Chapter 14 - Media Law Flashcards
Areopagitica, written by John Milton, advances or religious argument for freedom of speech
1644
Benjamin Harris is unlicensed publick occurrences is shut down after one issue
1690
The first amendment is ratified, making the US commitment to a Free Press official
1791
John Peter Zinger is acquitted of seditious label, a step toward allowing printers to publish truthful and fair criticism of the government
1735
The Comstock law makes a wide Friday of a moral communication illegal
1873
Obscenity is defined according to contemporary community standards
1957
Oliver Wendell Holmes enunciates the “clear and present danger “ test of free speech
1918
Pentagon papers case brings about the first prior restraint of a major US newspaper
1971
Following the Janet Jackson incident, Congress and the FCC crackdown on broadcast indecency
2004
The telecommunications Act removes many of the restrictions on media ownership.
1996
Student suicide highlights the problem of online bullying and invasion of privacy
2010
Laws established in colonial America made it illegal to criticize the government or its representatives.
Seditious libel laws
Willful disobedience of the rules of the court or legislative body
Contempt
The part of the US Constitution and Bill of Rights that guarantees freedom of religion, speech, press, assembly, and petition.
First Amendment
The repeal of government rules and regulations.
Deregulation
Offense of content with possible social value
Indecency
Offense of content with no social value
Obscenity
Using an individual’s image or name without permission for commercial purposes
Appropriation
Communication that is false and injures a reputation
Defamation
Defamation that occurs in a transitory form, such as speech
Slander
Published or broadcast defamation
Lible
Reckless disregard for the truth of published, defamatory information
Actual malice
Exemption given public officials to speak without fear of being sued for libel
Privilege
Defense against a charge of lible based on opinion or criticism
Fair comment
Law that entitles the owner of the work to make and distribute reproductions of it
Copyright Law
Tendency of reporters to self-sensor because of fear of possible legal action
Chilling effect
The doctrine that allows purchasers of a copyrighted work to resell it or rent it out
First-sale doctrine
Doctrine that allows the copying of a portion of a work for a noncommercial use
Fair use
A word, symbol, or device that identifies sellers goods
Trademark
And exclusive right granted an inventor to manufacture, use, or sell an invention
Patent
Or “open meeting laws”… Laws that ensure that public meetings are conducted in the open
Sunshine laws
Messages about the meaning and correct course of government
Political speech
Creative work, such as painting, dance, and literature
Artistic speech
What is an example of commercial speech?
Advertising
Judicial command not to speak about trial proceedings
Gag order
Postponement of a trial
Continuance
Isolating members of a jury
Sequestering
The moving of a trial to a different location
Change of venue
A judges warning to jurors to consider only evidence presented in the courtroom
Admonition
Is burning the American flag illegal?
No, the Supreme Court ruled in 1989 that burning or defacing a flag is protected free speech.
What did John Milton’s phamplet “Aeropagitica” say in 1644?
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?”
This law banned sex education and made it illegal to send information about birth control or abortion through the mail…
Anthony Comstock in 1873— the Comstock Law
Which laws did the Muckrakers help pass?
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
Federal communications commission (FCC), created by Communications Act in the year ___________
1934
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.
Equal Opportunity Rule 1934
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.
The fairness doctrine 1949-1987
The __________ controlled advertising messages, stepping in often to stop at something considered false and misleading.
Federal Trade Commission (FTC)
The ________ fought business monopolies through antitrust actions.
Justice Department
The gov’t fought AT&T on anti-trust grounds from __________ until ______?
1974-1982
John Adams pushed Alien & Sedition Acts which makes it illegal to criticize the gov’t
1798
This act upheld the censorship of ideas considered injurious to the war effort
The Espionage Act, 1917
Made it a crime to transmit indecent & obscene material over the internet if minors could gain access to that material
Communications Decency Act (1996)
Government trying to stop publication
Prior restraint
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
Patriot Act
What does USA Patriot Act stand for?
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act
What are the 3 areas of Privacy laws?
1) Private Facts
2) Intrusion
3) Appropriation
What is the Private facts privacy law?
Protects against the disclosure of embarrassing, sensitive personal information that is not essential to a news story
What is the Intrusion privacy act?
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
What is the Appropriation privacy act?
Individuals own the right to their image & name, neither of which can be used (appropriated) without their permission, except in the reporting of news
What are the four primary defenses against a charge of libel?
1) Truth -
2) The Times Rule -
3) Privilege
4) Fair Comment
What is trade libel?
Defamation of a company or its products is referred to as trade liable or product disparagement.
1893 Sony Betamax case
Courts ruled that video recording for private use was not an infringement of copyright but only time shifting for the user’s convenience
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.
Copyright act in 1998
This act ensures open documents. Requires federal agencies to list all their documents & provide them to news agencies (& individuals) on request.
The Freedom of Informstion Act (FOIA) — 1966
What is censorship?
Prior-restraint or prosecutions after the fact by government organizations
