JOURNALISM ACCORDING TO JEWISH LAW

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Milo Stevenson
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1 JOURNALISM ACCORDING TO JEWISH LAW

2 Setting the Stage I Am Jewish Remembering Daniel Pearl by Jonathan S. Tobin - Published in Commentary Magazine Ten years ago this week, the Wall Street Journal s Daniel Pearl was kidnapped by al-qaeda operatives in Pakistan. Nine days later he was murdered beheaded by Khalid Sheikh Mohammad. Before being killed, he was forced to make a statement on a video that the terrorists subsequently distributed to the press. Though he was forced to make criticisms of the United States, he died expressing pride in his identity. My father is Jewish. My mother is Jewish. I am Jewish, he said. Pearl s abduction and murder was a heinous crime that came to symbolize the barbarity at the heart of the Islamist movement. But Pearl s final words, though spoken under duress and with the shadow of death hanging over him, are also a symbol of the spirit of a people that hate cannot extinguish. Ten years after Pearl s death, there are many in this country who believe the war on terror is something for the history books, put on a shelf and forgotten. Al-Qaeda has received severe blows. Mohammad was subsequently arrested and after much legal wrangling, will eventually face trial before a military commission at Guantanamo Bay for his role in Pearl s death as well as the 9/11 attacks. But the terrorists are still out there and, with their allies the Taliban still holding their own in Afghanistan, hold out hope for a revival of their cause. Daniel Pearl was an open, inquisitive and honest journalist who bore no grudges against those of other nationalities and faiths. Even more to the point, Islamists who sympathize with Pearl s killers and share much of their ideology such as the Muslim Brotherhood in Egypt and the Palestinian group Hamas are on the upswing. The Brotherhood controls Egypt s new parliament with other Islamists while Hamas appears poised to expand its sway over Palestinian society from Gaza to the West Bank via a unity pact with Fatah. The anniversary of Pearl s abduction should remind us that those who spread hatred of the West and of the Jews are generally not satisfied with merely talking about killing Jews. These groups pose a direct threat to world peace, and the United States must not be gulled into seeing them as people with whom we can do business. For them, Daniel Pearl s admission of his Jewish identity and his ties with the people and the land of Israel justified his death. For us, they are an expression of pride. Daniel Pearl was an open, inquisitive and honest journalist who bore no grudges against those of other nationalities and faiths. For this as well as for his American and Jewish identities, those for whom such qualities are anathema marked him for death. But though this anniversary is a sad one, his last words must also serve as a reassurance the Islamists who murdered him will not prevail. Though an Islamist winter has followed the Arab spring, the words I am Jewish resonate today as the cry of a Jewish people who will not perish. May Pearl s memory be for a blessing.? Can journalism be considered a Jewish career? When is journalism an honorable career? How can it be dishonorable? What characteristics are needed to be a successful journalist? 2 Journalism According to Jewish Law

3 ENGAGING THE TEXT Avoiding Controversy In this packet, we will discuss whether there are halachic guidelines involved in newspaper reporting. How should a Jewish newspaper conduct its investigative reporting? And on the flip side, what is our obligation as readers? Newspapers serve as a forum for examining social, political, and ideological issues that are important to the public. Often, the presentation of issues will take the form of a debate, in which opposing sides present their views. Debate, however, should not be confused with controversy (machloket), which we are commanded to avoid. Please note the following incident straight out of the Torah, and see how Moshe, our great leader, handled it. שמות טז:א-יב א ויקח קרח, בן יצהר בן קהת בן לוי; ודתן ואבירם בני אליאב, ואון בן פלת בני ראובן. ב ויקמו לפני משה, ואנשים מבני ישראל חמשים ומאתים, נשיאי עדה קראי מועד, אנשי שם. ג ויקהלו על משה ועל אהרן, ויאמרו אלהם רב לכם כי כל העדה כלם קדשים, ובתוכם ה ; ומדוע תתנשאו, על קהל ה. ד וישמע משה, ויפל על פניו. ה וידבר אל קרח ואל כל עדתו, לאמר, בקר וידע ה את אשר לו ואת הקדוש, והקריב אליו; ואת אשר יבחר בו, יקריב אליו. ו זאת, עשו: קחו לכם מחתות, קרח וכל עדתו. ז ותנו בהן אש ושימו עליהן קטרת לפני ה, מחר, והיה האיש אשר יבחר ה, הוא הקדוש; רב לכם, בני לוי. ח ויאמר משה, אל קרח: שמעו נא, בני לוי. ט המעט מכם, כי הבדיל אלהי ישראל אתכם מעדת ישראל, להקריב אתכם, אליו לעבד, את עבדת משכן ה, ולעמד לפני העדה, לשרתם. י ויקרב, אתך, ואת כל אחיך בני לוי, אתך; ובקשתם, גם כהנה. יא לכן, אתה וכל עדתך הנעדים, על ה ; ואהרן מה הוא, כי תלונו (תלינו) עליו. יב וישלח משה, לקרא לדתן ולאבירם בני אליאב; ויאמרו, לא נעלה. Bamidbar 16: Korach, the son of Yitzhar, the son of Kohos, the son of Levi, took [himself to one side of the controversy] along with Dasan and Aviram, the sons of Eliav, and On the son of Pelet, descendants of Reuven. 2 They confronted Moshe together with two hundred and fifty men from the children of Israel, chieftains of the congregation, representatives of the assembly, men of repute. 3 They assembled against Moshe and Aaron, and said to them: You take too much upon yourselves, for the entire 3 Journalism According to Jewish Law

4 congregation are all holy, and the Lord is in their midst. So why do you raise yourselves above the Lord s assembly? 4 Moshe heard and fell on his face. 5 He spoke to Korach and to all his company, saying: In the morning, the Lord will make known who is His, and who is holy, and He will draw [them] near to Him, and the one whom He chooses, He will draw near to Him. 6 Do this, Korach and his company: Take for yourselves censers. 7 Place fire into them and put incense upon them before the Lord tomorrow, and the man whom the Lord chooses - he is the holy one; you have taken too much upon yourselves, sons of Levi. 8 Moshe said to Korach, Please listen, sons of Levi. 9 Is it not enough that the God of Israel has distinguished you from the congregation of Israel to draw you near to Him, to perform the service in the Mishkan of the Lord and to stand before the congregation to minister to them? 10 He drew you near, and all your brothers, the sons of Levi with you, and now you seek the priesthood as well? 11 Therefore, you and your entire company who are assembled are against the Lord, for what is Aaron that you should complain against him? 12 Moshe sent to call Dasan and Aviram, the sons of Eliav, but they said, We will not go up [to meet with Moshe].? Moshe was the highly esteemed leader of all the Jews. Wasn t it beneath his dignity to seek out Dasan and Aviram just to discuss their complaints? Shouldn t Dasan and Aviram have gone to see Moshe, instead of the other way around? תלמוד סנהדרין קי עמוד א ויקם משה וילך אל דתן ואבירם אמר ריש לקיש: מכאן שאין מחזיקין במחלוקת, דאמר רב: כל המחזיק במחלוקת עובר בלאו שנאמר (במדבר י ז): ולא יהיה כקרח וכעדתו. Talmud Sanhedrin 110a Moshe arose and went to Dasan and Aviram. - Resh Lakish says: From here we learn that we should not continue in controversy, for Rav says: Anyone who continues a controversy is guilty of violating a negative command as it says: Do not be like Korach and his followers (Bamidbar 17). 4 Journalism According to Jewish Law

5 סנהדרין ז א אמר רב הונא: האי תיגרא דמיא לצינורא דבידקא דמיא כיון דרווח רווח. רש י כשהנהר גדל, פעמים שהוא יוצא לשדות שעל אגפיו כעין ניגרים וצינורות קטנים, ואם אינו סותמו מיד, הולך ומרחיב ושוב אינו יכול לסותמו. Sanhedrin 7a Rav Huna says: A dispute is like a water conduit [river]. If it is not plugged up immediately, it overflows. Rashi: When a river grows, sometimes it extends outward to the fields along it s banks... if someone does not close the breeches immediately, it widens and grows and can no longer be closed... [and arguments are the same way.] Dr. Steven Oppenheimer Journal of Halacha & Contemporary Society XLI; Spring 2001 Therefore, it is vital that a newspaper will serve as a medium to clarify actual issues and not encourage and promote strife between people. Articles that are written to inflame people s emotions in the hope of creating an issue, or that pit two personalities against each other to create controversy are inappropriate. Moreover, interviews that selectively quote to create sensationalism have no place in the Jewish press. The very process involved in preparing a newspaper article should, in theory, avoid the pitfalls of succumbing to unbridled passion. The journalist conceives of a story, investigates the issues and then commits the story to writing. He reviews the article so that the words and sentences are phrased just right. The editor reviews the piece so that the ideas are expressed correctly and any unnecessary provocation is removed. The final article is informative, coherent and designed to address the issues and not attack an individual or an institution. The journalist should not be politically motivated but should strive for the truth. By standing on the political sidelines, the journalist can often see things that are hidden from those who are too closely involved in the issues to properly evaluate them. In actual practice, this is not always the case. Some newspapers and magazines serve as a forum to advance certain agendas and even vilify people and institutions in a manner not consistent with Jewish law. This is wrong, and we shall see why.? Do you think it s possible for a newspaper to report news without instigating controversies? What are some effective ways to end a controversy before it grows out of proportion? 5 Journalism According to Jewish Law

6 ENGAGING THE TEXT Not All News is Fit to Print Rabbi Yisroel Salanter Not every thought need be verbalized, not every utterance need be written down, and not everything written need be published, for it is quite easy to write, but far more difficult to erase. Dr. Steven Oppenheimer, D.D.S Journal of Halacha & Contemporary Society XLI; Spring 2001 Rabbi Ephraim Greenblatt, Shlit a, tells of a meat plant that he visited. The knives that were used for shechita (ritual slaughter) were all unfit because the blades were nicked and not properly smooth as required by Jewish law. Rabbi Greenblatt spoke to shochetim (ritual slaughterers) but they refused to listen to him. He contacted the supervising Rabbi in Israel and, after he reported the problems to him, all the shochetim were fired. Had the supervising Rabbi not agreed to take action, Rabbi Greenblatt said it would have been permitted to go to the newspaper and have them write the story. In this case, Rabbi Greenblatt believed that going to the newspapers was not only permitted, but almost required by Torah law, due to the urgent necessity of stopping Jews from eating non-kosher meat. There are limits, however. This particular meat company had plants in other cities. The shochetim in the other locations were exemplary. Therefore, in order not to cast aspersions on the other company locations, only the city could be named in the article, but not the company name. This would ensure that the reputations of the shochetim in other cities would not be harmed. Had the company only had one location, then the company s name could have been used since there would be no need to protect the reputations of uninvolved parties. Whenever there is evidence of impropriety, it must by investigated. While local Rabbis have an important role in their communities, the decision to publish an expose about individuals or organizations must be made in consultation with recognized Rabbinic authorities. It is common for a newspaper to seek the advice of legal counsel before publishing an important story. They don t want to get sued because of improperly worded stories or unsupported facts. The newspaper may want to know how far it can go in reporting certain elements of the story. There are legal boundaries that the editor and the reporter know they cannot cross. The lawyer counsels them on the proper limits. Jewish newspapers need to consult with halachic authorities. The newspaper should choose a Halachic authority and consult with him regularly to ascertain the propriety of the stories they print. Do their stories exceed halachic guidelines? The Rabbinic authority with whom they consult will help them avoid important violations of Jewish law. ויקרא יט:יז לא תשנא את אחיך בלבבך הוכח תוכיח את עמיתך ולא תשא עליו חטא. 6 Journalism According to Jewish Law

7 Leviticus 19:17 You shall not hate your brother in your heart. You shall surely rebuke your fellow, but you shall not bear a sin on his account. משנה תורה - הלכות דעות, ו:יא-יב...ולא יספר לפניו דבר שהוא בוש ממנו. במה דברים אמורים בדברים שבין אדם לחבירו, אבל בדברי שמים אם לא חזר בו בסתר מכלימין אותו ברבים ומפרסמים חטאו ומחרפים אותו בפניו ומבזין ומקללין אותו עד שיחזור למוטב כמו שעשו כל הנביאים בישראל. Rambam s Mishneh Torah - Hilchos Dei os, 6: [When rebuking a person,] you should not speak to him in a way that will humiliate him. But this only applies to matters that affect man and his fellow; in matters that affect sins against Heaven, we may shame him publicly, and publicize his sin until he repents... In previous times, when people lived in small towns, and newspapers were nonexistent or not so accessible, this public embarrassment might have taken the form of an announcement from the Rabbi s pulpit. Today, newspapers are readily accessible and can serve as a means of coercion, if private attempts fail to have any effect on the sinner. In consultation with a qualified halachic authority, the publishing of articles may in fact be quite effective in convincing the recalcitrant miscreant to change his behavior. However, there are significant restrictions in this matter, and it cannot be done without strict halachic supervision. Chofetz Chaim: Hilchos Lashon Hara 10:2 & Hilchos Rechilus 9:12 In order to avoid unnecessary embarrassment to any person or family, a person (or a newspaper) may only reveal this information if the following guidelines are met. One must be sure that the information is accurate. One must first confront the individual privately, attempting to gently persuade him to make amends. The nature of the offense should not be exaggerated. The motivation in writing a story should be to pursue the truth and to assist those in need of help. The intention should never be to harm anyone. Should it be possible to correct a situation without publicity, it is prohibited to publicize the matter. Should the subject of the investigative story suffer harm greater than he deserves, it is forbidden to publish the story in such a way that the damage would not be reversible. Even if all the above requirements have been met, prior to publicizing the information, the reporter must carefully review his motives and intentions since peoples lives and reputations are at stake. If these criteria are met and publication of the information will result in a service to the community, Rabbinic authority may decide that the reporter is permitted and indeed obligated to publish the information. 7 Journalism According to Jewish Law

8 ? Taking into account the laws mentioned by the Chofetz Chaim, can you think of some situations which should or should not be publicized? ENGAGING THE TEXT Not All News is Fit to Read Dr. Steven Oppenheimer, D.D.S Journal of Halacha & Contemporary Society XLI; Spring 2001 Newspapers serve a vital function in society, informing and guiding the public during economic, social, and political crises. The public relies upon the newspapers for fair and accurate information. Journalists can wield tremendous power, since so many people rely upon this information in their everyday lives. However, the journalist is also in the business of journalism. He needs to sell newspapers. This can pressure him to look for excuses to allow breach of confidence, humiliation of individuals and lashon hara. The proliferation of newspapers that contain lashon hara, gossip, slander, divisiveness, impiety and apostasy exists only because the readership is only too willing to accept this fare, chastises the Chafetz Chaim. There is such a powerful desire to read this sensationalism, that for many, a day cannot go by without reading this type of news. They, the journalists and the readership, warns the Chafetz Chaim, do not appreciate that they will be held accountable before G-d. We see from the words of the Chafetz Chaim that it is not only forbidden for newspapers to write lashon hara and promote divisiveness, it is forbidden to read such newspapers. If we, the readers, write to the newspaper editors and object to unsuitable reporting, changes will be made. If changes are not made, we must ask ourselves why we are reading these newspapers. We know that lashon hara is prohibited, both to the speaker (writer) and the listener (reader).? Do you think writing in to the editors is an effective way to stop newspapers from printing objectionable material? If you don t read certain type of news because they are lashon hara, will you be missing out on vital information, or can you find out the information a different way? 8 Journalism According to Jewish Law

A JEW WALKS INTO A BAR: JEWISH IDENTITY IN NOT SUCH JEWISH PLACES

A JEW WALKS INTO A BAR: JEWISH IDENTITY IN NOT SUCH JEWISH PLACES Sinning in Disguise Like people of all faiths, Jews sometimes do things or go to places they are not supposed to. This session is not about