Description
J397 Notes Study Guide 1
Exam 1 Study Guide
Tuesday, October 18th at regular class time
Media Law Framework (First Amendment)
First Amendment protects:
∙ Free speech
∙ Free press
∙ Freedom of religion
∙ Freedom of assembly
∙ Freedom to petition the government
Unprotected Speech
∙ Defamation: injures someone’s reputation/livelihood
o 2 types
Slander: spoken defamation
Libel: published or broadcasted defamation
∙ Truth is the best defense against defamation
o Conditions of defamation: Don't forget about the age old question of History of the women's movement.
Private figures:
∙ The statement is in fact false
∙ It damages the individual’s reputation
∙ The media neglects to determine the truthfulness of the statement
Public figures:
∙ The statement is in fact false
∙ It damages the individual’s reputation
∙ The media neglects to determine the truthfulness of the statement
(higher standard than private figures)
∙ There was actual malice disseminate a falsity or with reckless Don't forget about the age old question of What is a watershed?
disregard for the truth
o Defenses against defamation:
Truth best defense
Privilege:
∙ Absolute privilege: public officials acting in their official capacity
have a special right to speak freely without worrying about being
sued
∙ Qualified: press may repeat statements fairly and accurately
Fair comment: any honest opinion, reviews, satire or comedy
∙ Public safety: speech that is false and incites immediate danger or lawless action not protected (i.e. falsely shouting “fire” in a crowded theatre”)
∙ Privacy intrusion: the right to be left alone
o Private facts (nonnewsworthy facts, medical facts, sexual acts, etc.)
o Intrusion (invasion of space where people expect to have privacy) If you want to learn more check out What the meaning of TANF?
o Appropriation (people own the right to their image)
J397 Notes Study Guide 1
o False light (misrepresentation, distortion of facts or images)
∙ Speech that violates other rights Don't forget about the age old question of What NonProliferation Treaty?
o 1st vs. 6th Amendment: first (public has a right to know about actions of legal system) and the sixth (defendant has the right to a fair trial)
o Ways to protect the right to a fair trial:
Continuancedelay until publicity decreases
Sequesteringisolate jury to shield from press reports
Change of venue move where the trial is being held
Admonitionjudge tells the jury to avoid media
Copyright Infringement
∙ Using or copying another’s work without consent or payment
o Individual: lasts life of an author +70 years
o Corporation: lasts 95 years
o Idea has to be fixed (physical)
o Doesn’t need to carry the copyright sign
Trademark Infringement
∙ A word, symbol, or device represents a product/company
o Examples: Xerox, JellO, CocaCola bottle, Kleenex
∙ Internet:
o The person posting the copyrighted work is the one responsible
o ISPs and web site owners must remove the copyrighted work when they are made aware of it
Fair Use
∙ The purpose of the new message (criticism, ridicule, parody, etc.)
∙ The nature of the copyrighted work (the more creative, the less you can use) ∙ The amount of copyrighted work used
∙ The effect on the value of the copyrighted work
∙ Guiding Idea: people must be able to comment on and criticize ideas
Newsgathering Rights
∙ Shield Laws (state level): reporters do not have to reveal anonymous sources (judges can compel reporters to reveal if they prove a compelling need)
∙ Sunshine Laws (state level): reporters have access to legislative public meetings ∙ The Freedom of Information Act (FOIA): requires federal agencies to list all their documents and provide them to news agencies on requestWe also discuss several other topics like What is Inorganic?
J397 Notes Study Guide 1
Here are the answers to the study guide that Professor Schwartz posted. All answers were taken directly from the slide show.
1. What are the four areas of unprotected speech?
a. Defamation
b. Public safety If you want to learn more check out what is Sexuality?
c. Privacy intrusion
d. Speech that violates other rights
2. What is the definition of defamation?
a. Injures someone’s reputation/livelihood
3. What is the difference between slander and libel?
a. Slander is spoken defamation
b. Libel is published or broadcasted defamation
4. What is the best defense against a defamation charge?
a. truth
5. What obligation does the press have before printing something accusatory, controversial (potentially defamatory)?
a. To check the truthfulness of statements
6. What are the different conditions of defamation between private and public figures? Who has greater protection against defamation?
a. Private figures:
i. The statement is in fact false
ii. It damages the individual’s reputation
iii. The media neglects to determine the truthfulness of the statement
b. Public figures:
i. The statement is in fact false
ii. It damages the individual’s reputation
iii. The media neglects to determine the truthfulness of the statement (higher standard than private figures)
iv. There was actual malice disseminate a falsity or with reckless disregard for the truth
7. What are other defenses against defamation?
a. Privilegeabsolute and qualified
b. Fair comment
8. What is the difference between absolute and qualified privilege?
a. Absolute: public officials acting in their official capacity have a special right to speak freely without worrying about being sued
b. Qualified: press may repeat statements fairly and accurately
9. What is fair comment?
J397 Notes Study Guide 1
a. A defense against defamation: an honest opinion, reviews, or satire and comedy 10. Know the difference between statements that state an opinion (fair comment) versus a potentially libelous fact.
a. Example of opinion (fair comment): “the star acted as if they were under the influence of drugs”
b. Example of potential libelous: “the star was under the influence of drugs” 11. What are the four types of invasion of privacy? If I give you an example, be able to know which type of invasion of privacy it is.
a. Private facts (nonnewsworthy facts, medical facts, sexual acts, etc.)
b. Intrusion (invasion of space where people expect to have privacy)
c. Appropriation (people own the right to their image)
d. False light (misrepresentation, distortion of facts or images)
12. What is the conflict between the First and Sixth Amendment?
a. The first amendment (public has a right to know about actions of legal system) and the sixth amendment (defendant has the right to a fair trial)
13. What is copyright infringement?
a. Using or copying another’s work without consent or payment
14. What are some examples of trademarks (from lecture)?
a. Xerox, JellO, CocaCola Bottle, Kleenex
15. On the Internet, who is responsible for copyright infringement?
a. The person posting the copyrighted work, but ISPs and website owners must remove it when they are made aware that it has been posted
16. What are the four factors of fair use?
a. The purpose of the new message (criticism, ridicule, parody, etc.)
b. The nature of the copyrighted work (the more creative, the less you can use) c. The amount of copyrighted work used
d. The effect on the value of the copyrighted work
17. What is the guiding idea of fair use?
a. People must be able to comment on and criticize ideas
18. What three uses qualifies as fair use? If I give you an example, be able to identify what type of fair use it is.
a. Comparative advertising
b. Fair criticism: parody, transformative enough
c. Educators and researchers are the exception
19. What are three types of newsgathering rights?
a. Shield Laws (state level)
b. Sunshine Laws (state level)
c. The Freedom of Information Act (FOIA)
20. What are shield laws, sunshine laws, and the freedom of information act (FOIA)? a. Shield Laws (state level): reporters do not have to reveal anonymous sources (judges can compel reporters to reveal if they prove a compelling need)
b. Sunshine Laws (state level): reporters have access to legislative public meetings c. The Freedom of Information Act (FOIA): requires federal agencies to list all their documents and provide them to news agencies on request
J397 Notes Study Guide 1