We use the events of the civil rights movement of the 1960s as context in exploring deployment of ethical principles associated with activist democratic theory by New York Times editors. The ethical framework helped shape coverage of perceived injustices against minorities and set the tenor of confrontation with public officials. Subscription to activist journalism ethics assumes a lack of fairness in liberal democratic processes that take place within unequal social, economic, and political environments. These media tend to challenge the status quo more vigorously than do other media. A content analysis shows that the Times pursued the civil rights story with an activist zeal that got it entangled in the historic Sullivan libel lawsuit of 1960. The paper did not scale back its tone in challenging the social order in the South – even in the face of physical intimidation of reporters and in spite of the widely assumed ‘chilling effects’ of libel. This suggests that when media cover certain issues in an activist spirit, conventional restraints engendered by fear of libel may lose effect.

Both the New York Times and Chicago Tribune opposed major civil rights laws, but the Times' opposition was earlier and stronger.

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A content analysis of the editorial pages of the Birmingham News from 1960 to 1964 shows that, despite its staunch segregationist stance, the paper's editorial pages, nonetheless, produced strong integrationist narratives. This paradox was borne of discordant interpretations of 14th Amendment rights featured in the Supreme Court's Plessy (1896) and Brown (1954) decisions. Rise of staunch segregationist groups and officials after the Court's 1954 Brown decision drove News editors to embrace greater democratic pluralism. The evolution in editorial approach corresponded to the paper's gradual adoption of Brown's interpretations of 14th Amendment rights. Change in the valence of the paper's narratives supports Condit’s (1987) thesis that rhetorical “crafting” of public morality about race brought about greater tolerance and acceptance of racial equality in America.

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