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7 Cards in this Set

  • Front
  • Back
Federal Communications Commission (FCC)
- Responsible for licensing and regulating use of public airways (certain type of prior restraint)
- Created by an Act of Congress, so technically a part of the Executiv eBranch
- Also had a judicial capacity bcause there are courts within the FCC, and cases can appeal to the FCC
Fairness Doctrine (the balance and "right of reply provisions, no longer in use)
2 Key Parts:
(1) Balance provision: didn't give everything right to speak but demanded that if one side of an issue was presented, the other side must be presented as well
(@) Doesn't mean that everyone has a right to speak but people had a right to reply
Right to reply
If station attacks an identifiable person, he/she might be allowed an opportunity to respond (created the chilling effect)
Equal Opportunities Law (passed by Congress and is still in effect)
- Stations must provide candidates willing to pay for ad time
- If stations give programming time to one candidate others must be provided with the same time
- Law is not triggered by news broadcasts, new interviews, or debates between candidates
- Does not apply to Cable-only broadcasts
FCC v. Pacifica Foundation
- FCC defines 'indecency' as material "that "depicts or describes, in terms patently offensive as measured by contemproary community standards for the broadcast medium, sexual or excretory activities or organs."
- Indeency became easy to prove becaue it does not have stanards or a test like obscenity.
- Court said it was a matter of time, ther should be a safe harbor, from 10pm-6am children wouldn't be in the audience and therefore indecency is okay
2 Justifications for having a lower standard of indecency for broadcast media:
(1) Invade the privacy of home
(2) More accessible to children
Indecency
Does not have standards like obscenity but rather 'indecency' is considered material that "depicts or describes, in terms patently ofensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs." (know difference between indecency and obscenity)
Buckley v. Valeo
- The court can put a limit on money given to a candidate, but people can advertise for candidates as much as they want