 Years Later: Coming through the Rye.” During this case, it was found that characters were granted copyright protection–in this case, Holden Caulfield, an iconic character in Salinger’s novel.

Many would argue that fair use may actually protect fan creations like artwork and stories from being copyright infringement, but many authors have still successfully fought that claim. Legal challenges tend to come more from book authors than movie or television show creators for pretty pragmatic reasons–fandoms often boost the number of viewers for television shows.

So why are so many publishers now actively looking for fan-fiction authors? In part because these stories are sometimes better or more successful than the canonical source material. One cannot ignore the success of recent fanfiction-based novels like “50 Shades of Grey.” Rebecca E. Hoffman for Bloomberg describes how “50 Shades” got around the fan-fiction ties:

But before they became ‘real’ books, they were a Twilight fan fiction series called ‘Master of the Universe.’ ‘MotU’ appeared on fanfiction.net and–with Twilight references removed and character names changed–was later published as three e-books by an Australian company that specializes in fan fiction publishing. Vintage Books, a subdivision of Random House, which ultimately published the Fifty Shades trilogy, maintains that the material is original and no longer based on ‘Twilight.’

According to a Washington Post interview with Jennifer Bersgtrom, Vice President and Publisher of Gallery Books, fanfiction is simply becoming a way to recruit talented authors. She stated, “fanfiction has absolutely become part of the fiber of what we publish. This is changing at a time when traditional publishing needs it most.”

Most fanfiction is safe if it doesn’t criticize or parody the works in question. Even so, the Internet and Intellectual Policy Clinic at the University of San Francisco points out that the only way a person would get in trouble is if the person who holds the copyright ever sees the work:

It is clear though that the law surrounding fanfiction is highly dependent on the copyright owner actually enforcing their rights and prosecuting offenders of their copyright. In cases such as J.K. Rowling in which she is choosing particular pieces of work to prosecute while letting other works that violate her copyright be published, the law clearly sides with her.

The Legal Dos and Don’ts of Fanfiction

The Don’ts

The biggest rule you need to know to avoid getting into copyright hot water is to determine who exactly owns what you are writing about. Some authors simply do not like fanfiction and are very open about that fact. Vulture says that “some authors–George R.R. Martin, Anne Rice, and Diana Gabaldon, author of the Outlander series, among them–protest [fanfiction’s] appropriation of their creations and ask fans to refrain from writing it.” They mostly target websites based on the stories, but have targeted large forums as well.

Some fanfiction creators also have some problems in that they don’t know where to draw the line. Typically there are concerns about RPF or Real Person Fanfiction. Celebrities like Chris Colfer of “Glee” and Taylor Swift have said that they find fanfiction and fan art uncomfortable, especially when it is explicit in nature. Swift has even gone so far as to get fan creations taken off of Etsy, though that may be more of a business decision.

Read More: Taylor Swift vs. Etsy Vendors: Singer Trademarks Song Phrases

It isn’t always easy, however, as every writer, designer, and artist has the right to make the choice for themselves where they want the line drawn and whether or not to take legal action. It is then up to the forum and fandom at large to enforce that line as they see fit, an important thing to remember when dealing with fanfiction and fan art.

Nonetheless, as Hugh Howey told Desert News National: “Just as there have been independent filmmakers [who] enrich the film industry, there are and will be independent authors who experiment and write groundbreaking works.”

The Dos

If you truly love a fictional couple, a storyline, or a show, you might still want to write fanfiction or create fan art, and there is truly nothing wrong with that. However, you should take note of a few rules to keep yourself out of the limelight and out of trouble.

1. Follow the rules of the online forum: Most forums that post fanfiction and/or fanart have been around for a long time for a reason: they know how to skirt the line. Look at the rules and FAQs of a website before you upload your latest “Shameless” story.
2. When in doubt, go for public domain: The Daily Beast points out that there is a lot of Jane Austen fanfiction. Why? Her works are all part of the public domain, meaning you can use the characters however you see fit. According to Teaching Copyright, public domain occurs “70 years after the death of author, or, for corporate works, anonymous works, or works for hire, 95 years from the date of publication or 120 years from the date of creation, whichever expires first.” If you are using something a little more modern, use a disclaimer, meaning make sure that you state clearly that you don’t “own” whatever you are writing about.
3. Take it down if you need to: Online musical theater troupe Team StarKid famously took down A Very Potter Musical when they feared that Warner Brothers would sue them. They re-posted the material after some severe edits and a disclaimer on the video–and then went on to make two more and were invited to the screening of the final movie. Most creators or agents will start with a mailing or a polite request, and you should probably grant it.

4. Don’t make money from it: This might seem like a no-brainer, but do not make money from your work if it’s based on someone else’s creations. Don’t sell your art or stories, do not get sponsors, and don’t use advertisements. You are saving yourself a load of potential headaches from the people who own the content.

Conclusion

In the end, the best thing to remember about fanfiction, fan art, and anything derived in any other universe is this: it is typically an infringement of the copyright holder. With that said, it is usually done with the best of intentions by fans and it often continues and strengthens the importance of the story being told.

When creating within a fandom, use your head to make decisions about what is appropriate and what isn’t appropriate and you likely won’t find yourself in trouble. It’s also important to note that if you are creative enough to take pre-existing characters and create new stories, you are probably creative enough to make your own original characters.

Resources

Primary

U.S. Copyright Office: Duration of Copyright

Additional

Bloomberg BNA: It’s Never Black or White: Is Fanfiction Fair Use?

Desert News National: With Fanfiction, is Publishing Following in Hollywood’s Unoriginal Footsteps?

Teaching Copyright:  Public Domain Frequently Asked Questions

Washington Post: From ‘Fifty Shades’ to ‘After’: Why publishers Want Fanfiction to Go Mainstream

University of San Francisco Law Blog: Fanfiction and Copyright Law

Vulture: Fanfiction Guide

CNN: Lawsuit Targets ‘Rip-Off’ of ‘Catcher in the Rye’

Daily Beast: Why Fanfiction is the Future of Publishing

Geeky News: Unauthorized Starkid Production Brings Wrath

The New York Times: Rowling Wins Lawsuit Against Potter Lexicon

Fox News: How Harry Potter Superfans Won a Battle for Fair-trade Chocolate

People: Fifty Shades of Grey and Nine More Examples of When Fanfiction Became Blockbusters

USA Today: Must-Read Fanfiction From ‘Doctor Who,’ ‘Star Trek,’ ‘Farscape’

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Re-Writing the Classics: What Are Your Fanfiction Rights? appeared first on Law Street.

We have all seen them, whether we are sitting in a doctor’s office in the middle of the day, home sick during the week, or just because they’re kind of fun. Either way, court shows like “Judge Judy” and “Judge Joe Brown” seem to have captured the world’s attention. Recently, Judith Sheindlin–Judge Judy–signed on for her eighteenth season of the show, earning herself $47 million a season for what is famously known as just “52 days of work a year.”

Judge Judy, and all of the others–Brown, Lane, Mathis, Hatchett, Alex, Rinder, etc.–are all practicing lawyers. Most were retired or on the way to retirement when they were discovered by a television producer. But that still begs the question: how exactly do TV courts work, what are their legal implications, and are they at all real?

 What are Court TV shows?

Court television shows are usually on in the middle of the day, often right when people are getting home from work and starting to cook dinner. The topics usually aren’t heavy things like murder, drugs, or assault cases. Instead they consider lighter issues like rent problems, car damages, or theft. Judges tend to be funny and lash out with zingers toward the people involved in the case. It is all about entertainment, not a real legal process.

However, the shows are among the highest watched for their time slot, which means that if one judge isn’t connecting with the audience, another one is right in line to take that spot.

Infographic courtesy of Online Paralegal Programs.

 How do you end up on TV court?

Getting onto a court show is actually one of the smartest things a person can do, even if he ends up being portrayed as the “villain” in the narrative. Why? Participants all stand to make money.

In general, most of the cases that end up going on to TV shows are cases that would otherwise be heard in small-claims court. According to FindLaw, there’s only a certain amount of money litigants can receive. For example, individuals who appear on “Judge Judy” would be able to receive a maximum of $5,000. It’s safe to assume that the rest of the shows have relatively similar limits.

According to FindLaw, regardless of the outcomes on any of the shows that play nationally, there are benefits to both parties in the case. The shows actually pay for the arbitration awards, which may be why people don’t always seem to be too worked up at the end in the cool down interviews. They also pay for the litigants’ airfare and hotel expenses.

In other cases, there have been situations where producers have found people who were popular or characters already and they have actually been courted into doing the show. For example, local Cleveland celebrity Colin Dussault was asked to be part of a newer judge show called “Hot Bench.”

A Hollywood producer contacted Dussault after “field researchers” came across his small-claims lawsuit against his sister, which he filed in Lakewood Municipal Court in January. In a nutshell, they’ve got issues with who should pay the ongoing bills for a double they inherited and both live in. (Double Trouble?)

In addition to prompt payment of any settlement, the producer promised, Dussault would get an additional “guaranteed minimum payment” just for being on the show!

 What happens on a TV court show?

Court shows like Judge Judy aren’t actually court cases, but instead they are an arbitration process, which is a way to resolve disputes without actually going to court. An arbitrator, always some sort of neutral party, hears a case and makes a binding decision. It’s less formal than a court case, but it does require training

The shows are all filmed at studios in Los Angeles near many different studios that also happen to film television shows. In fact, “Judge Judy” is filmed right next to “Judge Joe Brown.” In order to ensure a full audience, the producers of all of the shows will hire extras who comprise the entire gallery and who sign waivers to stop the disclosure of any details. However, they also take visitors who are willing to sign similar forms.

What happens after the show?

As a general rule, arbitration awards cannot be appealed. But there have been a few cases in which, according to The New York Times,  TV judge rulings have been overturned through other court systems. This can be because the artbitration didn’t cover everything necessary or if the case was found to be beyond the scope of arbitration.

According to FindLaw:

For example, a New York family court in 1999 overruled part of a “Judge Judy” decision because it went beyond the scope of the arbitration, the New York Law Journal reports. The parties in that case had agreed to arbitrate a dispute over personal property — but Judge Judy’s ruling also granted child custody and visitation rights.

In 2000, Judge Judy had one of her decisions overturned…In the case B.M. v. D.L., the parties appeared in front of Sheindlin to solve a personal property dispute. Sheindlin ruled on that dispute, but also made a decision on the parties’ child custody and visitation rights. One of the parties appealed in court, and the family court overturned the custody and visitation part of the decision because they weren’t covered by the agreement to arbitrate.

Ethical Concerns

For people who have never really been in a court room, it can seem like there aren’t really any ethics that exist when it comes to television court. For one, there are no lawyers even present on the television shows. There are problems, of course, with the editing and the way people are portrayed by the producers of the show.

Recently a committee was formed to discuss the problems with court television shows and the impact they have on the lives of those who appear–often people who are young and trying to avoid paying costs that they can’t afford. The committee, comprised of retired judges, said:

In this modern media culture once the taping is done and it is released into the public domain it is there forever and can come up from time to time during this defendant’s entire life. It could be used against this person in a personal, political, economic or social situation to his or her extreme detriment. Your recitations that the videos in your court are a number one rated show broadcasted to 200,000 households in three counties speak volumes in this regard. How might it appear to a defendant that he or she must be asked by the judge to waive any objection to appear on television? Would they be intimidated by the question knowing that the judge encourages this production?

These cases are often straight forward, but played up for laughs, drama, and a clear-cut decision. There have been many questions about the fates of people who end up on reality shows, and that is a question that exists with the “reality” of court shows as well.

Conclusion

So yes, the decisions on TV court shows are a reality–someone has to pay (usually the show) and someone is in trouble (usually younger-skewing teens or adults who can’t afford much else). You’re getting, in essence, a half-truth of what the court process is actually like.

One final word of caution to anyone who found this on a search: Appearing on a TV court show like “Judge Judy” involves signing off on a lot of legal fine print. You may want to consult an attorney to make sure your rights are protected before you pursue your 15 minutes of fame.

 Resources

Futon Critic: Ethics Panel Rips TV Drug Court

Mental Floss: What Legal Authority Does Judge Judy Have?

Cleveland.com: Playing Hard to Get When Courted by Reality TV Court Show

Fact: Judge Judy Overruled by Judge Jeffrey

Futon Critic: Judge Judy Sheindlin, Host of Syndication’s #1 Rated Show “Judge Judy,” Signs Multiyear Deal Through 2020

Frugal Confessions: It Pays to Have Your Small Claims Case on a Court Television Show

Washington Post: The Lasting Appeal of TV’s Top Woman: Judge Judy

Vice: These Guys Made Up a Fake Case to Get on ‘Judge Judy’

Editor’s Note: This post has been revised to credit select information to FindLaw. 

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post What’s the Verdict? The Truth Behind TV Court Shows appeared first on Law Street.

The workers’ compensation system around the nation has been complicated for decades. Particularly in California, a measure from the early 2000s is now coming to light as more and more women are trying to get workers’ compensation. There’s a battle raging over whether or not there’s an inherent gender bias in the handling of workers’ compensation claims in California; the concern is that women who try to get workers’ compensation are “penalized” for gender-related conditions like pregnancies and menopause. Read on to learn about the gender bias in worker compensations claims in California, what’s being done, and a look at the discussions happening in other states.

What is workers’ compensation?

Workers’ compensation is a form of insurance provided in the workplace that can consist of wage replacements and medical benefits for employees who were injured while working. Usually by accepting these funds, employees acknowledge that they will not sue their employers for negligence. Workers who are permanently disabled while on the job receive compensation from insurers based on a calculation of the level of disability and what portion of the injury is linked to their jobs. Insurers may also weigh the worker’s previous health conditions or prior injuries. In California specifically, the process is overseen by the Division of Workers’ Compensation which:

Monitors the administration of workers’ compensation claims, and provides administrative and judicial services to assist in resolving disputes that arise in connection with claims for workers’ compensation benefits.

DWC’s mission is to minimize the adverse impact of work-related injuries on California employees and employers.

State of Workers’ Compensation

If you were to look at the statistics, it looks like fewer and fewer people nationwide are getting hurt at work, though that isn’t exactly the case.

A report came out recently about how the system is reporting very low numbers. The real reason? Changing the circumstances for what qualifies as a workplace injury, and the simple dissolution of programs that pay for such accidents. According to the Washington Post, the number of people injured at work is probably twice what is reported because people fear losing their jobs. Or people, like those in the construction industry, are misclassified as independent contractors.

The Washington Post recently discussed the national state of workers’ compensation problems, saying:

Since 2003, the investigation found, 33 states have weakened their workers’ compensation regulations, scaling back the procedures that will be covered and the duration for which benefits are offered. In addition, while businesses often push for reforms on the grounds that workers’ compensation costs are out of control, data shows that premiums are lower than they’ve been at any point since the early 1990s.

California’s Belabored Workers’ Compensation Program

Workers’ compensation programs have received complaints that they are inherently flawed throughout the United States. Lately the debate has been particularly focused in California. Complaints come from the fact that outside medical reviewers look at the cases and after brief exams or only by reading the medical records can deny recommended treatments or rule that injuries aren’t work-related.

Reform Under Governor Schwarenegger 

Some problems with the California system can be traced back to a bill that reformed the program, which was signed in 2004 by then-Governor Arnold Schwarzenegger. It changed what types of injuries qualified under the program, how long certain employees would receive coverage after being injured, and required the injured employees to choose from a specific pool of independent doctors. At the time, Schwarzenegger said:

This bill completes a process that brought together Republicans and Democrats, business and labor, and all the affected parties to produce billions of dollars in savings, protect workers, and root out fraud and waste in the system. No longer will workers’ compensation be the poison of our economy. Our message to the rest of the country and the world is that California is open for business. We are making our state once again a powerful, job-creating machine.

At that time, California employers were paying the highest workers’ comp rates in the nation: $6.33 for every $100 in payroll, compared to a national average of $2.46.

Although the bill was supposed to save Californians money, there were some problems with it. The new bill made it more difficult for workers to get in to see doctors and left them waiting for months without any answers to their problems.

Reform Under Governor Brown 

In 2012, Governor Jerry Brown put some of the power back in the hands of the state, deciding that disputes should be handled by independent medical reviewers whose decisions cannot be overturned. The law was a bit quirky, as this didn’t just apply to the new cases, but also retroactively to past requests, and it impacted everything from already-scheduled doctor’s visits to prescription refills. In some cases, treatments were stopped in the middle with little more than an official notice.

This new system also has problems, however, as in recent years reviewers have denied treatment in up to 91 percent of the cases. People who were receiving treatment for years suddenly found themselves left out in the cold, and many had to return to work to continue to pay for the medication they needed.

Christine Baker, who oversees workers’ compensation in California, has stated that the reform is “speeding up the decision making process” and taking the aid away from people who are using it for prescription abuse.

Many of the judges, including John C. Gutierrez, a workers’ comp jurist since the 1980s, are some of the biggest adversaries of the law. According to Gutierrez, “the only interest that’s being protected here is industry and I feel that their financial influence has had an impact on how this legislation came out.” He went on to say that he felt like workers “are losing their voice.”

This is a problem in the state regardless of gender, but when it comes to comparing women and men, there is an even bigger problem looming.

Gender Bias in Workers’ Comp Rulings

California Assemblywoman Lorena Gonzalez introduced a bill (AB305) on March 4, 2015 that aims to eliminate the gender bias in workers’ compensation rulings.

This comes after a Bay Area woman who suffers from Carpal Tunnel Syndrome, which damages the nerves in the hands and often limits movement, was denied workers’ compensation for a strange reason: she was postmenopausal, which meant that she was predisposed to nerve damage. 

The woman enacted the help of attorney Sue Borg who says that she sees many cases where a woman who is injured on the job and files a claim for compensation is “penalized” for things like pregnancies and menopause. “It seems like it should be obvious that we shouldn’t see this, but it happens in insidious ways all the time,” Borg said.

Gonzalez aims to ensure that being female does not constitute a preexisting condition, and hopes to stop the reduction of compensation for female workers based on pregnancies, breast cancer, menopause, osteoporosis, and sexual harassment. All of this discrimination is happening, even though there are laws against gender discrimination in the workplace.

Breast Cancer

One of the biggest problems facing women seeking workers’ compensation is breast cancer. There have been numerous reports of how breast cancer is treated among firefighters and police officers. According to the Corporate Counsel:

Gutierrez reports that the bill’s supporters claim gender bias in workers’ compensation is a big issue, and one that is “especially evident in the way breast cancer is treated among firefighters and police officers.” For instance, female police officers who have to undergo double mastectomies for breast cancer linked to hazardous materials on the job are considered 0 to 5 percent disabled, Gutierrez reports, whereas a male officer with prostate cancer is considered 16 percent disabled and would be paid for the injury.

One such case involves a San Francisco firefighter who was denied permanent disability after having to undergo a double mastectomy, as well as an Orange County hotel housekeeper who was injured on the job but only received two percent payment on her claim–despite doctors putting her disability level at 100 percent–due to prior conditions “related to childbirth, obesity, age and naturally occurring events.”

Pregnancy

Pregnancy has always been a fairly controversial issue when it comes to the workplace, but many women are now being denied workers’ compensation due to it, or facing claims that it is the “cause” of the problem. Things like back pain, muscle strain, and injuries caused by fatigue have all been attributed to pregnancy and not the workplace. “I’ve had a child, and if now being a mother is a pre-existing condition in California, I find that unacceptable,” said Christine Pelosi, chair of the California Democratic Party’s women’s caucus.

State Fires Back

The claims were immediately disparaged by the Workers’ Compensation Action Network, which said that payment decisions were never a result of discrimination. According to the Sacramento Business Journal: “A spokesman from Industrial Relations could not immediately produce data on gender-related bias or discrimination, but the agency will look into the matter and respond with its findings.”

Conclusion

The nation, and particularly California, has a lot of work to do in the coming months to try to look at reports and see if there is a problem. If there is, it could mean an inundation of old cases that may be able to be retried, meaning companies could owe a lot of money to women all over the state.

Surely California is only the beginning and more and more states, as well as the federal government, will have to look at their workers’ compensation laws and see if there are problems lurking in them. In the end, the people who don’t get covered by workers’ compensation won’t always work through their pain; many will end up on government subsidies, which means that the tax payers will have to cover the costs.

Resources

Primary

Department of Industrial Relations: Division of Worker’s Compensation California

Department of Industrial Relations: A Guidebook for Injured Workers

Additional

Corporate Counsel: Charges of Gender Bias in Workers’ Compensation

NPR: Injured Workers Suffer as ‘Reforms’ Limit Workers’ Compensation Benefits

Heartland Institute: Schwarzenegger Signs Workers Comp Reform

The New York Times: A Racy Silicon Valley Lawsuit and More Subtle Questions About Sex Discrimination

SF Gate: Gender Bias Rampant in Workers’ Comp Cases, Women’s Groups Charge

ProPublica: The Demolition of Workers’ Comp

NPR: As Workers’ Comp Varies From State to State, Workers Pay the Price

Property Casualty 360: California Workers’ Comp Bill Passes Legislature; Insurer Groups Cautious

BradBlog: Schwarzenegger’s Workers’ Comp ‘Reform’ Killed My Client

“

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post California Workers’ Compensation: A Flawed System? appeared first on Law Street.

The idea of a “welfare queen” has been a political talking point for several decades. It began as a term used by President Reagan in a story he told while he was running for election in 1976:

‘In Chicago, they found a woman who holds the record…She used 80 names, 30 addresses, 15 telephone numbers to collect food stamps, Social Security, veterans’ benefits for four nonexistent deceased veteran husbands, as well as welfare. Her tax-free cash income alone has been running $150,000 a year.’

The idea of a welfare queen has evolved into being characterized as a woman who stays on welfare, receiving benefits, and continuing to have children so she can get even more money from the government to support those children. In the eyes of many, the stereotype is thoroughly racist–she’s an under-performing black woman, living off of taxpayers’ money. The term is seen by many as a dog whistle of sorts, a way to play on the public’s racial anxieties without actively saying so.

Read More: No Strings Attached: Replacing Welfare With a Guaranteed Income

Some claim that Reagan’s story was a complete lie, but, there is some proof that it was at least based on reality. It now appears that there wasn’t just one welfare queen, but the subject of Reagan’s story  was actually an amalgamation of three different women. Craig R. Smith, a former speechwriter for Presidents Ford and George H.W. Bush said,

It hangs together as a good story because it’s consistent with people’s perception of the real world…Like in any good mythology, you need heroes and villains and in the Welfare Queen, you had a villain who was taking advantage of the system.

Regardless of the truth, this story changed the minds of many Americans about the state of the welfare system and the people who receive the benefits.

 What is the “Welfare Queen” law?

Nearly two decades ago, California  passed a law that many have come to call the “Welfare Queen” law. It states that a family that has any additional children while on the welfare system is barred from getting any increases in the grant it already receives from the state. There are exemptions made if the couple in question can prove that birth control measures such as sterilization, IUD, or Norplant failed. There are also concessions made if the case involves rape or incest. In cases like those, the mothers were more quickly offered medical, physical, and monetary help. California is not the only state to use a variation of this law. In fact, other states including Arizona, Mississippi, and Virginia have similar measures.

Senate Bill 23

California Democrats are fighting to repeal the measure, calling it “classism” and “prejudicial” to the citizens of the state. Holly Mitchell, a Senator from Los Angeles, is working for the third time to abolish the law. She introduced Senate Bill 23, which would repeal the “welfare queen” law.

Advocates for the poor are mounting their strongest efforts ever to repeal the “maximum family grant” ruling as the state is about to set its budget for the next year. These changes come after it was announced that California was named the state with the highest child poverty rate.

“It is a classist, sexist, anti-democratic, anti-child, anti-family policy whose premise did not come to fruition,” said Mitchell, the author of Senate Bill 23. “It did not accomplish what it set out to accomplish. So it’s appropriate to take it off the books.”

California is very split on this topic, ranging from those who would like to impose stronger rules against the so called “welfare queens” to those who want to completely annul the law.

Arguments to Eliminate the “Welfare Queen” Law

The average cost to raise a child in America, from birth to 18 years old, is $241,080, according to CNN Money. That breaks down to about $1,116 a month–something that many low-income families will not make. If a family has more than one child, many families will go without in order to provide for the children instead.

Advocates for repeal also argue that when it comes down to it, the law is aimed at controlling women. According to Sacramento Bee, Toni Atkins (D-San Diego) said reversing the policy is “critically important to families, telling a recent women’s policy summit in Sacramento that the criteria are “’invasive (and) insulting.’” Some have even compared the law to China’s One Child Policy. Women’s groups and Planned Parenthood find fault with this measure as well, citing that it is more controlling than necessary.

In addition, those who want to repeal it say that it unfairly punishes children for the actions of their parents. Newborns need care and support, and not allowing the parents of newborns to gain the necessary resources can endanger the health and wellbeing of those children.

In an unlikely collaboration, Linda Wanner, the associate director of government relations at the California Catholic Conference, said that her group favors annulment of the bill as well, but for other reasons: “We have the opportunity to remove burdensome county processes, reduce the number of children living in poverty, and, more importantly, eliminate the incentive to terminate a pregnancy,” she said.

Arguments to Keep the Law in Place

Those who oppose abolishing the law say that removing it to raise the amount of money that the family gets will not lift any family out of poverty. According to the Sacramento Bee, Mary L.G. Theroux, senior vice president of The Independent Institute, a nonprofit research organization based in Oakland, said she doesn’t disagree that the law did not prevent births. “The opportunity cost of them having another kid is not going to stop them from doing it,” she said. However, she continued to say that giving more money would not give the growing families the incentive to get help from charities, family members, or find higher paying jobs. She then continued, “What these programs are doing is completely handicapping people from learning how to take care of their families and how to help their children have a better life than they do.” In addition, many feel that these programs that provide complete care to parents and children actually hinder further development of the child and his or her autonomy.

There’s also a concern that repealing the law would be a huge economic strain on the state of California. The state’s economy has been struggling since the recession in 2008, and pouring more money into welfare could harm its rebound even further. One analyst claimed that repealing the law could cost up to $205 million a year, although that number is difficult to reliably quantify.

According to the Sacramento Bee, Senate Republican Leader Bob Huff (R-Diamond Bar) said that helping families in poverty is an important role for officials in the state government as well as people outside of the state, and is even a nationwide issue. The question is whether repealing the maximum grant is the best thing to do with the money. “Putting $200 million into an effective job training program or providing child care for working mothers would be a better use of resources,” Huff said. Huff “pointed to a long list of other needs for both the parents and children in the state, including services for the developmentally disabled and foster children.”

Conclusion

This is not the only time that discussions have been developed around the “welfare queen” law. In 1996, President Bill Clinton signed a welfare reform law, and then-Governor of California Pete Wilson and lawmakers compromised on a statewide program called CalWORKS in 1997. This bill stiffened the work requirements and set time limits, sanctions, grant levels, and eligibility requirements for California welfare recipients.

So how much fraud is there really in the welfare system? According to Eric Schnurer of the Atlantic it’s actually not so clear.

It’s not easy to get agreement on actual fraud levels in government programs. Unsurprisingly, liberals say they’re low, while conservatives insist they’re astronomically high. In truth, it varies from program to program. One government report says fraud accounts for less than 2 percent of unemployment insurance payments. It’s seemingly impossible to find statistics on ‘welfare’ (i.e., TANF) fraud, but the best guess is that it’s about the same. A bevy of inspector general reports found ‘improper payment’ levels of 20 to 40 percent in state TANF programs — but when you look at the reports, the payments appear all to be due to bureaucratic incompetence (categorized by the inspector general as either ‘eligibility and payment calculation errors’ or ‘documentation errors’), rather than intentional fraud by beneficiaries.

The number of people living in poverty in California, and nationwide, has continued to grow and grow. The face of welfare has changed since the 1980s, as has the amount of money that is needed to raise a child, especially in a state where the cost of living is high.

Resources

Primary

California Legislature: Senate Bill No. 23

Additional

Cal Coast News: California May Repeal “Welfare Queen” Law

CNN: Return of the ‘Welfare Queen’

NPR: The Truth Behind the Lies of the Original ‘Welfare Queen‘

New York Post: When Welfare Pays Better Than Work

CNN: Average Cost to Raise a Child

Huffington Post: California Poverty Rate

Slate: The Welfare Queen

Nieman Reports: The ‘Welfare Queen’ Experiment

SCPR: Lawmakers Debate Repeal of Welfare Queen Law in California

Jezebel: Reagan’s ‘Welfare Queen’ Was a Real Person and Her Story is Bananas

Editor’s Note: This post has been updated to credit select information to the Sacramento Bee. 

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post The Battle Over the “Welfare Queen” Law in California appeared first on Law Street.

With the widespread use of cellphones emerging in the late 1990s, the last few generations have been the first to have their every move documented for public consumption. Since then, cellphones have been ever present at many important events: proms, graduations, college orientation, and for first relationships. Still, within the last decade or so, cell phones changed from portable phones to portable computers with cameras attached, giving people the ability to take, edit, and share photos instantaneously. This ability has led to an increase in something known as “sexting,” defined as “sending nude, sexual or indecent photos (or ‘selfies’) using a computer, mobile phone or other mobile device.” In some cases, it can also include written messages or even videos.

Some states have adopted laws that have severe penalties aimed at teenagers who send, receive, or save such photos. These laws are not as severe as if they were legal adults possessing photos of an underage teen, but they are still serious consequences of which to be aware.

Dawn of a New Legal Era

Sexting laws are a relatively new concept, so that’s why they are somewhat murky to most Americans. Since 2009, many states have adopted teen sexting laws, and each year more states consider bills on the issue. States that already have laws include: Wyoming, Virginia, Pennsylvania, Ohio, New York, and Indiana. Several other states are also considering introducing sexting laws through their legislatures. Most states focus on teen sexting, though there are a few that also legislate other aspects of the activity. As teen sexting spreads and becomes a worry among parents, it’s probable that these laws will be adopted on a wider scale. That doesn’t mean that it is entirely legal in those states without sexting laws, however. In the states without any sexting laws, teens who sext may still see consequences as a result of the pre-existing laws that target child pornography.

What are states doing about teen sexting?

There are some states that have adopted laws specifically for sexting. These laws have explicitly targeted the images sent among teenagers. For example, Connecticut’s sexting law targets teens who create, save, or spread photos of themselves or others.

Here’s an example of how Pennsylvania approaches sexting, as it is illegal for teens ages 12-17 to posses the naked photo of another person in the same age range. According to a Criminal Defense Lawyer resource page:

For example, both a teen who sends a photo of a nude classmate and one who receives the photo could be prosecuted under Pennsylvania law. Teen sexting is punished more severely if the defendant takes or shares a nude photo of another teen without the teen’s permission, and in order to harass that person or cause him or her emotional distress. For example, a boy who shares nude photos of his ex-girlfriend after they break up could be charged with a more serious crime. Pennsylvania’s teen sexting law does not apply to images taken or distributed for commercial purposes, or images of sexual intercourse, penetration, or masturbation, or any other hardcore sexual images.

State laws differ significantly, however, depending on things like ages of majority and previous cases. Louisiana won’t allow anyone under 17 to send or keep pictures. Texas is one of the states that makes some allowances: if the minor sexts another minor, it’s not considered a crime, as long as the recipient’s age is within two years of the sender and the exchange is consensual.

For more information on your state, visit Mobile Safeguard’s Comprehensive list.

What do you do if someone sends this type of message to you?

Teen sexting laws prohibit both sending and receiving explicit images, which can be quite a gray area for some people, as well as some courts. How can you stop someone from sending you a photo? There’s a definite difference between requesting a picture and simply receiving one from another teen. The difference also comes from what you do when you get that picture.

Because of the grayness and the ability for sabotage, sexting laws typically prohibit “receiving and keeping” any explicit images. This means that if a teen or adult receives an image from a teen, the receiver must delete the message immediately in order to avoid legal trouble. To protect oneself, it would also be a good idea for the recipient to send a message stating that the image is not wanted or requested.

Federal Law and Sexting

Depending on the circumstances of the images in question, sexting may also be a crime under federal law.

According to Criminal Defense Lawyer:

Depending on the circumstances, sexting may also be a crime under federal law.

The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act of 2003 makes it illegal to produce, distribute, receive, or possess with intent to distribute any obscene visual depiction of a minor engaged in sexually explicit conduct. Knowing possession of such material—without intent to distribute—is also a crime under the PROTECT Act. (18 U.S.C. § 1466A(a)(1).)

Federal law also criminalizes causing a minor to take part in sexually explicit conduct in order to visually depict that conduct. Parents who allow this behaviorcan also be prosecuted. (18 U.S.C. § 2251.)

That doesn’t mean that we’ll likely see federal prosecution of juveniles for sexting. The Federal Juvenile Delinquency Act (FJDA) generally posits that, where possible, juvenile cases should remain in state courts.

What happens in states that don’t have sexting laws?

For those states that do not specifically legislate against sexting, the act is usually covered under child pornography laws. This includes creating, possessing, or distributing the photos of anyone underage. This means that the child who takes the picture can be in legal trouble. Many people question the punishment for these young children, especially when they may have been coerced into sending the photos. There has been much debate about what the penalties should be for teenagers who send those photos. Some think they should not face the same penalties as those who are over 18, especially because it can impact everything from college choices to potential careers and living situations. Those who argue against this type of treatment want some of the lesser penalties listed below for teens who are caught sexting.

What are the possible penalties for sexting?

The penalties for teen sexting involve a lot of red tape, juvenile and adult courts, and also include various criminal laws. Overall there is a lot of coordination required anytime there are juveniles in the justice system, which is why some states have specific laws against sexting. Usually, it takes a contentious case to prompt the creation of a specific law.

Juveniles

When a juvenile commits a criminal offense through sexting, that offense is typically handled by the juvenile court system. Juvenile courts have wider discretion in the kinds of penalties they impose. Some of the penalties could include a warning, fines, having to serve community service, completing counseling, probation, or even a sentence to a juvenile facility.

Adults

If the person is 18 or older, he or she will be charged as an adult and could face incarceration, fines, or being entered onto the sex offender registry.

Conclusion

What many consider to be fun and harmless flirting online or over the phone can actually become a severe crime with consequences for both parties involved. It’s best to know where your state stands on the issue and to be smart about it. Sending pictures or messages via your phone opens up the doors for a world of trouble and heartache.

 Resources

 Primary

Connecticut State Police: Connecticut Sexting and Teens

National Criminal Justice Reference Service: Federal Juvenile Delinquency Act

Additional

Criminal Defense Lawyer: Teen Sexting in Pennsylvania

Daily Mail: Parents of ‘Sexting’ Teenagers Can Now Be Punished in Texas

Aggressive Criminal Defense: Sexting Laws and Legal Information

Washington Post: Stop Demonizing Teen Sexting. In Most Cases it is Completely Harmless

CNN: Chances Are Your Teen Has Sexted

 Editor’s Note: This article has been updated to credit select information to Criminal Defense Lawyer. 

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Teen Sexting: What are the Legal Consequences? appeared first on Law Street.

As more and more young people become interested in what is going on in the Supreme Court, there has been a call for cameras to be allowed inside the deliberations. With an especially important verdict on gay marriage rights for all 50 states coming in April, as well as many other heavy decisions, it seems like there’s no time like the present to install cameras in the hallowed halls’ however, two justices–Elena Kagan and Sonia Sotomayor–recently spoke against the move, making it unclear if the American people will ever have a glimpse into the court’s proceedings.

There is such transparency for some courts and cases–especially those involving celebrities and high-profile individuals. A group of media and legal organizations have joined together to form an organization called the Coalition for Court Transparency, and it petitioned Chief Justice John Roberts to start televising the arguments occurring in the nation’s capital. His response? “There are no plans to change the Court’s current practices.”

Throughout the last two decades or so, the justices have given many different reasons for banning cameras inside of the courtroom, including: cameras will encourage “showy” testimonials, the media will use embarrassing sound bites, or that people will misunderstand and judge without looking into the details; however, there are some who speak of the importance of having some transparency within the Supreme Court because it would encourage Americans to learn more about their judicial system: “There’s a real hunger out there from people to know more about the Supreme Court and the justices,” said Ariane de Vogue, Supreme Court correspondent for ABC News. “I think it would be a marvelous educational opportunity.”

Read on to learn about the considerations that must be taken into account during the debate over whether or not to put cameras in the Supreme Court.

Why should we break tradition?

The Supreme Court stands virtually alone when it comes to cameras inside the courtroom. States make their own rules when it comes to this issue, but many do allow them–as do the highest courts in some nations. Some states even livestream proceedings.

Jerry Goldman, director of the Oyez Project at the Chicago-Kent College of Law at the Illinois Institute of Technology says that the Supreme Court is simply behind the times and always will be unless there is some new blood within its walls: “It’s just uncomfortable with change,” said Goldman, whose website catalogs oral argument audio. “They’re always in the caboose.”

Another professor, Sonja West from the University of Georgia School of Law, sees it a different way: the Supreme Court Justices fear breaking something that already works well, afraid what such a monumental change will bring: “They feel very much like the guardians of a very important institution,” said West, who wrote about the Court’s camera policy in the Brigham Young University Law Review. West also says that the Court is so staunchly traditional because of the respect that shroud of secrecy gives–and respect is a main source of power.

Yet another professor, this one of Constitutional Law at Georgia State, Eric Segall, argues that because the justices are government officials, they should not have the choice of whether or not to be transparent. He suggests that the Court should have the burden of proving why cameras should not be allowed, and not the other way around. “This is a public hearing,” Segall said. “It’s open to the public. It’s material. It’s relevant, and people want to televise it. We should be allowed to see it.”

“We have three branches of government,” Dahlia Lithwick, who covers the Supreme Court for Slate, said about camera access. “Two of them are totally transparent, and one of them is completely secret, and that’s a problem.”

Why might the Supreme Court not want cameras?

There have been a few arguments made repeatedly by the Supreme Court justices and those who support them in their calls for privacy. Each one has reasons why it’s a good idea to retain some mystery, but there are also reasons why the need for transparency may overcome the possible adverse effects.

The Public Will Misunderstand What is Going On

Justices have traditionally opposed cameras because people will not understand the role of oral arguments and will jump to conclusions and “root” for an outcome of the case. Justice Scalia has even gone on record to say that the complexity and interworking of the law “is why the University of Chicago Law Review is not sold at a 7-Eleven.”

Sotomayor told a reporter that arguments should not be televised in part because most viewers “don’t take the time to appreciate what the Court is doing.”

However, to some, this view has it backward. Broadcasts of arguments would help the public learn about the Court’s operations, according to Segall. “The more we see Justice [Antonin] Scalia being obnoxious, the more we see Justice [Anthony] Kennedy acting like a law professor, the more we see Justice [Clarence] Thomas sitting there and doing nothing, the more we have insight into the people who work for us.”

Still, there is a chance that people will misunderstand what is happening with the Supreme Court. The Supreme Court has always had problems when it comes to public opinion with consistent periods of low approval ratings, it is easy to see why that could be a fear. A simple misunderstanding could create mistrust between the public and the Court, undermining their effectiveness.

Even for those who are college educated, law isn’t typically a mandatory course like math or even political science. It will be difficult for the general public to grasp some of what is happening within the Supreme Court.

Picking and Choosing

Justices have also feared that putting video cameras into the proceedings will allows journalists to take quotes from the hearing and use them as sound bites for laughs and shock.

Kennedy once said he does not want the Court to become part of “the national entertainment network.”

And Scalia told the Senate Judiciary Committee, “[F]or every ten people who sat through our proceedings gavel to gavel, there would be 10,000 who would see nothing but a thirty-second takeout from one of the proceedings, which I guarantee you would not be representative of what we do.”

Pretty much every news network uses videos of politicians in order to prove points–and taking things out of context seems to be the norm. So, is there something to be said about fearing the editing process? Of course–as with anything. However, it will be up to the journalist to uphold ethics when reporting the news. What comes out of the mouths of the Justices isn’t always how they truly feel or how they want the case to go. Any footage that is taken from the proceedings will have to be taken with a grain of salt.

Cameras and Audio

In addition to video imaging from within the Supreme Court, there has also been a ban on audio recording from within the chambers. In the past, audio recordings have been doctored and then misreported by news outlets, leading to headaches. That has slackened some, and audio recordings are now available after the verdict has been announced. Sometimes they will release same-day audio for high-profile cases, but this is extremely rare.

Notably, one can still get same-day written transcripts of the oral arguments and opinion announcements; however, these do not take things like tone and delivery into consideration. The Justices have learned to choose their words wisely so that they do not come across wrong on paper.

Sotomayor discussed the problems with all reporting to The New York Times, saying:

I don’t think most viewers take the time to actually delve into either the briefs or the legal arguments to appreciate what the court is doing,” she said. “They speculate about, oh, the judge favors this point rather than that point. Very few of them understand what the process is, which is to play devil’s advocate.

It obviously took a while to get to the point where audio recordings are allowed as well, and it might seem like they’re pretty much the same thing as video recordings; however, they’re probably less likely to be mass-distributed on platforms such as news shows, and therefore, less likely to be misconstrued.

Performance Issues

There are also concerns that if cameras are brought into the Supreme Court, the advocates will pander to them. Instead of focusing on the merit of their arguments, they will try to be more convincing and flashy. That being said, that worry gives very little credit to the attorneys arguing the cases–their arguments would still be what the Supreme Court decided on, so there would be little value in creating a performance for outside audiences.

Conclusion

Putting cameras in the Supreme Court is going to take some work from everyone involved. It isn’t going to be something that can have a seamless transition and just happen overnight. Instead, it is something that journalists, viewers, lawyers, and justices will have to come to terms with, and change their behaviors accordingly.

Whatever the change is, there needs to be more transparency in a system that is broken. The Coalition for Court Transparency claims:

Currently, to attend Supreme Court hearings, individuals must stand in line outside the building and wait to be ushered in. There are roughly 400 seats in the courtroom, only a fraction of which are available to the public. That means countless Americans hoping to view the arguments are unable to, especially in cases that have broad public interest, such as the marriage equality, Obamacare, voting rights, and affirmative action cases in recent terms. For these types of cases, interested citizens must often line up hours, if not days, in advance of the arguments. In some instances they have to compete with “line-standers” whose employers have been paid thousands of dollars to hold a powerful or wealthy person’s place in line.

Stay tuned for the next few months as the changes are sure to come quickly.

Resources

Primary

Oyez Project: Latest 

Supreme Court: Transcripts and Recordings of Oral Arguments

Additional 

BYU Law Review: The Monster in the Courtroom

Slate: Amicus: Cameras in the Courtroom

Open SCOTUS: Coalition Letter

Reporters Committee for Freedom of the Press: Holding Out Against Cameras at the Supreme Court

National Constitution Center: Justices’ Comments Cast More Doubts on Supreme Court Cameras 

USA Today: Justices Rock it on the Road, If You Can Find Them

Blaze: New Push to Get Video Cameras in Supreme Court

NPR: Once Under Wraps, Supreme Court Audio Trove Now Online

Slate: Punch and Judge Judy

Tampa Bay Times: Sotomayor No Longer Favors Video Cameras at Supreme Court

CNN: Supreme Court Agrees to Take on Same-Sex Marriage Issue

Slate: Supreme Court Justices Are Not Really Judges

Daily Signal: Public Opinion and the Supreme Court

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Televised Trials: Should Cameras Be Allowed in the Supreme Court? appeared first on Law Street.

Online journalism has opened the door for non-traditional journalists to enter the industry. However, as more and more people trickle into the field, the ethical concerns inherent in journalism evolve as well. Digital media ethics of all kinds exist, they serve to streamline the practices of all sorts of online journalism: blogging, writing, photojournalism, and even social media journalism. Many discussions circle around how online journalists, and those with an audience equal to or even surpassing print journalists, should research, publish, and interact with the text. Read on to learn about how the internet is changing the field of journalism, the basics of journalistic ethics, and what new questions are arising for online journalists.

Changes in the Water

Journalism is transforming at an alarming rate–paper sales of newspapers and magazines are down, and online consumption is at an all-time high. No matter the topic–daily news, celebrity gossip, sports analysis, or even legal news–it’s online. Part of this is because of the turnaround time. No longer is there a need for multiple newspapers depending on the outcome of an event. Instead, a journalist can write, edit, post, and interact on a topic in just a few seconds on social media platforms within minutes on a blog or website.

Change can be difficult to circumvent, especially for those who are used to doing things “the old fashioned way.” Shrinking physical sales equate to shrinking profits from sales, advertising, and usage. Still, online journalism leads to experimentation, integration, and collaboration. Most of the principles taught in college classrooms up until only a few years ago centered on the mass production of newsprint, dating back to the late nineteenth century instead of the current age. Schools are picking up on the advent of digital journalism, teaching ethics, and discussing best practices. Without clear cut guidelines, however, it can be difficult to get everyone to agree on just what the online journalistic ethics actually are and how to implement them. But the question isn’t just how to come up with ethics and how to implement them, but rather: how do we create online journalistic ethics that will work for everyone creating content?

What exactly is online journalism?

Before setting any ethics, there are a few questions to answer. There is a distinct lack of clarity over what it means to be a journalist, mostly among those who actually write, but not as much among those who consume. But still, the questions remain: what is journalism and what is online journalism? Like print journalism, the online variation requires  having the skills to investigate, research, work with technology, and write clearly. Ethics wise, all of these skills are used to verify truth and promote accuracy.

Types of Online Journalism

There are countless different types of online journalism. While this list isn’t exhaustive, some examples include: websites affiliated with major media companies, the websites that mesh articles and blogs, and those websites that are comprised of all blogs.

Traditional News Sites

The Washington Post has been a major American paper for more than a century. It has a completely separate print newspaper from its website and stories that originally premiered on the website rarely, if ever, end up going to the printer; however, stories that run in the newspaper do appear on the website. Some newspapers, such as The New York Times, require readers to subscribe to the service in order to read stories and access some content online. Today this type of journalism has a smaller staff of writers that may also dip into the print writing. As such, many of their ethical issues mirror those of print writers.

Hybrid News Sites

For websites that mix blogs and news articles like the Huffington Post, you will see a combination of ethics coming into play–including those surrounding images and the concerns of a 24-hour news cycle. These websites may pool from a greater number of writers  with a varying amount of skills and knowledge. In addition, they may aggregate content in addition to or instead of creating original content more than traditional news sites.

Comment News Sites

Comment-based news sites, most commonly blogs, are another way to share news. Most often, editorial content that was produced by a variety of journalists is dissected and discussed by the blogger and then through audience participation. This content is often the shortest form of news, ranging up from the 140-character limits of Twitter into full blog postings. Whether or not this is truly journalism is up for debate–but there are definitely bloggers who follow journalistic principles, and those who focus entirely on opinion.

Journalism Code of Ethics

Print journalism has had a code of ethics for decades. As per the Society of Professional Journalists, there are four categories to the code:

Seek Truth and Report it

Whenever possible, journalists need to be able to ensure that what they are reporting is true and reported fairly and accurately, without bias. This includes providing appropriate context, following up on a story if facts evolve, reporting sources fairly,  and avoiding stereotypes and assumptions.

Minimize Harm

Journalists are present to report, but must remain observers. That means that they need to be respectful of the subjects and take precautions such as the ability to “balance a suspect’s right to a fair trial with the public’s right to know.”

Act Independently

This principle is simple–a journalist shouldn’t report on a topic if he or she has a vested interest in it, such as a personal relationship with a subject.

Be Accountable and Transparent

Whenever possible, journalists should allow the public to understand the reasoning behind the information included, and the validity of that information. In addition, journalists have a responsibility to correct any errors they may have made.

While online journalists are still held to these standards, there are additional ethical concerns that online journalists have to take into account; however, many of these ethical concerns fit into the categories of the code.

New Concerns in Online Journalism

Anonymity

Online journalism gives people the chance to be anonymous, and not in a “Dear Abby” sort of way. Anonymity is a prominent facet of the internet. Today, someone can just create a name and start posting content–few would even know if that person isn’t who he or she says wrote the article. Some portals require identification, but it can be as easy as taking someone else’s photo, duping the program with a fake email, and turning off location services.

Anonymity takes away the risk of journalism and allows people to be honest and free with their thoughts; however, some worry it also creates an environment filled with irresponsibility and hurt. Even if online platforms take the extra steps to remove the anonymity of it all, comments and shares aren’t protected from “trolls” or those with ill will.

In addition, it makes many question the validity of online reporting from anonymous platforms. After all, it’s inherently not transparent. Whether or not anonymous journalists can truly be considered “journalists” is a hot topic for debate.

24-Hour News Cycle

The 24-hour news cycle that is possible because of online journalism is also one of the biggest things to cause concern in the online news market. Journalism ethics do require reporters to be accountable and seek to report truthfully, but that becomes more difficult when everything is moving so quickly. Reports, images, and opinions circulate the world faster than ever through Twitter, YouTube, Facebook, blogs, cell phones, and hashtag activism. This speed does not always promote quality, clarity, or accuracy. Instead, it is sometimes a gut reaction to the events at hand, leading to misunderstanding, and at times, fear. Major news sources like CNN often pick up rumors that are later found to be untrue, especially in situations where there is little other information. These reports can cause a “trickle down” effect where incorrect information gets reported once and then repeated, as recently seen in the Ferguson case.

Impartiality: Editors Wanted

When people write about things that they are very passionate about, which is often the case for online journalists, there is a tendency to not remain as impartial as one would wish. Online media sometimes encourages people to tell their opinion and back it up without ever posting the “flip side” of the argument. Many bloggers, in particular, take pride in this, seeing themselves as activists for particular causes or movements, rejecting neutrality; however, that doesn’t neatly fit into the ethical guidelines that require journalists to stay unbiased and truthful.

Of course there has always been an opinion sector in journalism. In fact, some even claim that we are seeing a return to the partisan journalism that colored the profession throughout the early 1900s. Some argue that the responsibility may just fall to the reader on this one: it’s important to search out people on both side of the argument.

Social Media + Reporting = Journalism?

News organizations often send their reporters “into the field” to use social media to pass on information to the general public, creating a brand and influencing traditional reports. Typically they use Twitter, but have been known to use Instagram and even Snapchat as well; however, the new world of online personas creates an ethical gray area.

Take, for example, a reporter who writes political think pieces. In her published articles, she remains impartial on the topic of Hillary Clinton’s presidential run; however, on her Twitter account, she follows @ReadyForHillary and constantly tweets about her desire for Clinton to run. Could these comments give a critic something to chew on regarding authenticity in reporting? In the past, the ability to figure out a writer’s political leanings was much harder because there was less information out there for public consumption.

The ethical challenge for news organizations that use online and offline reporting is to develop social media guidelines that allow reporters or staff members to explore the online media world while also having an online presence. That sometimes means requiring that journalists take on multiple personas, a private one and a public one, in the aims of keeping their public name neutral.

Image Ethics

Photojournalism has only boomed in popularity relatively recently since the start of the internet. Photos and videos now make it easier than ever to capture historical events; however, those same programs that allow us to snap photos and share them in just a few minutes also allow for those photos to be altered and manipulated in a relatively short amount of time. If there was no one else at the event, manipulating an image could manipulate a whole event. Take for instance the latest video of New Jersey Governor Chris Christie falling off of a chair. Said to be punishment for him supporting an opposing football team, the Philadelphia radio station added music and doctored the video, making Christie seem like a clown.

Can news sources trust the images that come from regular citizens? In the past it wasn’t as confusing, as pictures were more difficult to manipulate unless you had intense training. Now, most people know how to use at least some of the tools on Photoshop. According to the Center for Journalism Ethics: “Photojournalists often talk about how it is permitted to change the ‘technical’ aspects of a picture such as altering slightly the tone or color of a photo. But they draw the line at any further changes. Changing the meaning or content of the image so as to mislead viewers is considered unethical.”

Conclusion

In the end, we are left with a lot of questions and very few answers. The problem is that we are currently in the midst of a huge change in journalism. Ten years ago no one would have predicted the rise of websites like Instagram and Twitter because we just didn’t have that technology yet.

Until we have the answers for those questions, and the thousands more that stem from them, the answers of ethics for online journalism is left up to the individual–company, blog, person, or website. Soon enough, we will start to see a convergence on topics like anonymity and image use–it’s already happening. Colleges are slowly rolling out courses only on online journalism. The best we can do, for now, is work with integrity and professionalism and try to hold our news sources to those same standards.

While the principles of journalistic ethics still do hold true, new questions are popping up every day. Journalists do still have an obligation to seek truth and report it, minimize harm, act independently, and be accountable and transparent. The internet may make it more difficult to parse out how those ethics apply in every situation, but they remain the standards of professional journalism.

Resources

Primary

SPJ: Code of Ethics

Additional

MIT: Ethics in Photojournalism: Past, Present, Future

Boise Weekly: Ferguson Case Reveals Media Flaws

Atlantic: How is Social Media Changing Journalism

Huffington Post: Impartial Journalism’s Enduring Value

Huffington Post: Journalism in a New Era

State of Media: Newspapers by the Numbers

Center for Journalism Ethics: Online Journalism Ethics – Photojournalism

Center for Journalism Ethics: Online Journalism Ethics

Poynter: Online Journalism Ethics

SABEW: Online Journalism Poses Challenges, But Doesn’t Require New Ethical Guidelines 

Guardian: Authenticity Has Replaced Authority

Indiana University: Journalism Ethics Cases Online

Editor’s Note: This post has been revised to credit select information to the Center for Journalism Ethics. 

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post What New Ethical Concerns Affect Online Journalism? appeared first on Law Street.

In most cases, the law grants people autonomy over their own bodies, including a constitutional right to consent to or refuse medical treatment; however, for teenagers, that right is curbed by their parents, who have the right to control medical procedures in most cases until that child turns eighteen. There has been a lot of news lately where teens are fighting back against their parents over medical treatments, procedures, and even appointments. Read on to learn more about this issue, including mental health, substance abuse, and physical problems.

Parent – Child Medical Care

Traditionally when a teenager, child, or infant goes for medical treatment, including routine check-ups, parents are welcome in the room. Many doctors’ offices allow the parent in, while some do so only if the child says the parent can come in. This is especially true in more sensitive appointments. In most cases, a child’s parents or guardians are the ones who know the most about the child.

According to the University of Washington School of Medicine:

Parents have the responsibility and authority to make medical decisions on behalf of their children. This includes the right to refuse or discontinue treatments, even those that may be life-sustaining. However, parental decision-making should be guided by the best interests of the child. Decisions that are clearly not in a child’s best interest can and should be challenged.

The concern that a parent could make a decision that isn’t in their child’s best interest has led to some cases where children and teenagers start to fight back against their parents when it comes to medical care.

What are age of consent laws?

Doctors of all kinds, from dentists to ophthalmologists, have grappled for years with age of consent when it comes to mature adolescents. In a 2013 Pediatrics article, the authors stated:

It is well understood in the medical community that adolescents’ aptitude to make rational, responsible decisions changes over time and that older teenagers and young adults have substantially similar cognitive capacities.

According to Doctor Will See You Now, this question of maturity, and the automatic assumption of parent’s rights, endures as the general background rule that will apply in the majority of court cases regarding treatment of teens. The site points out that most frequently, parents are “free to sort among alternatives and elect the course of treatment based on his or her assessment of the child’s best interests.” This rule applies to any patient below the age of majority, 18 in most states, although in a small number of states, such as Delaware (19), Mississippi (21), and Nebraska (19),  it is higher. In Arkansas, Nevada, Ohio, Utah, and Wisconsin the age of majority varies due to high school graduation dates. Some health insurance plans also have rules associated with their policies.

Those who are evaluated to have a maturity over their physical age, however, have been deemed “mature minors” in some court cases. That concept, as psychologically valid as it is, is cloudier when it comes to state laws, which vary widely in their “mature minor” stances, including the ages at which one becomes a “mature minor.” SeverFew U.S. courts have already defined the term, and a few more will be tasked to evaluate it in coming months. Seventeen states do have some form of concession to the standard parental consent requirement, ranging from written exceptions from psychologists to emancipation rights. Most often, the exceptions are requested by minors seeking an abortion without parental consent or knowledge.

These rules have become increasingly open to exceptions aiming to protect minors’ privacy and bodily integrity, safeguard the public health, and respect older minors’ adult-like autonomy and decision making ability.

Sensitive Categories of Treatment: Exceptions to the Rule

All states have some exceptions to parental consent when it comes to medical care for minors. It can become public health issue if young people are scared to get medical treatment because they have to tell their parents about them. These include procedures like testing for STDs–something that all 50 states and D.C. allow minors to do without having parental permission.

In many states, but not all, minors can also give their personal consent without their parents’ input regarding reproductive health services, with regard to contraceptive services and prenatal care, as well as drug and alcohol abuse treatment and outpatient mental health services. However, there usually is a minimum age for this kind of care without parental consent–usually early teens. These laws also don’t preclude parents from being able to require them to submit to treatment.

Abortion

One specific area of concern when it comes to minor medical care is abortion. Most states require parental consent for a minor to receive an abortion, although Supreme Court precedent allows a pregnant minor to receive an abortion under certain circumstances, such as “if she is sufficiently mature or if it would be in her best interests mentally and physically.” “Tests of maturity can include questions about good grades or extracurricular activities, as well as other less-defined queries that would allow judges to see a young person’s thinking process and understanding of the procedure,” said Doriane Coleman, a law professor at Duke University. The law is pretty inconsistent state-by-state, however, in some states, another relative could be allowed to be present at the abortion, in others a young woman could go to court to fight for her right to have the medical procedure.

Substance Abuse

When it comes to substance abuse, some states allow minors to consent to treatment. However, the laws usually also require that minors have to receive treatment if their parents consent to it on their behalf. Allowing minors the option to consent is is an attempt to make sure the treatment sticks–after all, a person who consents to treatment or requests treatment is more likely to follow through and at least stay in the program until the end.

According to the Doctor Will See You Now:

For doctors, the issue is that even if a minor is empowered by state law to give consent, they still need to ensure that the minor is intellectually and emotionally capable of giving informed consent. Thus, even if there is no age limit under state law or the age limit is very low, at times doctors may find it is inappropriate to allow a minor to consent to his own care if he is too immature or otherwise incapable of understanding the procedure’s risks, benefits and alternatives.

Payment, Confidentiality, and HIPAA

Additionally, the Doctor Will See you Now points out:

The fact that some minors can consent to their own health care and treatments in certain areas does not always mean that they actually have a right to confidentiality with respect to that care. Under the Health Insurance Portability and Accountability Act (HIPAA), practitioners are basically required to follow state law regarding confidentiality for minors, and they are given discretion over parental notification when state law is silent on the issue. Most parents will find out eventually, whether it is from HIPAA or the patient’s own volition.

Particular federally funded programs also have certain confidentiality laws. For example, services subsidized by Title X, the federal family planning funding program, have to be provided confidentially, per federal law.

Case Study: Cassandra C.

The Connecticut Supreme Court ruled recently that the state was well within its rights to require a young woman named Cassandra C. to continue undergoing chemotherapy treatments even though it wasn’t what she wanted. Her mother wanted her to do whatever she thought was best.

Because of the nature of the case, and concerns about Cassandra’s wellbeing, the case has been featured in the national news. Unfortunately, Cassandra spent every day in isolation from other patients and was under constant supervision. “She hasn’t been convicted of a crime, but it’s kind of like she’s in jail,” said Joshua Michtom, an assistant public defender and Cassandra’s lawyer. “It’s an especially lousy way to go through chemo.”

Court Orders

There are very rare situations in which the court becomes involved, because parents aren’t acting in the best interests of their children. In addition, there are cases like those outlined in the novel My Sister’s Keeper, where parents seek to have a minor child donate an organ to a sibling, or to undergo any other significantly invasive medical procedure for the benefit of another child.

Conclusion

Medical decision making by and on behalf of children and teens is a subject that is ethically, mentally, physically, and legally complex. State laws vary considerably, and they often have vague standards and language. Children should generally be involved in medical decision making to the extent of their abilities. It is not only a teaching moment, but it is also a way to create autonomy. In the case of a conflict between a minor’s wishes and a parent’s wishes, however, everyone needs to proceed with caution, especially in life or death cases. As such, it is usually wise for them to seek the advice of legal counsel and, in some cases, to proceed to court for a judicial order authorizing the proposed course of treatment.

Resources

Primary

District Court of Appeal of Florida, First District: DEPT. OF HEALTH v. STRAIGHT, INC.

Eastern District Court of Pennsylvania: Parents United for Better Schools v School District of Philadelphia

Additional

The Doctor Will See You Now: Doctor-Patient Confidentiality: How Do We Define It and When Should We Waive It?

Journal of Health Care Law and Policies: Medical Decision Making by and on Behalf of Adolescents

Journal of Pediatric Psychology: Involving Children and Adolescents in Medical Decision Making: Developmental and Clinical Considerations

Guttmacher Institute: Minors and the Right to Consent to Health Care

Philly: Should Teens Get to Say “No” to Life-Saving Medical Treatment?

Pediatrics: The Legal Authority of Mature Minors to Consent to General Medical Treatment

Editor’s Note: This article has been edited to credit select information to the Doctor Will See you Now, and some portions have been edited for clarity. 

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Medical Care for Minors: Who Calls the Shots? appeared first on Law Street.

Today music streaming sites like Spotify seem ubiquitous, but the truth is that they’re fairly recent innovations. As much as consumers appreciate streaming sites, they’re not always as beloved by artists and their collaborators. Read on to learn about music streaming sites, their history, and the legal foundation behind the popular products.

Where did streaming sites come from?

Since the mid-1990s and the era of Napster, the relationship between music and the internet has been rocky. Before most homes in America had a Wi-Fi connection, the only way to get a copy of a song or album was to go to a store and purchase a CD or cassette tape, or go through the painstaking process of recording the song off of the radio. As soon as more and more homes started getting access to the internet fans realized that sharing music with others could be an easy and cheap way to listen. File sharing networks were a dime a dozen, and anytime you wanted a song or an album, you could download the songs and burn them onto a recordable CD.

This obviously meant that many musicians, songwriters, and rightsholders lost money at an alarming rate, and record companies saw a decline in sales, profits, and even advertising. The response was abrupt: lawsuits against file sharers, program developers, and those who downloaded the songs. Lawsuits ranged anywhere from a few dollars and cents to millions of dollars. Of course, that led to bad PR from the general public and made people share music even more while being even sneakier about it. Eventually, the Recording Industry Association of America (RIAA) stopped filing lawsuits and instead turned to internet service providers to monitor illegal usage.

All seemed to be going better, for at least a short time; however, streaming music came to the forefront of the industry and everyone started to get their music for free from websites like Pandora, then Gooveshark, Rdio, YouTube, and Spotify.

Streaming music sites are paid services–or sometimes free, as long as you’re okay with waiting through ads–that enable you to stream music. With Spotify, for example, you start the program, suggest your favorite artist or song, and then you listen to artists and songs that are similar. On some services, you can mix genres, so you can listen to the Broadcast Cast, Nicki Minaj, and Mozart combination radio station, if you really want. Every time someone listens to a song or an album, the artist gets paid by Spotify.

Musicians used to make money in a fairly simple model based off of album sales through record stores and online. It was convoluted at times, due to percentages and contracts, but at its core it was like any other retail endeavor–producers were paid for their product. Today, however, artists make money on everything from iTunes downloads to on-demand streaming to YouTube videos. Unfortunately, many of these methods generate little-to-no money for the actual artists.

Now these services have a responsibility to the artists and those working on the songs. The American Society of Composers, Authors and Publishers (ASCAP) has just granted Spotify a license to stream more than 8.5 million musical works. Cloud-based music services, which Amazon, Google, and Apple have recently introduced, allow users to store music online and play back the music on any device.

In addition, there are fights among the bigger names in music. Entertainment giants like Disney have fought to extend copyright protection on some of their most popular and lucrative pieces of intellectual property, and musicians and songwriters would certainly love to have a longer period to milk royalties out of their creations before the tunes hit the public domain. With Disney leading the way, we might just see some big reforms on the horizon.

So, how do artists make money off streaming?

There are a few different ways musicians make money. If listeners don’t pay for their subscriptions, they get money from the ads that play every few songs. That revenue goes to the streaming site, which then pays the artists their share. Some users get annoyed with the ads, so then they purchase a premium subscription. According to Spotify, this means that the average user now spends $9.99 a month instead of the $5 a month they would spend without it. This chart from Spotify shows the relationship between money earned and music sales in the digital and physical formats. Spotify says that it “pay(s) out nearly 70 percent of (its) total revenue to rights holders.“

Artists no longer make money from the sale of albums or singles, but rather the play of songs. Many people think that this is making artists “up their game” and make albums with better songs, while many artists view it as not being paid for their art. Here is the official description of how they figure out what “per stream” means, right from Spotify’s website:

An artist’s royalty payments depend on the following variables, among others:

• In which country people are streaming an artist’s music

• Spotify’s # of paid users as a % of total users; higher % paid, higher “per stream” rate

• Relative premium pricing and currency value in different countries

• An artist’s royalty rate

Recently, these variables have led to an average “per stream” payout to rights holders of between $0.006 and $0.0084. This combines activity across our tiers of service. The effective average “per stream” payout generated by our Premium subscribers is considerably higher.

So while artists do get compensated when a streaming site uses their work, it’s not as dependable or as lucrative as brick-and-mortar album sales used to be.

Current Debates

When Spotify streams music, it of course takes a cut so that it can stay in business and pay employees. Everyone is happy, right?

Not so fast. It still doesn’t stop illegal download of music, nor does it stop people from piling on the same account, much like people do with Netflix. There has also been some backlash from the musicians themselves. The most notable is Taylor Swift, who refuses to let her album 1989 be played on the service, but also includes Garth Brooks, The Black Keys, AC/DC, The Beatles, and Led Zeppelin. Bette Midler, in particular, is against the services, with Billboard claiming she gets “microscopic micropayment of .00002733076 cents per track.”

Courtesy of Bette Midler/Twitter.

Pandora responded to the Billboard story, saying:

We love Bette’s music and certainly respect her advocacy for fair compensation for artists. But we must clarify an important fact: Pandora paid more than $6,400 for those 4+ million plays, based on our 2014 rates which are published publicly. In terms of compensation to the creative community Pandora remains by far the highest paying form of radio. Pandora pays songwriters a greater percentage of revenue than terrestrial radio. And Pandora paid 48% of our revenue in performance royalties to rights-holders in 2013 – more than $300 million – while terrestrial radio was required to pay nothing.

Of course, Bette Midler probably has enough money to last her, as do many of the other artists mentioned above, but what about artists who do not have as much commercial success? They may not be able to get by on such low payments.

Taylor Swift wrote an Op-Ed on the matter and defended her opinion to Time, saying to those who criticized her choice:

Well, they can still listen to my music if they get it on iTunes. I’m always up for trying something. And I tried it and I didn’t like the way it felt. I think there should be an inherent value placed on art. I didn’t see that happening, perception-wise, when I put my music on Spotify. Everybody’s complaining about how music sales are shrinking, but nobody’s changing the way they’re doing things. They keep running towards streaming, which is, for the most part, what has been shrinking the numbers of paid album sales.

Some musicians are defending the services, however. Bono recently said:

I see streaming services as quite exciting ways to get to people. In the end, that’s what we want for U2 songs. The real enemy is not between digital downloads or streaming. The real enemy, the real fight is between opacity and transparency. The music business has historically involved itself in quite considerable deceit.

Essentially, artists want a fair price for their music. But in a world where almost no one pays full “iTunes” prices for their music, is it worth it for those celebrities to take a stand? As long as there are only a few artists standing against streaming services, it will probably be a losing battle.

Trickle Down Effect?

Swift also defends her choice because she sees her music as an “art.” This begs the question, if the stars are complaining about what they get, what does that mean for everyone else? Alex Anders, a music producer and engineer who has worked with many artists, including the cast of Glee (which charts multiple songs on iTunes and Spotify when the show is in season), had this to say:

@NoelDiem It is the songwriters, engineers, producers, and studios, etc that are paying the price with their livelihood. They can’t tour!

— Alex Anders (@alxanders) January 14, 2015

So who is missing out on money when it comes to streaming? Those who fall into the “other” category, and they have to share a small piece of the puzzle. The Songwriter writes the actual melody and lyrics of the song; the Publisher pays for the music to be recorded; and the Engineer sets up and mixes the music.

The move away from a traditional model of selling music means that these people are sometimes cut out of the equation, or don’t receive as much money as they used to. Can this problem be solved with a restructuring of the music business? Maybe. But it will take artists working together with record labels, streaming services, and internet providers to make a real change.

Conclusion

Streaming music is still in its relative infancy, so it has the potential to improve for everyone in the equation. There have already been many changes in just the last few years. Apple is still in its first year of streaming, and more and more artists are paying attention to cash flow. Is it perfect yet? Hardly. Not by a long shot. But it is a much better alternative than the era of pirated music and zero artist compensation.

Sources

 Primary

Spotify: Spotify for Artists 

Pandora: Artist Support

Additional

Billboard: Bette Midler Disparages Pandora, Spotify Over Artist Compensation

Independent: Music Streaming: The End for iPods?

Time: Taylor Swift on 1989, Spotify, Her Next Tour and Female Role Models

Reuters: U2’s Bono Defends Under-Fire Music Streaming Services

Independent: Why Musicians Hate Spotify

Wall Street Journal: For Taylor Swift, the Future of Music is a Love Story

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Streaming Music: Good Business or an Attack on Artists? appeared first on Law Street.

Schools are constantly feeling the push from colleges, the government, and parents to produce high performers; however, in order for young adults and children to learn, they need to feel safe in their learning environment. One thing that establishes that feeling of ease and safety is for it to be bully-free.

Kids and teens who find themselves becoming victims of either physical or verbal bullying can suffer from bruising and injuries, but can also suffer from depression, anxiety, fear, and low self-esteem. Students who are subjected to the highest levels of bullying have higher amounts of tardiness, absence, and dropouts. But what can and should schools do to prevent this issue? Read on to learn about the bullying that happens in our schools, the steps schools have taken to stop it, and what happens when schools don’t do enough.

How prevalent is bullying?

Bullying breaks down as follows, according to statistics from the National Bullying Prevention Center.

According to the American Academy of Child and Adolescent Psychiatry, 50 percent of children are bullied at some point and ten percent are victims of bullying on a regular basis. Since 1992, there have been more than 250 violent deaths that were a direct result of bullying within schools, and it has also been a factor in several famous school shootings, including Columbine.

Cyber Bullying

Social media, text messaging, and other forms of bullying online have taken an issue that most students could escape at home, and made it nearly impossible to escape. Examples of cyber bullying include mean or nasty text messages and emails, rumors spread by social networking sites, and embarrassing pictures, videos, websites, or fake profiles. Cyber bullying is especially problematic for schools because it often happens off campus and can even be done anonymously. Many schools even question what jurisdiction they have over things that happen outside of schools grounds.

The number of students being cyber bullied has only grown with “secret” apps like YikYak. The 2010-2011 School Crime Supplement indicated that nine percent of students in grades six through 12 experienced cyber bullying; however, the 2013 Youth Risk Behavior Surveillance Survey found that 15 percent of high school students (grades nine through 12) were electronically bullied in that year. It is difficult to combat cyber bullying because just when one app or social media service is fixed, another emerges.

What policies and procedures do schools have in place?

Forty-nine states have anti-bullying legislation–Montana is the one exception–but that seems to not be enough. Schools have no way of enforcing some of the policies, especially when no one is a witness to the bullying. Many have claimed that coming up with actionable steps has proven to be more difficult than it seems because of the wide range of types of bullying. Illinois requires schools to institute social-emotional learning to prevent bullying, whereas other schools have mediation and continual programming. Five states don’t have any repercussions for the anti-bullying laws, while 12 states can actually pursue criminal charges against bullies. These sanctions range anywhere from suspension to community service or even jail time.

Many parents and administrators feel that bullying is a rite of passage of the coming of age process, or a way to toughen up students. Especially with male-on-male bullying, it isn’t always taken seriously; however, those entering the guidance field are starting to receive more training on how to handle bullying situations. The topic has been especially visible in media since shows like “Glee,” “Degrassi,” and even “Hannah Montana” have highlighted the lack of attention placed on bullying in schools. Shows like “Glee,” where the character of Kurt was bullied to the point that he left school, have resonated with students and caused many states to reconsider their actions against bullies.

Still, as the consequences make more noise, administrators, teachers, and students are starting to be held accountable for the behaviors within school walls. The Department of Education recently issued guidance to educators on when acts of student bullying could violate federal education anti-discrimination laws.

What can schools do to prevent bullying?

The truth of bullying is that it isn’t always easily seen, nor is it always black and white. Many people who bully have also been bullied. There is no preventative measure that will eliminate it 100 percent; however, what can be done is to curb the bullying to an immediate, manageable level.

Websites like StopBullying, Jim Wright Online, and the National School Safety Center all offer solutions to the bullying problems. Some of the highlights include programs, group activities, and even ongoing programs for both the bully and the bullied. They also map out the different things the schools can do in a situation where someone is bullied.

For example, an investigation should start immediately after the concern is raised. Anyone can raise the concern, including teachers, students, siblings, parents, bus drivers, and other faculty members. The next step is to have a meeting with the child to find out what is going on–but never with the bully at the same time. Peer mediation has its place, but it should not happen between a bully and a victim.

If the bullying is physical, there should be steps taken to provide for the physical safety of the student, and someone needs to alert necessary faculty and staff members to be on the lookout. The bully also needs to have one-on-one meetings to make sure he or she understands the severity of the problem.

The most important thing is that the school does a thorough investigation into the bullying so that it stops and doesn’t hinder anyone anymore–as bullying often has far-reaching effects that can even hurt the atmosphere of the classroom.

What happens if the bullying doesn’t stop?

Unfortunately, that’s a gray area as well. Many schools have faced lawsuits and fines because they didn’t investigate bullying enough. Schools could face anything from fines in court, being sued by the student or the student’s family, or even mandatory programs within the school. The biggest problems could come for the teachers and administrators who either ignored the bullying, or did as little as possible while it occurred. Some courts are even calling it child endangerment, especially in cases of sexual harassment, abuse, and hate crimes. An even bigger problem comes from cyber bullying and the photos that have been taken of students. Some of these images could be called child pornography.

Case Studies

Kara Kowalski v. Berkeley County Schools, et al. (4th Cir. July 2011)

In this case, a student sued the school district for limiting her First Amendment free speech rights after suspending her for creating a website that was attacking another student in the school. The website, called “Students Against Shay’s Herpes,” stated that the student had an STD, and created a comments section to gossip about the girl. Doctored photos also appeared on the website. Along with suspension, she was excluded from school festivities like a Charm Review, and she was kicked off the cheerleading squad.

The appeals court said the web page was created primarily for Kowalski’s classmates, so the school had the right to discipline her for disrupting the learning environment. They concluded that Kowalski had created a “hate website” in violation of the school’s anti-bullying policy.

The Judge in the case, Paul V. Niemeyer wrote:

Kowalski’s role in the `S.A.S.H.’ webpage, which was used to ridicule and demean a fellow student, was particularly mean-spirited and hateful. Regretfully, she yet fails to see that such harassment and bullying is inappropriate and hurtful and that it must be taken seriously by school administrators.

Still, it is a tricky area for schools, as many could see this as a freedom of speech violation, and because the website was made outside of school.

L.W. v. Toms River Regional School Board of Education, 189 N.J. 381 (2007)

In L.W. ex rel. L.G. v. Toms River Regional School Board of Education, the New Jersey Supreme Court held that a school district can be held accountable for bullying a student because of sexual orientation under the New Jersey Law Against Discrimination (LAD); however, this only applies when the district is aware of the harassment but fails to take reasonable steps to stop it.

The plaintiff’s mother filed a complaint under the LAD in the Division of Civil Rights in which she alleged that the defendant, the Board of Education, failed to take action in response to the harassment that her child suffered due to his perceived sexual orientation. The Division of Civil Rights found that the Board of Education was liable for the peer harassment that L.W. had endured. The Appellate Division affirmed the decision of the Division on Civil Rights.

The case documented several years of abuse that started in fourth grade and continued into his freshman year, where he was bullied to the point of physical attacks. He was removed from the school and enrolled in a nearby district. As punishment for the initial bullying in elementary school, the school had students write apology letters. When he was taunted in seventh grade, the Assistant Principal broke up the fight, but found that L.W.’s behavior “provoked” the incident. More and more incidents occurred but the students only received verbal reprimands.

The school boasted a “zero tolerance bullying policy” the entire time. L.W.’s school addressed the policy in an assembly at the beginning of the school year, but there was no subsequent communication on the policy throughout the year. Eventually, L.W. withdrew from the school and enrolled at a school in a neighboring town. His attendance and transportation expenses were subsidized by the defendant Board of Education.

The Court concluded that the school had not taken reasonable steps to stop the bullying, and that there was more that could have been done on all levels. The Court differentiated L.W.’s situation from “isolated schoolyard insults” or “classroom taunts,” which is how the school had treated them.

Morrow v. Balaski 

At the end of 2013, the U.S. Supreme Court declined to hear an appeal seeking to hold a Pennsylvania School District responsible for the repeated bullying of a student by her peers. The case involved Brittany Morrow and the Blackhawk High School in Beaver County, Pennsylvania. Her bullying included racial threats, physical assaults, and cyber bullying. In one incident described in the case, Brittany was suspended after defending herself during a lunchroom attack. When her parents asked the school how to keep her safe, they suggested another school. They later filed a lawsuit against the Blackhawk school district and an assistant principal for alleged violations of their 14th Amendment substantive-due-process rights.

In their appeal to the Supreme Court in Morrow v. Balaski, the family said school officials “acted to allow the aggressor to return to school following her temporary suspension and despite court orders mandating no contact. They opened the front door of the school to a person they knew would cause harm to the children.” The appeals court ruled nine to five in favor of the school that there was no “special relationship” between schools and students and ten to four that legal injuries to the victims were not the result of actions taken by administrators under a “state-created danger” theory of liability.

The court was torn about the case, saying “Parents … should be able to send their children off to school with some level of comfort that those children will be safe from bullies. Nonetheless, the Constitution does not provide judicial remedies for every social ill.”

Conclusion

Bullying is a serious problem, and that is especially evident within schools. From simple teasing to physical threats and even assault, bullying weakens the education system. Schools are creating programs and offering tools to try to combat it; however, many people think that teachers and administrators are failing to properly address bullying. It isn’t always easy, when bullying now takes on so many forms, including on the web, schools have a changing relationship with students.

Resources

Primary

Fourth Circuit Court of Appeals: Kara Kowalski v. Berkeley Country Schools, et al.

Supreme Court of New Jersey: L.W. v. Toms River Regional Schools Board of Education, 189 N.J. 381 (2007)

Additional

Governing: 49 States Now Have Anti-Bullying Laws. How’s that Working Out?

AACAP: Bullying

Web MD: Social Bullying Common in TV Shows Kids Watch

Education Week: Supreme Court Declines to Take Up School Bullying Case 

Pacer: National Bullying Prevention Center

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Bullying in Schools: Who Gets the Blame? appeared first on Law Street.

It might seem a bit morbid to think about it, but chances are that you already have: what are your rights once you have died? It’s a sad reality, but what legally happens after we die is something that requires our consideration.

The answers might not seem as clear as they should be, and there have been many cases recently that might make you think twice about waiting to memorialize your expectations for the celebration of your life. You often hear someone say, “It’s what she would have wanted” or “He told us before he died that he wanted…” but what happens if you don’t tell someone what you want? Worse yet, what happens if your family and friends know what you want, but are under no legal obligation to listen? With the sheer amount of material goods we collect, from money to possessions to even social media accounts, what happens to it all when we are no longer there to take care of it?

What is a Will?

In a technical sense, a will is

A written document which leaves the estate of the person who signed the will to named persons or entities (beneficiaries, legatees, divisees) including portions or percentages of the estate, specific gifts, creation of trusts for management and future distribution of all or a portion of the estate (a testamentary trust). A will usually names an executor (and possibly substitute executors) to manage the estate, states the authority and obligations of the executor in the management and distribution of the estate, sometimes gives funeral and/or burial instructions, nominates guardians of minor children and spells out other terms.

Basically, a will is a way to control what happens to you, your family, and your material possessions, as well as guarantee that everything will be done legally the way you want it to be done.

There are several formalities you will need to go through before your will is determined to be valid and legally enforced. Most people will see a lawyer to help them make a will, but you could do it yourself as long as you follow the legal requirements, which can be tough. Sometimes people go in the wrong direction when it comes to wills, and it becomes just a symbolic piece of paper with no real meaning. As such, it’s best to work with a professional.

Lawyers make a lot of money from wills that are poorly or weakly worded. A will needs to be clear and unambiguous or it creates tensions and arguments that go nowhere, costing everyone more money in lawyer fees.

According to the website Do Your Own Will, if you are in the know, the legal requirements are quite easy to comply with, and even easier to write. If your will is found to be invalid after your death, however, your estate will be distributed according to certain rules in law, and not necessarily according to your will.

The number one rule? Anyone who writes a will must be at least 18 years of age, and of sound mind. There is no limit on one’s age, though past a certain age it is recommended to start sooner, as the “sound mind” can start to go. Being of sound mind means that you are aware of what a will is, who the people in the room are, who your beneficiaries are, and you must not be under pressure. Writing a will is your own decision, and when you sign it, it must be done in front of at least two witnesses, not including a spouse. You know those movies where the person states his or her will into a tape recorder? Not quite a reality–it still needs to be in ink, as a video can be easily damaged.

You should clearly lay out who gets anything from your estate; material possessions, monetary accounts including stocks and bonds, and property should all be considered. Remember that any debt you have will have to be paid off in full before any beneficiaries receive money.

A will is equalizing–whether you are leaving a few coins in your piggy bank or a multibillion dollar account, the same rules apply. If you have taken the time to craft a will that lays out in detail who will get what, it must be worth your time to ensure that the will is binding in the eyes of the law. It will not be you, but your intended beneficiaries, who stand to suffer if it is not.

 Social Media Will

Of course technology causes some trouble with wills and what to do with those accounts of yours. For anyone who has had a friend or family member die, seeing his or her social media profile can be a great way to remember and celebrate, or it can bring sadness and more grief. If you are active online, consider making a social media will. While writing your will, you can include a special section on social media, or you can create an entirely separate document. A separate will is usually intended for accounts people don’t know exist–such as a blogger alter-ego. Whatever you put online, from pictures, edits, songs, fanfiction, and even your status updates all belong to you. You can let them linger on forever, or you can put someone in charge of deleting content. Just remember that on some sites, like Pinterest and Tumblr, it is impossible to really delete posts if they have been reblogged or repinned.

You can also include provisions about things like your online sites that collect money, like Etsy, but that could also fall into the monetary section of your regular will.

You should appoint someone you trust who will be responsible for the closure of your email addresses, social media profiles, and blogs, if you so wish. Social media is a part of daily life, so what happens to the online content that you created once you die?

In your social media will, you should do the following:

• State how you want the profiles to be handled. You can break them down into specific websites. For instance, maybe you want your Twitter deleted, but want to keep your YouTube videos up.
• Give the social media executor a document that lists that websites you have a profile on, including your usernames, passwords, and security questions.
• If you don’t know your online executor in person, appoint someone to contact that person at your death.
• Check to see if your profiles have account management features that will allow you to manage what happens to your accounts after you die.

What happens if a will isn’t valid?

A will isn’t valid if someone simply writes it on a piece of paper and allows the family to find it. Lately, people have been leaving Word documents, social media posts, blog drafts, and even YouTube videos. Having an invalid will is the same as not having one at all, and in that case, according the American Bar Association:

Since your property must still be distributed, the probate court in your area will appoint someone as the administrator of your estate to distribute the property in accordance with the state laws. The costs associated with this are more expensive than having an executor named by you in advance and must be paid out of your estate before any property is distributed.

Sadly, this happens all too often. The section below details several of the most famous incidents of people who didn’t (or won’t, in one case) get quite what they wanted after death.

Case Studies: Wills Gone Wrong

Michael Jackson

One of the most contentious battles in recent history is the one over the estate of Michael Jackson. When Jackson died he was in a state of bankruptcy, but he still had many assets, including his and The Beatles’ song catalogs. Jackson’s siblings Janet, Jermaine, Rebbie, Tito, and Randy sent a letter to the men overseeing his estate, John Branca and John McClain, accusing them of fraud and saying that the will in use was, “without question, Fake, Flawed and Fraudulent.”

The executors fired back: “Any doubts about the validity of Michael’s will and his selection of executors were thoroughly and completely debunked two years ago when a challenge was rejected by the Los Angeles County Superior Court, the California Court of Appeals and, finally, the California Supreme Court.” The only family members named in the will were Jackson’s mother and his three children.

In a now-deleted tweet, the King of Pop’s daughter said: “I will defend my beloved family member with all i have, even if it means from other family members…at this point i don’t care what people call me or if they think i’m a bad person…if it means sticking up for my grandmother i will do it.” 

It’s clear how messy it can get when wills are involved, especially when the validity is in question.

There were some problems with the will, including taxes, although it is unclear if the problems stemmed from the writing of the will or the estate itself. In February 2014, the Internal Revenue Service reported that Jackson’s estate owed $702 million, including $505 million in taxes and $197 million in penalties after claims that the estate undervalued Jackson’s fortune.

As Jackson’s death came suddenly, it is unclear whether or not he would have revised the will to include his siblings, or if he would have perhaps taken care of some of his payments.

Leelah Alcorn

In one of the most heartbreaking cases of late, Leelah Alcorn, an Ohio transgender teen who committed suicide after citing her parent’s inability to accept her, wrote a will on her Tumblr page shortly before her death. In her note, she specifically stated:

As for my will, I want 100% of the things that I legally own to be sold and the money (plus my money in the bank) to be given to trans civil rights movements and support groups, I don’t give a s**t which one. The only way I will rest in peace is if one day transgender people aren’t treated the way I was, they’re treated like humans, with valid feelings and human rights. 

Since Alcorn was not 18, nor was the will legally binding, her parents are not legally obligated to observe her final wishes. While MSNBC reports that Alcorn’s funeral service was private due to threats, it is possible that she was buried under her birth name, Joshua.

Tom Bridegroom

In one of the most publicized documentaries of 2013, Bridegroom, Shane Bitney Crone tells the story of the life and loss of his partner Thomas Lee “Tom” Bridegroom, who died in a tragic accident. After Bridegroom’s death, Crone found himself cut off and deprived of any legal protection due to the face that Bridegroom did not have a will.

The film chronicles the story of their six-year relationship and the struggles Crone faced after Bridegroom’s death, including the family not allowing Crone to attend the funeral of his life partner. In it, he tells that Bridegroom’s mother came and took almost everything that remained of his life, including his clothes and personal belongings.

When it came time to go to the funeral, Crone was told his safety would be threatened by Bridegroom’s family if he went. Bridegroom didn’t have a will, so he could not lay out what he wanted, and more importantly, who he wanted at his funeral.

Conclusion

It’s morbid to think about what you want after death. What do you want to wear, who do you want to speak, what music do you want to play? But it’s also important to think about all that you have to your name, and who you would trust most with everything from your book collection to your Instagram account. It’s all going to be there for as long as you  let it. While it’s great to tell someone that he or she can have a specific item, or tell your cousin to clear your internet history before anyone else can see it, you have to give them the legal authority.

Resources

American Bar Association: What happens if I die without a will?

American Bar Association: What do I have to do to make my will legally valid?

NY Daily News: Michael Jackson’s cut-out siblings say lawyers forged his signature on will

MSNBC: Leelah Alcorn’s suicide note pointed out societal problems

E News: Michael Jackson’s “Fake, Flawed” Will—The Battle Rages

Huffington Post: Why You Need a Social Media Will

AmericaBlog: Worst parents in the world?

Woman’s Day: 6 Things You Need to Know About Writing a Will

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post From Your Finances to Social Media Accounts, What Happens After Death? appeared first on Law Street.

With the end of the Colbert Report, so ended an era. Facebook and Twitter were full of people lamenting the end of Stephen Colbert and his late night character, saying things like, “Where am I going to get the news now?” and “Who can I trust to tell the truth once he’s gone?” Surely, it’s a good mix of people who understood the characters Colbert played and those who honestly felt like his show was reality. Where exactly are Americans getting their news, and what impact does it have?

When it comes to politics, Americans watch CNN, MSNBC, and Fox News more often than they watch traditional or local news. But what does it mean for the future of comedy news, news in general, and the way we react to it?

Where do we get our news?

Even at a time when television viewing numbers are falling due to an increase in streaming sites and a general lack of traditional watchers, most Americans get their news from television or television-backed news sites.  Pew Research Center analyzed Nielson data and its findings showed a lot about the television landscape, but even more about the people who watched it. These are the findings:

Almost three out of four U.S. adults (71 percent) watch local television news and 65 percent view network newscasts over the course of a month, according to Nielsen data from February 2013. While 38 percent of adults watch some cable news during the month, cable viewers—particularly the most engaged viewers—spend far more time with that platform than broadcast viewers do with local or network news.

While it is interesting to note how many people watch the news, it is more poignant to look at what news people watch, as simply watching news doesn’t mean too much in the age of bias and deep-pocketed politicians. Take a look at that study for a more in-depth view of what exactly people are watching.

Cable

Fox News

Fox News has been getting a great deal of negative publicity in the last few years, even more so than before with the growing popularity of internet memes and altered videos. As such, Fox News attracted an average of 264,000 primetime viewers in that key 25-54-year-old demographic, a number so low that the network hasn’t seen it since 2001. One of the biggest draws to the station is Bill O’Reilly, host of The O’Reilly Factor as well as an author, syndicated columnist, and political commentator. His audience remains at over 2.1 million viewers per episode, but once again, the number skews toward the older crowd.  Still, the Daily Kos points out that, “every Fox program in primetime dropped by double-digits, with Bill O’Reilly taking the deepest dive. Sean Hannity posted some of his lowest numbers ever in his new 10:00 pm time slot.” Things are not looking good for the company unless it can swing in some newer, fresher hosts and programming.

According to the Daily Mail, the average viewers at MSNBC and CNN are 60, and the average is 62-64 for the broadcast networks; however, the average viewer of Fox News is not quite the rich, white, Rush-Limbaugh loving man that the liberal bias would have many believe. In Frank Rich’s New York Magazine article, he paints a clearer picture of the typical Fox News viewer:

The million or so viewers who remain fiercely loyal to the network are not, for the most part, and as some liberals still imagine, naïve swing voters who stumble onto Fox News under the delusion it’s a bona fide news channel and then are brainwashed by Ailes’s talking points into becoming climate-change deniers. They arrive at the channel as proud, self-selected citizens of Fox Nation and are unlikely to defect from the channel or its politics until death do them part.

So what does watching Fox News say about you? You lean conservative, you are probably older, and you are typically from a middle-to-upper class household. Still, the station has an audience–maybe not entirely from that coveted advertising swath, but it has one, which is more than some other stations can boast.

CNN

If Fox News is drowning, CNN is already dead in the water when it comes to that key demographic, with only 99,000 viewers in the 25-54 sector in May 2014, according to Politico. Anderson Cooper 360 is still the top program on CNN with an average of 452,000 total viewers, and 145,000 in the key range.

The average CNN viewer, however, isn’t the type of person who will tune in for nightly news broadcasts or scheduled programming. Instead, it is becoming the go-to for hot topics and current events that interest people, such as the recent social justice protests, Ferguson special reports, Ebola, weather emergencies, and presidential addresses.

Still, the station has been doing some reshaping lately to help its numbers and push forward into the next era of broadcast. Brian Stetler explained:

Now, there is some overall shrinking going on. But the better word for what’s happening in media today is “reshaping.” Through layoffs, through cuts, through new investments, “reshaping” for the digital future that really feels more like the digital present. It’s already here. None of this context makes it any easier to say goodbye to our colleagues. In fact, it may make it even harder, because the fact of media, THE fact of media in 2014, is that reshaping of all kinds is going to continue.

So the viewership of CNN is changing, but it’s typical audience remains the same. Mostly liberal, younger but not too young, and transient people who don’t often sit and watch the news on a nightly basis. Still, take a walk around your local mall, sit at the dentist, or walk through an airport, and it is the station you are most likely to see.

MSNBC

MSNBC is one of the newer news channels, founded in 1996, and dedicated to broadcasting news programs 24 hours a day. It is owned by NBC Universal (82 percent) and Microsoft (18 percent), and its sister channels range from CNBC to The Weather Channel. What you see on MSNBC, however, is very different from what you see on the other stations.

One of the more famous programs, The Rachel Maddow Show, is seeing some pretty low ratings this season. The push now is to bring in younger viewers to round out the audience that is growing older fairly quickly. Still, it is considered the go-to network for those who consider themselves politically progressive.

MSNBC is constantly changing, more so than many of the other news stations. It works with viewers, though stays pretty close to its ideals, which many critics say lean too left. Some say that the network is setting itself up as the antithesis of Fox. Most recently, the network has taken a bit of a tumble in the ratings. According to the Huffington Post, MSNBC was down across the board, including declines in the key viewing demographic of nearly 20 percent, and president Phil Griffin vowed to make changes in 2015.

Still, shows like Morning Joe and Hardball with Chris Matthews finished ahead of their time slot competitors on CNN.

News Competitions

Another interesting revelation from Pew:

In one finding that may seem counterintuitive in an era of profound political polarization, significant portions of the Fox News and MSNBC audiences spend time watching both channels. More than a third (34%) of those who watch the liberal MSNBC in their homes also tune in to the conservative Fox News Channel. The reverse is true for roughly a quarter (28%) of Fox News viewers. Even larger proportions of Fox News and MSNBC viewers, roughly half, also spend time watching CNN, which tends to be more ideologically balanced in prime time.

So what does this viewing mean? Here are just a few more statistics from that study to keep in mind as we delve deeper into the individual stations:

• “More than one-quarter (28 percent) of the people who watch Fox News also tune in to MSNBC. An even higher number (34 percent) of MSNBC viewers turn on Fox News.”
• “There is even more crossover viewing when it comes to CNN. Slightly more than half (54 percent) of MSNBC viewers watch CNN, while 44 percent of Fox News viewers tune in to CNN. Healthy segments of the CNN audience also watch Fox News (39 percent) and MSNBC (38 percent).”
• “Overall, five percent of the adult American population watches both MSNBC and Fox News. That is slightly lower than the percentage that watches both CNN and Fox (8 percent) or CNN and MSNBC (also 8 percent).”
• “Despite some crossover, there are also viewers who watch only one of the three cable channels: Fox News Channel narrowly has the largest singularly dedicated audience. About one-quarter of American adults (24 percent) watch only Fox News, 23 percent watch only CNN and 15 percent watch only MSNBC.”

What about local news?

Local news, whether it is for a region or a smaller community, has also taken the backseat when it comes to key viewers. Airtime is a big factor in these problems–local news is often shown when people are coming home from work or sitting down to eat dinner. Fewer people are tuning into these broadcasts–even entertainment ones–choosing instead to watch reruns of other popular shows that air at the same time. Local news, as a rule, reports more on local activities and not just big political events, so those who are tuning in to see that information will go to bigger channels.

News Through Comedy: The Daily Show and Beyond

It may seem obvious that a “replacement” news source for Stephen Colbert would come from his “rival” and the person who preceded his time slot. In fact, he needs no introduction, as Jon Stewart is one of the most trusted faces in media, and his program, The Daily Show, is where Stephen Colbert got his start in the genre. His style takes a bit of getting used to, but give him a second chance before leaving Comedy Central. His ratings are higher than most of the other news outlets, and he does it all with a little bit of humor that “real” news stations cannot get away with. According to the Daily Mail, his show averages 2.3 million viewers per episode, putting him far ahead of others news outlets in not only viewers, but also in that 25-54 range. In fact, The Daily Show is consistently ranked the top late-night news show among the key demographic.

In 2012, a study even found that people who watch The Daily Show are more informed than people who watch Fox News. This could be because the face of The Daily Show isn’t the only person who reports on the show–there are a bevy of people who do humorous investigations. The Daily Show viewers tend also to be more educated, younger, and far more liberal than the audiences of other news sources.

There are other similar shows that have been picking up momentum lately. Most notably, Last Week with John Oliver on HBO has been breaking boundaries and bringing in more and more viewers. Of course, Oliver was a correspondent on The Daily Show, so his segments sometimes emulate Stewart’s, somewhat like Stephen Colbert’s did. In fact, Matthew Jacobs of the Huffington Post named Oliver’s program as 2014’s best television show, stating: “The year’s most surprising contribution to television is a show that bucked conventional formats, left us buzzing and paved the way for a burgeoning dynasty.” Gawker’s Jordan Sargent claimed Last Week Tonight is “the new Daily Show,“ while simultaneously criticizing The Daily Show for abandoning those “who have moved on from caring about Fox [News] and Republicans.”

So what can take the place of Stephen Colbert? Not much. When Stephen signed off, he wasn’t just leaving Comedy Central and satirical news behind, he was leaving behind a character that informed us while making us laugh. Time will only tell; so few thought that Jay Leno could be replaced, but his successor, Jimmy Fallon, has hit his stride to great success.

Conclusion

To get a well-rounded view of any political or social topic, it pays to do the research, find the facts from a variety of sources, and make your own decisions. Don’t shy away from Fox News, but also tune in to The Daily Show. The most important thing is that we consume news and current events through some medium. Sure, we have to understand the biases and we have to contemplate the “spin” on each story; however, it’s important to tune into news on television, as it is often the best way for us to visually learn about any given topic. How we receive our news has changed drastically, but now you can get it at the drop of a hat from many different sources.

Resources

Primary

Pew: How Americans Get TV at Home

Additional

New York Magazine: Stop Beating a Dead Fox

Daily Kos: Fox News Suffers Worst Ratings In Thirteen Years – And That’s Not Their Big Problem

CNN: Reshaping at Major Companies

The Wire: Fox Viewership is Getting Even Older

Politico: May Cable Ratings Spare No One

Media Bistro: October 2014 Ratings

Daily Mail: The average age of Fox News Viewers is 68 and a Majority of Them are Politically Conservative and White

Editor’s Note: This post has been revised to credit select information to Pew. 

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Comedy or Cable: Where Do Americans Get Their News? appeared first on Law Street.

There has been a surge lately in a certain category of books on Amazon and Barnes & Nobles’ websites: memoirs. Many people think that they have something new or unusual to share with the world, and they share it through self-publishing, or in some cases, market publishing. These works talk about everything from living with drug abuse to parenting a child with Autism. For authors–especially those who self-publish–when it comes to the legality of what you are saying who you are naming, it can quickly become a slippery slope. This debate has made news out of many memoirs–from A Child Called It to the latest drama with Lena Dunham’s Not That Kind of Girl. So legally, what can an author say, and what can’t be said? How do you walk that thin line between complete honesty in your own memoirs and what is legally permissible to divulge about other people? Read on to learn when you can name names in memoirs, and the details behind some of the most famous cases that have shaped opinion on the subject.

What’s the legality behind “naming names?”

In an article with Writer’s Weekly, legal expert Howard G. Zaharoff says there are two ways to tell if you should name names. The first has to do with the actual law of the land: “…U.S. law prohibits defamation, that is, oral or written falsehoods that hold the subject up to scorn or ridicule. Every negative statement you make about a living person must be true and, ideally, supported by evidence.” So you can name names, as long as everything you say is true. But it goes a little deeper than that, as there have been many cases where people truthfully name names and still get into legal trouble.

The second way requires a little more discretion: “The right to avoid disclosure of truthful but embarrassing private facts is the first right,” explains Zaharoff. “For example, I am reading John Sandford’s latest Prey novel, in which a well-known politician is accused of having sex with an underage woman. She offers proof that she had sex with him by describing two semicolon-shaped freckles on his testicles. Unless they are relevant to an important and truthful account you need to tell, I would avoid that kind of disclosure.” While that image is shocking, it is something that a writer probably would not need to share in a written piece–it does not add interest or pique curiosity. Try not to reveal anything too personal or embarrassing about whomever you are writing about.

Legal action is tricky, because in the end, it is probably only going to be the writer’s word versus that of the plaintiff. Even if you do not lose the lawsuit, you will still have done some damage to your reputation and to your book. So on to the real question: how do you tell your story without risking litigation?

• Disguise as much personal information as you can.
• Try not to describe physical appearances; or change physical appearances.
• Do not use biographical information to describe why a person did something.
• Use a pseudonym if at all possible.
• Talk to a lawyer before you publish the book.

But the question is, again, how authentic can your story be if you are fabricating characters? Truthfully, if you want your memoir to be authentic, you can’t change very much at all about the character’s upbringing, education, career, appearance, or even economic status–that makes up a person’s character. Is it enough to change a name?

Let’s look at some of the most famous cases where an author faced possible legal action for naming names.

Augusten Burroughs’ Running with Scissors

Augusten Burroughs had a close relationship with Theresa Turcotte throughout his life. In fact, it was Burroughs’ relationships with Turcotte and her entire family that inspired his wildly popular memoir Running with Scissors, which chronicles his life from the ages of nine to 17. During most of this time, Augusten lived with the family of his mother’s rather unorthodox psychiatrist. Following his mother Deirdre’s first minor psychotic break, she began to see Dr. Finch. Before long Burroughs’ parents divorce and (SPOILER ALERT) his mother reveals that Finch had been controlling her through medication.

Vanity Fair explains that, “The character based on Theresa is named Natalie Finch, and in her first appearance she is described as a ‘ratty’ 13-year-old. In the next reference she has ‘long, greasy stringy hair and dirty clothes.’ In the next five pages she is described ‘spilling crumbs down the front of her striped halter-top’ from a tube of Pringles and wiping ‘her hands on her bare knees’ and using the word ‘cunt.’” The woman who inspired the character, who now works professionally for the University of Massachusetts Medical School, was taken aback.

In subsequent press interviews, members of the Turcotte family cried foul on many of the accusations that Burroughs made. They do not call everything into question, including some of the accusations about their controversial father. But of course in order to file a suit, the family would have to go public, which could be even more damaging if they lost.

The family took both Burroughs and the publisher to court, where they came to an agreement that Running with Scissors would no longer be called a memoir. Burroughs’ new acknowledgments note at the back of the book will say that the Turcottes “are each fine, decent, and hard-working people.” Financial terms of the settlement are completely private. Sony Pictures made a deal with the family before releasing it as a movie.

Burroughs won in this case, saying: “I’m not at all sorry that I wrote [the book]. And you know, the suit settled–it settled in my favor. I didn’t change a word of the memoir, not one word of it. It’s still a memoir, it’s marketed as a memoir, [the Turcottes] agreed one hundred percent that it is a memoir.”

Not That Kind of Girl by Lena Dunham

Lena Dunham, actress and outspoken feminist, was sexually assaulted while studying at Oberlin College. Anyone who has read her memoir or seen an interview with her in the last few months during its publicity tour will know this, because in Not That Kind of Girl, she details exactly what happened to her. But now she is being called an unreliable narrator by some people associated with the college.

According to the Washington Post:

‘Barry’ the purported assailant in Dunham’s ‘Not That Kind of Girl,’ is characterized as Oberlin College’s ‘resident conservative,’ suggesting that such a designation is rare at that Ohio bastion of liberal politics. He is described in considerable detail, sporting a flamboyant mustache and purple cowboy boots, working at the campus library and hosting a specific radio talk show. The book’s copyright page acknowledges that ‘some details and identifying details have been changed.’

When questioned why she decided to publish her account, she said, “I hoped I might inspire others to share, and that forming these connections would assist us in healing.” She then continued: “There is no right way to survive rape and there is no right way to be a victim. What survivors need more than anything is to be supported.”

Random House, which reportedly paid more than $3.5 million advance for Dunham’s book, has offered to pay Barry’s legal fees, but made no further comment on the way Dunham’s book was fact checked or edited for names. Future editions will make it clear that Barry is supposed to be a pseudonym.

Though we don’t know the end of this one yet, knowing the public’s love/hate relationship with Dunham it is bound to get interesting.

For anyone who has read the book, it seems that Dunham’s intentions were not to shame the man who did it,  but rather to raise awareness of the fact that things like sexual abuse and rape happen on college campuses everywhere–even those that are progressive. Dunham is known to be a hot topic in the public eye, and people tend to jump on her case whenever she does anything. Still, as someone who is not a first time writer–she has awards and a lot of media attention from writing Girls–she probably should have known better than to use an actual person’s name and exact likeness in her autobiography.

Conclusion

Memoirists walk a very fine line because many of them have also written fiction, including Dunham–who has blurred the lines with her book and her television show Girls–Binjamin Wilkomirski, and James Frey. The brunt of the responsibility is on them to write honestly, precisely, and clearly about their pasts. Readers also have to realize that each story is told from the perspective of the writer–not necessarily who the included stories are about. Geoffrey Wolff wrote The Duke of Deception about his father, a pathological liar, whose fantastical stories he studied. “I’m going to write everything I believe to be true,” he says. “The writer knows memory bends, but everything I write I believe to have happened.”

Resources

Primary

Buzzfeed: Lena Dunham: Why I Chose To Speak Out

Additional

Vanity Fair: Ruthless with Scissors

Telegraph: The minute you tell me your story – it’s mine

USA Today: Burroughs Settles Lawsuit with “Scissors” Family

Writers Digest: Will I Get Sued if I Use Real Names in my Memoir?

Creative Penn: 7 Mistakes to Avoid When Writing Your Memoir

NPR: Augusten Burroughs’ Mother Speaks Out

Washington Post: Lena Dunham and the damage done by false accusations

The New York TImes: The Problem with Memoirs

Editor’s Note: This post has been edited to replace a source that has been taken off the web. 

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post The Gray Area in Memoir Writing: When Can You Name Names? appeared first on Law Street.

Freedom of speech is one of our rights in the United States, and it is guaranteed by the First Amendment. So it is hard to believe that something like social media that a majority of us use every day, could be the exception to the rule that we can say what we want to say without fear of backlash. In general, there are exceptions that prevent hate speech, defamation, and threats. Some of these aren’t legal, just frowned upon by the society at large, while others can get someone in trouble. Social media sites allow for the spread of all types of speech, from spoken word pieces on sites like YouTube, to shorter phrases said in 140 characters on Twitter. The publication of negative speech has some positive and negative consequences. We’ve seen them play out in the last few years with events in Ferguson, the Occupy Wall Street movement, and every major election.

It is difficult, however, to choose which pieces of speech are worthy of protection from action and which can be used against someone in legal proceedings. Not everything said on social media can be taken at face value. What one person deems as offensive and disturbing may incite a different emotion in another person. Striking a balance between unfiltered free speech, political correctness, and censorship is difficult. Censoring what is allowed on social media may seem like it goes against our Constitutional Rights, but allowing a free-for-all on speech can lead to threats, bullying, and hate speech.

Social Media’s Impact

Speech is not, nor has it ever been, a completely good vs. evil situation. There is so much more behind a string of text than just the literal meaning of the words. This is what makes it so difficult to decide who and what has a right to be on social media sites like Twitter, Facebook, and Tumblr. Some countries, like North Korea, Iran, China, Pakistan, and Turkey, have completely blocked their citizens’ access to social media sites as a way to ward off the problem. They operate under the theory that if you take away the cause, you won’t have to worry about it.

Many websites and apps do have “report” features so that a user can alert the webmasters that something has gone wrong. This begs the question, if someone says something terrible on social media, and it is reported but nothing happens, who is responsible for the fall out? It’s an increasingly important topic across the world; this isn’t just limited to the United States.

City of Ontario, California, et al v. Quon, et al

In 2009, the Supreme Court of California heard a case that discussed the rights to free speech in text messaging between employees. Employees of the City of Ontario, California filed a claim in district court against the police department, city, chief of police, and an internal affairs officer. They believed that their Fourth Amendment rights were violated when their text messages on city-issued pagers were reviewed. The city did not have a text-messaging policy; however, it did have a general “Computer Usage, Internet, and E-mail” policy. Those employees felt as if that particular section did not cover their pagers. The court held that the city employees had a right to privacy in their text messages because there was no specific language about text messaging in the city’s policy.

This, along with several other cases about Cloud privacy has prompted many to ask the question: are Supreme Court justices too out of the loop to fully understand the severity of the problem? Most–though admittedly not all–Justices don’t interact with social media to a great extent. Perhaps one or two may have a Twitter account, but those are often controlled by members of their team. President Obama, who is largely considered more modern with technology, is the first sitting President to have a Twitter account, but there are questions about just who actually runs it.

 Anthony Elonis v. United States

This case concerns a Pennsylvania man, Anthony Elonis, and his post of violence-filled rap lyrics aimed toward his ex-wife. He didn’t use his own name, but rather the pseudonym Tone Dougie. His rap suggested that he should use his wife’s “head on a stick” in his Halloween costume. He used images that haunt the public mind, saying that he was going to terrorize a school as “Hell hath no fury like a crazy man in a kindergarten class.” Some of the other lyrics were extremely troubling:

There’s one way to love you but a thousand ways to kill you. I’m not going to rest until your body is a mess, soaked in blood and dying from all the little cuts. Hurry up and die, bitch, so I can bust this nut all over your corpse from atop your shallow grave. I used to be a nice guy but then you became a slut.

He also rapped about killing federal agents. Tara Elonis, his ex-wife, felt threatened by the song. The court had to judge “whether the threatening speaker intended to harm anyone or whether the listener was genuinely afraid of being harmed.” Nancy Leong pointed out in the Huffington Post that, “because the Internet filters out voice and demeanor cues, online statements provide less information about the seriousness of the statement, and are thus more likely to be reasonably interpreted as threats.“

Elonis didn’t seem to be too upset at first, posting on Facebook: “Did you know that it’s illegal for me to say I want to kill my wife? It’s illegal. It’s indirect criminal contempt … I also found out it’s incredibly illegal, extremely illegal, to go on Facebook and say something like the best place to fire a mortar launcher at her house would be the cornfield behind it …”

The case is ongoing and it has incited intense emotions from both sides of the fence.

The Good

What are the benefits of having freedom of expression on social media? Surely, it is a way for some people to vent their anger without feeling self-conscious, nervous, or upset without resorting to violent actions. Everyone has a right to say what they think. We’ll never know, thankfully, if Elonis would have followed through on the threats in his rap.

Retweets, liking, or even posting your own status can be as effective as screaming at the top of your lungs at a protest. Lately, Facebook has been full of posts that educated everyone on topics relating to racism and the plight of African Americans in modern day America. There are always a few feminist pieces floating around. LGBTQ statuses, articles, and debate appear often, as well. Looking into the comments of these pieces, it is easy to see a cross section of what people believe about the topic. After all, the best way to argue for something is to know why people are arguing against it.

Social media has also become a home to those people who post positive things about topics from body-positive Instagram campaigns to equal media representation groups on Tumblr.

The Bad

To quote Uncle Ben from Spiderman: With great power, comes great responsibility. Unfortunately, many people do not understand their responsibility to fellow man. People who don’t believe in the status quo (or those who believe in the previous status quo that is now shifting to another) can stir up some pretty harsh feelings. People have the right to believe whatever they want, but these more extreme views on politics, racism, sexism, and homosexuality can start verbal sparring matches that help no one.

People have been using social media to post threats that haven’t been taken seriously for years. Stricter online controls would help alert the authorities in some cases, and even protect the innocent. Social media can be used for internet bullying, which in some cases is worse than the traditional verbal bullying. Online gossiping and social media platforms allow the bullying to continually exist–a problem for both the bully and the bullied.

Conclusion

Social media is one of the best inventions of the last century. It allows us to stay in contact with people we would have left behind, and it allows us to preserve our memories in a time capsule. However, it can also make or break a person depending on how someone reacts. Truthfully, the problem isn’t a freedom of speech issue, but rather one of morality. Can we take morals and apply them to the virtual world?

Resources

Primary

Supreme Court: City of Ontario, California, et al v. Quon et al

Constitution: First Amendment

Constitution: Fourth Amendment

Additional

Slate: Are Facebook Threats Real?

Huffington Post: Constitutional Rights in the Digital Age

The New York Times: Do Online Death Threats Count as Free Speech?

Salon: The Supreme Court’s baffling tech illiteracy is becoming a problem

Business Insider: This Guy’s Facebook Rants Put Him In Prison, And The Supreme Court Will Hear His Case Today

Truth Out: This Time, “Free Speech” Cannot Prevail

ABA: United States v. Anthony Elonis – Third Circuit

Index on Censorship: 10 Countries that have Social Media Banned

The New York Times: Chief Justice Samples Eminem in Online Threats Case

First Amendment Center: Social Networking

Bloomberg: The 8 Most Important Cases in the New Supreme Court Term

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Freedom of Speech and Social Media appeared first on Law Street.

Last Monday night St. Louis County Prosecutor Robert McCulloch delivered a combative 25-minute address in which he seemed to blame social media for some of the fallout between the death of Michael Brown on August 9, 2014 and the announcement that police officer Darren Wilson would not be indicted for shooting him.

McCulloch focused his attention on the role of social media covering the story, blaming it for misleading the public and creating a martyr out of Brown from the start. He was particularly cutting to the people of Ferguson who witnessed or didn’t witness the event saying that, “within minutes various accounts of the incident began appearing on social media.” He continued on to say that the posts, mostly on Twitter, were “filled with speculation, and little, if any solid, accurate information.” His statement did little to quell the fire on social media platforms like Twitter, Tumblr, and Facebook. In fact, it might have ignited a deeper fury in the hearts and minds of those who were blogging about the incident.

Social media has been a key part of the nation’s involvement in the Ferguson case since the day it happened. Protest footage was shown online as it developed through YouTube, Twitter, and Facebook posts. If that spark of anger ever dissipated, a well-timed hashtag could bring it back, and when the evidence was released, people joined together to comb through the details for more information.

What would have happened if social media hadn’t been around for Ferguson? It’s unclear, but the impact of social media cannot be denied–it changed the face of a county, the life of a man, and the start of a movement.

Twitter

From the moment the shooting happened and continuing through today, Twitter has had a lasting impact on the general public’s memory of Ferguson and the events that followed. Tweets from Alderman Antonio French kept everyone abreast of what was happening, and were the source for information on the scene. The story spread far and wide, and may have been what some witnesses used when they discussed the event before a jury. Comments were made on everything from the extensive media coverage to the altercation between local police and a Washington Post reporter.

The near-constant trend of #Ferguson has not stopped since August, with nearly 3.5 million tweets around the planet in the three hours after the decision was delivered to the public.

That opening statement sounds like, "None of this would be a problem except the Internet."

— James Poniewozik (@poniewozik) November 25, 2014

People didn’t just use Twitter to talk– it was used to promote action as well. According to the Social Media Listening Center at Clemson University, the incident in Ferguson and the hashtags #MichaelBrown, #Ferguson, #DarrenWilson, and #BlackLivesMatter had the highest response to any event since they started monitoring the service. Listening Center Director Joe Mazer said that 90 percent of the Twitter mentions were negative toward Officer Wilson and the Ferguson Police Department. He said key influencers of the conversation were members of the media and the forces on the ground, or the people in and around Ferguson.

Much of that response was to organize protests, educate others, and spread the word about both sides of the case. Movements started on Twitter and many more grew because of it. In a country where people often say we don’t participate in government, simple sentences in 140 character increments have done what political leaders haven’t been able to do in quite some time: bring groups of people together through their feelings of injustice and anger.

#StoptheParade

Twitter took things to another level when activists in NYC took to social media and encouraged people in and around the city to gather together to interrupt the Macy’s Thanksgiving Day Parade. They used the hash tag #StoptheParade to plan the protest that was to bring the injustice from the grand jury result to the eyes of those enjoying the parade. While it unclear how many people were involved in its inception, or even who started the movement, it quickly moved from hundreds of tweets on Twitter to posts on Facebook and Tumblr. As the movement grew, a map was released to show protesters just where to gather.

We moved #stoptheparade to 12am due to weather here’s the facebook group + info http://t.co/AzuTGdyHTw pic.twitter.com/TI2M5tHEWJ

— VHS dad (@versacenudes) November 27, 2014

Though mainstream media didn’t cover the protests instead of the parade, videos and images flowed onto Twitter and Instagram showing peaceful protesters we well as those who got a little more physical. It seemed like the NYPD got word of the event, as there were many officers lining the streets specifically where protesters planned to meet.

Tumblr

Much of what is happening on Tumblr is similar to what is happening on Twitter, though there are of course longer posts with some more detailed analysis of court documents and personal responses. However, there is one thing that is very different: the Ferguson National Response Network. The network stems from an idea that protesters had before the indictment announcement, which is a system that allowed interested parties to sign up to receive SMS messages about the announcement. This was especially helpful to those who worked during the announcements. As that movement grew, there was a demand to continue this collection of activities, so they created the Network Response Team. The Tumblr page allows submissions for peaceful demonstrations, allowing other people to join in so that the event is a success. There have been more than 70 events and counting planned through the page.

Online Fundraising

Social media and internet resources weren’t just a refuge for those fighting against Wilson. There were two fundraising campaigns set up to raise money for the police officer when it became apparent that he probably wouldn’t return to the line of duty, either through indictment or from resigning. The sites were set up through GoFundMe, but they were eventually halted. There was also a Facebook page called “Support Darren Wilson,” which raised more than $430,000. That too was halted with only a parting message stating that interested parties should “Please redirect Badges for Darren to the Ferguson PD. Thank you for your continued support. We understand that there will be many unanswered questions and concerns and we will update supporters as soon as we have the answers.” Another site, Support Officer Wilson, has raised more than $235,000, but it also stopped accepting donations without an explanation. There were reports that the administrators of the pages were receiving threats over their participation.

So, was social media’s role in Ferguson good or bad?

The Good

Social media is great at getting information out quickly about ongoing events. One could just set his or her browser to “Ferguson” and it was almost a real-time display of the events. Networks are only able to cover one aspect at a time, but social media has access to the collective information. It also allows for the continued planning of events that need larger groups of people as a sort of grassroots campaign.

Social media also allows people to search for information that is relevant to them. While the major news networks were all turned to the events in Ferguson, communities in New York City and Philadelphia also had their own protests. By using Twitter, one would just have to search to see where the protests were–either to join in or avoid them during travel.

Finally, it is obvious that social media encourages everyone to be more active and aware of the world around us. Without social media, we would only be privy to the information released by the news media, much of which has been slanted toward one direction or the other. It allows us to have educated debates, understand the details, and make our own decisions.

The Bad

Social media may have hurt the legal proceedings in Ferguson more than it helped. Those involved claim that witnesses who were around the scene on the street claimed to have seen Brown with his hands up, however many of their accounts seem to have come from Twitter rather than their own experience. Former New York City Mayor Rudy Giuliani even went on record to say that those witnesses should have been sued for perjury. While some argue that this is just looking for a reason not to persecute Wilson, the truth remains that many eyewitness accounts didn’t match up.

Social media may have also played a part in the violence, stoking anger and fear in the hearts of those involved. We can all agree that the violence and looting that has erupted, though understandable to some, has left many with a bad taste in their mouths and is almost undermining the cause. Social media has a time and place, and if we can use it responsibly, it will help shape the way we receive, discuss, and process news.

Resources

Primary

Twitter: #Ferguson Tag on Twitter

Mail Chimp: Darren Wilson Verdict Text Message Service

Twitter Reverb: Real Time Display of Tweets

Additional

Bustle: Ferguson’s Prosecutor Blamed Social Media for Misinformation, Entirely Ignoring the Mission and Necessity of Social Media

LA Times: Fundraising Web pages for Ferguson cop still closed; it’s unclear why

Washington Post: Grand Jury Reaches Decision in Case of Ferguson Police Officer

Washington Post: How Social Media Freed Reporter

Mediaite: Indictment Announcement from Ferguson

WYFF4: Social Media Listening lab sees record posts on Ferguson

Ferguson Response: Ferguson National Response Network

Talking Points Memo: Here Is How The Prosecutor Described The Michael Brown Shooting

Talking Points Memo: Rudy Giuliani On Ferguson Decision: I’d Prosecute Witnesses For Lying (VIDEO)

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Ferguson and the Effect of Social Media Activism appeared first on Law Street.

Ask anyone who has been to a college campus that has a fairly active Greek system, and you will hear some very strong opinions about the institutions. From those who think they are the absolutely best thing in the worl to those who think the idea is antiquated and the system needs a major renovation or even a demolition.

There are problematic aspects of Greek culture, to be sure, but is also a feeling of comradery and trust that goes into becoming a member of an organization. For some a fraternity or sorority might mean sister- or brotherhood, family, and fun while to others it is elitist, dangerous, and borders on bullying. Read on to learn about greek life and the arguments for and against it.

Brief History of Greek Life

Secret societies have long been a part of the cultural makeup of the United States. Students at the College of William & Mary in 1776 (does that year ring a bell?) formed a secret society called Phi Beta Kappa. It was the first Greek fraternity and set the precedence for those that followed: Greek letters, a secret ritual, a secret handshake, mottoes, a badge, and a code of ethics for all members. This group put an emphasis on academics and personal behavior, stressing the importance of being a gentleman.

The early 1880s saw a group of fraternities that is now called the Union Tria: Kappa Alpha Society, Sigma Phi, and Delta Phi. More and more fraternities were forming, often forming triads to keep in contact with other systems should problems arise.

In the 1850s the first sorority, Alpha Delta Pi, was founded, though it was not called a sorority at the time. It was during the mid-1800s that people started looking down on secret societies in fear of the unknown.

The National Panhellenic Conference (PANHEL, as it is called at many colleges) was founded in 1902 to unite sororities and in 1909, the National Interfraternity Conference (now the North-American Inferfraternity Council) was established to do the same with fraternities. As African Americans started to enter the college system with greater force and presence, organizations such as Alpha Phi Alpha were formed, as most other Greek organizations instituted racial and religious limitations on their membership until the 1960s.  Eventually the National Pan-Hellenic Council, the National Association of Latino Fraternal Organizations, and the National Multicultural Greek Council would also be formed to govern their respective organizations.

World War I and World War II brought trouble for the Greek system. Most college-aged men went into battle, and fraternities couldn’t keep their charters due to low membership. Many houses were used to hold troops, or were used to hold spillover students after dormitories were taken over. Smaller fraternities merged together to create larger ones in hope of keeping both alive. However, the opposite problem started when the boys came home from war: there was an influx of men on college campuses that wished to go Greek, and the fraternities could become selective. This brought about the tradition of hazing to see who was “worthy” of joining.

Since that time, fraternities and sororities have endured during times of distrust and membership decreases to now have prosperity and popularity. Organizations no longer have racial or religious barriers to membership, at least in their handbooks.

Currently, many schools have at least some Greek letter organization, whether it is social, service, or academic Greek. In some colleges, up to 70 percent of the student body is involved in some form of Greek life. However, some schools don’t allow Greek organizations due to stigmatism, low interest, or history. Many schools fall between the two extremes.

What issues do greek organizations need to face now?

Hazing

Image Courtesy of JayBeezy58 via Wikimedia Commons.

Hazing has been at the forefront of much of the modern criticism of Greek life. Hazing typically occurs during the pledge period when a prospective member has to prove him or herself worthy of becoming an official member.

Almost all Greek organizations do have requirements to join the organization. Some of the requirements include interviewing current members, study hours, participating in service events, and memorizing the rules and history of the organization. Some sororities and fraternities focus on those who are academic, social, or sports leaders at the school. Earlier requirements to join Greek did include having the right family or the right bank account to back up the bid.

Many colleges require dry pledging – or require that no one pledging the sorority or fraternity can drink during pledging. However, some Greek organizations force alcohol upon pledges as part of the pledging process. Sororities will often have their pledges buy expensive jewelry and either gift it or throw it away, proving their monetary worth.

Horror stories from those who pledged sororities can be particularly vicious. While fraternity hazing can be dangerous or harmful to the body, girls take it to the extreme with the mental hazing. Many different schools claim to have some sort of body shaming where the women within the organization will circle or highlight the parts of the body that the pledges need to work on to be members of the organization. There are also reports of women and men performing embarrassing sexual acts in front of their sisters or brothers. Alexandra Robbins, author of the book Pledged, echoed the sentiment of emotional harm. “I’ve talked to thirty-somethings who are still haunted by their sorority hazing,” the popular author explains.

Many schools are cracking down on hazing and punishing fraternities and sororities that are even accused of hazing.

Partying

Partying, drinking, and staying out late will probably always be a part of college, whether Greek life exists on campus or it doesn’t. Sororities and fraternities seem to get the blame for a lot of on-campus partying, but the reality of it is that if a campus has any sort of group, they will get together to drink. It doesn’t matter if it Sigma Alpha Epsilon, cafeteria workers, theatre students, or the school newspaper – it will happen.

However, there are problems within the partying scene in Greek culture particularly. Many of the theme parties that fraternities and sororities are famous for are not in the best of taste. A college recently even sent out a letter to the Greek organizations to remind them to be appropriate and tasteful during Halloween events. In 2013, a Duke fraternity, Kappa Sigma, held an “Asian Prime” themed party where they dressed in Asian-inspired clothing and spoke in accents throughout the night. While other students were outraged, the college seemed to remain passive: “The event was thoughtless and offensive but we’re not sure if it actually broke any rules,” Larry Moneta, vice president for student affairs, told the Herald-Sun. Other problematic themes have included a “Thug Party” at Arizona State, “USA v. Mexico” at Randolph Macon,  “Colonial Bros and Nava-Hos” at California Polytechnic State, and “Bloods and Crips” at Dartmouth.

The simple truth may be that part of the Greek stereotype encourages people to think this about fellow classmates. Even if a party isn’t a sorority or fraternity, if one person is there who is a member of the organization or wearing letters, it is automatically dubbed a sorority or fraternity party. However, Greek organizations also have a responsibility to each other and the organization as a whole to use discretion and appropriate themes when planning and participating in events.

Sexual Assault

The news has been aflutter with case after case after case against fraternities accused of gang rape, violence, and sexual assault. Is it just a coincidence that the highly publicized cases are all fraternity members? Could be — but the truth remains that one in four college women will be sexually assaulted. Something is going wrong on college campuses. A story from Rolling Stone emerged last week about a woman at the University of Virginia who says she was gang-raped at a fraternity party her freshman year. Regardless of the specifics of the crime, it’s clear the university mishandled her sexual assault complaint.

Too often, colleges will mishandle any and all rape or sexual assault complaints from their students. A young girl was raped during an athletic weekend with the University of California, and it was swept under the rug by college officials to protect the integrity of the athletic department. These are just publicized cases, how many girls are being assaulted and not reporting it? How many girls are being told there’s nothing the school can do? Sixty-two percent of sexual assault at the collegiate level is drug assisted, so there are at least two crimes happening: the purchasing of drugs and rape.

Case Study: Clemson

Recently, a Clemson University student, Tucker Hipps, fell to his death from a bridge while running with his fraternity brothers. The college suspended all fraternities, citing reports of alcohol abuse, sexual misconduct, and general neglect. However, they didn’t tie the ban to the death of the student.

Clemson student affairs vice president Gail DiSabatino said in a statement:

“It is especially prudent to suspend fraternity activities given the tragic death of Tucker Hipps. There has been a high number of reports of serious incidents involving fraternity activities, ranging from alcohol-related medical emergencies to sexual misconduct … These behaviors are unacceptable and mandate swift and effective action to protect students. There is no higher priority than the safety and welfare of our students.”

Police haven’t connected his death to hazing or drinking, but there is still an investigation pending on the incident. The national Sigma Phi Epsilon organization released a statement saying that if foul play was involved in Hipps’ death, it would make sure those responsible are brought to justice and face proper repercussions.

Case Study: University of Virginia

The University of Virginia just suspended all fraternity activities, stemming from accusations in a Rolling Stone article that stated the Charlottesville campus failed to protect students from sexual abuse in the Greek system in 2012. According to the magazine report, a young woman was attacked by several members of the Phi Kappa Psi fraternity. She was sexually assaulted for hours and sodomized with a beer bottle at the fraternity house. The victim had repeated meetings with campus officials, including the President and the Dean, but the campus did not take any steps. Two other women also had accused Phi Kappa Psi members of sexually assaulting them.

The school is currently investigating, as it could result in it losing its Title IX funding.

In Defense of Greek Life

Greek organizations do have a purpose on some college campuses. They serve to unite large groups of college students in a positive way. Students who are involved in Greek life are more likely to stay at a college than those who do not. Colleges with Greek life are more likely to see active participation in many other college events, including Homecoming and spirit week festivities. For those in academic Greek or service Greek, they make positive impacts on various areas of the school’s cultural landscape.

Those who participate in Greek life are also more likely to keep in contact with their college friends and return to the campus. According to Psychology Today: “for some people, memories from the Greek years appear to have a special significance, even influencing behavior decades later. In his book, Beer and Circus about Three A’s of University Life (academics, athletics, and alcohol), Murray Sperber writes about fraternity alumni seeking a little cross-generational bonding with current members through sharing memories of alcohol mayhem. “‘The main storytellers are often alumni, and they frequently gather in their old fraternity houses to narrate the tales and, on occasion, to try to relive them.’”

Greek life, despite its issues, does often have a place — it can help those who aren’t sure of their place in college find a home and a family. Amy Hansen sums it up best: “Sororities and fraternities teach young people to be strong, to be curious, to be brave, to be zestful. Their rituals aren’t just words whispered in a dingy basement. They are living, breathing actions during collegiate life and beyond.”

Conclusion

Some colleges don’t benefit from Greek organizations. If the college is too small, it definitely can seem like an “us v. them” situation. However, a large part of whether or not a college should have a Greek system depends on the actual organizations themselves. How the members treat each other, other students, and members of other organizations creates that atmosphere.

Aspects of Greek life certainly have problems, and there are many controversial situations with which Greek life organizations have to deal. However, there are tangible benefits from having the organizations on campus as well–schools need to encourage the organizations to find that balance themselves.

Resources

College Candy: Biggest Lies About Sorority Life

Business Insider: Don’t Ban Fraternities

Huffington Post: Greek Life Faces Crackdown at USC After Alcohol-Related Injuries

Colonnade: Greek Life, Myths, Truths Revealed

Cosmopolitan: The 13 Most Nightmarish Tales of Sorority Hazing

The Bottom Line: Cons of Greek Life

USA Today: Examining the Benefits of Greek Life

AJC: Fraternities Under Fire: Is it Time to Ban Fraternities?

Psychology Today: How Fraternities and Sororities Impact Students (Or Do They?)

Peterson’s: Should Your College Life Include Greek Life?

Fastweb: To Pledge or Not to Pledge

College Express: 10 Colleges That Get Greek Life Right

Editor’s Note: This post has been revised to credit select information to Psychology Today. 

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Does Greek Life Serve a Purpose on Today’s College Campus? appeared first on Law Street.

Anyone who has been inside of a high school in the last five years has seen some interesting fashion choices by today’s teenagers. Teachers are expected to teach to the tests, teach students how to survive in the real world, personalize the curriculum for IEP students of all levels, and still have their work graded within twenty-four hours. And now? Some districts are adding another dimension: dress code enforcement. Dress codes are an important part of school culture, as they sometimes dictate whether or not a student can even attend class. Some things make more sense when it comes to the dress code: no short-shorts, no shirts with offensive sayings, and no pants that sag too low. There are also some questionable additions to the dress code, namely yoga pants, leggings, spandex running pants and other clothing that fights tightly to the body. With the seemingly endless stream of issues that American school teachers are responsible for this begs the question, are yoga pants really the problem?

What’s the fuss about yoga pants?

Yoga pants have really become a hot button topic among everyone from teenagers to fashion’s biggest designers. The pants are made out of a thin material that stretches and gives, which is why they’re comfortable for people to wear. The pants are usually credited as flattering on most body types because they cling to the legs and give definition where there may not be any. The pants also can become sheer when someone bends over, which is a chief complaint among the trend’s naysayers; however, if they are the proper size, that may not be an issue–especially with yoga pants, which tend to be thick. Many schools are dealing with the dilemma of whether or not they are proper attire for the classroom, and emotions run deep on both sides.

What sort of punishments can yoga pants get you in school?

Regulations vary from school district to school district, but an increasing number of them are outlawing yoga pants, leggings, and similar wear. The punishments and ramifications also vary, but they usually involve a request to change into either clothes brought by parents, or provided by the school.

Ashley Crtalic published a well written letter in the Billings Gazette a few weeks ago that raised some interesting points about her local high school dress code, including a punishment that is increasingly popular in public schools: public shaming and humiliation for not following the dress code. Some schools have extra, extra large shirts that say “I disobeyed the Dress Code,” or “Dress Code Reinforcement” on them, showing everyone in the school that that person broke the rules. Students have to either wear the shirt or have a parent bring in a spare pair of clothes.

Alternatively, some schools will have their students sit in the office until parents come in with a change of clothes. The concern with this is that today in America, if a home does have two parents, they usually both work, so requiring a parent to leave work in order to bring alternative clothing to school can be a burden. These students are missing out on important class time that they need, especially if they want to go onto college–all because they wore yoga pants to school. Other punishments range from detention, demerits, loss of privileges, and loss of activities.

How are students fighting back?

Feminism is reaching a whole new, younger audience thanks to social media websites like Tumblr. It is through those platforms that people are hearing more and more about these argued injustices. A 14-year-old student recently put up these posters over signs announcing her school’s dress code, protesting against them publicly and hoping to gain support.

Many school officials claim “distraction” is why these types of pants are banned. Students have responded to that criticism with concerns of their own, however, that such strict dress codes and punishments unduly distract female students. If a female student has to sit in the classroom with an embarrassing shirt on, or sit in the office waiting for a new outfit, she is probably not able to pay full attention to her studies.

Students who disagree with these dress codes argue that the distraction comes in many forms–gossip, catcalling, attention, unwanted touching, or even unwanted pictures. If it is as bad as has been reported at some schools, it would be bordering on sexual harassment, which shouldn’t be tolerated by any school. Those who stand against such dress restrictions argue that part of the purpose of school is to prepare young people to be functioning members of society, one of those things should be how to properly function in public.

So, is banning yoga pants a good idea?

Some argue that not allowing girls to wear yoga pants or leggings to school is a way to keep them responsible for their own appearances, and provide training for when they go into the real world. Girls won’t be allowed to wear leggings or yoga pants to the office, and school is preparing young adults to go out into the work force. Schools have banned pajamas, basketball shorts, and sweatpants for students for similar reasons–they aren’t the correct attire to wear in a professional environment. Supporters argue that it’s not an attack on young women, but rather a valuable teaching moment for students.

Other parents say that not allowing yoga pants or leggings in schools will cut down on the bullying and taunting of other students, namely females. Many girls who are bigger get made fun of for wearing leggings, especially if they cannot find them in the correct size. There is also a question of classism within leggings. Those who can afford the more expensive leggings are more likely to not have a problem with the sheerer, cheaper variety.

Some of the parents who are for banning yoga pants are in favor of instituting a much stricter dress code overall for all students, limiting them to shirts with collars and khaki pants. This works to eliminate some of the label mongering that many schools face, as the outfits will all be similar. It also prepares students for being comfortable in what would be a business casual outfit in college or a work place.

Case Study: Haven Middle School

The administrators of Haven Middle School in Illinois told parents in September that their daughters were no longer allowed to wear shorts, leggings, or yoga pants to school because they were “too distracting.” Parents fought against the rule because they didn’t think it was the girls’ responsibility to stop boys from becoming distracted.

They wrote a petition that 500 students went on to sign, claiming that the rule was sexist. Some students wore yoga pants anyway, in protest. One girl told the Evanston Review that, “Not being able to wear leggings because it’s ‘too distracting for boys’ is giving us the impression we should be guilty for what guys do.”

The parents are fighting back as well, say that, “This kind of message lands itself squarely on a continuum that blames girls and women for assault by men. It also sends the message to boys that their behaviors are excusable, or understandable given what the girls are wearing. We really hope that you will consider the impact of these policies and how they contribute to rape culture.”

As of publication time the dress code at Haven Middle School is still up for review.

Case Study: Skyview High School

When the administrators of the small Billings, Montana high school decided to add the following provision to the handbook over the summer, they didn’t think it would cause a big problem: “Leggings, jeggings, and tights ARE NOT pants and must be worn with dress code appropriate shorts, skirts, dresses, or pants.”

But it was a problem for many students, including one who went to the school board and declared that they were shaming the women in the school. “It’s completely sexist and misogynistic,” she said. “This tells women that our bodies are something that need to be hidden.” It is important to note that boys in the school were allowed to wear sleeveless t-shirts as they are a part of their uniforms.

No one has been sent home for violating the new code, but the principal has said that she has asked students to put on a longer top or sweatshirt. If they don’t have one, they can borrow one from the office. By a week after the ban, 200 students wore yoga pants on the same day.

Conclusion

Dress codes do have a place in our public schools. It is the job of the school district to prepare students for their best possible futures–futures that probably don’t include wearing leggings or yoga pants to the office. They are fine for gym class, for lounging around on the weekends, but in school, the goal should be to learn, not be comfortable. In fact, not allowing any sort of loungewear on the school grounds is a great way to improve the wardrobe of students before they go into college or the workforce. Let’s teach our kids how to dress for success.  As is currently the case of some dress codes or dressing standards, schools are typically assuming that boys can’t pay attention because of the way girls dress; however, we might not be giving either party the benefit of the doubt. By high school, if schools have done their jobs, our students should know how to act. If they don’t, then it is up to principals, guidance counselors, teachers, or other male students to have a meeting of the minds with these young men. This is a topic that will continue to cause contention in our public schools as districts deal with new trends and fads.

Resources

NY Daily News: ‘Distracting’ Yoga Pants Banned By Officials at North Dakota High School

Billings Gazette: Why Yoga Pants Are Incredibly Dangerous to Today’s Youth

My Fox Philly: High School Bans Yoga Pants

Alternet: High School Bans Dangerous Threat to Male Students: Yoga Pants

Fox 17: Leggings and Yoga Pants Are Banned at Niles High School

Boston.com: Your Guide to America’s War on Yoga Pants

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post School Dress Codes: Are Yoga Pants Really the Problem? appeared first on Law Street.

Signing onto your Facebook or Twitter account has become a social media oversharing gram of Russian Roulette with engagements, weddings, pregnancies, stomach viruses, break ups, make ups, Taylor Swift lyrics, celebrations, political opinions, moves, and that weird ingrown hair in that girl who lived down the hall from you freshman year that she’s pretty sure is infected but she’s going to ask her “Nurse Friends” just in case.

No matter where we post — Facebook, Twitter, Tumblr, Instagram, SnapChat — it’s all the same: we are sharing some of our private thoughts and feelings that at best will embarrass us later in life, and at worst can cost us jobs and relationships.

Everything we post on social media from pictures to snippets of lyrics gives us a glimpse into our inner person and our outer person, including where we are physically at any time. In fact, many people have actually been arrested because they posted where they were on Facebook or Twitter right after committing a crime or because they filmed themselves doing something illegal and then posted it. What makes these people think they can post something so stupid on social media? It’s quite simple.

Social media promotes oversharing and under-thinking.

No, I didn’t just knock the Scentsy wax all over the bathroom wall because I was dancing to “Shake it Off.” #thatwouldbestupid #TS1989

— Noel Diem (@NoelDiem) November 2, 2014

Who is Oversharing?

Pamela Paul at The New York Times seems to sum up most feelings about social media:

“UNLESS you are my best friend or my husband, I don’t need to know the macabre symptoms of your gastrointestinal virus. I don’t need to know about how much candy anyone, other than me, has eaten. As for my ex-boyfriend, I don’t need to hear about his wife’s ability to Zumba.”

Walking through the park, grocery shopping, or grabbing your coffee at Starbucks can undoubtedly include social interactions; however, there is rarely a time when waiting for your laundry to finish up in the dryer in the laundry room you start spouting unsolicited updates to someone else in the room, no matter how close you may be. Certainly there are people who are oversharers in real life, but they don’t comprise a large portion of the population.

On social media, however, oversharing seems to be the norm. It’s difficult to figure out why we share everything on social media — is there something about those white boxes that we think won’t judge us? Is there a cleansing feeling when you share something somewhat embarrassing? Do we think someone will find us alluring when we share something completely private about our lives? Just recently we discussed the legal implications of social media when criminals reveal themselves to law enforcement — but is there a rhyme or reason to why we share completely strange information about our daily lives on social media but wouldn’t dare utter it at the dinner table?

Psychology Behind Oversharing

Sharing our private thoughts, feelings, and opinions with others in a non-threatening way actually activates the neurochemical reward system in our brains, according to a Harvard University study. In essence, sharing something simple on social media makes us feel good, much like buying a new pair or shoes, taking a long run, or going on a really great first date.

But more interesting is the report of Elizabeth Bernstein in the Wall Street Journal when she declared that our desire for more people to know about our private lives is actually because of reality TV and our own social anxieties.

“This effort is known as ‘self-regulation’ and here is how it works … When having a conversation, we can use up a lot of mental energy trying to manage the other person’s impression of us. We try to look smart, witty, and interesting, but the effort required to do this leaves less brain power to filter what we say and to whom.”

While our brains reward us for oversharing on Facebook, that still doesn’t necessarily explain why we expose sometimes embarrassing or harmful information about ourselves on social media.

Why Do We Overshare?

Professor Russell W. Belk from York University in Toronto took on this topic in his paper “Extended Self in a Digital World.” He suggests that we are not truly ourselves on social media, but rather trying to portray ourselves as more “perfect” forms of ourselves by filtering what we allow people to see. We do this to impress one person, a group of people, or even confuse ourselves about who we truly are.

“When we’re looking at the screen we’re not face-to-face with someone who can immediately respond to us, so it’s easier to let it all out—it’s almost like we’re invisible,” says Belk of the “disinhibition effect” that online sharing helps promote. “The irony is that rather than just one person, there’s potentially thousands or hundreds of thousands of people receiving what we put out there.”

Belk’s observations are confirmed in another study by Gwendolyn Seidman of Albright College and published in Computers in Human Behavior. She examines how people use Facebook to express their “true selves” in a way they normally wouldn’t be able to in real life.

But re-pinning something about a workout we will never do, altering our selfies with four or five different filters, or rating a book on Goodreads that we didn’t actually read isn’t harming anyone, right? Not so fast, Belk asserts that there are potential harms:

“The resulting disinhibition leads many to conclude that they are able to express their “true self” better online than they ever could in face-to-face contexts. This does not mean that there is a fixed ‘true self’ or that the self is anything other than a work in progress, but apparently self-revelation can be therapeutic, at least with the aid of self-reflexive applications.”

Oversharing Can Be Good

Many argue that social media can take the place of a Confessional in our lives — we can truly figure out who we are by revealing our innermost secrets to the general public.  Belk believes that through this we may be expressing our true selves because we are creating ourselves as we post, like, and share:

“It appears that we now do a large amount of our identity work online. For the Internet constantly asks us “Who are You?” “What do you have to share?” Coupled with new self-revealing proclivities, this incites more open self-extension than in a pre-digital world.”

Many view social media as a way to collaborate and receive confirmation of our feelings. Getting likes on a photo on Instagram affirms our skills as a photographer but also of the thing photographed — typically ourselves. A like on Facebook has taken the place of a “ditto” in real life. We are no longer working alone to create our reality, but are forming it from our relationships with people on social media — those we know, and those we don’t know, as is the case with some social media websites like Tumblr.

We also have to take into consideration that perhaps people aren’t oversharing at all — maybe we have just grown sensitive to knowing all of that information all of the time. We share an awful lot as a society, and maybe it is just how accessible that information is.

In fact, as Jen Doll notes at the Wire, “[N]o one gets criticized specifically for undersharing. No one says that word. People just say ‘boring.’”

Conclusion

You can’t just say that people are oversharing without setting a limit for what is the right amount of sharing. We have more capabilities at our fingertips to understand the people in our lives. That same website that allows you to “meet” your roommate’s girlfriend without ever seeing in her person and make a snap judgment on whether or not she’s worthy is the same website where you will have to read details of someone’s food poisoning.

Belk summed it up — we are creating our identities through our oversharing. Maybe not just our identity as singular people, but our identities as a generation.

Resources

Primary

Computers in Human Behavior: Expressing the “True Self” on Facebook

Bankrate: Oversharing on Social Media Can Cost You

Additional

Huffington Post: Oversharing: Why We Do It and How Do We Stop?

Bankrate: Oversharing on Social Media Can Cost You

The New York Times: Don’t Tell Me, I Don’t Want to Know

Atlantic: The Selfish Meme

CNN: When Oversharing Online Can Get You Arrested

Law Street Media: Social Media in the Courtroom: What is Admissible?

The New York Times: Social Media, a Trove of Clues and Confessions

Wire: In Defense of Oversharing a Little Too Much Information

Huffington Post: Are You Oversharing on Social Media?

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Social Media Oversharing: Why Do We Do It? appeared first on Law Street.

Sign into your Facebook or Twitter at any time and you will see YouTube video after YouTube Video that promotes some sort of political message — from feminist videos about reclaiming our bodies to videos from those in support of the Second Amendment. These videos are increasingly effective and everyone is capitalizing on the immense word-of-mouth profitability that can come from a simple “like” or “share” on Facebook, Twitter, YouTube, or Tumblr.

What used to be a playground for grassroots campaigns is now a major part of marketing for non-profits, politicians, and everyone in between. Still, the question remains – are they working? Are we going too far? Is this the future of marketing for everything?

Why YouTube?

YouTube is the major platform for these videos, and they then go through other social media blogs and eventually end up on your phone, tablet, or laptop, where you no doubt see it from your aunts, friends, or professors.

According to the Kissmetrics Marketing Blog, more than 700 hundred videos are shared every minute on Twitter alone. Sure, a great deal of those are cat videos, cover performances, or someone dancing – but many of them are also videos that have the intent to promote social change.

Hunter Walk, YouTube’s Director of Product Management, spoke with Forbes magazine to explain the YouTube for Good team, an initiative formed nearly three years ago to make the video-sharing site more useful to activists, educators, and nonprofits, along with the ways in which the site, popular vloggers, and others can change popular public perception about YouTube from an entertainment source to an important resource in social change.

“We want YouTube to be a platform where advocacy, education and free expression live,” Walk told reporter Rahim Kanani. “Rather than have a small group of employees dedicated to philanthropy or social innovation, we want employees to think about building ‘good’ into everything we do, like making sure a new product designed for an individual user also works well for a nonprofit.”

YouTube reaches a massive number of people from ages in all areas of the country through the website itself and the subsequent social media shares. The videos seem to have a larger impact on creating actionable feelings — or instilling the thought that someone must donate, sign a petition, share the content, change their behaviors, and/or talk to politicians among other actions — than other forms of online marketing, articles, banners, ads, or hashtags.

FCKH8

Some of the most infamous social change videos come from the FCKH8 company. Its brand of social change is vulgar, in your face, and somewhat controversial. While the apparel company started with tackling homophobia, it has since gone toe-to-toe with racism and sexism. Its most recent video takes aim at the pay gap, sexual abuse, and gender roles – all things that need to be discussed. However, the way it tackled the subject — using young girls dressed as princesses engaged in f-bomb filled rants — has caused some to question whether these subjects are as damaging to their minds as the topic at hand. For sure, this isn’t a video for everyone:

“What’s more offensive?” FCKH8 asks. “A little girl saying f***, or the sexist way society treats girls and women?” But many people are asking: What’s more offensive: The way society treats women, or children dropping f-bombs according to a script, written by adults to sell T-shirts?

Karin Agnes at Time blasts the video, saying: “The problem is that this FCKH8 effort isn’t an outlier in feminism in America today. Comedian Sarah Silverman starred in a video as a woman who decided to get a sex change operation because she would supposedly get paid more as a man. What? This was an effort to raise money for the National Women’s Law Center, which ‘has worked for 40 years to expand, protect, and promote opportunity and advancement for women and girls at every stage of their lives—from education to employment to retirement security, and everything in between.’ Maybe this silly ad helped them raise money, but wouldn’t a serious attempt have been better for women?”

Online news source Sp!ked takes aim at the adults behind the video, asserting that “this just isn’t the way adults are supposed to act.” According to Jezebel, this isn’t the company’s first time in hot water — it recently went through a similar fight when it took on the topic of Ferguson in a “Hey White People!” video.

Laci Green

Sometimes it isn’t a company or a political group that is trying to incite social change, but rather a single person trying to change minds one at a time. Laci Green is a popular vlogger who talks about it all: equality, feminism, sex, consent, relationships, to name only a few topics. While the production value isn’t high and the set designs aren’t immense (in fact, the videos are usually filmed in her apartment), her words cut deeper, ring truer, and stay longer because of it – she truly seems like “one of us.”

Green has a frank style – she is going to tell you what she thinks, she’s going to back it up with facts, and she’s going to take you on headfirst if she feels like she needs to. Green was one of the major YouTubers who stood up for the victims of fellow YouTuber Sam Pepper who was accused of various cases of sexual harassment. But instead of just using it as a way to get viewers, she used it as a learning moment for her viewers and another way to discuss consent, feminism, and personal rights.

Green is a fan favorite of more than 1,000,000 subscribers. Her Sex+ channel started small, but has made an impact that runs deep through the community and with her fans. She may not scream as loud or offend as many along the way, but her steps toward social change are precisely calculated, never flinching, and growing stronger.

It Gets Better

One of the most widespread campaigns on YouTube has been the It Gets Better Project, the mission of which is to communicate to LGBTQ youth around the world that the future will get better, and that they need to band together to inspire those changes needed so that the world will get increasingly better.

From the It Gets Better Website:

“The It Gets Better Project has become a worldwide movement, inspiring more than 50,000 user-created videos viewed more than 50 million times. To date, the project has received submissions from celebrities, organizations, activists, politicians and media personalities, including President Barack Obama, Secretary of State Hillary Clinton, Rep. Nancy Pelosi, Adam Lambert, Anne Hathaway, Colin Farrell, Matthew Morrison of “Glee”, Joe Jonas, Joel Madden, Ke$ha, Sarah Silverman, Tim Gunn, Ellen DeGeneres, Suze Orman, the staffs of The Gap, Google, Facebook, Pixar, the Broadway community, and many more. For us, every video changes a life. It doesn’t matter who makes it.”

The channel also has many fan-made entries of “real” people who have overcome issues and gone on to live happy, full lives. One extremely touching video comes from Google, where Woody from “Toy Story” tells us, “You’ll be fine, Partner.” For many, it was a Kleenex-inducing moment, but for others, it seemed too much.

One man told the Christian Post that “he was surprised and disappointed that they would use a children’s character for the project,” citing that “endorsing something that at this point children have no need to know about, it’s disappointing.”

Speaking Out Against YouTube Videos

Shortly after the FCKH8 video featuring young girls swearing debuted, it was taken down by YouTube because it violated the company’s terms and conditions. Though it was quickly reinstated, the question remains: how far is too far? With many videos never receiving more than a handful of reviews, it takes more than luck to get attention. There is even a Tumblr dedicated to stopping the company: StopFCKH8.tumblr.com, which makes multiple assertions as to why the company is “bad” for the people it is supposed to represent.

There is also a portion of the population that lives to “troll” or attack the comments, subscribers, and actual performers of these videos. Laci Green recently had an altercation with a man on Twitter in which she was called “sensitive.” The same happens in some of the comments of her videos, people coming in to personally attack both Laci and the people who comment on her videos. The comments section of anything on the internet can attract negativity, but these videos seem to draw even more people in — so what can we do? For certain, young girls, for example, having their beliefs used against them can have negative results. Still, it doesn’t make sense for uploaders to have to continually monitor comments on hundreds of videos; nor does it make sense to not have a comments section at all.

Do the negatives outweigh the positives?

Speak Out for YouTube Videos

YouTube has the undeniable power to unite forces, especially younger audiences, and the shift toward using that power for good is promising. According to Media for Social Change, “Now that YouTube Channels are slowly taking the place of the television channel, it’s become more easy than ever before for changemakers like us to put our message in front of more people. No need to woo the gatekeepers, or pay thousands of dollars in advertising dollars. No need to compete with the big boys with big resources for airtime that’s limited.” By using the platform as a source of both entertainment and inspiration, and sometimes blurring the lines between the two, YouTubers are on the cusp of a social revolution.

The responses from the various projects have been nothing short of remarkable. The It Gets Better Project has grown from a buzzworthy series of videos into an inspirational mantra for youth. They are taking famous faces and connecting them to the change, sharing the positives and the negatives, no longer hiding behind fake smiles and gimmicky stories. Laci Green has become a strong backbone for many — including young people who reach out to her for advice, support, and a shoulder to cry on.

Conclusion

In addition to the videos mentioned, there are thousands of others produced to promote social change. Many of them are not as popular as the ones that have gone viral. Many of the ones that have gone viral have done so not for the best of reasons; instead of the message being celebrated, they are reviled for the content or mocked mercilessly in parody videos.

So is there a limit to what we can do on YouTube, or should we continue pushing through the censorship and keep creating content that is available at the click of a button?

Resources

Shareable: 10 Viral Videos for Social Change – Sharable

The Point with Ana Kasparian: Can Social Media Drive Social Change?

Media for Social Change: Changemakers

Kissmetrics: The 2013 YouTube Marketing Guide

Spiked Online: The Fairytale Feminism of FCKH8

Jezebel: Little Girls Cussing For Feminism Would Be Great if it Weren’t an Ad 

It Gets Better: About the Project

Guardian: Sarah Silverman Sparks Row With ‘Sex Change’ Equal Pay Video

Stop FCKH8: FCKH8 Needs to Stop

Media for Social Change: 5 Top YouTube Channels Doing Good

Forbes: Why YouTube is the Ultimate Platform for Global Social Change

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post YouTube for Social Change: Can Improving the World go Viral? appeared first on Law Street.

With the success of recent television shows like ABC’s “How to Get Away with Murder” and “Black-ish,” many in the industry are starting to reevaluate their positions on race in television. The “old guard” of television often said that the American people wouldn’t watch a television show that heavily featured characters who weren’t white — often relegating anyone who doesn’t fit into that box to a life of being the sidekick, or worse yet, losing all sense of identity and being whitewashed.

Characters on television shows need to be interesting, developed, and sympathetic. The diversity of a character does not only fall in ethnic background, but it is certainly a way to give that character a deeper history. Still — as someone who regularly watches television it is clear that on-screen diversity on screen is growing, especially when you consider shows like “Scandal”, “Glee”, “Grey’s Anatomy,” and “Orange is the New Black”. It is pretty much expected now for a show to have one character who doesn’t fall into the cis-gendered straight white category.

And we are noticing — think back to all of the press and negative coverage that “Girls” received (and still receives) because of its lack of ethnic diversity. But “Girls” is just one in a long line of history.

Still, one must consider some of the most popular television shows in the last two decades. These shows, the ones that get the push from the individual stations and the media, are still white. “Seinfeld,” “Friends,” “Will & Grace,” “How I Met Your Mother,” and “Sex and the City” were all the most popular shows when they were airing, and they all featured white friends in New York City.

But why is this still happening when, according to Nielsen, white people don’t even make up the majority of the viewing audience?

“It’s not only that the African-American audience watches more TV, but it’s substantially more — two hours over other groups,” Ron Simon, head curator at the Paley Center for Media, told theGrio in an interview. “It’s known in the industry, but it certainly hasn’t gotten the attention I think that it deserves.”

Race and Watching Habits

Race is a social construct — that is the first thing we need to realize if we are going to discuss race at all. It is a way to categorize people into neat groups.

Except those groups aren’t so neat anymore.

Here are some pretty startling statistics about race and television in the United States:

This is a problem. When you look at the statistics, stations like Mundo, which focuses on the Latino community, or BET, which focuses on the black community, sometimes overtake shows on mainstream networks that are fledgling. According to the report, African Americans watch 37 percent more television than other demographics, which means that they are watching shows that don’t always represent them in the best light. Or worse — they are watching shows that don’t represent them at all.

Whitewashing

Whitewashing happens when an actor or actress is completely stripped of his or her ethnic qualities and either declared or assumed white by the writers and viewers of the show. Whitewashing is a dangerous happenstance because it not only eliminates the ethnic identity of the actors, but it also impacts the fans of the show. As we become more and more connected to our television shows through social media, and we know more and more about the actors, it seems harmful to completely remove their cultures. However, what about the people who don’t follow the actors and know their backstories — they simply never realize that they are watching someone who isn’t just white.

“Vaguely Eurasian”

One of the better shows on television when it comes to portraying diversity is Fox’s “Glee.” The show has been groundbreaking (though sometimes problematic) in giving light to all different types of characters. There’s no doubt that Kurt Hummel will go down as one of the revolutionary LGBT characters on television. But what about his boyfriend? Darren Criss, the actor who plays Blaine Anderson, is half Irish from his father and Filipino from his mother. Early in his tenure on the show, he is referred to as “Vaguely-Eurasian” by another character. Vaguely-Eurasian. It seems like a slap in the face because Darren Criss is clearly part Filipino. He has almond eyes with extravagant lashes, medium gold toned skin, and thick black curls. Many just assumed his character had the same history that he did.

Until the next season, when they cast Matt Bomer as his brother. Matt Bomer is a fantastic actor, but he is English mixed with Welsh, Scottish, and German. Now this wouldn’t be a problem if the show had given context for his family, but they haven’t. One cannot assume that there was a remarriage or they are step brothers. They are called brothers in canon, so that is what the viewer must take them to be. Could it possibly be that Fox didn’t want to push the boundaries by showing a couple that was gay AND two different races? Not so fast — another couple on the show, Brittany and Santana, fit that bill. So why whitewash Blaine Anderson? Is it because Darren Criss could pass as white? Is it because Darren Criss is the heartthrob of the show, and the heartthrob couldn’t possibly be anything other than white? Is it a push from Fox? Or are they not whitewashing him, just not talking about it? Glee isn’t the only show that does it, and it isn’t always a problem. But there is the question: why did they choose to whitewash him on a show where diversity is celebrated?

Awards and the Changing Times

The Emmy Awards are always a point of contention for viewers of television shows. The same complaints always arise during nominations — “why wasn’t [insert name here] nominated?” or, “Wow! [insert name here] was snubbed!”

One of the biggest snubs of the 2014 Emmys was of sitcom actress Mindy Kaling.

Kaling was a surefire nomination for her show “The Mindy Project” because she had been tapped to announce the nominees. When it came time to announce the category she was supposed to be nominated in, her name was nowhere to be found.

Is this a case of racism on television, or were there just more worthy nominees?

While we can’t get into the mind of the voters it is important to note that there has been only one non-white woman who has won an Emmy for acting in a leading comedic role: America Ferrera as Ugly Betty.

In fact, 2013 was the first time ever an African American woman won an Emmy for Best Actress in a Drama: Kerry Washington for “Scandal.”

Why don’t we have more diversity on TV?

Could the lack of diversity on television be caused by a lack of diversity among its writers? That is certainly a possibility. Shonda Rhimes is one of the only black female writers to get a television show of her own, and she now has three: “Grey’s Anatomy”, “Scandal,” and “How to Get Away With Murder” – all of which have strong, diverse characters.

So what are we to do to encourage more representation on television? Part of it is up to the viewer: demand it. Don’t watch shows that feature people of color in supporting roles that are degrading. Tweet about it to the companies, the actors, and the writers. Support shows that do provide a realistic depiction of diversity.

We need to also encourage more children of color to go into the arts, whether it be acting, writing, or directing.

The steps aren’t going to happen overnight, sadly, and the momentum is shifting — we just need to continue pushing.

Resources

Primary 

Critical Media Project

Center for Media Literacy: Does TV Shape Ethnic Images?

Additional

Salon: Whitewashed TV Isn’t Just Racist. It’s Boring! 

The New York Times: Minorities in Movies and Television

Grio: Nielsen Report Confirms Blacks Watch More TV Than Any Other Group

Hollywood Reporter: The Emmy’s Rocky Race Relations

Lee & Low Books: Where’s the Diversity? A Look at the Emmy Awards and TV 

San Jose Mercury News: Fall TV 2014: Diversity, is all the Rage–Finally

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

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