1st ammendment Flashcards

0
Q

because of scarcity of spectrum

A

not everyone who wants to broadcast can

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1
Q

why is broadcast media more regulated than any other media?

A
  • scarcity of spectrum
  • media is ubiquitous and pervasive
  • easily accessible to kids
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2
Q

why is there a shift towards the deregulation of broadcast media?

A

-more channels make more spectrums

and v-chips make it easier to control what your kids can/can’t see

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3
Q

new regulations

A

telecom act- fewer limitations of number of stations as long as less than 40% of audience
-all stations must have 3 hours of educational material for children

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4
Q

how/ why does the media regulate itself?

A
  • each medium has it’s own code of ethics
  • advocacy groups
  • parents’ groups
  • retailers
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5
Q

what are examples of mediums regulating themselves?

A

Film ( Hayes and MPPAA)
newspapers: LA times NO strip club ads
YouTube: NO dangerous or inappropriate videos

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6
Q

advocacy groups

A

pressure media for more or less of a certain content

use boycott of cooperate sponsors

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7
Q

parents groups

A
  • censorship in schools eg books

bc of Sex, Satin and Swearing in right and ethic stereotyping on left

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8
Q

example of retailers regulating mass media

A

Walmart won’t sell songs with objectionable covers or lyrics
=> recording companies now regulate their lyrics

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9
Q

Important people and ideas for our democracy and the first amendment

A
liberal democracy
tranny of majority  
Milton 
Jefferson 
mill
classical libertarianism 
absolutists
consensus definition
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10
Q

liberal democracy

A

majority rules: for and by the people

&& but also: you have certain rights that cannot be violated regardless of what the majority thinks (embodies by the bill of rights)

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11
Q

Milton

A

market place of ideas: everyone should say and write what they want and good ideas will beat bad ones out

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12
Q

Jefferson

A

inalienable rights: basic human rights that every human being should have

  • with unrestricted information and reason majorities would come to the best possible decisions in democracy
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13
Q

Mill

A

3 pronged defense

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14
Q

1st prong

A

information is silenced truth silenced aswell

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15
Q

2nd prong

A

even wrong options may bring up elements of the truth necessary to discover the whole truth
eg communist points out in free market rich exploit poor

16
Q

3rd prong

A

even if commonly accepted opinion is whole truth people will accept it as rational belief until they have to defend it

eg. coming to college have to defend your religion for first time

17
Q

classical libertarianism

A

govnt can’t force you to/ prevent you from satin or printing something

remedy to hate speech is more speech not enforced silence

18
Q

watch dog function

A

the role of the press is to appose the government

19
Q

absolutists

A

no laws means no laws> we can say and print anything

20
Q

consensus definition

A

some restrictions allowed but none simply because is unpopular

> first amendment is freedom for speech we hate

21
Q

criteria that allows government to step in against freedom of speech

A

social harm

22
Q

14 exceptions to 1st amendment

A
  1. slander/ liable
  2. violation if national security
  3. privacy
  4. contempt of court
  5. copy rites
  6. false ads
  7. certain political statements
  8. interfering with administration of justice
  9. cannot harrass hunters
  10. speech codes
  11. threats
  12. schools
  13. public officials cannot promote things in front of children
  14. compelled speech
23
Q

privacy

A

includes right to your image

24
Q

contempt of court

A

judge has right to control speech in a courtroom

25
Q

certain political statements

A

eg. plans for specific violent over throw if government leading to an imminent threat

26
Q

compelled speech

A

certain times the judge forces you to speak eg. judge forces journalist to talk

27
Q

interference with administration of justice

A

eg gauge orders prevent from wrongly influencing the jury

28
Q

schools

A

can censure student a

29
Q

what does supreme clue take into consideration when adding to this list?

A

has to have more social harm allowing then from preventing them

30
Q

problems with limiting speech

A

how you define obsence depends person to person

31
Q

previously attempted ways to define obscene

A
  • reasonable person standard
  • cost/ benefit analyst
  • societal value/ lapse test