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60 Cards in this Set
- Front
- Back
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Journalists are more likely to be compelled to testify about _________.
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Crimes they witnessed
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All of the following currently represent after-merger telecommunications giants except:
A. SBC B. CenturyLink C. New AT&T D. Verizon |
A. SBC
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This case concluded that there is no constitutional protection for news gathering that involves trespass and fraud.
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Food Lion v. Cap Cities/ABC
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Which of the following cannot be claimed as FOIA exemption in not providing requested information?
A. Trade Secret B. National Security C. Records of Financial Institutions D. Public Interest |
D. Public Interest
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"New communication technologies" are generally recognized as those developed subsequent to _____.
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Broadcast Television
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This case established that liability can be found when journalists break promises of confidentiality to sources.
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Cohen v. Cowles Media
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T/F: The two most common defenses in invasion of privacy cases are newsworthiness and consent.
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True
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What is the 2 step process that determines whether the press is liable for invasion of a person's privacy?
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1. Has the news gathering or publishing violated individual's rights?
2. Is the press "privileged" under the First Amendment |
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Areas of Privacy Law
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- Intrusion upon a person's seclusion or solitude
- Appropriation of a person's name or likeness - Public disclosures of embarrassing privates facts - Publicity which places a person in a false light |
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Three most common types of Intrusion
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1. Trespass
2. Secret Surveillance 3. Misrepresentation |
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T/F: The courts have consistently refused to recognize any "right of publicity."
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False
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T/F: The home gets the highest protection from the courts in regard to intrusion.
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True
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T/F: The State of Indiana does not allow still or video cameras in trial courtrooms.
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True
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T/F: State shield laws generally do not apply in federal court.
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True
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T/F: The Supreme Court has not ruled on whether the First Amendment right of access applies to juvenile proceedings.
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True
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T/F: The U.S. Supreme Court has ruled that "must carry rules" unconstitutionally infringe on cable operators First Amendment rights.
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False
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T/F: Federal courts have ruled that the journalist-source privilege is equivalent to doctor-patient, attorney-client and priest-penitent testimonial privileges.
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False
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T/F: The FOIA applies to more than 100 named agencies, Congress, federal courts and the president's staff.
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False
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T/F: Indiana has a very strong, absolute, unconditional privilege that protects all sources including non-confidential sources.
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True
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T/F: An FCC blackout rule permits a professional sports team to require a cable operator to black out the local telecast of a local sports event involving that team if tickets to the event are not sold out.
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True
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Legal protection afforded to reporters who do not want to testify in judicial proceedings or be forced to turn over work materials is commonly known as reporter's ______.
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privilege
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If a local commercial television stations elects ______ ______ status, it is entitled to insist on cable carriage in its local market.
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must carry
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____ ________ is a network design paradigm that argues for broadband network providers to be completely detached from what information is sent over their networks.
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Net neutrality
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__________is different from other types of invasion of privacy in that it concerns gathering information, rather than publishing it.
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Intrusion
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If a person gives _____, _____, or _____ consent to the publication of material, that person could not later claim an invasion of privacy.
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written, oral, implied
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What is reporter's privilege?
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Legal protection afforded to reporters who do not want to testify in judicial proceedings or be forced to turn over work materials.
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3 types of subpoenas
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- subpoena to reveal confidential sources
- subpoena to testify - subpoena to produce unpublished notes, photos, outtakes and other news gathering materials |
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How to respond to a subpoena
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- do not ignore it
- seek legal assistance - don't destroy news gathering materials - you have the right to challenge the subpoena in court before complying with it |
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9 FOIA Exemptions:
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1. documents classified for national security
2. Internal personnel rules and practices 3. Documents exempted by statute 4. Trade secrets 5. Inter/intra-agency materials (executive privilege) 6. Personnel and medical records 7. Records "compiled for law enforcement purposes" 8. Information used in regulating financial institutions (bank examination reports) 9. Geological information about oil wells, water resources |
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2 main types of FOI Law
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- open records law
- open meetings law |
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3 Common Exemptions for Open Meetings
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- discussion of personnel matters
- discussion of individual students - discussion of ongoing or contemplated legal proceedings |
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3 Common Exemptions for Open Records
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- some personnel records (hiring/firing/disciplinary records)
- information that could jeopardize national security - disclosure of police techniques; undercover agent identities |
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Areas of privacy law
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- Intrusion upon seclusion
- Appropriation - Public disclosures of embarrassing private facts - Publicity which places a person in a false light |
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Appropriation
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Others are prevented from using a person's name or identity for commercial gain
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Defense for Misappropriation
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Consent
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5 things considered public facts
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- birth date
- suicides - divorces - accidents - fires |
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Defenses for public facts
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- Newsworthiness
- Consent - |
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Off the record
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can't use info
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On Background
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not attributed / unable to figure out who it could be
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Deep background
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not attributed / unable to figure out who it could be
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Not for attribution
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not attributed
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On the record
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cited
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Net Neutrality
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A network design paradigm that argues for broadband network providers to be completely detached from what information is sent over their networks.
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Turner Broadcasting System v. FCC
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The Court drew a distinction between content-based and content-neutral regulations and upheld the constitutionality of the must-carry rules, which require cable systems to carry local broadcast programming.
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Food Lion v. Cap Cities/ABC
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A supermarket chain that was unhappy with a television news magazine segment on its food preparation practices sued, not for libel, but because of the techniques used in gathering the information.
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Cox Broadcasting Corp. V. Cohn
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The Supreme Court held that the news media are not liable for publication of personal information, even if the media violate a state statue designed to protect rape victims, if they "merely give further publicity to information about the plaintiff which is already public."
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Branzburg v. Hayes
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Paul Branzburg wrote a story about two hashish dealers in Louisville he called "Larry" and "Jack" who told him about their lives in the drug trade. He wrote another story that included interviews with several drug users in Frankfort, the state capital. The sources ranged from a 14-yr-old student to a state employee. Both stories resulted in grand jury subpoenas seeking Branzburg's testimony about his sources, which he resisted, citing Kentucky's shield law for reporters.
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Cohen v. Cowles Media Co.
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The Supreme Court determined that the First Amendment did not bar sources from suing news organizations for revealing their identities.
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Richmond Newspapers v. Virginia
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That the press and public have a First Amendment right to attend criminal trials.
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Chandler v. Florida
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Permits states to open their courtrooms to cameras, it does not require them to do so.
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Department of Justice v. Reporter's Committee for Freedom of the Press
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The Supreme Court reacted to a long-standing concern about the threat that computers pose to personal privacy; the court reasoned that computers have obliterated traditional barriers of time and space that once afforded individuals a measure of distance from their official past.
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What are the rationales for the government's regulation of the cable industry?
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citizens rely on information and political participation from the cable industry
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What level of First Amendment protection does cable enjoy?
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they have to deal with both federal and local regulations.
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What effect on the cable industry did the Cable Communications Policy Act of 1984 have?
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restricted the ability of local franchise authorities to regulate cable rates.
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What effect on the cable industry did the Cable Television Consumer Protection and Competition Act of 1992 have?
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directed the FCC to impose ownership limits to make sure cable operators won't have so much power as gatekeepers that they are able to prevent unpopular views from being heard.
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What effect on the cable industry did the Telecommunications Act of 1996?
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permits any firm to offer local phone service, internet, online banking, etc. even though cable lines were already in 2/3 of american homes.
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What are the rules regarding must carry and retransmission consent?
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must carry: must carry all local broadcast signals
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How has the Internet redefined communication law and regulation?
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crowd interaction, publishing power
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How has the government historically regulated the telephone industry?
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"wired" easy to listen to
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What are some cases in which the U.S. Supreme Court addressed Internet free speech?
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- Reno v. ACLU
- Ashcroft v. ACLU - Ashcroft v. Free Speech Coalition - U.S. v. American Library Association - Ashcroft v. ACLU |
