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33 Cards in this Set
- Front
- Back
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FCC Licensing Details
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o The applicant must be a citizen of the United States or have less than 25% foreign ownership
o The applicant must have sufficient funds to build and operate the station for at least 3 months without earning any advertising revenue o The applicant must either possess or be able to hire people who possess the technical qualifications to operate a broadcast station o The applicant must be honest and open in dealing with the commission and must have good character |
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FCC and Children
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o Only 10.5 advertising minutes are permitted each hour on weekends; 12 minutes each hour on weekdays
o At least 3 hours of “educational” children’s programming must air each week o There must be a buffer between commercials and program content (“We’ll be right back…”) o A program may not mention an item advertised in a commercial for the same show |
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Speech that falls outside the First Amendment ALL of the time
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Obscene Material
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Commercial Speech Doctrine
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o If not false, there are things the courts must ask (in book):
Is there substantial state interest involved? (such as advertising for illegal products or something promoting violence; maintaining integrity of the government) Evidence that the regulation (banning of the ad) advances interest (helping the state interest) Reasonable fit between regulation and state interest, meaning that it is narrowly tailored (only as much as you absolutely have to) to encourage as much freedom as possible |
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Fair Use Doctrine
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…small amounts of copying are permitted so long as the publication of the material advances science,
the arts, criticism, etc. |
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When is the Fair Use Doctrine applied?
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Narrowly tailored case by case
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Current Rules for Copyright Duration
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In general; for the lifetime of the author plus 50 years
For joint works, until the death of the last surviving author, plus 70 years, and For works made for hire, 95 years following publication, or 100 years from the date of creation, whichever occurs first |
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What can and cannot be copyrighted?
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The original work must be fixed in a tangible medium
Literary works Musical works, including accompanying words Dramatic works, including accompanying music Pantomimes and choreographic works Pictorial, graphic, and sculptural works Motion pictures and other audiovisual works Sound recordings Raw ideas cannot be copyrighted. |
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Miller Test
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o The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest (Roth Test);
o The work depicts, in a patently offensive way, sexual conduct specifically defined by the applicable state law; o The work, taken as a whole, lacks serious literary, artistic, political or scientific value (LAPS test). |
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Current Standard for Obscenity
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Miller Test
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Evolution of the Definition of Obscenity through Cases:
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Hicklin Test
United Stats v. One Book Called Ulysses Roth v. United States Jacobellis v. Ohio Stanley v. Georgia Miller v. California New York v. Ferber |
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Obscenity and the Internet
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Child Online Protection Act
Children's Internet Protection Act |
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Press Enterprise Test
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o Criminal trial closures will be constitutional only if:
A substantial probability exists that overriding interests (such as the accused’s right to an impartial jury) will be damaged by conducting the proceeding in public No reasonably alternatives to closure would protect against the danger The reasons behind these conclusions are fully articulated as findings in the trial record – must articulate why it would be constitutional to close it The closure is no broader than necessary to protect the overriding interest. |
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Richmond Newspapers v. Virginia
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• Established a qualified First Amendment right for the public and media to attend courtroom proceedings
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Nebraska Press Association v. Stuart
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• Six members of a family slain in a Nebraska town of about 850 people
• An unemployed handyman was charged with the crime • Both prosecutor and defense attorney requested a court order restricting the public disclosure of evidence prior to trial. • An order was granted that barred media publication or broadcast of information about confessions or any other facts “strongly implicative” of the defendant • U.S. Supreme Court ruled unanimously that the gag order was unconstitutional – didn’t even try other measures before applying for a gag order |
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Current Standard for Impartial Jury
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Patton v. Yount (1984)
• Not remembering the case, but having such a fixed opinion that they could not have an impartial judgment |
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Judicial Remedies
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Voir Dire
Change of Venue Change of Veniremen Continuance Admonition (order to not watch the news, read newspapers, or talk to anyone about the trial; if you do, you can be held in contempt) Sequestration (being isolated from the rest of society; you have bailiffs or officers of the court follow you (for high profile cases)) Restrictive Order Gag Order |
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Collateral Bar Rule
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Once an injunction is issued against a party, the party must follow it until another court overturns it
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Subpoenas and Journalists
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You can be in jail or contempt until you comply to the subpoena or until the trial is over (would be moot)
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Civil Trespass
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unless the trespass is aggravated in some way, it will only be a civil wrong.
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Criminal Trespass
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the criminal act of going into somebody else's land or property without permission of the owner or lessee;
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Rules for FOIA
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• The information relates solely to internal agency personnel rules and practices.
• The documents are specifically exempted from disclosure by another statute. • The records contain trade secrets or other sensitive commercial or financial information obtained from a person. • The documents are interagency or intra-agency memoranda that concern confidential communications or that contain advice on recommendations that are part of government’s decision-making process. |
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Exemptions for FOIA
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o The records “reasonably could be expected to cause damage to the national security” if disclosed.
o The information relates solely to internal agency personnel rules and practices o The documents are specifically exempted from disclosure by another statute o The records contain trade secrets or other sensitive commercial or financial information obtained from a person o The documents are interagency or intra-agency memoranda that concern confidential communications or that contain advice on recommendations that are part of government’s decision-making process o The records contain personal information that would lead to an invasion of personal privacy if released o The data was compiled for law-enforcement purposes, and release of the data would compromise a legitimate law-enforcement goal o The records relate to the examination, operation or condition of financial institutions that are subject to federal regulation o The documents contain geological information concerning oil and gas well locations |
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Privacy Torts
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1. Appropriation
2. Public Disclosure of Embarrassing Private Facts 3. False Light 4. Intrusion |
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Right of Publicity (Definition)
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o The commercial (profit-making) use of a person’s name or likeness without consent
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Requirements for a Successful Libel Suit
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o There must be defamatory content.
o The accusation must be false (from Zenger Case – “Truth is the ultimate defense against libel.”). o It must be published. o Identification. o Fault. o Harm. |
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Defenses for Libel Suits
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Truth – you won’t lose if you know you’ve told the truth
Qualified Privilege – limited; if you obtain information from an official source o Ex. If you’re reporting on a city council meeting, and you report something that someone in the meeting said that was libelous Absolute Privilege – only Congress has absolute privilege Neutral Reportage o Would shield media from libel judgments when reporting in a fair, neutral, and accurate fashion the newsworthy allegations made by others about public officials or public figures – without the requirement of an official setting o Only difference between neutral reportage and qualified privilege is the requirement of an official setting Fair Comment and Criticism – statements of opinion rather than statements of fact Rhetorical Hyperbole (exaggerations) – opinion statements o “A new Hitler…” |
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Ollman Test
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. Can the statement be proved true or false?
2. What is the common or ordinary meaning of the words? 3. What is the journalistic context of the remark? 4. What is the social context of the remark? |
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Privileges
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o In civil cases, most reporters have a qualified privilege to withhold information, and not so in a criminal case
Qualified Privilege – limited; if you obtain information from an official source o Ex. If you’re reporting on a city council meeting, and you report something that someone in the meeting said that was libelous Neutral Reportage o Would shield media from libel judgments when reporting in a fair, neutral, and accurate fashion the newsworthy allegations made by others about public officials or public figures – without the requirement of an official setting o Only difference between neutral reportage and qualified privilege is the requirement of an official setting |
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Actual Malice
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o …means that when the defamatory statements were published the communicator either (1) knew they were false, or (2) published with reckless disregard of truth or falsity, that is, with serious doubts that the statements were true.
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Intentional Infliction of Emotional Distress
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o The defendant’s conduct was intentional or reckless
o The defendant’s conduct was extreme or outrageous o The actions of the defendant must have caused emotional distress for the plaintiff o The plaintiff’s emotional distress must have been severe |
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Fallwell v. Hustler
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o Falwell sued for libel(thrown out because he would’ve had to show actual malice since he’s a public figure), invasion of privacy (thrown out), and intentional infliction of emotional distress
o S.C. unanimously reversed previous decisions because parody is an important part of freedom of speech and it must be protected |
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Actual Malice versus Negligence
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Private individuals have to prove negligence in a libel case
Public figures must prove actual malice |
