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
