Comm 407 FINAL EXAM STUDY GUIDE NOTES
Comm 407 FINAL EXAM STUDY GUIDE NOTES 407
Cal State Fullerton
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This 6 page Study Guide was uploaded by Keilani Trias on Wednesday May 11, 2016. The Study Guide belongs to 407 at California State University - Fullerton taught by Jason Shepard Jason Shepard in Spring 2016. Since its upload, it has received 134 views. For similar materials see Communications Law in Communication at California State University - Fullerton.
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Date Created: 05/11/16
COMM 407 | Dr. Shepard FINAL EXAM S TUDY GUIDE Exam Study Session: Wednesday, May 11, 2016, in class Exam: Available on TITANium from Monday, May 16, 2016, 10:00 AM to Friday, May 20, 2016, 5:00 PM. The exam consists of 50 multiple choice and true false questions. You will have 90 minutes to complete this exam once you begin. Text chapters covered: Chapter 5 – The Right of Privacy Chapter 8 – Newsgatherer’s Privilege Chapter 7 – Fair Trial-Free Press Conflicts Chapter 9 – Freedom of Information Chapter 11 – Regulation of Electronic Media Chapter 6 – Copyright and Trademarks Chapter 13 – Advertising and the Law Chapter 14 – Freedom of the Student Press Course pack key cases: For the following cases, be sure to know the basic facts, the legal question presented, the holding and its rationale, and the central arguments in the majority decision as well as key concurrences and dissents. Know also why the case is significant to Communications Law. Privacy (6 questions) • Bartnicki v. Vopper (2001) [what crucial fact/facts did court side with media?] -if somebody posts or writes on a blog post an accurate accounting of a domestic abuse complaint in court records, what would be best defense to protect him from a private facts lawsuit? -running a story about spread of HPV virus and show a pic of man on street just walking by, what invasion of privacy tort would that person have most successful chance in suing, assuming he had nothing to do with story? -if advertiser uses celebrity to endorse without defense, what privacy tort can they sue for? -TF, truth is the best defense in privacy tort? -wilson v. lane precedent: permission from police but not permission from journalist who took autograph. what was the holding? • Florida Star v. BJF (1989) • Zacchini v. Scripps-Howard Broadcasting (1975) Journalist’s Privilege (5 questions) 1 • Branzburg v. Hayes (1972) -the majority of brand v hayes raise which of the following as objections to a journalist privilege? what did majority say that journalists cant avoid grand jury supoenas -which is NOT true about development about federal common law journalist privilege? -scenario: blogger josh wolf covering protests in SF; if we apply a funcitonal analysis to wolf’s case, which of the following would weaken his privilege claim? the more likely a journalist is, the more they are considered a journalist. -T/F: evolution and history of federal common law privilege -which of the following isnt true about govt ability to search news rooms? (zurker v. standford daily) there isnt a 1st amendment right for journalist to prevent; congress passed a law for limited police being able to police to search news rooms…. • O’Grady v. Superior Court (Cal App. Ct. 2006) • California Shield Law Access to the Government (6 questions) ch. 7 and 9 • Nebraska Press Association v. Stuart (1976) -under neb press test, what needs to be established before a judge can constitutionally issue a gag order against the press? -which of the following isnt a basic principle of CA open meetings laws? (theres two slides on it) -under SCOTUS precendents, what are ways judges to reuce prejudicial publicity or its affects? • Richmond Newspapers v. Virginia (1980) • Chandler v. Florida (1981) • Colorado v. Kobe Bryant (Col. Sup. Ct. 2004) • Federal Statute: Freedom of Information Act • California Statutes: Brown Act, Bagley-Keene, CPRA -which of the following govt bodies must comply with CA open meetings laws? -when cameras can be allowed in court rooms? -which of the following can a problem with filing a FOIA request? Broadcasting and FCC Regulations (8 questions) • Red Lion v. FCC (1969) • Miami Herald v. Tornillo (1974) • FCC. V. Pacifica (1978) (7 dirty words, hear george’s filthy monologue; SCOTUS holds FCC’s indecency) -which of the following 1st amend arguments is at play in FCC v pacifica? • Reno v. ACLU (1997) (whether indecency rules apply to internet) -which statement best represents SCOTUS view on 1st amenedment standards for the internet based on Reno v ACLU decision? 2 -what is the scarcity rational? -what was the fairness doctrine? (BTW, IT NO LONGER EXISTS) • FCC v. Fox (2012) (FCC fining for explicit exposure; SCOTUS struck down policy because it was vague and unclear. BUT SCOTUS still allows for FCC to regulate indecency) -which of the following is currently true for 1st amendment standards for broadcast regulations? -what does FCC equal time rule inquire? -compare and contrast the cases: miami herald v tornilla (SCOTUS says newspapers can’t reply) , and red lion v FCC (govt can compel readio stations to air replies). what was rationale? Copyright (10 questions) • Federal Statute: Copyright Act of 1976 • Harper & Row v. Nation (1985) -what reasons did SCOTUS give rule that the nation magazine was not protected by fair use when it sided with harper and row? • Suntrust Bank v. Houghton Mifflin (11 Cir. 2001) • MGM v. Grokster (2005) -how long does copyright last? -what was plaintiff have to prrove for infringement? -scenario: which of following would make this likely to not be a fair use? -how does one obtain copyright? -what can’t be copyrighted? -trademark law v. copyright law -compare sony beta max v. MGM v.grokster cases -What is DMCA? -T/F: the more transformative a copyright is, the more it’s considered fair use Advertising: Commercial and Electioneering Speech (10 questions) • Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) -what were basic facts? -what is central hudson test? -how does FTC prove an ad is deceptive? -what can FTC do to stop false advertising? • 44 Liquormart v. Rhode Island (1996) • Citizens United v. FEC (2010) -why is this such a landmark case? -what’s isnt true about statements of puffery in advertising? -what did court rule in valentine case? -does vice advertising enjoy 1st amendment protection? Student Speech and Press Rights (5 questions) 3 • Tinker v. Des Moines (1969) -what did SCOTUS rule? • Hazelwood v. Kuhlmeier (1988) -T/F: • Morse v. Frederick (2007) -T/F about facts in this case • California State Education Code -what was CA eduation code protect? -what’s true about hosti v. carter (college newspaper) case? Key Concepts To Know s Privacy • Privacy law: civil action, state laws with some constitutional limits, relatively recent legal concept; constitutional right to privacy has developed in trespass “right to be let alone”, eavesdropping, surveillance, abortion, sex • know the major claims a plaintiff must prove, the major defenses, and most important 1-2 cases as examples, of the 4 privacy torts: 1.intrusion upon the plaintiff’s seclusion or solitude, or into his private affairs 2.public disclosure of embarrassing facts about the plaintiff 3.publicity which places the plaintiff in a false light in the public eye 4.appropriation, for the defendant’s advantage, of the plaintiff’s name or likeness • some key defenses: newsworthiness/public interest, consent, constitutional public record defense Journalist’s Privilege • Purposes of the journalist’s privilege • New legal problems in the past decade: Judith Miller and Josh Wolf cases as examples of recent, long jail sentences for journalists • Branzburg v. Hayes: majority, Powell concurrence, Stewart’s dissent and his three part test: evidence of law violation, exhaustion of alternative sources, overriding interest • Development of qualified privilege in the federal courts (common law, based on Powell concurrence and embracing Stewart dissent). Judge Posner in McKevitt v. Pallasch begins a retreat in protections in 2003 – very unclear what the status of the federal common law is • Federal shield statute history – was close to passage in most recent congressional term • California shield law: constitutional, know its basic elements • How does the law define who a journalist is? (Functional analysis for the federal common law; statutes generally provide definitions) • Cohen v. Cowles: journalists can be sued for breaking promises • Zurcher case: No First Amendment protection for newsroom searches; Congress provided protections after decision 4 Access to Courts • Courts coverage often involves clash of constitutional rights • Key terms: prejudicial publicity, prior restraint, gag order, change of venue, continuance, voir dire, sequestration, preliminary hearing, arraignment • What are ways judges try to address prejudicial coverage without gagging journalists or closing courts? Sheppard v. Maxwell “laundry list” of alternatives to media gags • Nebraska Press 3-part test for valid gag order – very hard to meet st • Access to attending court proceedings is a 1 Amendment right: Richmond Newspapers: First Amendment right to attend trials, expanded to voir dire and prelim hearing by Press Enterprise I and II • When are cameras allowed in courtrooms? Access to Meetings and Records Know the purpose, process and basic concepts behind the exemptions of the following laws: • Federal Freedom of Information Act: governs federal records • CA Brown Act: open meetings law for local gov’ts • CA Bagley-Keene Act: open meetings law for state gov’t • CA Public Records Act: governs public records in CA Broadcasting and the FCC • What are the five modes of regulation based on media technologies? • Compare and contrast the rationales for the Court’s decisions in Red Lion vs. Tornillo • Why does the government argue it needs to control broadcasters? What is the scarcity rationale and spectrum? • Know the basics of FCC content-based regulations (fairness doctrine, political content, children’s programming, indecency) • Section 315 of Telecom Act (“equal time rule”) How do broadcasters handle political ads? • Reno v. ACLU and regulation of the Internet: Why is the Internet treated like print (Tornillo) and not broadcast (Red Lion)? Copyright • Key concepts: duration, exclusive right, derivative work, public domain, fact/expression dichotomy, works for hire • 3-part infringement test, and defenses to infringement (what’s needed to prove that someone infringed on a copyright, and what are the defenses?) • 4 elements of fair use analysis (what are the elements, and generally how are they applied/defined?) • what’s a transformative use (think about The Wind Done Gone case) • copyright infringement on the Internet: DMCA (what is required of websites re: notice and take down demands?), file-sharing and online piracy • compare/constrast Sony Betamax case and MGM v. Grokster • Trademarks: what are they, why important 5 Advertising and Commercial Speech • Know the general transformation of commercial speech protection: none at first (Valentine case), but then expanded (starting with Virginia State Board of Pharmacy) • Central Hudson 4-part test – know its four prongs and be able to apply them • “vice” ads: how has SCOTUS applied Central Hudson to gambling, alcohol and tobacco ads? • FTC description, role, enforcement actions • Deceptive ads – how are they defined? • Role of self regulation Electioneering Speech and Political Advertising • Role of money in political campaigns and the general arguments about whether money is “speech” • Buckley v. Valeo (1975): facts and significance; Buckley’s First Amendment framework for campaign finance cases based on the distinction between contributions and expenditures • BCRA and its pre-Citizens United challenges: Goals of BCRA; upheld in McConnell v. FEC (2003), but narrowed by FEC v. Wisconsin Right To Life (2007). Know the significance of the difference between issue and express advocacy ads. • Citizens United v. FEC: Know the basic facts/issues significance • McCutcheson case: why is it relevant/important? How does it alter the precedent of Buckley? Student Speech and Press Rights • Compare and contrast the Tinker and Hazelwood • 3 types of student speech cases • Morse v. Frederick (Bong Hits 4 Jesus case): Was this a Tinker, Frasier or Hazelwood case? • Hosty v. Carter – prior restraint of college newspapers, and the post CA development • CA Education Code – 3 sections: How does CA provide greater protections of student speech and press than the First Amendment? •When can/should schools take action for out-of-school speech? (think about bullying and political speech cases) 6
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