Media Law And Ethics: Elon

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Established the concept of judicial review. SC can determine actions of other branches invalid

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Marbury v. Madison

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Extends First Amendment protection by interpreting 14th amendment as preventing abridgement of speech or press by state governments

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Gitlow v. New York

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Reversed "offensive conduct" conviction for man for wearing shirt with "Fuck the Draft" into courthouse. Court ruled that it was protected under strict scrutiny

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Cohen v California

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Court determined that burning a flag is not unconstitutional

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Texas v. Johnson

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Ruled invalid provisions of New York Education Law. Ruled that motion pictures are included within the free speech and free press guaranty of 1st and 14th amendments

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Burstyn v. Wilson

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SC declared the Minnesota Gag Law unconstitutinal. Prior restraint unacceptable in unusual circumstances. Press should be punished after the fact with libel laws

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Near v Minnesota

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Students wore black armbands to school to protest vietnam war. Got Suspended. SC ruled that students do not lose first amendment rights because they are in school

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Tinker v Des Moines

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Court ruled that schools could limit lewd, vulgar, offensive remarks by a student in public assembly

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Bethel School District v. Fraser

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5-3 decision. SC ruled that when a high school principle removed articles on teenage pregnancy and the impact of divorce on children. Administrators of public high schools have the right to censor school-sponsored newspapers.

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Hazelwood v Kuhlmeier

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SC ruled that school officials can prohibit students from displaying messages that promote illegal drug use (Bong hits 4 jesus).

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Morse v Frederick

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arrested for distributing pamphlets in violation of city ordinances. SC ruled that ordinance was violation of First Amendment. Pamphlets protected under first amendment. Protects distribution of written materials

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Lovell v. Griffin

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Court ruled that fighting words laws must be restricted to words that have a direct tendency to cause acts of violence by the person to whom the remarks were made.

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Gooding v. Wilson

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Under Virginia Law, it is a felony "for any person, with the intent of intimidating any person or group, to burn or cause to be burned a cross on the property of another, or public place.
SC Ruled state has right to ban cross burning with the intent to intimidate.

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Virginia v. Black

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Socialist published pamphlets urging draft resistance. Conviction upheld under sedition laws. clear and present danger doctrine

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Schenck v. US

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ruled that first amendment protects fundamentalist church members who stage anti-gay protests outside military funerals.

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Snyder v Phelps

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public officials must show actual malice (defined as knowledge of falsity or reckless disregard for the truth). Ruling first step in doing away with strict liability (previous concept, which meant the defendant was responsible for the harm regardless of the cause

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New York Times v. Sullivan

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Radio station broadcast news stories about someone's arrest for posession of abscene literature and the police seizure of obscene books. Court of Appeals reversed, applying proof of actual malice. although he was not a public figure, his involvement in an activity of public or general interest, required proof of actual malice.

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Rosenbloom v. Metromedia

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Chicago family brought civil action against policeman who shot and killed their son. American Opinion magazine, ran article saying saying someone was responsible for a frame-up of the policeman, that he was a part of a Communist conspiracy to discredit local police. Court ruled that American Opinion concerned a matter of public concern, and man would have to show actual malice as they do not have the same opportunity for rebuttal as public officials/figures do. SC said private persons do not have to show actual malice to win.

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Gertz v. Welch

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Roberton's picture used for an advertising poster. NY legislature passed first statuary law of privacy making it illegal to use ones name or likeness for advertising or trade purposes without consent.

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Robertson v. Rochester Folding Box Company

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Pavesich sued when his photo was used in a newspaper ad for insurance. Georgia became first state to recognize the right of privacy in common law.

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Pavesich v. New England Mutual Life Insurance Co.

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Requires proof of actual malice in false light privacy case. family held hostage, book published which stretched the facts.

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Time v. Hill

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The right to speak and publish does not include the right to gather info. US citizen denied passport to go to Cuba to gather information.

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Zemel v. Rusk

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law enforcement officers can not invite reporters/photographers to accompany them on arrests or gathering evidence on public property.

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Wilson v Layne / Hanlon v. Berger

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Ruled that cameras do not prevent a fair trial and that states may allow their presence in the courtroom. if state allows cameras, presence does not violate the constitutional guarantee of a fiar trial. if state denies cameras, it is not a violation of first amendment

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Chandler v Florida

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SC upheld an order banning a reporter from a pretrial hearing

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Gannett v DesPasquale

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Man offered information to reporters re a democratic candidate for lieutenant governor. Reporter promised to keep man's identity secrete but didnt. SC reversed minnesota ruling ordering them to reconsider the promissory estoppel stature, noting that enforcement would not be a violation of First Amendment

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Cohen v. Cowles

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reporter ignored judge's gag order and printed a story, reporter cited for contempt, court of appeals struck down judge's gag order but upheld the contempt citation.

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US v. Dickinson

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SC upheld Bono Copyright Term Extension act which provided continued protection of copyrights held by companies such as Disney. Extended time limits by 20 years, life plus 50 years to life plus 70 years. Works for hire were extended to 95 years from publication or 120 years from creation

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Eldred v. Ashcroft

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Ruled that facts.research.news are not copyrightable. Copyright only protects the way a story is told, not the story itself - the expression of the facts, not the facts (CASE)

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Miller v. Universal Studios

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FCC recieved one complaint from a listener and placed a warning/reprimand in Pacifica's file. provided definition for indecency.

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FCC v. Pacifica

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provides current definition of obscenity

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Miller v. California

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burned draft card to protest Vietnam war, which was a violation of federal law to knowingly destroy draft cards. court determined that the federal restriction of expressive conduct could be upheld as long as the law:
1. was not intended to suppress expression
2. involved a substantial gov interest (intermediate scrutiny)
3. was no greater than necessary to achieve that interest

Court reasonedthat the law (draft card law) was not intended to suppress speech, but rather to properly maintain a Selective Service system

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US v O'Brien

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Magazine scheduled for publicication a freelance article "The H-Bomb...and How to Make It". went to court to stop publication. magazine argued that all information was from public sources. Potentially harmful material can be classified upon creation. case became moot when a small newspaper in Wisconsin Published a similar article

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Progressive Case
US v Progressive

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absolute or literal interpretation of the "no law" statement. Nothing should infringe on 1st amendment rights. if other rights conflict, 1st takes priority

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Absolutist Theory

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law reviewing courts, consider whether or not the law has been properly applied in the trial court in light of the facts.

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Appellate Courts

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Theory that the moral virtue is a mean between two extremes.

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Aristotle's Golden Mean

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use of a person's name or likeness in advertising for a particular medium if the name or likeness has or will be used in the same medium or across media (TERM)

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Booth Rule

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requires that broadcasters provide access to candidates for federal office; does not cover local candidates but such denial might be determined inappropriate under the public interest standard. (TERM)

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Candidate Access Rule

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The SC made this test in central Hudson gas and elec corp v public service commission of NY to determine when commecrial speech would recieve First Amendment Protection (TERM)

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Central Hudson test

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intended to require identification for access to adult sites, ruled unconstitutional, upheld by SC in Ashcroft v. ACLU and again in Gonzalez v. ACLU

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Child Online Protection Act

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Public libraries cannot recieve certain federal funds unless they install obscenity/child pornography blocking software on computers in public areas

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Children's Internet Protection Act

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re-established the 1927 law to cover all forms of communications (including telephone and telegraph); established the FCC (now 5 members/no more than 3 from one political party) to regulate communications

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Communications Act of 1934

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included the 1996 Telecommunications Act, directed at indecent materials on the internet, was found unconstitutional in Reno v. ACLU

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Communication Decency Act

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one of the first regulations of obscenity; said that obscene books, pamphlets, pictures, etc. were non-mailable. Its weakness - it didnt define obscenity

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Comstock Law

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Judge's power to control what goes on inside his/her courtroom...punishable by a fine or time in jail

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Contempt Power

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Judges power t oaccuse, find guilty and sentence in one blow of the gavel

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Summary Contempt Power

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Extended copyright protection by 20 years: life plus 70 for any and all new works; 95 years for works created prior to 1978; and for works for hire, 95 years from first publication or 120 years from creation

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(Sonny Bono) Copyright Term Extension Act

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that which causes damage/harm to a person's reputationor exposes that person to hatred, contempt, ridicule

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Defamation

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Contempt citation may tand even though a court order which resulted in the citation is later ruled invalid

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Dickinson Rule

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a political philosophy that says all people should be treated as equals and have the same political, economic, social, and civil rights; basis of Rawl's Veil of Ignorance

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Egalitarianism

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examines the meaning of abstract terms such as good, right, justice, fairness etc.

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Metaethics

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develops general theories, rules and principles of moral behavior.

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Normative Ethics

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Problem solving branch of ethics; use principles of normative ethics to address specific ethical issues

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Applied Ethics

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requiring that certain federal agencies conduct meetings in public, and that records will be kept of closed meetings.

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Federal Sunshine Act

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the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search/seizure

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4th Amendment

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No state...shall deprive any person of life, liberty (including free expression) or due process of law.

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14th Amendment

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Milton; it is important for all speech to be allowed in the marketplace regardless of its content...ultimate good is reached through free trade of ideas; a rational person will be able to separate the truth from fiction

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Marketplace of Ideas Theory

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Media are public entities; everyone should have access, thus leveling the playing field. Trend toward consolidation, thus allowing fewer voices in the marketplace

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Access Theory

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first widely used definition of obscenity: a work is obscene if it has a tendency to deprave and corrupt those whose minds are open to such immoral influences and into whose hands it might fall...if a part of the work is obscene then the whole work is obscene

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Hicklin Rule

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philosophical principle. says one should make a decision in a manner you wish similar situations to be decided

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Kant's Categorical Imperative

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printed defamation; false allegation of a fact that is disseminated about a person and that tends to injure that person's reputation

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libel

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developed in 17-18th century England
Belief that man is rational and thus capable of discovering truth on his own.

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Libertarian theory of the press

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Allowed courts to declare any abscene, lewd, lascivious, malicious or defamatory publication a public nuisance and stop publication. Ruled unconstitutional in Near v. Minnesota

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Minnesota Gag Law

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constitution means the same thing today as it did when it was drafted in 1787, making no allowances for societal change

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Originalist

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Earlier rule that was a part of the Fairness Doctrine; stipulated that when a person was attacked editorially they must be notified and be given opportunity to respond. Repealed in 2000

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Personal Attack Rule

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Term used to describe sexually explicit materials, may or may not be obscene

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Pornography

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Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act. Replaces COPA; makes it illegal to send or recieve an image that is indistinguishable from that of a minor in a sexual situation

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PROTECT Act

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Required all radio transmitters be licensed, Anyone who applied could get a license to broadcast

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Radio Act of 1912

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established license renewal for radio, established Federal Radio Commission, and ruled Broadcasters must operate in the public interest, convenience and necessity (PICON Rule).

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Radio Act of 1927

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theory that justice emerges when negotiating without social distinctions

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Rawl's Veil of Ignorance

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report following Sheppard Case to ensure defendants in a fail trial:
1. lawyers and judges involved in the trial should not to talk to the media
2. judges should use their restrictive powers and montempt citations against those who violate the restrictive orders

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Reardon Report

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While the right to disseminate information is almost unlimited (Cox v. Cohn), there are significant limits on the information gathering process (Zemel v. Rush, Houchins v KQED, Wilson v Layne

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Right to gather information v. Right to disseminate

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government action to restrict speech/ press is valid if it involves any LEGITIMATE government interest that is not overbroad...most unprotected speech falls into this category (obscenity, false/misleading commercial advertising, fighting words, libel with fault, threats to national security, sexual harrassment). These are ocnsidered low value speech/ not necessary to a democratic society

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Minimum Scrutiny

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government action is valid if narrowly drawn to advance a substanial state interest...protected with limits (truthful commercial advertising). Also applied to all content neutral TPM (time, place, manner)...posters on telephone poles, time limits on residential solicitation, signs impeding clear view etc.

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Intermediate Scrutiny

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government action is constitutional only if narrowly drawn to advance a COMPELLING government interest. Fully protected speech. (Cohen v. California: "fuck the draft" on back of coat worn into LA County courthouse...Cohen convicted under California law, which prohibits disturbing the peace by offensive conduct. Court ruled protected Speech absent a compelling reason to prevent.

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Strict Scrutiny

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In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by and impartial jury

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6th Amendment

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Criticism of the media and the inability of libertarian to function effectively (theory)

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Social Responsibility theory of the press

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Theory. Media owned by the state and existed as an arm of government to advance the goals or interests of the state

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Soviet Communist Theory of the press

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let the decision stand. Common law or law based on precedent

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Stare Decisis

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theory. the best action is that which produces the greatest amount of good for the largest number of people

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Utilitarianism

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the questioning of jurors in the pre-trial process; makes sure no jurors have any bias toward the case

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