2016年5月30日 星期一

《民意,誰說了算?人民知情的抉擇》註腳-第五章

第五章:《天下雜誌》撤文事件      媒體識讀的能力

註腳
1 Wael Ghonim, Let's Design Social Media That Drives Real Change, TED,  Filmed Dec. 2015, https://www.ted.com/talks/wael_ghonim_let_s_design_social_media_that_drives_real_change?language=en#t-60531 (last visited May 05, 2016).
2 Deborah Potter,獨立新聞工作手冊-什麼是新聞,美國國務院國際資訊局,http://www.ait.org.tw/infousa/zhtw/PUBS/Handbook_Journalism/whatis.htm(最後瀏覽日:2016 5 4日)。
3 黃丞儀,馬習會前,天下把我的文章「河蟹」了?新頭殼,2015114日,http://newtalk.tw/news/view/2015-11-04/66370(最後瀏覽日:2016412日)。
4 同上。
5 陳文蔚,天下撤文骨牌效應!張娟芬、吳介民等退出,民報,2015114日,http://www.peoplenews.tw/news/dc5b78a4-7ea7-47f1-95c5-88c56e98f210(最後瀏覽日:2016 4 12 日)
6 梁姍樺,獨立評論@天下撤文「星文燎原作者群起抵制劃清界線,風傳媒,20151104日,http://www.storm.mg/article/73083(最後瀏覽日:201654日)。
7 黃丞儀,最後一次針對天下河蟹事件的回應,黃丞儀臉書,2015114日,https://www.facebook.com/chengyi.huang/posts/10153640255288503(最後瀏覽日:2016 4 12 日)
8 陳文蔚,註5
9 楊索,殷允芃女士應為言論審查公開道歉,蘋果日報,2015115日,http://www.appledaily.com.tw/realtimenews/article/new/20151105/726313/(最後瀏覽日:2016 4 12 日)
10廖雲章,楊索臉書,20151120日。
11楊索,獨立評論站得直嗎?楊索臉書,20151120日。
12European Convention on Human Rights, Art. 10, 1950 (“1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”).
13U.S. CONST. amend. I. (“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”).
14司法院大法官會議釋字第509號大法官吳庚協同意見書,http://www.judicial.gov.tw/constitutionalcourt/uploadfile/C100/509.pdf (最後瀏覽日:201654日)。
15Legal Information Institute, State Action Requirement, Cornell University Law School, https://www.law.cornell.edu/wex/state_action_requirement (last visited April 12, 2016) (“The state action requirement stems from the fact that the constitutional amendments which protect individual rights (especially the Bill of Rights and the 14th Amendment) are mostly phrased as prohibitions against government action. For example, the First Amendment states that “[c]ongress shall make no law” infringing upon the freedoms of speech and religion. Because of this requirement, it is impossible for private parties (citizens or corporations) to violate these amendments, and all lawsuits alleging constitutional violations of this type must show how the government (state or federal) was responsible for the violation of their rights. This is referred to as the state action requirement.”).
16雷震案簡介,國史館,http://www.drnh.gov.tw/ray/main3-1.htm(最後瀏覽日:2016 4 12 日)
17即時新聞∕綜合報導,賴清德向「台獨教父」致敬,自由時報,2014920日,http://news.ltn.com.tw/news/politics/breakingnews/1110903(最後瀏覽日:2016  4  12 日)
18黃丞儀,立院應即彈劾馬總統,想想論壇,2015114日,http://www.thinkingtaiwan.com/content/4782(最後瀏覽日:2016412日);黃丞儀,立院應即彈劾馬總統,公民行動影音紀錄資料庫,2015114日,http://www.civilmedia.tw/archives/38776(最後瀏覽日:2016 4 12 日);黃丞儀,立院應即彈劾馬總統,蘋果即時論壇,2015114日,http://www.appledaily.com.tw/realtimenews/article/new/20151104/725436/(最後瀏覽日:2016412日)。
19U.S. Congress, U.S. Constitution Annotated, First Amendment Religion and Expression, Cornell University Law School, https://www.law.cornell.edu/anncon/html/amdt1efrag3_user.html (last visited June 02, 2016) (“Speech in public forums is subject to time, place, and manner regulations, which take into account such matters as control of traffic in the streets, the scheduling of two meetings or demonstrations at the same time and place, the preventing of blockages of building entrances, and the like. Such regulations are closely scrutinized in order to protect free expression, and, to be valid, must be justified without reference to the content or subject matter of speech, must serve a significant governmental interest, and must leave open ample alternative channels for communication of the information. A recent formulation is that a time, place, or manner regulation must be narrowly tailored to serve the government’s legitimate content–neutral interests, but . . . need not be the least– restrictive or least–intrusive means of doing so.”).
20United for Peace and Justice v. Bloomberg, (N.Y. Sup. Ct. 2004) (“The right to free speech does not guarantee plaintiff ‘ther best channels or locations for [its] expression.’ Carew-Reid v. Metropolitan Transp. Auth., 903 F.2d 914, 919 (2d Cir. 1990). Whether ample alternatives are available does not depend on the preference of the speaker’ for the forum of his choice. Irish Lesbian and Gay Org. V. Giuliani, 918 F.Supp. At 744. Nor does free speech entitle plaintiff to maximize its audience, participants, or media coverage. See Irish Lesbian and Gay Org. v. Giuliani, 918 F.Supp. At 744’); United for Peace and Justice v. Bloomberg: Challenging Denial of Permit for Central Park Protest Rally, New York Civil Liberties Union, http://www.nyclu.org/case/united-peace-and-justice-v-bloomberg-challenging-denial-of-permit-central-park-protest-rally (last visited April 12, 2016).
21Id.
22New York Times Co. v. U.S., 403 U.S. 713 (U.S. 1971).
23Id. at 717, J. Black dissenting (“Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell.”).
24The Info List, Herbert Bayard Swope, http://www.theinfolist.com/php/SummaryGet.php?FindGo=Herbert%20Bayard%20Swope (last visited May 04, 2016).
25Goodreads, Guotes from Brian Cox, thttp://www.goodreads.com/quotes/3208182-the-problem-with-today-s-world-is-that-everyone-believes-they (last visited April 12, 2016) (“The problem with today’s world is that everyone believes they have the right to express their opinion AND have others listen to it. The correct statement of individual rights is that everyone has the right to an opinion, but crucially, that opinion can be roundly ignored and even made fun of, particularly if it is demonstrably nonsense”).
26Aidan White, Fear in the News, The Difference Between Self-censorship and Ethical Journalism, Ethical Journalism Network, May 02, 2014, http://ethicaljournalismnetwork.org/en/contents/fear-in-the-news-the-difference-between-self-censorship-and-ethical-journalism (last visited May 07, 2016) (“Self-censorship is a different matter. This is when journalism and media are driven not by editorial concerns, but by fear. When a journalist or editor makes an editorial decision over a story and its contents that is motivated by the threat of reprisal – whether from the state, the police, the owner, or the advertiser – it is nothing to do with the principles of good journalism. Internal threats are not unusual. Journalists regularly shape their stories to suit the company’s political or business interests. And it’s not a new phenomenon.”).
27Glenn C. Loury, Self-Censorship in Public Discourse: A Theory of "Political Correctness" and Related Phenomena, Rationality and Society; 6(4), 428 (1994), http://debategraph.org/Handler.ashx?path=ROOT%2Fu8432%2FLoury_Political_Correctness.pdf(last visited May 04, 2016).
28University of Twente, Spiral of Silence, https://www.utwente.nl/cw/theorieenoverzicht/Theory%20Clusters/Mass%20Media/spiral_of_silence/ (last visited April 12, 2016). (“Neumann (1974) introduced the spiral of silence as an attempt to explain in part how public opinion is formed. She wondered why the Germans supported wrong political positions that led to national defeat, humiliation and ruin in the 1930s -1940s.”).
29Id. (“The phrase "spiral of silence" actually refers to how people tend to remain silent when they feel that their views are in the minority. The model is based on three premises: 1) people have a "quasi-statistical organ," a sixth-sense if you will, which allows them to know the prevailing public opinion, even without access to polls, 2) people have a fear of isolation and know what behaviors will increase their likelihood of being socially isolated, and 3) people are reticent to express their minority views, primarily out of fear of being isolated.”).
30Id. (“This example shows an effect of the theory where during the 1991 Gulf War the U.S. support for the war was measured.”).
31痞客邦,社群時代的特殊現象--“逆沈默螺旋2014326日,http://goo.gl/qNDCKN(最後瀏覽日:2016 4 12 日)。
32Eric Barendt, Freedom of Speech, Oxford Scholarship Online, http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199225811.001.0001/acprof-9780199225811-chapter-1 (last visited May 04, 2016) (“This chapter discusses the nature of a free speech principle and explores the coherence of four justifications for that principle: arguments concerned with the importance of discovering truth, free speech as an aspect of self-fulfillment, the argument from citizen participation in a democracy, and suspicion of government.”).
33Monica Stevens, Journalist Gatekeeper Responsibilities, Demand Media, http://work.chron.com/journalist-gatekeeper-responsibilities-12377.html (last visited on May 04, 2016) (“Gatekeeping describes the process by which news stories are filtered by journalists and editors for dispersal in any medium.”).
34Steve Buttry, Gatekeepers Need to Find New Value When the Fences Have Blown Away, The Buttry Diary, April 30, 2012, https://stevebuttry.wordpress.com/2012/04/30/gatekeepers-need-to-find-new-value-when-the-fences-have-blown-away/(last visited May 04, 2016) (“Keeping the gate was a serious responsibility: We got to decide what was news and what wasn’t, what was front-page news, what was an inside brief and what wasn’t worth our readers’ time at all. We had to decide when a story was vetted and verified enough to make it through the gate. Those were great jobs and I think I was a responsible gatekeeper. I honor and value those days in journalism.”).
35Id. (“In a Facebook discussion today, Arkansas State journalism professor Jack Zibluk wrote, ‘By abandoning the gatekeeper role, I believe you are abandoning the profession.’”).
36Stevens, supra note 33 (“University of Iowa journalism professor Jane B. Singer wrote that the proliferation of information on the Internet has diminished the power of journalism’s gatekeepers, but journalists can still serve a role in sorting, interpreting and lending credibility to news on behalf of the public....In a society where information -- and misinformation -- is so easily distributed, journalists can provide a service as fact-checkers who hold stories up to the light of objectivity.”).
37Kelley McBride, MediaWire: Why there is a need for more transparency & contexts in op-eds, Poynter, November 25, 2014, http://www.poynter.org/2013/why-theres-a-need-for-more-transparency-context-in-op-eds/217590/(last visited May 04, 2016).
38Id. (“When it comes to trying to influence the marketplace of ideas, stepping up the game means more than just sharpening the writing and the ideas behind the writing. It means giving the audience the information to understand why this opinion was selected, who this person is, what makes him or her relevant, and what other information might be relevant to the reader.”).
39管仁健,獨立評論已,統一戰線現形,新頭殼,2015115日,http://newtalk.tw/news/view/2015-11-05/66429 (最後瀏覽日:201654日)。
40陳順孝,給高中生的媒體識讀講義,打造自己的媒體,阿孝札記,201147日,http://www.ashaw.org/2011/04/blog-post_06.html (最後瀏覽日:201654日)。
41Center for Media Literacy, What is Media Literacy? AMLA's Short Answer and a Longer Thought, http://www.medialit.org/reading-room/what-media-literacy-amlas-short-answer-and-longer-thought (last visited May 04, 2016) (“Media literacy empowers people to be both critical thinkers and creative producers of an increasingly wide range of messages using image, language, and sound. It is the skillful application of literacy skills to media and technology messages. As communication technologies transform society, they impact our understanding of ourselves, our communities, and our diverse cultures, making media literacy an essential life skill for the 21st century.”).
42香港大學,思方網,http://philosophy.hku.hk/think/creativity/ (last visited May 04, 2016) (“There are two basic thinking skills - critical and creative thinking. They are both crucial for solving problems and discovering new knowledge. Critical thinking is the ability to think clearly and rationally. Creativity is a matter of coming up with new and useful possibilities.”).
43Id. (“Someone with critical thinking skills is able to do the following: understand the logical connections between ideas; identify, construct and evaluate arguments; detect inconsistencies and common mistakes in reasoning; solve problems systematically; identify the relevance and importance of ideas; reflect on the justification of one's own beliefs and values.”).
44Center for Media Literacy, Literacy in the 21st Century: The Hope and the Promise, August 10, 2009, http://www.medialit.org/reading-room/literacy-21st-century-hope-and-promise (last visited May 04, 2016).
45National Association for Media Literacy Education, Media literacy defined, https://namle.net/publications/media-literacy-definitions/ (last visited May 04, 2016) (“Being literate in a media age requires critical thinking skills that empower us as we make decisions, whether in the classroom, the living room, the workplace, the boardroom, or the voting booth.”).

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