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41 Cards in this Set
- Front
- Back
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Three part rule resulting from Nebraska Press Association v. Stuart
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Intense pretrial publicity?
Alternatives to a gag order? Gag order prove effective? |
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Providence Journal Rule
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Media can disobey gag order after they first seek relief by filing an appeal with a higher court
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Dickinson Rule
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Even if a court order is later found to have been unconstitutional, you should still obey it until a higher court has had time to look at it and rule over it
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Judges can close courtrooms to press and public to:
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Restore order
Protect identity of undercover agents Protect identity of witnesses Uphold privacy of marital issues |
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Civil contempt
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disobeyance of a court order concerning what a party is ordered to do for the benefit of another party to the court proceedings
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Criminal contempt
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any act that might hinder the administration of justice or bring the court into disprect
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Direct contempt
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takes place in the presence of the court
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Indirect contempt
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takes place outside the courtroom
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Geographic contempt
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in or near the courtroom itself (1831-1918), changed back in 1941
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Casual contempt
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behavior that was near misbehavior (1918-1941)
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Ways to get cited for contempt of court:
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Creating a disturbance in the courtroom
Disobeying a court order Publishing grossly inaccurate report of court proceedings Insulting the judge Refusing to testify in court |
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Canon 3A(7) allowed use of cameras and recording devices:
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To present evidence
To perpetuate a record of what happened in court For ceremonial purposes To accommodate overflow crowd in the courtroom |
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VA cameras in the courtroom
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Allowed since 1992
No more than 2 TV cameras No more than 1 still photographer and 1 sound system Judge can interrupt or prohibit at own discretion Judge must inform all parties that electronic media will be allowed |
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Branzburg 3-part rule
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Reporter had information about specific violation of the law
Information sought can't be obtained by other means Compelling and overriding interest in information |
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Trademark
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any word, name, symbol, or device (or combination of these) used by a company to identify its goods or services and to distinguish them from those offered by other companies
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Fanciful trademark
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word coined to be a TM, such as Exxon or Kodak
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Arbitrary trademark
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customary meaning of word has nothing to do with the business, such as Four Seasons restaurant
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Suggestive trademark
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suggests what the product does, but doesn't describe the product, such as Vanish toilet cleaner
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Federal TM Dilution Act of 1995
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brought action against cybersquatters
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Service mark
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for companies that perform a service
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Collective mark
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for unions, associations, fraternities, etc.
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Certification mark
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for the kind of product that appears in or on other companies products
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Digital Millennium Copyright Act of 1998
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targeted international protection
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Three things taken in to consideration for copyright law:
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originality, creativity, novelty
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Copyright holder has the exclusive rights to:
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Reproduce the material
Produce derivative works Distribute copies Perform the copyrighted work Publicly display material |
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If your copyright has been infringed upon, you can:
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Get an injunction to prevent further infringement
Collect your attorney's fees from the defendant Get statutory damages |
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Copyright notice consists of:
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The word copyright
Year of first publication Name of copyright holder |
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Factors determining fair use of copyrighted material:
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Purpose and character of the use
Nature of the copyrighted work Amount or portion used Effect of the use upon potential market for or value of copyrighted work` |
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Plagiarize
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to take someone else's work and pass it off as your own
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Terms of copyright protection:
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Author's life + 70 years
Works for hire, corporate authors, anonymous authors: 95 years from publication or 120 years from creation (whichever is shorter) |
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Personal Attack and Right of Reply Rule
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if an attack of someone's character is made, the owner of station would have to send a notice that it occurred, along with a tape of what was said and give them time to respond, free of charge
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FCC
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5 commissioners
No more than 3 from one political party Serve 5 year terms Chairman is chosen by President, approved by Senate |
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FCC rule making
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Announce proposed new rule
Publish in Federal Register Allow time so people can digest and respond Publish it a 2nd time in Federal Register if approved |
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FCC dispute settlement
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Policy is brought about during disputes
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FCC ad hoc policy creation
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Creating policies that were not brought on by complaints
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FCC policy enforcement
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Can levy fines of any station that doesn't do what they should be doing
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FCC complaint evaluation
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Follows up on complaints to check on stations to see if their adhering to what they say they're doing; can issue cease and desist order
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FCC licensing and license renewal
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License stations but not networks; come up for renewal every 8 years
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Equal Opportunities Rule--Sect. 315
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Stations have to provided time for candidate B if they're already provided time for candidate A; newscasts are exempted
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Aspen Rule
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Presidential debates are exempt from Sect. 315A if they are sponsored by non-broadcast organizations and are held outside news organization's studios
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Candidate Access Rule--Sect. 312 (a) (7)
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Applies only to candidates of FEDERAL office; have to give some airtime to qualified candidates even if they don't want any political coverage on station
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