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Media Law&Ethics Final
Can you name the Media Law & Ethics Answers to the Study Guide?
By
__jer
15m
195 Questions
111 Plays
111 Plays
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1st Amendment
respect/prohibit
abridge freedom of...
abridge freedom of..
abridge freedom of.
abridge freedom to
amendments
4th
6th
14th
laws
precedents, stare decisis, reactive
construction (interpret intent), proactive, masses
USSC Justices
Theories of 1st
textualist
case by case
justify infringement
privilege, self-government
Functions of 1st
Protection
Case: pamphlets, intermediate protection
Case: burn draft, intermediate protection
Case: burn flag, strict protection
Case: F the draft, strict protection
Prior Restraint
Case: gag unconstitutional
Case: presume constitutionality
Case: Composite Classification
School Censorship
Case: limit vulgar in public assembly
Case: censor newspaper if part of curriculum
Case: college print commercial press
Case: University can censor
Case: prohibit pro-drug
Case: censor online if disrupt
Fighting Words
Case: restrict utterance if equals injury
Case: restrict if provoke violence
Case: restrict if direct tendency provokes violence
Case: can't restrict symbolic if offensive
Hate Speech
Case: burn cross
Case: restrict burn cross if impending violence
True Threat: targets individual, intends real physical harm, intends fear of _______
Clear and Present Danger
Case: draft
Case: incitement
Brandenburg Incitement Test: advocate illegal force, incite illegal conduct, conduct imminent, likely produce ____ conduct
Plaintiff Libel Proof
Plaintiff Libel Proof (Fault)
Case: Public prove actual malice
Case: test urgency, source probability
Case: test urgency, source, probability 2
Case: concept of strict liability ended, need actual malice
Case: public controversy
Defense Libel
Privacy Categories
Appropriation
Excuse for news
Case: 1st statutory law
Case: 1st common law
Publication
Case: name in public record
Case: satire
False Light
Case: picture of child pedestrian hit
prove actual malice
Disseminate v Gather
right to speak doesn't = right to gather
1st /14th doesn't = access to prison
prison press = public
Private Property
not 1st access
police can't bring reporters into private/can do ride-alongs
Prejudicial Publicity
ABA Canon 35 (confessions, criminal record, witness, suggest guilt)
no photos in court
states allow photos
prohibit tv execution
Compensatory
prevent jury from being exposed to publicity
isolate jury in hotel
Controlling
Case: clear and present danger = gag
Case: murder reversed becauseof 'pattern of prejudice'
Case: deny due process v. change venue
Case: sheppard acquitted because press pressure readers, Reardon Report
Case: close pre trial
Case: open criminal trials
Case: public attend voir dire
Case: juvenile sex victim open
Confidential Sources
Case: reporters have no confidentiality
Case: promissory estoppel: promise plaintiff and uphold promise required to prevent injustice
Case: search warrant anywhere crime evidence
Contempt
protect private party = jail
Case: contempt citation stand if order resulting contempt invalid
Copyright
protecting things created for utility
Exclusive Rights
Exclusive Rights.
Exclusive Rights..
Exclusive Rights...
Exclusive Rights....
Act: extends 20 years, life plus 70; 95 years anything prior to 1978
Case: upheld Bono, Disney
Derivative Works
Case: eliminates 'sweat of brow'
Case: facts not copyright-able, expression is
Fair Use, Uses
Fair Use, limitations
Fair Use
Case: copying articles into textbooks
Case: quality not quantity
Case: Pretty Woman parody protected
Digital Millennium Copyright Act
Case: peer to peer = contributory infringer shut down
Case: distribute software intent fostering copyright infringement
Fairness Doctrine
Rule: Concerning candidates
Rule:
Case: Upheld Personal Attack
Case: right of reply law
Multiple Ownership Rule
Case: deny 45%
Candidate Access Rule
Case: access requests, refuse substantial program disruption, insufficient notice/#
Indecency
Case: 7 dirty words, safe harbor
325000
Case: fleeting explitives
Obscenity
can't distribute
Case: part obscene = all obscene, children standard
Case: reverse Hicklin
Case: 1st ruling obscenity not protected by 1st
Case: memoirs test: prurient, community standards, w/out social value
Case: current definition of obscenity
Obscenity Current Definition
Case: not of most sensitive
Case: not children
Case: social value on nat
Porn
Case: protects private possession
Case: change to persecute child, take away market
Case: exploits
Porn Acts
Case: CPPA invalid must infolve actual children
Case: COPA unconstitutional
indistinguishable from minor
Case: upheld Protect
Case: upheld CIPA, blocking software
Commercial Speech
Case: not protected by 1st
Case: editorial/political ok
Case: advertising may be protected by 1st
Case: commercial protected by 1st
Case: clearly establish commercial speech in 1st Ammenment
Case: less protected than non-commercial
Case: alcohol content labels
Case: prices of liquor
Ethics
meaning of good, right, justice, fairness
general theories
problem solving
Potter Box Principles
Aristotle
universal law
greatest happiness
justice w/out social distinctions
Potter Box Loyalties
moral acts not consequences
final result
benefit for both
Ethics Theories
rational
lazy
Hutchins Commission 3 facts
Hutchins Commission Rules
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Last Updated: Feb 16, 2017
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