Exam 3 Flashcards
What is core speech
Most important category of speech
- free speech, press, expression, political and social commentary
What at the two exceptions to core speech
Cannot induce panic
Cannot incite- speech that is intended to provoke immediate action
What is commercial speech
Advertising and it must be 100% true
- federal trade commission oversee advertising and labels the levels of truth at misleading, deceptive, and false
What is indecent speech
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
What are safe harbor hours
10 pm- 6 pm when broadcast radio and TV can air more adult oriented programs and materials
What is obscene speech
No national standar- determined by each community
What are the 3 prongs of determining obscenity?
- ) jurors decide if the material appeals to the prurient interest of the average person
- ) 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
- ) laps test- is there any literal, artistic, political, or scientific value
What were the pentagon papers? And what were they an example of?
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.
What is libel?
Recorded in wording or voice record of defamation
Defamation- publish or speak provably false or injuries claims about a person’s character or business
What is libel per we and what are its 4 categories?
Use of words that in and of themselves can 1. Damage a person’s reputation
- ) imply criminal guilt
- ) dishonest business
- ) loose sexual morals or loathsome disease
What is libel per quod
When you don’t use damaging words but you imply or suggests orebody is doing wrong
What must libel plaintiffs prove to win their suit. Difference between price and public figures?
- ) show material is/was defamitory
- ) the material must be proven false
- ) they were harmed in some way (not feelings)
- ) private citizens must prove negligence and public figures must prove malice
What happened in New York Times v. Sullivan 1964
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.
What are the three media defenses against a libel suit
- ) the story is true and they stand by it
- ) reporters privilege
- ) fair comment
What is reporters privilege
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
What is fair comment
The media are allowed to comment favorably or unfavorably on public affairs
What is the right to privacy?
Regulations and restrictions on the way story material and information is gather
What is intrusion
When the media intrudes into a private place or where they have no business being
- can’t use false pretense to enter private settings
What is private information
Publishing and dissenting private information like medial and health records, finances or a social security number
What is false light
when the media portrays a person falsely in a highly embarrassing way that is offensive to reasonable people.
Why isn’t false light libel
Is a portrayal not an assertion of facts
Is embarrassing but nobody is being harmed
What is a misappropriation? Give 2 examples
The right of publicity, to control and determine how our and/or our likeness is used for commercial purposes.
- ) bet mittler voice in ford ad
- ) Johnny Carson hey Jonny port a potty
What is a fair trial
Innocent until proven guilty, have counsel, and an unbiased jury
What was Shepard v maxwell 1966
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..
What are the 7 guidelines for a fair trial
- ) continuance- delay in starting the trial
- ) change of venue- same state different city
- ) change of Venice- import jurors from new city
- ) voir dire- questioning potential jurors
- ) sequester- jury isolation
- ) judicial admonition- jury can’t discuss case w/anybody
- ) gag order- trial participants can’t talk about case outside the court room
What is voir dire
Questioning potential jurors. Is used to determine if potential jurors have been tainted or already bias before they are seated
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
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.
What is qualified privilege
When reporters in certain circumstances have different rights.
Like shield laws.
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
Since 1972 what do reporters not have on a national scale
Absolute privilege
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
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.
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
What are the 4 criteria used to determine if unauthorized work is covered under fair use?
- ) purpose- why was the unauthorized work used
- ) nature of the original work- if the work is published, not published, or public
- ) amount of original work used- did they use a lot of little
- ) effect on market place value- was the value of the original work affected
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
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