We are now entering the world of media law... I will probably have to hire a lawyer at some point to really know what I'm talking about, but I was given this prompt to think about the legal and ethical boundaries of linking online.
"You're a reporter working for the Boulder Daily Camera. You've been assigned a story about a CU English professor who was dismissed because his name was listed on a child pornography Web site as a frequent client. The professor denies that his name is listed on the site.
It is the normal operational procedure to list all relevant external links. Based upon your readings and understanding of communication law, would you post the link to the child pornography site? Why or why not? What principles do you use in your decision? What trade-offs are present in the rationale behind your decision?"
While I believe there should be transparency and as much information as possible should be given to the readers/users of the journalistic website, linking to a child pornography site would definitely not be ethical or legal.
First is the issue of obscenity. Like with all media, obscenity is prohibited on the internet (Foust 221). Child pornography would absolutely constitute obscene material, and linking to this material, while not directly on your own site, could create more traffic to the obscene site and ultimately perpetuate this illegal activity.
In a similar way, United States courts have seen cases dealing with linking to illegal activity, such as in the cases of Universal City Studios v. Reimerdes with links to illegal software and a case where a couple was criticizing the Latter-Day Saints church on their website and linking to the copyrighted LDS material. In both cases the links were removed, so in this case I would also suspect that a link would not be tolerated.
Also with linking laws, there could be some question as to the "relationship between the linker and linkee" (Foust, 226). There should be no question that your site and this illegal site have no relations with one another.
Perhaps a way to get around this would be to take a screen shot of the evidence (if there is such evidence) and post a link to the image and blur out anything that would be obscene to give as much information as possible (or inline linking, as Foust coins on page 228). While you generally cannot inline link without getting express permission, this may be a legitimate "fair use" case where the journalist is gathering evidence for a specific purpose and Another way would be to describe or link to police reports that would, in theory, describe the evidence that his name was indeed listed on the website as a client.



