Exam 3 Flashcards

(93 cards)

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
What are the 7 guidelines for a fair trial
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
26
What is voir dire
Questioning potential jurors. Is used to determine if potential jurors have been tainted or already bias before they are seated
27
What has the Supreme Court said about cameras in the courtroom
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
28
What did branzburg v Hayes 1972 decide
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.
29
What is qualified privilege
When reporters in certain circumstances have different rights. Like shield laws.
30
What are shield laws
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
31
Since 1972 what do reporters not have on a national scale
Absolute privilege
32
What is the purpose of copyright laws and what is the copyright law?
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
33
What is the current duration of a copyright and who do have to thank for it
Sunny Bono | Duration is the creators life plus 70 years.
34
Name and describe the 5 rights of copyright holders
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
35
What are the 4 criteria used to determine if unauthorized work is covered under fair use?
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
36
What was the first attempt to define the effects of mass media called and why
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
37
Who was Olson wells and what did he do
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
38
What two things did the children's act of 1990 do?
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
What is heavy viewing
People 5-16 years old who watch 25+ hours of TV a week
40
What is dark themed content and what is suggested about heavy viewing of it
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
What is cultivation analysis
The degree to which some heavy viewers of TV start to see the world of television as reality
42
What is stereotyping
Projecting what you see on the TV onto the public
43
Does violent media content in the media cause real life aggression
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
What is the stimulation theory
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
What is the catharsis theory
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
What is the desensitization theory
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
What is the two step flow theory of media and public theory
Filtering our reactions to media messages through a third party called opinion leaders
48
What are opinion leaders
Personal or media filtered who we consider to be highly informed people - look to them to interpret things you don't fully understand
49
What is the status confederal theory
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
What is the spiral of silence theory
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
What effect is the mass media most likely to have on people's voting behavior
Reinforcement of beliefs
52
What is crystallization
When the media brings things into sharper focus and the mind isn't changed but is better educated
53
Name and describe the four parts of the consistency theory
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
What are the three characteristics of magazines
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
When was the magazine boom and why
1860-1900 Public had more disposable income because of the industrial revolution Printing technology advanced as faster and cheaper Lower mailing rate
56
What did the postal act of 1879 do
Created a Lowe mailing rate for magazines
57
Who were the seven sister advent magazines
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
What is muckraking
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
What were the 3 new categories of magazines that arose between ww1 and ww2
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
What came about post war
Specialization
61
What is the largest magazine category
General consumer
62
Name the 5 top magazine publishers and the buyout in progress
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
Where does magazine revenue come from
50% advertising 50% circulation
64
What is paid circulation
Pay for the privilege of reading a magazine
65
What is controlled circulation
Publishers send magazine out to groups with particular demographics free of charge because the magazines have a special interest. Advertisers pay cost
66
Name the top 2 U.S. Magazines in terms of publication
1. ) AARP the magazine 2. ) AARP the bulletin Both are controlled circulation and sent to those a part of AARP
67
Describe the book media industry
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
Name the 5 cultural values of books
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
What is the key demographic of the book industry
College educated women 35-49 years old
70
Name the 5 categories of books
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
Where does book revenue come from
Direct sales of copies and subsidiary rights
72
Name the top 5 book publishers
1. ) Penguin Random House 2. ) Hachette 3. ) HarperCollins 4. ) Macmillian 5. ) Simon and Schuester
73
Name the top 2 book retailers
Amazon | Barnes and Nobel
74
What does advertising do
Selling consumption- creating a need for a product and then sell the production to satisfy the need Selling happiness
75
What is consumer advertising
Advertising aimed at the public consumers
76
What is business to business advertising
Companies advertising to other companies
77
What type of ads are most of the ads you see
Selective brand ads | Ex.) ford
78
What are primary demand ads
Promoting a product category | Ex.) got milk ad
79
When and what was the first wave of advertising
1930s | Old school advertising with little creativity, product information for the general public
80
When and what was the second wave of advertising
1960s-1970s | Creativity started with presentations and artwork. Defined consumer base and narrow cast messages
81
When was the third wave of advertising
1980s | Emphasis on selling a package of products and life style advertising
82
How are ads measured and evaluated
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
What is cpm and what does it measure
Cost Per Thousand | Measure how much it cost for an ad to reach 1,000 people
84
What are psychographics
Categorizing people by what is important to them and where certain groups of people live, their, values, educations, and priorities
85
What are VALS
Values and lifestyle system
86
Name the three things ads do
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
What is positioning
Relating a specific ad image to the activities and lifestyles of a target audience
88
Name the 8 persuasive ad strategies
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
What is the difference between advertising and public relations
Advertising deals with a marketing function and public relations is a management function
90
Name the 2 public relations failure and describe
1. ) Marshall fields- bought by Macy's bad name change made community angry 2. ) Coca-Cola- new formula people despised
91
Name the 4 aspects of public relations
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
Name the 5 principals of public relations crisis communication
1. ) be prepared 2. ) be honest 3. ) apologize and mean it 4. ) move quickly 5. ) communicate- don't hold anything back
93
Name the 4 ways social media impacts public relations
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