I had to miss class because of a doctors appointment and these notes were a LIFESAVER
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Exam 2 Study Guide
Chapter 13 and 14
• Published statement that exposes someone to contempt or ridicule
• Must be these three things
• Legal defense against libel and holds the statements from government meetings
• Way of deciding what is good for a society or an individual
• Way to choose between competing morals and help people decide in a case with a gray area
• Journalist’s laws that give protection from testifying in court about stories or sources
• Freedom of speech
• Freedom of religion
• Freedom of press
• Showing/ covering events that are lurid and very emotional.
o Celebrity slipups
• Person’s code of behavior depending on philosophical principles or religious views.
• Ethical behavior is derived from finding a balance
• Individual must:
o Know what they are doing
o Pick their action with a moral reason
o Act out of good character
Sago Mine Disaster
• 13 miners were trapped in a mine in WV for two days
• News broke the unconfirmed news that there was 12 miners still alive
• It made headlines all over the country
• The reporters didn’t have their information confirmed before they let it leak and only one miner was alive out of the 13
Alien and Sedition Laws
• Laws that punished anyone who published anything false, scandalous, or malicious
against the US government
• When Thomas Jefferson became president, he pardoned these
John Peter Zenger
• Published a piece in the New York Journal that accused the governor of corruption
• Governor threw him in jail for libel
• When the case went to trial, Zenger declared what he wrote was true
• Found Zenger not guilty of libel
Roth vs. US
• Three part test
o Standard for obscenity is set by the
view of an average person
▪ Neither conservative nor liberal
o Taken as a whole
▪ Whole piece has to be sexually
explicit, not just a piece to be
o Dominant theme of the material as a
whole has to appeal obsessively
sexually to be obscene
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Original US Copyright Law
• Protected author's and artist’s work for 14 years
o Could be renewed for an additional 14 years
Cameras in the courtroom
o Open trials belong to the public
o Often times people in the courtroom
forget that they’re there
o Heighten public understanding
o Judge whether or not it was performed properly
• Not allowed
o Cameras used to be big and distracting o Some witnesses refuse to be on camera
• Invasion of privacy by a physical trespassing into personal property, or personal space
• Invasion of privacy when a journalist
publishes statements that aren’t true and it alters that person’s public image in which they can’t control.
• Invasion of privacy by using a person’s name or image for commercial process without that person’s consent.
Hazelwood vs. Kuhlmeier
• Supreme Court ruled that
o Principal could sensor a student
newspaper when it was produced as
part of a class
o Student newspaper is a classroom
exercise NOT a vehicle for free speech
Morse vs. Fredrick
• Showed the authority of public school’s administration to suspend students
promoting illegal drugs at a school event.
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New York Times vs. Sullivan
o Montgomery, Alabama police
• NYT had an ad about stopping racial
discrimination in the US
o Told a story that was about
o BUT some of the story wasn’t true (It
made the town and police look bad)
• Sullivan claimed he was libeled by errors and won the case in Alabama
• He went on to fight Supreme court
o Court said that it was inevitable and
“papers make errors”
Judith Miller Case
• Jailed for 85 days for refusing to testify in the Libby case
• Her source then said it was okay to testify where she got the information
• Accepted the release by Libby from her promise of confidentiality and testified
Equal Time Provision
• All political candidate need to have an equal amount of screen time
Gertz vs. Welch
• Magazine ran an article accusing Gertz of being a communist.
• Question was if Gertz was a public figure • Court ruled that private citizens deserve more privacy because they have not submitted
themselves into public attention and are less able to protect themselves than public figures.
• The main reason it was formed was in response to charges of unethical behavior
o Worked to maintain positive image the group fostered during WWII
• Rules that required Internet service providers to give equal access to all content providers
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• Idea of moral obligation that we should act the way we want everyone else to act
Veil of Ignorance
• John Rawl’s principle of ethics that says that justice comes from making decisions to
maximize liberty for everyone and not
considering what outcome gives us,
personally, a bigger benefit.
• John Stuart Mill’s principle that ethical behavior comes from that will provide the greatest good for the biggest amount of
• Reporter for NYT Magazine
• Publicly announced that he was an illegal immigrant by writing about it in an article • Controversy: He lied about his immigration status his entire adult life
Fair Use Doctrine for
American Copyright Law
• Attributed to Barbara Ringer
• She established the concept and extended the life of the copyright while overcoming sexism in the workplace
Copyright Act of 1976
• Basic rights of copyright holders,
• Codified the doctrine of "fair use"
• Waned to publish a story on how hydrogen bombs were made
• All information was found publicly
• Prior Restraint
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