This ruling puts Indiana squarely in line with other states that have adopted heightened protection for Internet posters over the past decade.

The Hoosier State Press Association Foundation and several state media outlets urged the court to take this position in an Amicus brief.

Previously, a trial court had ordered The Indianapolis Star to turn over identifying information about a poster, “DownWithTheColts,” who commented on coverage of financial questions about the former head of the area’s Junior Achievement program.

The Star appealed on the bases that the state shield law protected the commenter’s identity.

The Amicus brief supporting The Star that urged additional protections in line with decisions from a variety of courts that have found protection under the First Amendment and state constitutional rights to anonymous speech.

In this opinion, the court rejects The Star’s position under the shield law on grounds that “DownWithTheColts” was not a “source” as defined by the statute.

The court, however, agrees with tests in New Jersey and Delaware pointed to in the Amicus brief.

Under the test Indiana adopted, to obtain identifying information about a poster, plaintiffs will now need to show:

• The poster has been notified of the subpoena and allowed time to obtain legal representation.

• The exact statements the plaintiff believes are defamatory.

• That he or she has evidence to support every element of the claim, except actual malice. The court removed actual malice from the requirements, finding that plaintiffs can’t make that kind of showing without knowing the source. That still requires that a plaintiff present evidence of falsity and damages.

• The balance of interests weighs in favor of disclosure.

The court remanded the case to the trial court to see if the plaintiff can meet this new test in The Star case.

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With many state legislators observing, Judy O’Bannon, the late governor’s wife, presented the clear glass award symbolizing transparency in government to Shepard during a luncheon at the HSPA Annual Meetings and Government Conference at the Indianapolis Marriott Downtown on Feb. 16.

Shepard’s efforts to help citizens understand how the court system works were lauded by Judy O’Bannon, an owner of The Corydon Democrat, which nominated the jurist for the honor.

The O’Bannon Sunshine Award, first awarded in 2005, honors an individual, group or organization demonstrating outstanding effort to protect and enhance open government in Indiana.

“Some people think the press only reports the bad news – the one bad apple in a barrel of good public officials and employees,” said HSPA executive director and general counsel Stephen Key. “The Frank O’Bannon Sunshine Award honors that golden apple - those public servants or citizens who understand that our government should be transparent to the people it serves.”

Founded in 1933, HSPA represents nearly all daily and weekly paid circulation newspapers in the state.

The Corydon Democrat’s nomination, submitted by publisher Jon O’Bannon, included the following:

Chief Justice Randy Shepard has articulated the belief that newspapers and the judiciary have a symbiotic relationship. The judiciary needs the coverage of its operations and decisions to help strengthen its role as one of the three equal branches of government, each serving as a counterweight to the other two branches. The judiciary is dependent upon the opinion of the courts by the people to give it the strength to fulfill its role and the press is a key factor in giving the public information to form its opinion of the court system. Meanwhile, the press is reliant upon the judiciary to protect its newsgathering ability through First Amendment-related decisions. If the court doesn’t support the freedom of press, newspapers’ ability to serve as a government watchdog could be severely curtailed.

With that view, the chief justice has taken steps to make the workings of the judiciary more transparent. Under his watch:

• Media cameras are allowed in the appellate courts, and arguments are webcast across the Internet.
• The Supreme Court has approved one pilot project allowing cameras in trial courtrooms and is considering a new project (approved since this nomination).
• The Supreme Court updated its Administrative Rule 9 to take into account issues raised by a digital environment.
• The Supreme Court issued an order reducing the incidence of trial court judges agreeing to draw a veil of secrecy around specific cases.

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NIE webinar Feb. 28

Teachers can discover creative opportunities for using newspapers in the classroom through a free webinar.

“Newspapers: A Class Act!” is a Newspaper in Education Initiative that offers teachers a half-point of credit toward their professional growth plans.

Newspapers are encouraged to use the information they received by email to post a webinar flier and/or registration link on their websites and email and/or publish information for their area teachers.

Instead of the tabloid or web material HSPA Foundation presented in previous years for NIE Week, the Indiana Newspaper in Education Advisory Board and other partners opted to create a training webinar for teachers. It will cover use of both print and e-editions in the classroom.

The webinar will be conducted in two sessions Tuesday, Feb. 28.

The session for teachers of Grades 3-5 will be from 3:45-4:15 p.m. One for middle-school teachers will be from 4:45-5:15 p.m.

To register for the Grades 3-5 session, click here.

To register for the middle-school session, click here.

Presenter Kriss Johnson is the Newspaper in Education/e-edition supervisor at the Lexington (Ky.) Herald-Leader.

Johnson is a nationally recognized authority in Newspaper in Education and recently became responsible for marketing Lexington’s e-edition.

She will show participants that even without mandates or increased funding, teachers can get students reading and engaged in ways that support their learning and community.

Log-in information for the webinar will be included in a confirmation email, and instructional objectives based on Common Core Standards for English, language arts and literacy will follow.

The webinar is a cooperative effort of the HSPA Foundation, Indiana State Reading Association, Indiana Newspaper in Education Foundation and Indiana Department of Education.

To download a flier about the event, click here or on the image above.

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The training will highlight both digital and print editions.

Kriss Johnson, Newspaper in Education/e-edition supervisor for the Lexington (Ky.) Herald-Leader, will present two sessions Feb. 28.

The first at 3:45 p.m. will cover material appropriate for teachers of Grades 3 through 5.

The second at 4:45 p.m. will target middle-school teachers.

Registration information will be sent to schools.

“In the past Indiana NIE created tabloids filled with activities for use in the classroom,” said Karen T. Braeckel, director of the HSPA Foundation. “Now as young people spend more time on computers, we need to change our focus to include e-editions.

“Kriss is a nationally recognized authority in NIE and recently became responsible for marketing Lexington’s e-edition.”

Teachers can earn a half-point of credit toward their Professional Growth Plan as an added incentive to participate, Braeckel said.

The webinar will remain available on the HSPA Foundation’s website after the original airing.

Newspapers may encourage teachers in their readership areas to participate. Registration information will follow soon.

The HSPA Foundation, Indiana State Reading Association, the Indiana Newspaper in Education Foundation and the Indiana Department of Education sponsor this year’s program.

Newspaper promotional video available

The Indiana Newspaper in Education Foundation funded the creation of a video to encourage teens to read the newspaper – online as most do.

It offers a teen-friendly look at why students need information from their local paper.

Visit the HSPA Foundation website to view it: www.HSPAFoundation.org/newspaper-education.

Newspapers that want to post the video on their websites should contact Milissa Tuley at mtuley@hspa.com.

The NIE Foundation suggests including your newspaper’s website with information about the video.

Newspaper in Education Week materials

Free lesson plans from the News­paper Association of America Foundation that incor­porate newspapers in the classroom are available to download at www.HSPAFoundation.org/newspaper-education.

Papers are encouraged to alert teachers in their areas about the free materials and post a link on their websites.

The lesson plans, dubbed Give Them the Keys, is a curriculum first introduced in 2002 that has been updated to include standardized lesson plans which include common core standards, technology standards, leveled activities and assessments.

The lessons are organized by units, so teachers can pick and choose what works in conjunction with their curriculum and students.

Each unit includes several lessons that can be taught consecutively or used independently.

Each lesson is designed to include instructional objectives, applicable standards, a list of materials, an anticipatory set, instructional procedures, a formative assessment for each lesson within a unit and other resources associated with that particular lesson, if applicable.

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The Foundation gives the awards in partnership with the Indiana High School Press Association’s Indiana Student Journalist of the Year competition.

Scholarship deadline Feb. 15

What: Two $1,500 awards

Deadline: Feb. 15, 2012

Application criteria: Click here to visit the Journalism Education Association website.

How to apply: Send port­folios to Diana Hadley, Franklin Col­lege, 101 Branigin Boule­vard, Franklin, IN 46131.

One scholarship goes to a teen from a small school (2,000 or fewer students), and the other is awarded to someone from a large school (more than 2,000 students).

The Indiana High School Press Association will award $500 to the state Journalist of the Year recipient and plaques to all finalists.

Awards will be presented at the First Amendment Symposium on March 7 in Indianapolis.

Journalist of the Year state winners compete in the Journalism Education Association’s national contest, where $5,000 and $2,000 scholarships are given.

Students should send portfolios to Diana Hadley, Frank­lin College, 101 Bran­igin Boule­vard, Franklin, IN 46131 by the postmark deadline Wednesday, Feb. 15, 2012.

Those who apply should go to the JEA website to download portfolio criteria and an entry form at http://jea.org/home/awards-honors-2/journalist-of-the-year.

Last year’s state Jour­nalist of the Year winner, Victoria Ison from Bloomington High School North, won the national honor as well.

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The HSPA and HSPA Foundation joint event on Thursday-Friday, Feb. 16-17, brings together newspaper leaders from around the state to share ideas, network and learn about issues facing the industry.

The sessions, along with the event’s annual Legislative Luncheon, will be at the Indianapolis Marriott Downtown.

Annual Meetings & Government Conference

When: Thursday-Friday, Feb. 16-17

Where: Indian­apolis Marriott Downtown

Registration: Click here to download a form to fax or register online.

Hotel reservations and information: Shawn Goldsby, sgoldsby@hspa.com or (317) 803-4772 

Newspaper employees can register online at www.HSPAFoundation.org/annualmeetings or fax the form newspapers received by mail. To download additional hard copies of the form, visit the Foundation website.

Please note the change to a Thursday-Friday format at the request of publishers who had conflicts with the event’s previous Wednesday-Thursday schedule.

The Annual Meetings will include information on Media $ales Basics, a web-based advertising training program available free for HSPA-member newspapers in 2012.

Publishers should plan to invite their state representatives and senators to the Legislative Luncheon on Thursday, Feb. 16, when HSPA presents the Frank O’Bannon Sunshine Award.

HSPA will provide invitations for newspapers to send lawmakers.

The Distinguished Service Award honoree will receive the traditional winner’s cup at the Governor’s Reception on Feb. 16. State Attorney General Greg Zoeller will speak.

Session speaker Chris Lee, executive vice president and publisher for the Deseret News (Salt Lake City), will address upheavals in consumption, costs and culture of the news industry on Feb. 17.

His presentation also will include a focus on ideas for cost reductions.

Lee, a Harvard Business School graduate with a master’s degree in business administration, previously was chairman and chief executive officer at Herit­age Makers, a marketer of web-to-print personalized photo products.

Other speakers include Daniel Byron of Indian­apolis law firm Bingham Greenebaum Doll, who will address libel; Tonda Rush, chief executive officer of the National Newspaper Association, who will speak via Skype about postal changes affecting newspapers; and Stephen Key, HSPA executive director and general counsel, who will update publishers on state legislative issues affecting newspapers.

Indiana publishers in­­cluding Henry Bird (CNHI), Karen Crotchfelt (Star Media), Brandon Erlacher (The Elkhart Truth) and Terry Hous­holder (KPC Media Group) will take part in a panel discussion on actions they plan to take in the next five to 10 years to position their papers for greater success.

Roundtable sessions designed to facilitate idea sharing will culminate in an iPad 2 giveaway for the person with the best idea.

Facilitators will be Indiana publishers Patrick Lanman (Vevay News­papers Inc.), Randy List (Rust Communications), Jon O’Bannon (O’Bannon Publishing Co. Inc.), Bird and Tina West (The Cour­ier-Times in New Castle).

For more information, contact HSPA at (317) 807-4772 or sgoldsby@hspa.com.

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Video production sponsored by the Indiana Newspaper in Education Advisory Board and HSPA Foundation.
Click here for more information on the work the two groups do together.

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H.B. 1093, authored by Rep. Kevin Mahan, R-Hartford City, would allow a judge to levy a fine of up to $100 against a public official for a deliberate violation of the Open Door Law or Access to Public Records Act.

The committee, chaired by Mahan, voted in favor of the bill 11-0 on Jan. 17.

The vote followed approval of an amendment that eliminated a provision to allow the state public access counselor to review unredacted records when a citizen challenged whether an agency should have blacked out the text.

The amendment also makes clear that a public official relying on the advice of an attorney isn’t deliberately violating the law even if a judge finds that advice faulty.

The amendment emerged from a meeting between Mahan; Anita Samuel, general counsel for Gov. Mitch Daniels; Rhonda Cook, director of government affairs and legislative counsel for the Indiana Association of Cities and Towns; and Steve Key, executive director and general counsel for the Hoosier State Press Association.

The governor’s office raised concerns about the public access counselor reviewing unredacted documents and the liability for a fine when a judge rules against a public agency that acted according to legal advice.

The Indiana Association of Cities and Towns representative expressed concern with the timing of a lawsuit if a city was waiting for an opinion from the access counselor.

Cook also raised concerns about a provision that would allow citizens to request email notification of public meetings but also give government units the option to post meeting times on its website instead.

She claimed both options impose an undue financial burden on local government.

Key pointed out that Cook’s association previously requested the website option it now opposes.

The amendment approved Jan. 17 spells out that a lawsuit can’t be filed while a government unit awaits a public access counselor opinion on a records request.

H.B. 1093 moves to the House floor for potential second-reading amendments. Rep. Kathy Richardson, R-Nobles­ville, co-authored the bill.

Meanwhile, lawmakers held the legislation’s Senate counterpart, S.B. 92, for consideration of amendments.

It should get a vote next week in the Senate Local Government Committee, chaired by Sen. Connie Lawson, R-Danville.

Sen. Beverly Gard, R-Greenfield, authored S.B. 92. Gard has supported similar bills for five legislative sessions.

HSPA expects the Senate committee to amend S.B. 92 in a similar fashion to H.B. 1093. In both initial committee hearings last week, the bill received favorable testimony from:

• Attorney General Greg Zoeller or David Miller of his staff
• Mark Lawrance of the Indiana Chamber of Commerce
• Paul Chase of the AARP
• Julia Vaughn of Common Cause
• Max Jones, editor of the Tribune-Star (Terre Haute) and member of the HSPA Freedom of Information Committee.

Also speaking at one of the hearings was HSPA Board of Directors President Tim Timmons, publisher of the Noblesville Times and The Paper of Montgomery County (Crawfordsville); David Hill, editor of the Daily Reporter (Greenfield); and Indianapolis attorney Paul Ogden.

The Indiana Broadcasters Association also supports the bill.

Opposition to the bill has come from:

• Indiana Association of Cities and Towns
• The Association of Indiana Counties
• Indiana departments of Environmental Management and Family and Social Services.

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The lessons target beginning ad managers and sales reps and experienced sales reps from other fields – anytime, anywhere they can access the Internet.

Media $ales Basics

HSPA members can use the online advertising training program at www.mediasalesbasics.com for free in 2012.

Training questions: Dave Blakeslee, dblakeslee@admall.com or 614-794-0500 Ext. 110

Questions about use of the program: Karen Braeckel, HSPA Foundation director, kbraeckel@hspa.com or (317) 624-4426

Request a resend of login information: Shawn Goldsby, sgoldsby@hspa.com or (317) 803-4772

To sign up for training, go to www.mediasalesbasics.com and use the log-in information HSPA members received by email.

To request a resend, contact Shawn Goldsby at sgoldsby@hspa.com or (317) 803-4772.

After successfully entering the HSPA login, each user will be asked to set up an individual account with name, email and company. Employees then no longer will use the generic code.

The training program focuses on three fundamentals: advertising, prospecting and consultative media sales.

A panel of Indiana newspaper advertising directors selected Media $ales Basics from other training program available.

Through an agreement with AdMall, HSPA members may use the program for their Indiana newspapers as often as they like in 2012. Each newspaper can name an administrator who can view all activity for the paper.

Newspaper staffs can watch a video about the program at www.mediasalesbasics.com.

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