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21 Cards in this Set

  • Front
  • Back
Soft News:
Set of story characteristics, including sensationalized presentation, human interest stories, emphasis on dramatic subject matter, and the absence of a public policy component (scandal etc.)
Sensational Stories:
extremely loud, controversial or attention grabbing
Critical Journalism
o news about the failings of leaders, institutions, and policies that began in response to Watergate
o When they try to bring down Presidents or other political leaders
o In last 3 presidential elections over 50% of coverage of candidates has a negative tone, compared with 25% in 1960
Market Model:
o treats the media as a commodity (“TV is just an appliance”)
o All about profits, innovation etc.
Deliberate Democracy or Open Space Model:
o Rejects market model
o Based upon the interactions between individuals as citizens that enrich the “social capital” within communities
o Serves as intellectual backdrop to public journalism
Public Journalism
o Born out of 1988 Presidential Election where journalism has a low point
o Very negative – no fact checking, candidates lied to media
o Goal was to return to the original roots of deliberate journalism
o *didn’t really work in our society
Near v. Minnesota
o A Supreme Court decision that recognized the freedom of the press to be free from prior restraints on publication, a principle that was applied to free speech generally in subsequent jurisprudence.
o The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution
o However, the US was allowed to stop a story when it dealt with national security – press cant print where troops are being moved
Pentagon Papers: NY Times v. United States (1971)
o Was a Supreme Court per curiam decision.
o The ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censure.
o The U.S. President Richard Nixon had claimed executive authority to force the Times to suspend publication of classified information in its possession.
o The question before the court was whether the constitutional freedom of the press under the First Amendment was subordinate to a claimed Executive need to maintain the secrecy of information.
o The Supreme Court ruled that First Amendment did protect the New York Times' right to print said materials.
US v. Progressive Magazine (1979)
o Lawsuit against the magazine The Progressive by the U.S. government (specifically the United States Department of Energy) in 1979.
o A temporary injunction was granted against The Progressive in order to prevent the publication of an article by activist Howard Morland that purported to reveal the "secret" of the hydrogen bomb.
o Though the information was compiled from public domain sources (including a children's encyclopedia), the DOE claimed that it fell under the "born secret" clause of the Atomic Energy Act of 1954.
o Because of the nature of the information at stake in the trial, two separate trials were conducted, one in public, and the other in camera. The defendants (Morland and the editors of The Progressive) would not accept security clearances (which would put restraints on their free speech), and so were not present at the in camera hearings.
o Their lawyers did accept clearances so that they could participate in the trial, but were forbidden from conveying the information to their clients.
o The article was eventually published after the government dropped their case during the appeals process, calling it moot after other information was independently published, though many observers at the time thought it was because it was becoming clear their arguments were not being well received by the judges and they were afraid that the Atomic Energy Act might be ruled as unconstitutional.
oProduced no law
Hazelwood School District v. Kuhlmeier (1988)
o Was a United States Supreme Court decision that held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums for student expression.
o High Schoolers do not get same rights b/c their paper is not a public forum for expression because they are not 18 years old.
New York Times v. Sullivan (1964)
o Libel: The written defamation of character whereas
slander is oral defamation of character
o United States Supreme Court case which established the actual malice standard before press reports could be considered to be defamation and libel; and hence allowed free reporting of the civil rights campaigns in the southern United States. It is one of the key decisions supporting the freedom of the press.
Chiquita Banana & The Cincinnati Enquirer (1998)
o Enquirer included supplement to Sunday paper on Chiquita’s treatment of employee rights down in central America
o In house lawyer provided voice mail to reporter that was illegally obtained
o Chiquita sued for trespassing and for obtaining stolen property
o Enquirer had to pay Chiquita $10 million, and run a front page apology
o Chiquita never said story was false – used trespassing and stolen goods to get Enquirer to drop it
Branzburg v. Hayes:
o A landmark Supreme Court decision invalidating the use of the First Amendment as a defense for reporters summoned to testify before a grand jury.
o It remains the only time the Supreme Court has considered the use of reportorial privilege.
o Any journalist invoking privileges faces contempt of court charges
The Shield Law
o Legislation designed to provide a news reporter with the right to refuse to testify as to information and/or sources of information obtained during the newsgathering and dissemination process.
o 31 States have this
o Courts overturn shield laws when it conflicts with other constitutional rights
Communications Act of 1934
o 1st comprehensive telecommunications act, combining radio, telephone, telegraph and eventually television
o created from the ashes of Federal Radio Commission
o Allowed federal government to control the airwaves
o Established FCC
Local Radio Ownership Rules (1941)
oLimited the # of stations a single entity to seven nationwide
oIn 1995 raised number from 7 to 12
oProtect against monopoly
Dual TV Network Rule
o Prohibit any major network from buying another major network
o To protect against monopoly
Local TV Multiple Ownership Rule (1964)
o limited a broadcaster to one local station per market
o limited cross ownership of TV, radio, and newspapers in the same market
o To prevent monopoly
Telecommunications Act of 1996
o Expands the role of the FCC in developing and enforcing the provisions of the law and to push broadcast reform
o Added V-Chips and Communications Decency Act – were smokescreens to some of the real changes made
o Deregulation in ownership Rules
o Eliminated rules limited the # of radio stations that could be owned by one company nationally
o Reason why clear channel now owns 1200 radio stations
Fairness Doctrine
o Arose in the 1940’s when an owner of radio stations ordered his stations o slant the news against politicians he did not like
o Required stations to:
∗ Devote time to discussing controversial issues
∗ Air contrasting views on those issues
o Overturned in 1987 by Reagan
o Sinclair Broadcasting Group and 2004 Presidential Election
∗ Top execs were big contributors to Bush-Cheney campaign
Blindspots:
o Where the demographics of the newsroom prevent journalists from including large portions of the population into their stories, either as sources, or stories themselves
o Minorities are rarely portrayed as victims