Exam 3 Flashcards

1
Q

What is core speech

A

Most important category of speech

- free speech, press, expression, political and social commentary

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2
Q

What at the two exceptions to core speech

A

Cannot induce panic

Cannot incite- speech that is intended to provoke immediate action

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3
Q

What is commercial speech

A

Advertising and it must be 100% true

  • federal trade commission oversee advertising and labels the levels of truth at misleading, deceptive, and false
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4
Q

What is indecent speech

A

Speech that depicts or describes in a reasonably offensive way sexual acts, organs, or bodily functions when kids are in the audience

-only applies to broadcast radio and TV

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5
Q

What are safe harbor hours

A

10 pm- 6 pm when broadcast radio and TV can air more adult oriented programs and materials

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6
Q

What is obscene speech

A

No national standar- determined by each community

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7
Q

What are the 3 prongs of determining obscenity?

A
  1. ) jurors decide if the material appeals to the prurient interest of the average person
  2. ) when looking at the work as a whole, is the existence of the material for the sole purpose of arousing sexual interest in life way
  3. ) laps test- is there any literal, artistic, political, or scientific value
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8
Q

What were the pentagon papers? And what were they an example of?

A

Example of prior restraint.
New York Times tried to publish classified documents from the Vietnam war in installments. Nixon people thought it was a threat to national security had judge issue injunction. NYT had to stop publishing until Supreme Court ruled it not a threat. Injection lifted but a paper was refract rained from publishing for two weeks.

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9
Q

What is libel?

A

Recorded in wording or voice record of defamation

Defamation- publish or speak provably false or injuries claims about a person’s character or business

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10
Q

What is libel per we and what are its 4 categories?

A

Use of words that in and of themselves can 1. Damage a person’s reputation

  1. ) imply criminal guilt
  2. ) dishonest business
  3. ) loose sexual morals or loathsome disease
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11
Q

What is libel per quod

A

When you don’t use damaging words but you imply or suggests orebody is doing wrong

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12
Q

What must libel plaintiffs prove to win their suit. Difference between price and public figures?

A
  1. ) show material is/was defamitory
  2. ) the material must be proven false
  3. ) they were harmed in some way (not feelings)
  4. ) private citizens must prove negligence and public figures must prove malice
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13
Q

What happened in New York Times v. Sullivan 1964

A

Decided public persons have to prove actual malice on part of the news paper.

L.B. Sullivan was Alabama director of public safety. In the New York Times some civil rights workers ran an add alluded to him and harassment claims. Sullivan won defamation in Alabama but Supreme Court said he had to prove the news paper knew the information was false and still published out of malice. Couldn’t and NYT won.

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14
Q

What are the three media defenses against a libel suit

A
  1. ) the story is true and they stand by it
  2. ) reporters privilege
  3. ) fair comment
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15
Q

What is reporters privilege

A

Meeting, proceedings, gatherings, and venues should be and are open to the public and the press. Reporters are the eyes and ears of the people so can attend and say what happened or what was said in the meeting

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16
Q

What is fair comment

A

The media are allowed to comment favorably or unfavorably on public affairs

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17
Q

What is the right to privacy?

A

Regulations and restrictions on the way story material and information is gather

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18
Q

What is intrusion

A

When the media intrudes into a private place or where they have no business being
- can’t use false pretense to enter private settings

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19
Q

What is private information

A

Publishing and dissenting private information like medial and health records, finances or a social security number

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20
Q

What is false light

A

when the media portrays a person falsely in a highly embarrassing way that is offensive to reasonable people.

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21
Q

Why isn’t false light libel

A

Is a portrayal not an assertion of facts

Is embarrassing but nobody is being harmed

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22
Q

What is a misappropriation? Give 2 examples

A

The right of publicity, to control and determine how our and/or our likeness is used for commercial purposes.

  1. ) bet mittler voice in ford ad
  2. ) Johnny Carson hey Jonny port a potty
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23
Q

What is a fair trial

A

Innocent until proven guilty, have counsel, and an unbiased jury

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24
Q

What was Shepard v maxwell 1966

A

1954 sheppards wife was murdered. Media blamed sheppard. Police arrest and tri sheppard based on media and public pressure. Jurors weren’t questions about media influence. Found guilty despite no actual evidence. Supreme Court said his trial wasn’t fair and he was acquitted. Causing Supreme Court to create guidelines for a fair trial..

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25
Q

What are the 7 guidelines for a fair trial

A
  1. ) continuance- delay in starting the trial
  2. ) change of venue- same state different city
  3. ) change of Venice- import jurors from new city
  4. ) voir dire- questioning potential jurors
  5. ) sequester- jury isolation
  6. ) judicial admonition- jury can’t discuss case w/anybody
  7. ) gag order- trial participants can’t talk about case outside the court room
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26
Q

What is voir dire

A

Questioning potential jurors. Is used to determine if potential jurors have been tainted or already bias before they are seated

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27
Q

What has the Supreme Court said about cameras in the courtroom

A

No cameras in federal courts
No automatic right to televise trials
States can decide if they allow cameras into courtrooms- ultimately individual judges decide

Press acts as surrogate eyes and ears for the public

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28
Q

What did branzburg v Hayes 1972 decide

A

Reporters do not have absolute privilege.
Reporters are still citizens and don’t get extra rights. If reporters are eye witnesses to crimes they must come to court and testify.

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29
Q

What is qualified privilege

A

When reporters in certain circumstances have different rights.
Like shield laws.

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30
Q

What are shield laws

A

Laws that protect reports and shield them from having to come to court and discuss their sources.
39 states have shield laws that are either absolut or qualified privelege

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31
Q

Since 1972 what do reporters not have on a national scale

A

Absolute privilege

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32
Q

What is the purpose of copyright laws and what is the copyright law?

A

To insure profit from intellectual property and original creative works go to the creator

As soon as an idea/property takes tangible form it belongs to you, even without registration, but if you think somebody else is infringing upon your work you cannot sue unless you are registered

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33
Q

What is the current duration of a copyright and who do have to thank for it

A

Sunny Bono

Duration is the creators life plus 70 years.

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34
Q

Name and describe the 5 rights of copyright holders

A

1.) right of display- how work is displayed
2.) right of distribution- how work is distributed
3.)rig of adaptation- how work is adapted
4.) right of copying- how work is reproduced/copied
Is the hardest to control
5.) performance rights- determine who can “publicly preform” the work

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35
Q

What are the 4 criteria used to determine if unauthorized work is covered under fair use?

A
  1. ) purpose- why was the unauthorized work used
  2. ) nature of the original work- if the work is published, not published, or public
  3. ) amount of original work used- did they use a lot of little
  4. ) effect on market place value- was the value of the original work affected
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36
Q

What was the first attempt to define the effects of mass media called and why

A

Hypodermic needle- by showing everybody the same thing the media acts like a drug injected into the subconscious of the audience and they will all react the same way

Magic bullet theory- media is a shell that is shot into the audience and to everybody the same

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37
Q

Who was Olson wells and what did he do

A

Had his theater group do a radio adaption of war of world the alien invasion. Scared everybody despite the initial disclaimer and supported the hypodermic needle theory for awhile

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38
Q

What two things did the children’s act of 1990 do?

A
  1. ) mandated local TV stations had to air at least 3 hours per week of genuine educational programming. For 30 minutes at a time between 7 am-10 pm
  2. ) limited the amount of advertising within children’s TV shows to 10.5 minutes an hour on the weekends and 12 minutes per hour on weekdays
39
Q

What is heavy viewing

A

People 5-16 years old who watch 25+ hours of TV a week

40
Q

What is dark themed content and what is suggested about heavy viewing of it

A

Crime or bloody content
Suggested: some young people who watch a lot of dark themed content over a period of time become more fearful of the world around them

41
Q

What is cultivation analysis

A

The degree to which some heavy viewers of TV start to see the world of television as reality

42
Q

What is stereotyping

A

Projecting what you see on the TV onto the public

43
Q

Does violent media content in the media cause real life aggression

A

There is no direct casual link found between media violence and real life aggression

But some young people may be more susceptible to media violence if they are more anti-social

44
Q

What is the stimulation theory

A

Media violence causes people to go out and carry out similar actions (out of the blue)

A doctoral evidence- 1 man saw a movie killed 10 people but was an anomaly

45
Q

What is the catharsis theory

A

Media triggers something in a harmless way that allows the viewer to purge and release pent up emotions

Suggests: for most people who consume violent media content it allows them to harmlessly purge their emotions

46
Q

What is the desensitization theory

A

The more violent content a person consumes over time the more desensitized they become to the violence and will need more violent and graphic content in the future-a higher dose of violence

47
Q

What is the two step flow theory of media and public theory

A

Filtering our reactions to media messages through a third party called opinion leaders

48
Q

What are opinion leaders

A

Personal or media filtered who we consider to be highly informed people
- look to them to interpret things you don’t fully understand

49
Q

What is the status confederal theory

A

The media have the power to confer a certain level of status of individuals, groups, events, and issues by giving attention to certain things
Ex.) Monica lewinsky

50
Q

What is the spiral of silence theory

A

Sometimes people are hesitant to express points of view and opinions that are contrary to those around them for fear of being ridiculed, laughed at, belittled, ostracized or made fun of

51
Q

What effect is the mass media most likely to have on people’s voting behavior

A

Reinforcement of beliefs

52
Q

What is crystallization

A

When the media brings things into sharper focus and the mind isn’t changed but is better educated

53
Q

Name and describe the four parts of the consistency theory

A
  1. ) selective exposure- only exposing themselves to media messages they already agree with
  2. ) selective perception- interpreting information how they want
  3. ) selective retention- remembering only what you want
  4. ) selective recall- remembering and sharing only what you want to pass on through conversation
54
Q

What are the three characteristics of magazines

A
  1. ) most specialized audience of all media
  2. ) most in-tune with social. Economic, and demographic trends of all media
  3. ) can influence trends
55
Q

When was the magazine boom and why

A

1860-1900
Public had more disposable income because of the industrial revolution
Printing technology advanced as faster and cheaper
Lower mailing rate

56
Q

What did the postal act of 1879 do

A

Created a Lowe mailing rate for magazines

57
Q

Who were the seven sister advent magazines

A
  1. ) McCalls
  2. ) Lady’s Home Journal
  3. ) Good House Keeping
  4. ) Red book
  5. ) Better Homes and Gardens
  6. ) Family Circle
  7. ) Women’s day
58
Q

What is muckraking

A

In the late 1800s the exposure of societal ills and injustices, social crusades investigating social injustices
Ex.) the jungle by Upton Sinclair and the conditions of the meat packing in Chicago

59
Q

What were the 3 new categories of magazines that arose between ww1 and ww2

A
  1. ) digest magazine- variety of types of articles with something for everybody
  2. ) news magazine- goes into more depth on what’s happening than newspapers only printed once a week
  3. ) pictorial magazines- lots of pictures and related articles
60
Q

What came about post war

A

Specialization

61
Q

What is the largest magazine category

A

General consumer

62
Q

Name the 5 top magazine publishers and the buyout in progress

A
  1. ) Time Incorporated
  2. ) Hearst Cooperation
  3. ) Conde Nast
  4. ) Meredith Corporation
  5. ) American Media Inc

Meredith is in a deal to buyout Time Inc for $1.84 billion

63
Q

Where does magazine revenue come from

A

50% advertising 50% circulation

64
Q

What is paid circulation

A

Pay for the privilege of reading a magazine

65
Q

What is controlled circulation

A

Publishers send magazine out to groups with particular demographics free of charge because the magazines have a special interest. Advertisers pay cost

66
Q

Name the top 2 U.S. Magazines in terms of publication

A
  1. ) AARP the magazine
  2. ) AARP the bulletin

Both are controlled circulation and sent to those a part of AARP

67
Q

Describe the book media industry

A

Smallest compared to other mass media
Very exclusive and hard to get into
Heart is in New York City
Least mass
Book is best seller if sells 125,000 copies
Doesn’t take much to be considered successful

68
Q

Name the 5 cultural values of books

A
  1. ) agents of social and cultural change
  2. ) important cultural repository
  3. ) windows of our past
  4. ) more individual and personal activity than other media
  5. ) mirrors of culture-reflect culture
69
Q

What is the key demographic of the book industry

A

College educated women 35-49 years old

70
Q

Name the 5 categories of books

A
  1. ) trade books-first edition books that appeal to some section of the general public
  2. ) professional books
  3. ) text books EL:elementary HI: highschool, college
  4. ) religious books
  5. ) mass market paper books
71
Q

Where does book revenue come from

A

Direct sales of copies and subsidiary rights

72
Q

Name the top 5 book publishers

A
  1. ) Penguin Random House
  2. ) Hachette
  3. ) HarperCollins
  4. ) Macmillian
  5. ) Simon and Schuester
73
Q

Name the top 2 book retailers

A

Amazon

Barnes and Nobel

74
Q

What does advertising do

A

Selling consumption- creating a need for a product and then sell the production to satisfy the need
Selling happiness

75
Q

What is consumer advertising

A

Advertising aimed at the public consumers

76
Q

What is business to business advertising

A

Companies advertising to other companies

77
Q

What type of ads are most of the ads you see

A

Selective brand ads

Ex.) ford

78
Q

What are primary demand ads

A

Promoting a product category

Ex.) got milk ad

79
Q

When and what was the first wave of advertising

A

1930s

Old school advertising with little creativity, product information for the general public

80
Q

When and what was the second wave of advertising

A

1960s-1970s

Creativity started with presentations and artwork. Defined consumer base and narrow cast messages

81
Q

When was the third wave of advertising

A

1980s

Emphasis on selling a package of products and life style advertising

82
Q

How are ads measured and evaluated

A
  1. ) reach-how many people receiving ad
  2. ) frequency-how often people see ad
  3. ) selectivity- message reaching intended audience
  4. ) efficiency- how much it cost to reach a certain number of people
83
Q

What is cpm and what does it measure

A

Cost Per Thousand

Measure how much it cost for an ad to reach 1,000 people

84
Q

What are psychographics

A

Categorizing people by what is important to them and where certain groups of people live, their, values, educations, and priorities

85
Q

What are VALS

A

Values and lifestyle system

86
Q

Name the three things ads do

A
  1. )Create a need for a specific product
  2. ) create a specific image the stands out and sticks in people heralds
  3. ) relate that image to the activities and lifestyles of a target audience
87
Q

What is positioning

A

Relating a specific ad image to the activities and lifestyles of a target audience

88
Q

Name the 8 persuasive ad strategies

A
  1. ) famous person/ celebrity endorsement
  2. ) plain folk- use regular people
  3. ) snob appeal
  4. ) bandwagon
  5. ) sex appeal
  6. ) hidden fear- prey on people’s inner fears
  7. ) annoyance factor- annoying sticks
  8. ) humor
89
Q

What is the difference between advertising and public relations

A

Advertising deals with a marketing function and public relations is a management function

90
Q

Name the 2 public relations failure and describe

A
  1. ) Marshall fields- bought by Macy’s bad name change made community angry
  2. ) Coca-Cola- new formula people despised
91
Q

Name the 4 aspects of public relations

A
  1. ) informing- sending information to a variety of publics
  2. ) persuading- working w/public opinion and attempting to influence it
  3. ) communicating- explains action to various publics
  4. ) management function- help a company adapt to a changing environment
92
Q

Name the 5 principals of public relations crisis communication

A
  1. ) be prepared
  2. ) be honest
  3. ) apologize and mean it
  4. ) move quickly
  5. ) communicate- don’t hold anything back
93
Q

Name the 4 ways social media impacts public relations

A
  1. ) early warning system of potential problems
  2. ) provide information on new products and services
  3. ) deal with complaints
  4. ) provide new communication between a company and its customers