Ch2- Jourmalism Choices Flashcards
What does FOIA not replace?
FOIA does not replace the job of reporting. Develop your Own sources in govt. Be trusting and accurate. Do NOT wait on pending FOIA requests
What is FOIA what does it mean ?
Freedom of information act. Facilitates access to govt info. Information on executive branch not leg. Or judicial
What is an unnamed source who discloses secrets especially official information to the news or media
Leaker
A person who has knowledge of and reports illegal or immoral activities
Whistleblower
What is burden of proof?
Responsibility is placed on a party to prove or disprove a faction dispute
Strict scrutiny
Most rigorous form or judicial review. Courts weigh govt interest against a constitutional right or principle
Least restrictive means
There cannot be a less harmful to effectively achieve the good(least harmful way to create a law)
Presumptively unconstitutional
Under strict scrutiny a govt action is assumed to be unconstitutional. Burden of proof is on the govt
Why do we protect sources ?
We protect sources for legal and ethical reasons. Builds trust, code of ethics
Prevents a party from withdrawing a promise made to a second party if the 2nd party has reasonably relied on that promise
Promissory estoppel
What is an order to stand before court?
Subpoena
What can the first amendment not regulate ?
It cannot regulate freedom of expression
What is the grand jury?
Legal body empowered to investigate potential criminal conduct & determine whether criminal charges should be brought
Absolute privilege
An absolute privilege will always protect a journalist from having to disclose any information. (Sources too)
Qualified privilege
More common as states aim to strike an interest between reporter rights and legal needs
shield laws
40 states have them, federal govt does not.level of protection varies by state. Some protect in civil but not criminal. Some protect in both
What is property?
In legal terms it is the right to exclude someone for your property
What is exclusive?what is lease?
Exclusive is ownership, lease is license
Intellectual property
A product of your own mind, this can be protected under copyright law
What can be copyrighted?
Protect an original work of authorship in any tangible media of expression
Trademark
Words or symbols that signify a source of goods
Affirmative defense
If you must prove various points in a case
Copyright case: what must the plaintiff prove?
They must prove they had the original idea first and it was copied by someone else(defendant)
51 percent more likely then not
What must you do with copyright?
You must register it at US Copyright office
What is derivative work?
Adding details or things to a copy
What cannot be copyrighted?
Facts cannot be copyrighted
Scenes a fair
Typical scenes In a story. Such as big meets girl, mythical creates etc.
What is idea/expression dichotomy
Ideas cannot be copyrighted. Only expressions can be copyrighted. Not the facts of the story. You may copy right the way words are put together
Types of evidence
Witness
Documents
Things (gun, comparisons )
Direct evidence
See it, hear it,speaks for itself
Indirect
Substantial similarity
Striking similarity
Way to prove actual copying
Negating defenses
Not original
Not unauthorized- has permission
First sale doctrine
First sale doctrine
Doctrine permits the purchaser of a legal copy of a copyrighted work to treat copy in anyway desired as long as the copyright owners exclusive rights are not infringed
Library of congress
U.S. Copyright office location
