final Flashcards
What does Bivins claim is “one of the chief obstacles to moral decision making”?
The attitude that professional ethical codes are crafted by people who don’t understand the realities of working professionals.
Which of the following is not a duty shared by all mass media?
duty to shared goals
What does Bivins claim is the primary goal of news media?
to bring the public information that both informs and interest them
What, according to Bivins, is the primary goal of advertising?
to sell a product
Which of the following is false? (media influence)
according to Bivins, the media do not influence society, they only reflect it
Which of the following is false, according to Bivins? (moral buck)
moral buck passing is the exception rather than the rule in complex organizations
Which of the following is false, according to Bivins? (Newsweek)
Newsweek should be held strictly accountable for the suicide of Admiral Boorda
With which of the following does Bivins agree? (client loyalty)
client loyalty generally supercedes loyalty to third parties for both advertising and public relations
Which of the following is false, according to Bivins? (moral obligations)
personal, professional, and societal moral obligations are interchangeable; decisions made using one automatically apply at the other levels
Which of the following is not true, according to Bivins? (codes)
Codes are typically organization specific.
Which of the following is true, according to Bivins? (key to moral decision making)
the key to moral decision making is to act from a perspective of care for others, and from a sense of obligation to serve rather than to prevail
theories that deal with rules or duties, also referred to as non-consequential theories
deontological
Which of the following is not an example of non-consequentialism?
using a police scanner to avoid getting a speeding ticket
(not running a rape victim’s name in an article)
(a company policy never to alter or manipulate photos)
(keeping the 10 commandments)
Which of the following is not an application of the Categorical Imperative?
Those who legislate the laws are not subject to them
categorical imperative
an unconditional moral obligation that is binding in all circumstances and is not dependent on a person’s inclination or purpose
theories that contend that the moral rightness of an action can be determined by looking at its consequences, according to Bivins
consequential
Which philosopher is most identified with deontological (or duty-based) ethics, and his use of the categorical imperative?
Kant
Which philosopher is most identified with utilitarianism, or the belief that we should always act to produce the greatest good for the greatest number of people?
Mill
Which philosopher is most identified with virtue ethics and his use of the Golden Mean?
Aristotle
Which of the following is not identified with virtue ethics?
actions have true moral worth only when they spring from recognition of a duty and a choice to discharge it
Which of the following is inaccurate about public journalism? (its position)
Its position is that objectivity and providing information are the proper role and product of the media
Which of the following best describes journalism? (how it acts)
It acts paternalistically, but also takes the desires of the public into account by entertaining them with what they want.
Which of the following is not true, according to Bivins? (ad council)
The work of the Advertising Council does not qualify as pro bono work.
Which of the following is false, according to Bivins (journalists value autonomy and libertarian)
Because journalists value autonomy and the libertarian perspective, they would welcome licensing to establish their professional credibility.
False about journalists and clients.
Journalists have customers, not clients.
False about advocacy and the Agency Model?
The Agency model and Advocacy ideology is shown by Bivins to successfully absolve advertisers and public relations from ethical responsibility for their client directed actions.
True about services professionals provide.
Professions generally provide services that are vital to the organized function of society.
What does the process of an occupation becoming professionalized not include?
freedom from the need to be licensed, credentialed, or certified
False about the Fiduciary model
Bivins concludes about the Fiduciary model that it is not a good model professional communicators.
False about norms a professional assumes
Being a professional, one assumes different but not enhanced ethical norms than societal norms.
Why does journalism have an “equivocal status” as a profession?
People can be journalists even if they have not received training as journalists.
What does Bivins disagree with about harm
Even if harm is done in the service of a greater good, it is not an acceptable side affect.
True about withholding a publication.
the test for withholding a publication should be to weight the public need to know against the principle to avoid harm
true about ghostwriters
it is ethically problematic for a ghostwriter to distort a communicator’s character and sentiment
false about client confidentiality
it is not ethically acceptable to violate client confidentiality, even when the client has done something that would harm the reputation and credibility of the communications professional
Bivins does not suggest the following for mitigating harm in advertising and PR
assume that the ultimate determinant for the advocate’s behavior is what the client wants
false about deception
deception in the name of the public’s right to know (as in undercover journalism) is unquestionably ethical because of its higher purpose
false about caveat emptor
caveat emptor assumes that an intelligent consumer will not be able to discern nuances in messages
false about legal vs ethical
being legal necessarily means being ethical
true about ambiguity in ad and PR
ambiguity in advertising and public relations is usually intentional
Compared to members of the public, how much access to documents, records, and news event sites do journalists have?
the same
When it comes to recording face-to-face conversations, the majority of US states are…
“one-party” states
How long does a federal agency have to respond to a Freedom of Information Act (FOIA) request?
20 working days
Who may use the FOIA to request federal government records?
any US citizen
The right of journalists to be on-location at the site of news events is
not clearly established
Misrepresentation is both an ethical and a legal problem that may arise when reporters…
hide the fact that they work for a media outlet, hide the nature of the story they are developing, hide recording devices
the majority of federal courts… (protecting reporters)
protect reporters from revealing information by using a qualified First Amendment privilege
Potter is a reporter for Channel 10. Potter interviews Granger about a group that robs elderly people’s houses in the community. Potter says Granger’s name will not appear in the story. But the Channel 10 news producer insists Granger’s name be part of the story. After Granger hears the story, Granger sues Potter, the news producer, and Channel 10 for breaking Potter’s promise. Granger will
win because the US Supreme Court and other courts have said the First Amendment does not protect reporters who break confidentiality promises
Shield laws are intended to protect the identity of
news sources
The Supreme Court’s three-part test rejects the protection of reporter’s privilege when a reporter is likely to have
possession of information of significant interest, clearly relevant to a legal proceeding that cannot be obtained by alternate means
state shield laws…
vary both in the nature of the protection they provide and the individuals they shield
the sixth amendment guarantees criminal defendants…
a speedy, public, impartial trial by one’s peers in the locale of the crime
If a journalist refuses to name confidential sources, a court may cite the reporter with
contempt of court
Jurors are not impartial if they…
have their minds made up before the trial starts
In Sheppard v Maxwell, the Supreme Court held that
judges must protect the fair trial rights of a defendant by controlling the trial process, including media coverage
Before closing a presumptively open court proceeding, a judge should establish that…
openness poses a threat to a fair process, no alternate to closure would assure fairness with less harm to public access, closure will be effective and narrowly tailored to maximize openness while protecting a fair judicial process
(T or F) When a judge gives instructions and warnings to jurors about how to deliberate and reach a verdict, this is called voir dire.
False!
In applying the journalist’s privilege, most courts have…
not precisely defined “journalist” in spite of the efforts of some courts to do so
(T or F) The majority opinion in Branzenburg v Hayes clearly established a reporter’s privilege protected by the First Amendment free press clause.
False
Restraining orders are…
often called gag orders
Which of the following is not a rationale for regulating broadcast communication?
broadcasters have proven themselves unworthy of public trust and so must be controlled
True regarding political broadcasting rules?
The “equal opportunities rule” requires that legally qualified candidates for federal office be given the same access to broadcast facilities as their opponents.
The Federal Communications Commission regulates
broadcast radio and television
Which of the following is the most important justification courts use to defend broadcast regulation?
spectrum scarcity
Section 315 (political broadcasting and cablecasting) is in effect
all the time
Ramon is the Democratic candidate for governor. He purchases 60 seconds of time on Channel 3 and runs a campaign ad two weeks before the general election. Alycia is the Green Party candidate for governor. She asks Channel 3 to sell her a minute of time. Channel 3’s general manager…
must sell Alycia 60 seconds of time
Generally speaking, how does the FCC justify its regulations?
it is working in the public interest
obscenity
depictions of patently offensive sexual conduct that violates the community standard and lacks serious literary, artistic, political, or scientific value
What is the core value in diverse ownership of broadcast stations?
It leads to diverse viewpoints in programming.
profanity definition
language so grossly offensive it amounts to a nuisance
A group of citizens in the State of Zipzap gets enough valid signatures on a petition to put a referendum on the ballot that would require the state legislature to adopt a state holiday on Charles Dickens’ birthday. An all-news radio station sells advertising time to those who favor the holiday, but refuses to sell time for advertisements against the holiday. The anti-Dickens group tells the station manager that under Section 315, the manager must give the group equal opportunity. Who is correct, and why?
the station, because Section 315 does not apply to ballot issues, only political candidates
(T or F) Cable television regulation is in the hands of the city governments exclusively; the US Congress has adopted no cable television laws.
False.
(T or F) The Supreme Court has ruled that must-carry rules for cable are content-neutral because they do not dictate specific programming.
True
Section 315 of the Communications Act of 1934
requires broadcast stations and cable systems to make equal opportunities available to legally qualified candidates for the same political office
A week before the general election, John, a legally qualified candidate for mayor, is asked to make a free appearance on a radio station’s Saturday morning children’s book program. John does so and reads from “Charlotte’s Web.” Sara, a legally qualified candidate for mayor, demands time from the station. The station manager…
need not give Sara any time, because John did not purchase an advertisement
What is FirstNet?
a broadband network dedicated exclusively to the public safety community
indecency
depictions of patently offensive nudity or excretory organs
(T or F) The US Supreme Court held that the Internet has full First Amendment protection, similar to print media.
True
(T or F) On-the-spot coverage of bona fide news events is an exception to the use rule under Section 315.
True
The reason the FCC can regulate cable is because is uses the spectrum to broadcast its signals, just as broadcasting does.
False
a work is copyrighted when…
it is created
Which of the following may be protected by copyright?
a story published on a newspaper’s front page
(scientific discoveries)
(historical events)
Sandy, a reporter for KSOX-TV, videotapes a fire in a downtown store and includes a portion of the tape in a story aired on the 10 p.m. news. KSOX…
owns the tape’s copyright
The videotape made by the KSOX crew in the other question is called a…
work made for hire
To sue for copyright infringement under the current US copyright law, a copyright holder must
register the copyright before suing
In copyright law, the term “fair use” means
the most commonly used defense against charges of copyright infringement
Usually, the most important consideration when a court determines whether using copyrighted material without permission constitutes fair use is…
the impact on the copyrighted work’s market value
The most distinctful category of trademarks
fanciful marks
trademark tacking
allows a trademark owner to slightly alter a trademark without abandoning ownership of the original mark
Are photography and filming of actual events copyrightable?
yup.
Correct about copyright holders’ rights?
copyright holders retain exclusive rights to reproduce, distribute, and perform their copyrighted works
(T or F) a word, name, or symbol must be distinctive to be eligible for a trademark
True
(T or F) dilution is using a well-known trademark without permission in a way that disparages the mark
True
(T or F) the law does not give copyright protection to words and phrases, including advertising slogans and titles of books, movies, and television programs. These lack sufficient originality to qualify for copyright protection. However, a trademark can protect these creations.
True
correct about copyright owners’ rights
the rights of copyright owners are separate and distinct from each other
(T or F) any one of the four factors for determining fair use may, in isolation, defeat a fair use defense
False
What is the constitutional purpose of legal protections for patents and copyrights?
to provide an incentive so society can progress
Which is the following is the proper subject matter for copyright protection?
a poet has scratched out a few notes on a napkin during lunch, and he intends to use the notes in composing his next long poem
(T or F) The US Supreme Court has ruled that the First Amendment allows downloading current music recordings from the Internet without permission.
False
(T or F) A work must be published and distributed to have copyright protection.
False
