test 3: chapter 12 Flashcards
first amendment
guarantees that Congress shall make no law restricting freedom of speech, press, or religion
Fourth estate
another term for the press, or journalism, which acts as a fourth branch of government that watches the other branches (executive, legislative, and judicial)
Clear and present danger
It is intended to incite or produce dangerous activity
It is likely to succeed in achieving the purported result
Prior restraint
The Government’s prevention of or blocking of a publication or broadcast
Only in cases of serious or grave threats to national security
NYT v. Sullivan (1964)
The most important legal decision to establish a free press in the US
Public figures cannot sue for libel unless they prove actual malice
Private citizens are simply require to show that a “reasonable person” knew or should have known the defamatory statement was false
censorship
The act of prohibiting certain expression or content
when is censorship common?
During wartime when content being reported from a battlefield may threaten national security
Content is pornographic or obscene
comic censorships
Comics Code Authority puts a seal of approval on the cover of acceptable comics
The Hays Code (1930)
Established by the movie industry to censor itself regarding nudity or glorifying antisocial acts (officials had to review and approve each film)
Indecent Content
Language or material that, in context, describes or depicts sexual of excretory organs or activities, in terms that are offensive as measured by contemporary community standards
Obscenity/Pornography
An average individual applying contemporary community standards must believe the content appeals to prurient interests
Must show or describe in an offensive manner sexual conduct
Must lack serious literary, artistic, political or scientific value
Radio Act of 1912 (1911−1926)
assigned frequencies and codes to radio stations, limiting broadcast to the 360-meter wavelength
federal radio commission (1927-1933)
The Radio Act of 1927 created the FRC to regulate airwaves base on the principle that companies had a civic duty to use airwaves responsibly
The Communications Act (1934−1995)
Airwaves are for the public good, a limited national resource that belonged to the people
Licenses were only granted to those considered “public trustees”
Established the Federal Communications Commission (FCC)
Telecommunication Act (1996)
The first major overhaul to The Communications Act of 1934
Preserved the requirement to serve in the public interest
Now also fosters competition in the communications marketplace
The Federal Communications Commission (FCC)
Established in 1934 by The Communications Act
The principal communications regulatory body at the federal level in US
Five commissioners appointed by president for five-year terms
At least two representatives of each major party were appointed to help ensure its nonpartisan nature
Allocates new broadcast radio and television stations, renews licenses of existing stations, ensuring each station is complying with laws mandated by Congress
Federal Trade Commission (FTC)
Established in 1914
The principal commerce regulatory body at the federal level
Enforces antitrust and consumer protection laws, including cases of deceptive advertising in print, electronic media, and the Internet
Equal-time rule
Candidates to use its facilities for commentaries or paid ads
Fairness Doctrine
requires broadcasters to seek out and present all sides of a controversial issue
Children’s Television Act (CTA)
limits the amount of commercial content in children’s programming and mandates that each station provide programming of educational and informational value
Intellectual property (IP)
ideas with commercial value, such as literary or artistic works, patents, trademarks, business methods, and industrial processes
Copyright
protects right to use, publish, reproduce, perform, display, or distribute a literary or artistic work, such as a piece of writing, music, film, or video
Patent
protects right to produce and sell an invention
Trademark
protects right to use a particular sign, logo, or name
