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Mass Media > Chapter 14 - Media Law > Flashcards

Chapter 14 - Media Law Flashcards

1
Q

Areopagitica, written by John Milton, advances or religious argument for freedom of speech

A

1644

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2
Q

Benjamin Harris is unlicensed publick occurrences is shut down after one issue

A

1690

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3
Q

The first amendment is ratified, making the US commitment to a Free Press official

A

1791

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4
Q

John Peter Zinger is acquitted of seditious label, a step toward allowing printers to publish truthful and fair criticism of the government

A

1735

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5
Q

The Comstock law makes a wide Friday of a moral communication illegal

A

1873

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6
Q

Obscenity is defined according to contemporary community standards

A

1957

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7
Q

Oliver Wendell Holmes enunciates the “clear and present danger “ test of free speech

A

1918

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8
Q

Pentagon papers case brings about the first prior restraint of a major US newspaper

A

1971

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9
Q

Following the Janet Jackson incident, Congress and the FCC crackdown on broadcast indecency

A

2004

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10
Q

The telecommunications Act removes many of the restrictions on media ownership.

A

1996

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11
Q

Student suicide highlights the problem of online bullying and invasion of privacy

A

2010

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12
Q

Laws established in colonial America made it illegal to criticize the government or its representatives.

A

Seditious libel laws

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13
Q

Willful disobedience of the rules of the court or legislative body

A

Contempt

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14
Q

The part of the US Constitution and Bill of Rights that guarantees freedom of religion, speech, press, assembly, and petition.

A

First Amendment

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15
Q

The repeal of government rules and regulations.

A

Deregulation

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16
Q

Offense of content with possible social value

A

Indecency

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17
Q

Offense of content with no social value

A

Obscenity

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18
Q

Using an individual’s image or name without permission for commercial purposes

A

Appropriation

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19
Q

Communication that is false and injures a reputation

A

Defamation

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20
Q

Defamation that occurs in a transitory form, such as speech

A

Slander

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21
Q

Published or broadcast defamation

A

Lible

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22
Q

Reckless disregard for the truth of published, defamatory information

A

Actual malice

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23
Q

Exemption given public officials to speak without fear of being sued for libel

A

Privilege

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24
Q

Defense against a charge of lible based on opinion or criticism

A

Fair comment

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25
Q

Law that entitles the owner of the work to make and distribute reproductions of it

A

Copyright Law

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26
Q

Tendency of reporters to self-sensor because of fear of possible legal action

A

Chilling effect

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27
Q

The doctrine that allows purchasers of a copyrighted work to resell it or rent it out

A

First-sale doctrine

28
Q

Doctrine that allows the copying of a portion of a work for a noncommercial use

A

Fair use

29
Q

A word, symbol, or device that identifies sellers goods

A

Trademark

30
Q

And exclusive right granted an inventor to manufacture, use, or sell an invention

A

Patent

31
Q

Or “open meeting laws”… Laws that ensure that public meetings are conducted in the open

A

Sunshine laws

32
Q

Messages about the meaning and correct course of government

A

Political speech

33
Q

Creative work, such as painting, dance, and literature

A

Artistic speech

34
Q

What is an example of commercial speech?

A

Advertising

35
Q

Judicial command not to speak about trial proceedings

A

Gag order

36
Q

Postponement of a trial

A

Continuance

37
Q

Isolating members of a jury

A

Sequestering

38
Q

The moving of a trial to a different location

A

Change of venue

39
Q

A judges warning to jurors to consider only evidence presented in the courtroom

A

Admonition

40
Q

Is burning the American flag illegal?

A

No, the Supreme Court ruled in 1989 that burning or defacing a flag is protected free speech.

41
Q

What did John Milton’s phamplet “Aeropagitica” say in 1644?

A

Milton believed people were placed on earth to be tested, to choose for themselves between truth & falsehood.
“Let Ruth and falsehood grapple”
“Who ever knew truth put to the worse, in a free & open encounter?”

42
Q

This law banned sex education and made it illegal to send information about birth control or abortion through the mail…

A

Anthony Comstock in 1873— the Comstock Law

43
Q

Which laws did the Muckrakers help pass?

A

1) Sherman antitrust act of 1890 which limited big businessman monopolies.
2) Pure Food and Drug Act of 1906 which would lead to restrictions and went and how the media could advertise

44
Q

Federal communications commission (FCC), created by Communications Act in the year ___________

A

1934

45
Q

If a broadcast station permits one legally qualified candidate for any elective public office to use its facilities, it must afford an equal opportunity for all other legally qualified candidates for the same office.

A

Equal Opportunity Rule 1934

46
Q

This required broadcasters to provide air time for the discussion of important public issues, and to ensure that all viewpoints on those issues were covered.

A

The fairness doctrine 1949-1987

47
Q

The __________ controlled advertising messages, stepping in often to stop at something considered false and misleading.

A

Federal Trade Commission (FTC)

48
Q

The ________ fought business monopolies through antitrust actions.

A

Justice Department

49
Q

The gov’t fought AT&T on anti-trust grounds from __________ until ______?

A

1974-1982

50
Q

John Adams pushed Alien & Sedition Acts which makes it illegal to criticize the gov’t

A

1798

51
Q

This act upheld the censorship of ideas considered injurious to the war effort

A

The Espionage Act, 1917

52
Q

Made it a crime to transmit indecent & obscene material over the internet if minors could gain access to that material

A

Communications Decency Act (1996)

53
Q

Government trying to stop publication

A

Prior restraint

54
Q

This act gave the federal government expanded rights to gain access to personal and private communications. Also permits gov’t to examine more closely the books Americans buy or check out at the library

A

Patriot Act

55
Q

What does USA Patriot Act stand for?

A

Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act

56
Q

What are the 3 areas of Privacy laws?

A

1) Private Facts
2) Intrusion
3) Appropriation

57
Q

What is the Private facts privacy law?

A

Protects against the disclosure of embarrassing, sensitive personal information that is not essential to a news story

58
Q

What is the Intrusion privacy act?

A

Prevents the press from unauthorized entry when gathering news. It is designed to protect the privacy of individuals in their homes & other places where privacy would be expected

59
Q

What is the Appropriation privacy act?

A

Individuals own the right to their image & name, neither of which can be used (appropriated) without their permission, except in the reporting of news

60
Q

What are the four primary defenses against a charge of libel?

A

1) Truth -
2) The Times Rule -
3) Privilege
4) Fair Comment

61
Q

What is trade libel?

A

Defamation of a company or its products is referred to as trade liable or product disparagement.

62
Q

1893 Sony Betamax case

A

Courts ruled that video recording for private use was not an infringement of copyright but only time shifting for the user’s convenience

63
Q

This law makes it a crime to subvert or breakthrough any technology such as the firewall intended to secure a digital copies of software, literary works, videos, and music. Also, Internet service providers and website owners are required to remove infringing material if they are made aware that it has been posted.

A

Copyright act in 1998

64
Q

This act ensures open documents. Requires federal agencies to list all their documents & provide them to news agencies (& individuals) on request.

A

The Freedom of Informstion Act (FOIA) — 1966

65
Q

What is censorship?

A

Prior-restraint or prosecutions after the fact by government organizations

Mass Media (4 decks)

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