FAQ

First Amendment Center (5)

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The Freedom Forum Institute’s First Amendment Center does not provide legal representation and does not fund litigation. We’re a nonprofit organization focused on education and information about First Amendment issues.

No, you need a qualified attorney for that. Laws differ from state to state. Martindale, Findlaw and other online legal services offer ways to find lawyers by specialty where you live. However, the information posted on our site may help you and your attorney. Use the search engine for topics or terms that interest you.

No. We are an educational organization. We provide information and sometimes expert testimony that members of Congress or others may find useful, but we do not lobby.

Our website has a wealth of information that may be useful in your project. Search the site for your topic and other terms that interest you. If you quote or paraphrase our information, be sure to cite where you obtained it.

Yes, as schedules and duties permit, Freedom Forum Institute’s First Amendment Center experts speak to groups and conferences or participates in programs. Generally, the inviting group must fund travel-related expenses for the First Amendment Center participant. The Center welcomes invitations to participate in nonpartisan, educational events about First Amendment issues.

Free Spirit (11)

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The Close Up Foundation, which has been bringing high school students to Washington, D.C., for 30 years, will handle travel logistics. The foundation also will provide supervision and oversight of participants.

No. All scholars are required to participate in the entire conference. This is an inspiring opportunity to interact with distinguished journalists, visit newsrooms, tour Washington and share experiences with other Free Spirit Scholars.

Applicants must be U.S. citizens or permanent residents.

The deadline is Feb. 1, 2019. Applications must include the completed application, journalistic work, two essays, letters of reference, a high school transcript, and a color headshot photo. Incomplete applications will not be accepted.

Applications may be accepted beyond the deadline from select states that have an insufficient number of qualified applicants.

No. Applicants are not required to list SAT or ACT scores, because juniors typically don’t take the exams until spring. However, scores should be supplied if they are available.

Freedom of Speech (73)

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It depends on the court and the context. If the student’s speech is deemed to be school-sponsored or endorsed by the school, the student prayer would violate the establishment clause. Some courts have determined that purely student-initiated speech would not run afoul of the establishment clause.

Two federal appeals court decisions show how the courts are divided on this issue.

In October 2000, the 9th U.S. Circuit Court of Appeals rejected a First Amendment challenge brought by students in California who were denied the right to make a religious speech at graduation. The court determined that school district officials reasonably prevented the student’s religious speech to avoid violating the establishment clause. Additionally, in Cole v. Oroville Union High School, the court determined that even “if the graduation ceremony was a public or limited public forum, the District’s refusal to allow the students to deliver a sectarian speech or prayer as part of the graduation was necessary to avoid violating the Establishment Clause.”

However, in May 2001, the 11th U.S. Circuit Court of Appeals refused to strike down a Florida school district policy allowing an elected student to deliver an unrestricted message at graduation. The court in Adler v. Duval County School Board determined that “it is impossible to say that … [the policy] on its face violates the Establishment Clause without effectively banning all religious speech at school graduations, no matter how private the message or how divorced the content of the message may be from any state review, let alone censorship.”

 

Yes and no. Public universities may not completely prevent students from independently printing and distributing written materials on their campus, but they may impose reasonable time, place, and manner restrictions on their distribution. For example, a school may establish certain places on campus as the proper locations for those wishing to pass out written materials, or they may prohibit distribution at times where it could reasonably block the passage of students to and from classes. But the open spaces of a college campus are generally presumed to be an open forum for the purpose of student expression, including written expression.

No, not conclusively. One scholar who analyzed about 200 recent studies of media violence said none provided support for the existence of a cause-and-effect relationship between violent imagery and actual violence. Japanese and Canadian TV programming is more violent than American TV, but those societies have much lower violent-crime rates than the United States.

The Federal Election Commission in 1979 issued a regulation allowing political parties to raise funds for “party-building” efforts — such as voter registration drives and TV advertising. This “soft money” remains outside the normal rules that require reporting the source and amount of donations. It was originally justified as a way for parties to remain viable as entities separate from their candidates. But over the years, soft-money donations from corporations and unions — otherwise barred from making donations — to political parties have skyrocketed. And the national parties have transferred much of the money to state party accounts that are used to influence specific elections. The growth of soft money was seen by reformers as thwarting the purpose of all campaign-finance regulations.

No, the First Amendment does not limit private employers. The Bill of Rights — and the First Amendment — limit only government actors, not private actors. This means that private employers can restrict employee speech in the workplace without running afoul of the First Amendment. Private employees would have to rely on other sources of law (e.g., contract law, tort law or state employment statutes) to seek relief in court.

Public employers also can set rules for employee behavior in the workplace. However, public employers are government actors and are subject to the limitations of the Bill of Rights, including the First Amendment.

 

Public school students possess a range of free-expression rights under the First Amendment. Students can speak, write articles, assemble to form groups and even petition school officials on issues. The U.S. Supreme Court has said that students “do not shed their constitutional rights to freedom of speech and expression at the schoolhouse gate.”

There is a fundamental distinction between public and private school students under the First Amendment. The First Amendment and the other provisions of the Bill of Rights limit the government from infringing on an individual’s rights. Public school officials act as part of the government and are called state actors. As such, they must act according to the principles in the Bill of Rights. Private schools, however, aren’t arms of the government. Therefore, the First Amendment does not provide protection for students at private schools.

Though public school students do possess First Amendment freedoms, the courts allow school officials to regulate certain types of student expression. For example, school officials may prohibit speech that substantially disrupts the school environment or that invades the rights of others. Many courts have held that school officials can restrict student speech that is lewd.

Many state constitutions contain provisions safeguarding free expression. Some state Supreme Courts have interpreted their constitutions to provide greater protection than the federal Constitution. In addition, a few states have adopted laws providing greater protection for freedom of speech.

Freedom of the Press (39)

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Many different types of conduct can cause someone to file an intrusion/invasion-of-privacy lawsuit. Common examples include trespassing on private property without the owner’s consent; installing hidden cameras or other secret surveillance equipment to monitor someone’s behavior; and harassing a person by continually following him.

An example of conduct that was held to be intrusive enough to warrant judicial relief was the case of paparazzi photographer Ron Galella. Galella was relentless in his pursuit of photographs of Jackie Onassis and her children. After a court injunction and appeal, Galella was prohibited from approaching within 25 feet of Jackie O., blocking her movement in any public place and engaging in “any conduct which would reasonably be foreseen to harass, alarm or frighten the defendant.”

The First Amendment provides only the minimum level of constitutional protection. The states are free to provide additional protection under their own state laws, including their state constitutions. This notion of “dual federalism,” envisioned by the Framers, thus provides citizens and others with two important levels of legal protection by which to safeguard our rights.

A prior restraint is a legal restraint on material before publication. It’s an order that prevents publication.

In criminal libel, the theory is that the damage is to the public rather than to a private individual. Therefore, the state becomes the prosecuting entity against an individual speaker. Presumably, the individual’s libelous statement would have to be deemed serious enough to warrant removing the case from the civil realm. The defamation involved in criminal libel could be of another individual, a public official, a government entity, a group, or even a deceased person.

In theory, the protection against prior restraint applies to all speakers. Practically, however, fewer circumstances exist in which individuals can assert this protection. Moreover, in light of the balancing test suggested in Landmark Communications, a court might be more likely to find that the government’s interest in preventing harmful speech outweighs an individual’s interest in disseminating sensitive information.

No. In Sullivan (1964), as well as in Garrison v. Louisiana the same year, the Supreme Court extended some First Amendment protection to some false statements of fact leveled against public officials and public figures. But it did not find criminal libel unconstitutional.

Freedom of Religion (89)

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Selecting a Bible for use in literature, history or elective Bible courses is important, since there is no single Bible. There is a Jewish Bible (the Hebrew Scriptures, or Tanakh), and there are various Christian Bibles — such as Catholic, Protestant and Orthodox — some with additional books, arranged in a different order. These differences are significant. For example, Judaism does not include the Christian New Testament in its Bible, and the Catholic Old Testament has 46 books, while the Protestant has 39. There are also various English translations within each of these traditions.

To adopt any particular Bible — or translation — is likely to suggest to students that it is normative, the best Bible. One solution is to use a biblical sourcebook that includes the key texts of each of the major Bibles or an anthology of various translations.

At the outset and at crucial points in the course, teachers should remind students about the differences between the various Bibles and discuss some of the major views concerning authorship and compilation of the books of the Bible. Students should also understand the differences in translations, read from several translations, and reflect on the significance of these differences for the various traditions.

The Supreme Court has declined to address this issue, though the lower courts strongly favor the constitutionality of such holidays. The 9th Circuit in 1991 upheld legislation making Good Friday a state holiday in Cammack v. Waihee, reasoning that the absence of a major traditional holiday in the spring created a state interest in decreeing one, and that it made sense for the legislature to select a day that would already be used by the majority of citizens as a holiday. This decision set the stage for the 4th and 6th Circuits to issue similar rulings. The 7th Circuit disagreed in Metzl v. Leininger (1994), holding that because Good Friday is an exclusively Christian holiday that has in no way been secularized, as have Christmas and Easter, its elevation to the status of a state holiday was unconstitutional, because it sent a message of endorsement to the public, even if the practical result was neither to advance nor inhibit religion. The holding in Metzl did allow for a finding of constitutionality, however, if the legislature would merely make the effort to advance a secular reasoning for the case.

They may engage in lobbying activities as long as the lobbying does not form a “substantial part” of their activities. According to the IRS, lobbying is “attempting to influence legislation” and “an organization will be regarded as attempting to influence legislation if it contacts, or urges the public to contact, members or employees of a legislative body for the purpose of proposing, supporting, or opposing legislation, or if the organization advocates the adoption or rejection of legislation.” The IRS says it “considers a variety of factors, including the time devoted (by both compensated and volunteer workers) and the expenditures devoted by the organization to the activity, when determining whether the lobbying activity is substantial.” According to the courts, devoting 5% of an organization’s time and effort to political activity is not considered substantial within the meaning of the IRS Code. See Seasongood v. Commissioner.

Given the importance and influence of religion, public schools should include study about religion in some depth on the secondary level. As already suggested, such study may include study about the Bible, where appropriate, in history and literature courses as well as in elective courses that deal with the Bible.

However, a course that includes study about the Bible and its influence will not educate students about religion generally. Just as there is more to history than American history, so there is more to religion than the Bible, Judaism and Christianity.

Public schools should also include study about other religious faiths in the core curriculum and offer electives in world religions. Because religion plays a significant role in history and society, study about religion is essential to understanding both the nation and the world. Moreover, knowledge of the roles of religion in the past and present promotes crosscultural understanding in our increasingly diverse society.

Some school districts require that high schools offering a Bible elective also offer an elective in world religions. There is considerable merit in this approach. This gives students an opportunity to learn about a variety of religions and conveys to students from faiths other than the biblical traditions that their religions are also worthy of study. It is important for public schools to convey the message that the curriculum is designed to offer a good education, and not to prefer any religious faith or group.

Yes. Where the state determines that a day of rest would be desirable in some kinds of businesses and not in others, they are permitted to restrict only those that they deem to be necessary. Likewise, the state may decide to forbid or limit the sale of certain items (such as alcohol) on any given day, so long as the decision is justified by some secular purpose instead of a religious one. In a 1999 decision, Harris County, Texas v. CarMax Auto Superstores, Inc., the 5th U.S. Circuit Court of Appeals upheld a Texas law that forbade car dealerships from being open on consecutive Saturdays and Sundays. Effectively this forced the business owners to choose one day or the other as a day of rest for their employees, though it did not dictate any particular preference as to which one should be adopted. The court denied that the law unfairly discriminated against car dealers or established any sort of preference for religion as opposed to no religion.

No, all states include a medical exemption in their vaccination policy, and almost half of the states offer philosophical exemptions in addition to their medical and religious accommodations.

Freedom of Assembly (13)

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Groups that wish to engage in public activism must abide by generally applicable laws, such as criminal trespass or prohibitions on litter, excess noise, crowd congestion and permit requirements. If the government seeks to intervene in the internal affairs of a group in a way that impairs its advocacy, the regulation must be narrowly tailored to serve a compelling state interest that outweighs any burden on the group’s speech.

This freedom protects the right of people to meet and publicly support a cause or message. It also protects the right of people not to be affiliated with certain messages or ideas. For example, the government cannot force expressive associations to accept unwanted members who would impair the effectiveness of the group. Nor can the government force people to support undesirable causes through required fees or dues as part of belonging to a group.

The movement drew upon several First Amendment freedoms — primarily speech, assembly and petition — to protest racial injustice and promote racial equality. In addition, the U.S. Supreme Court strengthened these First Amendment freedoms through its rulings in court cases arising out of the civil rights movement.

In some cases, anti-abortion demonstrators physically obstruct and/or intimidate those entering and exiting abortion clinics. Legislatures and judges create and permit buffer zones to ensure that people can work safely at the clinics and that women have access to them.

Generally, no. The Bill of Rights provides protection for individual liberty from actions by government officials. This is called the state-action doctrine. Private property is not government-owned. Restrictions on individuals’ free-speech rights on private property do not involve state action.

However, a few states have interpreted their own state constitutions to provide even greater free-speech protection than the federal Constitution offers. For example, the New Jersey Supreme Court has ruled that individuals have free-speech rights at privately owned shopping malls. Most state supreme courts that have examined the issue have disagreed. In April 2002, the Iowa Supreme Court refused to extend its definition of public property to include large, privately owned shopping malls.

A 2010 case, Snyder v. Phelps, involved whether a verdict assessing damages against the Westboro Baptist Church for a protest causing emotional distress to a soldier’s family violates the First Amendment.

In a somewhat related case, the Court in Frisby v. Schultz (1988) upheld a Wisconsin city ordinance banning picketing in front of private residences. “The type of picketers banned by the Brookfield ordinance generally do not seek to disseminate a message to the general public, but to intrude upon the targeted resident, and to do so in an especially offensive way,” Justice Sandra Day O’Connor wrote for the Court. The Court has also decided a series of cases involving limitations on abortion protesters outside clinics. For example, in Hill v. Colorado (2001), a divided Court (6-3) upheld a Colorado law that imposed an 8-foot floating buffer zone between protesters and those entering and leaving abortion facilities.

 

Freedom to Petition (9)

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Historically, a petition was a written request stating a grievance and requesting relief from a ruling authority such as a king. In modern America, petitioning embraces a range of expressive activities designed to influence public officials through legal, nonviolent means.

The right to petition reaches back at least to the Magna Carta in 1215. The English Declaration of Rights in 1689 confirmed that subjects were entitled to petition the king without fear of prosecution.

Courts seldom address the petition clause in isolation, instead grouping it with other rights to free association and collective speech. The U.S. Supreme Court has noted that the right to petition at least provides the opportunity to institute nonfrivolous lawsuits and mobilize popular support to change existing laws in a peaceful manner.

No. The U.S. Supreme Court has incorporated the petition clause of the First Amendment as part of the 14th Amendment’s guarantees against the states. The petition clause applies equally to state and local governments and protects petitions directed to the judicial, executive and legislative branches.

The First Amendment does not mandate that the government consider the public’s petitions or actually provide any “redress.” At a minimum, the government must have a mechanism for receiving complaints and grievances from the public, even if only to file them without consideration. Of course, due process — the guarantee that justice will be administered fairly — would apply if a citizen’s “petition” took the form of a court case.

No, parties can attempt to file such suits, but the First Amendment’s petition clause guarantees the right of all interested parties to attempt to enlist the government on their side of an issue or dispute. The vast majority of the case law and commentary — both popular and scholarly — supports that right, and suggests that the remedy for dissatisfaction with the statements of another party is more speech directed toward government, not more litigation.

Students (4)

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It depends. If you attend a private school, the First Amendment will not protect you from any restrictions your school places on your right to protest. (The First Amendment prevents the government from punishing you for your speech. It doesn’t prevent a private organization for punishing you for your speech.)

If you attend a public school, you do have First Amendment rights, even at school. However, your rights are more limited than the rights of adults. Your school can punish you for taking part in a protest if it causes substantial disruption of school activities, or if it invades the rights of others.

This standard was established by the Supreme Court in a case called Tinker v. Des Moines Independent Community School District. The students in that case wore black armbands to school to protest the Vietnam War, and were suspended for refusing to take them off. The Supreme Court found that their First Amendment rights had been violated, because the armbands were considered a non-disruptive expression of their political point of view.

You may decide that you are willing to incur those penalties, but remember to consider alternative methods of advocacy and protest as well.  Sometimes civil disobedience–challenging the rules on matters of conscience and policy–is justifiable.  But sometimes there are several different ways to achieve the same goal.

This is may be a fire code violation–contact the proper authorities if you are concerned.

You may not be able to vote–but you have the First Amendment rights to speak, assemble, and petition.

Organizing marches and rallies can raise public awareness for your cause. Doing so off-campus and outside of school hours will be protected by the First Amendment.  Reach out and collaborate with as many people as possible–parents, teachers, school administrators, and members of your community–in order to have the greatest possible impact.

The right to petition means the right to ask for the laws that you want and speak out against the ones that you don’t want.  Contact your elected officials and tell them what you think.   Letters, phone calls, and personal interactions at town hall meetings have more of an impact than emails and tweets.  Contact your Senators and members of Congress, since they’re elected to serve you.  Don’t forget that state and local officials also make laws that impact you.  The My Reps website allows you to find and contact your federal, state, county, and local elected officials.  This guide by  former Congressional staffer Emily Ellsworth contains some very helpful tips on what you should say and do.

Parents (1)

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First, you may want to reach out to the school administrators and/or the school board and make your own voice heard on how you feel about this policy.

In giving advice or instructions to your children, you should consider the potential penalties but also discuss the underlying issues behind the walk-out.  You may wish to help your child with alternative forms of activism–for instance, by contacting your legislators on their behalf.  (After all, you have a vote.)

This could also be an opportunity to work collectively with other parents and your school leaders to organize a community discussion about the political issues, and also the on the the larger civic lessons surrounding free speech, protest, and representative democracy.

Teachers (1)

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If you’re caught between students motivated to join in protests, marches or other kinds of activities that are under the general heading of “free expression” [that is actual speech or expressive conduct] and your administration’s view of such actions as disruptive and therefore prohibited, perhaps you can strike a compromise between these groups  – a task that teachers’ lounge chatter daily confirms. How about leading your students in discussion about the history of protest in America, or the explore the various sides of what Supreme Court justices wrote in the “Tinker” court case.

While the 7-2 majority on the court supported student free speech rights – with some caveats – one justice wrote that the decision would usher in an entirely new era of “permissiveness” that it seems would wreck American public schools. To engage your students in a discussion, you can find review the basic information about the case and use this discussion guide from Newseum Education.

School Administrators (1)

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You first face the decision of whether to forbid the walk-out at all or to simply deal with the disruption caused by a walk-out.  (This decision might depend on whether you are considering the disruption caused by a 17-minute walkout versus that of an all-day walkout).  You then face the decision of whether or not to punish the participants.  Note that a punishment must be proportional to the misconduct committed.  Furthermore, if you decide to mark truant the students who participate in a walk-out, keep in mind that the punishment for them cannot be any more severe than the punishment for students who are truant for another reason.

Simply locking students into their classrooms in order to keep them from leaving may well be a fire code violation. Such a “lockdown” lacks the urgent “true threat” justification that a court might accept with regard to an active, dangerous incident in your building or near your location.

You should also consider that there may be another approach altogether. Given that we live in an age where there is much concern that young people don’t understand the Constitution or support free speech, punishing them for exercising it, even if the even if the Tinker decision gives school administrators that discretion, seems counterproductive. In the words of law professor Erwin Chemerinsky, “Schools cannot teach the importance of the First Amendment and simultaneously not follow it.”

This could be a teaching moment for your students and your community.  In cooperation with students, parents, and teachers, you may wish to organize a town hall meeting in which all sides surrounding the political issue or debate are head.  Newseum Ed’s Teaching Controversial Topics instruction guide provides tools and tips for educators on leading classroom conversations about sensitive topics.  

You can also use this as an opportunity to educate your students about how the First Amendment works and how far their rights extend.  You can start by introducing students to what the limits of free speech are, both inside of school and out of it, with discussion materials from Newseum Ed about what counts as a violation of the First Amendment and what you can and can’t say in school.

 

 

 

 

Lawyers (8)

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The other part of the Tinker test is sometimes called the “invasion of the rights” prong or “invasion of the rights of others” test.   The Court in Tinker explained that student speech is not protected by the First Amendment if it impinges on the rights of other students.  The Court has not explained the contours of this test.

However, lower courts have applied this test to prohibit student speech that sexually harasses other students or to student speech containing anti-gay themes.  For example, the 9th Circuit ruled in Harper v. Poway Unified School District (2006) that school officials could prohibit a student from wearing t-shirts containing Biblical verses condemning homosexuality. The appeals court explained: “Speech that attacks high school students who are members of minority groups that have historically been oppressed, subjected to verbal and physical abuse, and made to feel inferior, serves to injure and intimidate them, as well as to damage their sense of security and interfere with their opportunity to learn.”

Absolutely not.  U.S. District Court Judge Rodney Sippel expressed this well years ago in Beussink v. Woodland IV School District (E.D. Mo. 1998), writing “Disliking or being upset by the content of a student’s speech is not an acceptable justification for limiting student speech under Tinker.

In a case out of Tennessee, Giles County public school officials contended that a t-shirt with pro-gay and lesbian themes would be disruptive to the school. A review federal district court judge disagreed in Young v. Giles County (M.D. Tenn. 2015), writing that “[m]erely invoking the word ‘disruption’ falls far short of the showing that Tinker requires.”

No. The Court in Tinker declared that “undifferitienated fear or apprehension of disturbance is not enough to over the right to freedom of expression.”   School officials must have some evidence or a reasoned judgment that speech will cause problems before they engage in blanket censorship.

The Supreme Court in Tinker developed a test for evaluating whether school officials can censor student expression without violating the First Amendment.   The test is known as the “substantial disruption” test.  Under this test, school officials may prohibit student speech if they can reasonably forecast that the student speech will cause a material interference or substantial disruption of school activities or invade the rights of others.

Yes, students do possess First Amendment rights at school.   The U.S. Supreme Court famously wrote in Tinker v. Des Moines Independent Community School District (1969) that students “do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”  However, the Court cautioned that students’ rights must be considered “in light of the special characteristics of the school environment.”

That is an excellent question.  The determination of what constitutes a “substantial disruption” is decided on a case-by-case basis.  The interruption of classes, threats to teachers, racially harassing conduct and significant race-based tension, fights or violent behavior on school grounds, the flooding of angry calls from parents, the canceling of school events, and emotional distress suffered by teachers have all been considered substantial disruptions within the meaning of the Tinker standard.

Workplace Integrity Curriculum (7)

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It’s the product of both research and experience. I drew on the findings from the Power Shift Summit, EEOC data on harassment and discrimination, research on bias in decision making, contemporary writing on gender and diversity issues, and combined it all with my own experiences working with journalists and leaders who want to improve their cultures.

Let me answer that by providing a peek at the Facilitator’s Guide for the curriculum, where the learning objectives are laid out:

Format: The interactive program consists of three modules, designed to be taught in succession, as one complete event. Each session builds on the others.

Learning objectives: Participants who complete the workshop should be able to take away these skills from each of the modules:

  1. Critical Thinking: How to analyze common workplace exchanges related to harassment, discrimination and incivility — checking facts, providing context, identifying bias, surfacing assumptions and challenging logic.
  2. Courageous Conversations: How to better understand conflict and responses to it. How to speak proactively (introducing subjects) and reactively (responding to the words and actions of others) to ensure workplace integrity.
  3. Cultures of Respect and Trust: How to assess and improve your workplace culture.

I’ve spent a great deal of time helping newsrooms who want their cultures to be more investigative, multi-platform, digital-first, audience-centric, enterprising, collaborative or breaking-news focused. To do that, I developed a very practical analytical framework for assessing a culture, and exercises for staff to use to upgrade it. I built on that foundation to apply it to the Workplace Integrity curriculum. Now, newsroom teams will address “Cultures of Respect and Trust” — with both of those terms carefully defined and translated into daily choices and behaviors. We use a format that allows staff to work together in teams, under the guidance of a skilled facilitator who knows and loves journalism and journalists, and speaks the language of the newsroom.

The issues are complex and intertwined. Even if we magically ended sexual misconduct in workplaces tomorrow, we’d still be left with longstanding issues of inequality in pay and power — and even in respect. The curriculum aims to make these connections and discuss the intersections among gender, race and ethnicity, age, and power. It constantly challenges the participants to try to see every item we discuss from multiple perspectives, especially those different from their own. And, while it teaches people how to respond to improper workplace behavior, there’s an even bigger emphasis on how each of us, but especially leaders, has the opportunity to be proactive. “Courageous Conversations” will fail as a session if all it does is help victims push back or report wrongdoing. What it must also do is help us all find the words to propose solutions, take a stand, and embed the values of workplace integrity into our everyday communication.

The 2016 report of an EEOC task force reviewed research on traditional anti-harassment training and found scant evidence that it worked. It often made people defensive. The videos used could be corny or dated, and online versions of training could come off as a “box-checking” exercise. I know from my many years of teaching ethics and diversity that talking across differences, and raising issues of power and privilege, is hard work for humans. Framing it as compliance to company rules doesn’t set the table for candid, earnest and even painful conversations. But it is in those that we find the human insights that inform our minds and hearts. Whenever I’ve had success in helping organizations improve their cultures, it’s been through setting the table for conversations people wouldn’t otherwise have, and helping them see the world through others’ eyes in an open-minded atmosphere of trust. That’s the goal of the Workplace Integrity curriculum.

One of the most popular sessions I teach in leadership workshops is “Difficult Conversations.” I traditionally have the workshop participants share scenarios from their own experiences, and then I coach them on how to handle them. I’ve heard so many great case studies, and coached so many conversations, that I drew from that experience. The cases are nuanced and real. I intentionally crafted them in second-person voice. “You” are facing various proactive and reactive scenarios: proposing a change in intern onboarding, reacting to a powerful, talented and mercurial co-worker, responding to unwelcome physical contact, stepping in when a person is being harassed, and coaching a coworker who brings a concern to you. When “you” consider your options, we also ask “you” to consider how the case might play out differently for a variety of other “you’s” — who differ from you in multiple ways.

Power Shift Project (0)

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It’s the product of both research and experience. I drew on the findings from the Power Shift Summit, EEOC data on harassment and discrimination, research on bias in decision making, contemporary writing on gender and diversity issues, and combined it all with my own experiences working with journalists and leaders who want to improve their cultures.

Let me answer that by providing a peek at the Facilitator’s Guide for the curriculum, where the learning objectives are laid out:

Format: The interactive program consists of three modules, designed to be taught in succession, as one complete event. Each session builds on the others.

Learning objectives: Participants who complete the workshop should be able to take away these skills from each of the modules:

  1. Critical Thinking: How to analyze common workplace exchanges related to harassment, discrimination and incivility — checking facts, providing context, identifying bias, surfacing assumptions and challenging logic.
  2. Courageous Conversations: How to better understand conflict and responses to it. How to speak proactively (introducing subjects) and reactively (responding to the words and actions of others) to ensure workplace integrity.
  3. Cultures of Respect and Trust: How to assess and improve your workplace culture.

I’ve spent a great deal of time helping newsrooms who want their cultures to be more investigative, multi-platform, digital-first, audience-centric, enterprising, collaborative or breaking-news focused. To do that, I developed a very practical analytical framework for assessing a culture, and exercises for staff to use to upgrade it. I built on that foundation to apply it to the Workplace Integrity curriculum. Now, newsroom teams will address “Cultures of Respect and Trust” — with both of those terms carefully defined and translated into daily choices and behaviors. We use a format that allows staff to work together in teams, under the guidance of a skilled facilitator who knows and loves journalism and journalists, and speaks the language of the newsroom.

The issues are complex and intertwined. Even if we magically ended sexual misconduct in workplaces tomorrow, we’d still be left with longstanding issues of inequality in pay and power — and even in respect. The curriculum aims to make these connections and discuss the intersections among gender, race and ethnicity, age, and power. It constantly challenges the participants to try to see every item we discuss from multiple perspectives, especially those different from their own. And, while it teaches people how to respond to improper workplace behavior, there’s an even bigger emphasis on how each of us, but especially leaders, has the opportunity to be proactive. “Courageous Conversations” will fail as a session if all it does is help victims push back or report wrongdoing. What it must also do is help us all find the words to propose solutions, take a stand, and embed the values of workplace integrity into our everyday communication.

The 2016 report of an EEOC task force reviewed research on traditional anti-harassment training and found scant evidence that it worked. It often made people defensive. The videos used could be corny or dated, and online versions of training could come off as a “box-checking” exercise. I know from my many years of teaching ethics and diversity that talking across differences, and raising issues of power and privilege, is hard work for humans. Framing it as compliance to company rules doesn’t set the table for candid, earnest and even painful conversations. But it is in those that we find the human insights that inform our minds and hearts. Whenever I’ve had success in helping organizations improve their cultures, it’s been through setting the table for conversations people wouldn’t otherwise have, and helping them see the world through others’ eyes in an open-minded atmosphere of trust. That’s the goal of the Workplace Integrity curriculum.

One of the most popular sessions I teach in leadership workshops is “Difficult Conversations.” I traditionally have the workshop participants share scenarios from their own experiences, and then I coach them on how to handle them. I’ve heard so many great case studies, and coached so many conversations, that I drew from that experience. The cases are nuanced and real. I intentionally crafted them in second-person voice. “You” are facing various proactive and reactive scenarios: proposing a change in intern onboarding, reacting to a powerful, talented and mercurial co-worker, responding to unwelcome physical contact, stepping in when a person is being harassed, and coaching a coworker who brings a concern to you. When “you” consider your options, we also ask “you” to consider how the case might play out differently for a variety of other “you’s” — who differ from you in multiple ways.