Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
40 Cards in this Set
- Front
- Back
|
First Amendment
|
→Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of press; or of the people peaceably to assemble, and to petition the government for a redress of grievances
→→The meaning has grown and changed - it is based on content →→→We know the content because of court cases |
|
|
Types of Speech NOT protected by the First Amendment
|
→Sedition Expression
→Incitement to Imminent Lawless Action and Solicitations to Commit Crimes →Personal Safety →Defamation →Copyright Infringement →Morals |
|
|
Seditious Expression
|
→Promotion of rebellion against the government
→Especially wrong during war |
|
|
Personal Safety
|
→"Fighting words" and true threats
→Any words that inflict injury or trying to hurt someone else |
|
|
Defamation
|
→Libel and slander
→Not allowed to say false statements that could hurt a person's character |
|
|
Morals
|
→Obscenity and child pornography
→Obscene broadcasts are prohibited at all times |
|
|
New York Times vs. Sullivan (1964)
|
→An example of defamation
→A civil rights group put an ad in the New York Times looking for support for MLK Jr. →The ad targets the police force for doing bad things to MLK - but in the ad, the civil rights group makes false statements towards the police station and police officers →New York Times was then in trouble for slander - even though they didn't write the words they still published it |
|
|
Private or Public
|
→If Private: They had to prove three things in order for it to be liable:
→→1. Prove statement is false →→2. Damages reputation →→3. Publisher was negligent →If Public: All of the above + Actual malice |
|
|
Actual Malice
|
→The publisher knew it was false, but published it with intent anyways
|
|
|
Miller vs. California
|
→An example of morals and obscenity
→Obscenity: Something foul or repulsive - changes from one person's opinion to another →An average person applying contemporary standards - must find that the material, as a whole, appeals to the prurient interest →The material must depict or describe sexual conduct in a patently offensive way →→It also must lack serious literary, artistic, political, or scientific value |
|
|
Censorship
|
→"Prior Restrain" - legal definition of censorship
→Courts and governments cannot block any publication or speech before it actually occurs |
|
|
Pentagon Papers
|
→An example of censorship
→Daniel Ellsberg did not like the way the government deals with the military and their involvement in Vietnam →He quit his job and stole papers that gave away secrets and details about government involvement in the war - and gave the papers to New York Times →Nixon found our they were going to publish it and tried to stop it because it was a problem of national security →The Supreme Court decided Nixon couldn't do that because it was censorship - the papers stated true facts, so they had the right to print the papers |
|
|
Models of Expression and Speech
|
→Communist/State Model
→Authoritarian Model →Social Responsibility Model →Libertarian Model |
|
|
Communist/State Model
|
→Government controls and owns the press
→Government does not tolerate criticism of the government |
|
|
Authoritarian Model
|
→Agreement between journalists and the government
→They band together so that there is little criticism - press does what the government says and communicates it to the public →Very common in developing countries |
|
|
Social Responsibility Model
|
→Press is privately owned and has a lot of power
→Journalists feel the need to be socially responsible and publish the truth →Press keeps its power in check, but also needs to question the government →WATCH DOG of the government |
|
|
Libertarian Model
|
→Complete separation of government and press
→Press wants people to question their government →ABSOLUTE freedom of the press →See this mostly in Europe |
|
|
Freedom of the Press
|
→Not as typical as we might think it is in the US
→Other countries do not support freedom of expression →BUT, there are also many countries that are much more free than the US: →→Finland, Iceland, Norway, Netherlands, Sweden, Switzerland, Austria, New Zealand - we are #20 |
|
|
Ranking System
|
→How they rank the countries
→→1. If journalists are being threatened or put in more danger →→Censorship - the amount of censorship that is used →→→This even includes self-censorship |
|
|
"Absence of Malice"
|
→An example of protections against libel
→Movie about a journalist who writes a story about a popular local man who is suspected of committing murder →Could her story be charged with Actual Malice? - They investigate in order to make sure they won't sue →They end up assuming it is false because they have to think about the other options |
|
|
Copyright
|
→Protection that covers literary, scientific, and artistic work - provided that such works are fixed in tangible form
→Copyright laws grant authors exclusive rights to... →→Reproduce →→Distribute →→Perform →→Display →→Make money off their work |
|
|
Copyright Term Extensions Act of 1998
|
→Was not meant to be indefinite - only temporary
→Will then go into public domain →→1790: 14 years, renewable once →→1909: 28 years, renewable once →→1976: lifetime of author + 50 years →→1998: lifetime of author + 70 years |
|
|
Mickey Mouse Protection Law
|
→The nickname of the Copyright Term Extensions Act of 1998
→→The first show with Mickey Mouse (Steamboat Willy) was supposed to come out to public domain and the Disney Company was very worried about it →→Mickey Mouse property (Steamboat Willy) is now protected until 2023 |
|
|
Public Domain
|
→Refers to works, ideas, and information which are available for the public
→Important because this is how, as a culture, we create new works →→People who use mixed medias are at the biggest disadvantage →→→Ex: Hip-hop or directors |
|
|
Three Cases that Cause Things to go into Public Domain
|
→1. Copyright Ineligible
→2. Copyright Forfeited →3. Copyright Expired |
|
|
Disney is Somewhat Hypocritical
|
→The origin of most of their stories (including Alice in Wonderland) were all taken from a different story tat came before it
|
|
|
Fair Use
|
→You can use content without permission if you are using it for:
→→Commentary/Criticism (Parody) →→News Reporting →→Research →→Teaching →→...As long as you are not harming the market value of the original work |
|
|
SOPA (Stop Online Piracy Act)
& PIPA (Protect Intellectual Property Act) |
→One day - both Google and Wikipedia put up black screens so that no one could search anything in order to protest SOPA and PIPA
→SOPA and PIPA were going to stop people from using illegal websites to watch television shows or movies that were under copyright (this is very broad) →The debate was postponed |
|
|
For SOPA and PIPA
|
→Hollywood supported both SOPA and PIPA - because their copyrighted television shows and movies would not be illegally watched
|
|
|
Against SOPA and PIPA
|
→Google was against both SOPA and PIPA - because their website relies on user generated content - and in the end, they would be responsible for what their users uploaded
|
|
|
"Seven Dirty Words"
|
→Challenged the definition of "obscene"
→George Carlin broadcasted "Seven Dirty Words You Can't Say On Television" on an FM broadcast station →A man and his son heard it and thought it was wrong →FCC vs. Pacifica - indecency is different |
|
|
FCC Definition of Indecency
|
→Depicts or describes sexual excretory organs or activities - in terms patently offensive as measured by contemporary community standards for the broadcast medium
→The sex act doesn't actually have to be shown, you can just be talking about it →Indecency and obscenity ONLY apply to sex |
|
|
FCC Regulation of Indecency
|
→Protected by 1st amendment and cannot be banned entirely
→→FCC only respond to people's complaints →Cannot be broadcasted during times of the day when children may be in the audience - can only show content at certain times of the day →Right now only broadcast TV and radio can be fined for indecency |
|
|
Safe Harbor
|
→10pm - 6am
→Time that is safe from being fined for indecency |
|
|
Ethical Considerations
|
→Free Speech/Assembly vs. Humanity
→Free Speech vs. Privacy →Free Speech vs. "Common Good" →Free Speech vs. Protection of Children |
|
|
Free Speech/Assembly vs. Humanity
|
→If we agree with free speech, this means we have to agree with speech that is hateful
|
|
|
Free Speech vs. Privacy
|
→Ex: Britney Spears's meltdown - journalists attacked her during this time
→Ex: Kate Middleton had photos taken of her at a private location while she was topless - the royal family is stating that it was an attack on her privacy |
|
|
Free Speech vs. "Common Good"
|
→Journalists can get info that is newsworthy, but it could put people at risk by publishing it
→→Ex: Publisher at Wikileaks published anything - even if it was not for the "public good" →→→Released documents stating what was going on in Iraq and created problems for our national security |
|
|
Free Speech vs. Protection of Children
|
→Ex: Gremlins & Indiana Jones and the Temple of Doom
→→Both of these movies were targeted towards children and had gross scenes that would not be good for children →→The Motion Picture Association of America started to self-regulate |
|
|
Self-Regulation
|
→Gremlins started the need for PG-13 movies
→Started ranking movies more carefully |
