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COM 250 CH 3,13,5

by: Andres Castillo

COM 250 CH 3,13,5 COM250

Marketplace > University of Miami > COM250 > COM 250 CH 3 13 5
Andres Castillo
GPA 3.8
Freedom of Expression
Professor Anthony Allegro

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About this Document

Freedom of Expression
Professor Anthony Allegro
Study Guide
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This 5 page Study Guide was uploaded by Andres Castillo on Friday February 6, 2015. The Study Guide belongs to COM250 at University of Miami taught by Professor Anthony Allegro in Fall. Since its upload, it has received 84 views.


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Date Created: 02/06/15
COM250 CH 3 13 5 study guide Guillermo Andres Castillo USA PATRIOT ACT To intercept and obstruct terrorism Expands power of officials and FBI to gather intelligence and investigate anyone suspected of terrorism Grounded in the protection vs unreasonable searches and seizures 4th amendment Section 215 FBI ok to search library rec mag subscriptions academic transcripts internet book purchases Doesn t limit speech but sends chill effect as it can search internet activity Espionage Act 1917 does criminalize speech Bars individualorganization from revealing FBI is investigating into reading habitssearches 2006 amend allows to consult attorney prior Obama signed legislation 3 controversial provisions 1 Courtapp roving wiretaps 2 Courtapp seizure of records and prop 3 Surveillance of lone wolf non us cit maybe in terrorism Justice Robert Jackson quoteasy by way to passion intolerance suspicions of wartime reduce our libs to a shadow exaggerated claims of sec 1 Public officials can t use defamation to retaliate criticism even if false unless wreck less predetermined 2 Threats against the president not protected by 1St amendment 3 Intelligence identity protection act IIPA 1982 Federal crime to publish names of sec agents abroad to damage foreign intelligence gathering 4 1St amendment doesn t protect speech that aids abets crime EX instructions to unlawful conduct 5 1St amendment protects right to NOT speak Can t be forced to salute ag CH 1 3 COPYRIGHT Form of protection by laws to authors of original works of authorship Begins from time it s created automatically copyrighted Works eligible for copyright protection Literary Musical ampwords Dramatic ampmusic Pantomimeschoreograph Pictorial graphic sculpt DWIwalf Mot Pics audiovisual 7 Sound rec 8 Architect Not eligible ideas concepts discoveries titles names slogans phrases improvisation info commonly avail us govt Rights to doauthorize 1976 stat 1 Reproduction copies 2 Prep Of derivative works 3 Distrib Of copies for sale Xfer rental lease lend 4 Public perform plays musical movies 5 Public Disp Infringe violation of the exclusive rights of creator Use of image wo perm Use beyond scope of license adapting image wo perm art rendering asking another photog To recreate image actual copying Responsible for infringement is the company even unintentional employees or individuals anyone who published any who authorized or encouraged CTEA 98 Standards Duration of Co protect Life of author 70 years Fair use Sec107 Purposes of criticism comment news reporting teaching class scholarship research 4 Factors used when making fair use determination 1 Purpose character commercial v non profeducational 2 Nature of Cop Work 3 Amount substantiality of portion usedwhole 4 Effect of use on potential market for value of cop Work Copyright protects Promotes free expression for authors and artists by guaranteeing a monopoly in the sale amp use of their work Offers nancial incentives otherwise couldn t make a living amp wouldn t create society suffers Supplies eco incentive to create disseminate ideas 3 areas of tension between copyright Protect v 1 amend 1 Attempts to use copy as means of censorship 2 Problem created when ideaexpression can t be separated 3 ambiguity of fair use amp chill effect created by process of sec permissions Copyright used in attempt To censor Random House case Manipulating copyr Law How Hughes buys rights to source mat To prevent unauthorized biography of himself to be published by random house Buying source mat To prevent publishing Ideaexpression dichotomy copyright Doesn t protect an idea but rather the way idea is expressed Ex baker v selden accounting sys Or hoehling v universal Hindenburg book v movie Cant copyright Idea of accounting system or copyright history Encourages new use of old ideas allows signi cant Use of prior work as long as don t appropriate expression of another CH 5 PRIVACY ID sources of priv 1 Priv of Beliefs 1St am 2 Priv of home v quartering sold 3 3 Priv v unreas Searches 4th 4 Priv v self incrim 5th 5 9th am whats not included 6 state const amp congr Laws Statutory privacy ex Priv act 1974 personal records maintained By feds 96 IIIPAA priv of health info 74 PERPA student educational records Prosser 4 kinds of privacy invasions 1 intrusion on seclusion 2 disclosure of private matter 3 false light 4 appropriation 3 conditions considered in intrusion on sec lawsuit 1 def must ve intruded on plantiff 2 intrusion happened in private place 3 intrusion highly offensive to reasonable person 3 conditions apply to disclosure of private matter 1 plaintiff must show def was who publicized to world at large not just 1 or 2 people 2 must be offensive to reasonable person not ordinary offensive in nature 3 must be about plaintiff s Private life that s not newsworthy or matter of public record icloud pics When speech places some1 in false light when it conveys something factually untrue about individual or conveys truthful info that carries false implications 3 necessary conditions for such speech to be actionable 1 wide distribution 2 put plaintiff in false light offensive to reasonable person 3 made w malice How appropriation invades privacy publicizes someone s name wo permission used to make a prof off that person Conditions for action v appropriation 1 persons nameportraitpic was used 2 2 purpose of tradeadvertising 3 3 wo consent 3 conditions in Defense in privacy case 1 Consent 2 2 newsworthiness n public int and 3 3 US constitution Email not private it is like a postcard usually not government but private entity reading it


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