Midterm Study Guide
Midterm Study Guide JMC 4813
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Popular in Journalism and Mass Communications
This 9 page Study Guide was uploaded by Emily Coatney on Wednesday September 16, 2015. The Study Guide belongs to JMC 4813 at University of Oklahoma taught by Dr. Robert Kerr in Summer 2015. Since its upload, it has received 191 views. For similar materials see Mass Communication Law in Journalism and Mass Communications at University of Oklahoma.
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Date Created: 09/16/15
MIDTERM EXAMMass Communication Law UNIT 1 NOTES 0 The exam will require us to thoroughly discuss and analyze the concepts within the quizzesreadingsdiscussions that have been the Focus throughout the unit 0 While the quizzes have been solely multiple choice questions the exam will be in writingessay Format Class SyllabusIntro Materials Need to Know 0 Summary oF course objectives gt Introduce students to mass communication law Freedom oF expression ethics diversity and other similar themes gt All media proFessions Face legal rami cations within their eld and need to understand all aspects oF mass comm low gt Mass communication law is not only For journalism majors gt Libel litigation involves public relations practitioners proFessional writers advertisers broadcasting etc gt Most important libel case in US legal history New York Times vs m initiated by an advertisement completed unrelated to the news operation gt There is no immunity From copyrightinFringement suits For media proFessionals gt Focus on prevailing legal interpretations oF law which continue to change and adapt over time due to societal changes gt Topics such as race gender ethnicity religion class and societal topics will be addressed gt Media proFessionals must consider not only what is legal but what is right o Megatheme oF class gt Focusing on law to de ne Freedom speci cally the Freedom oF expression American LawHow the System Works Need to Know o Understanding signi cance and key elements oF the six sources oF law emphasized gt Constitutional Law most powerFul gtgt The ultimate source oF law in the US and other states Constitution sets out the structure For governing a society explaining the powers oF government and the Freedoms oF the people gtgt Both the US and other states incorporate a Constitution gtgt The US Constitution however overrides all state constitutions and alternative laws in the US gtgt No law From outside sources may contradict the US Constitution gtgt Any such law is considered unconstitutional gtgt The US Supreme Court ultimately decides what is constitutional and what is not through its power oF judicial review gt Statutory Law gtgt Statutes and ordinances Facilitated by a legislative group to legislate means to make law gtgt Examples are the US Congress the OK state legislature county commissions city councils etc gtgt Examples oF mediarelated statutes Federal advertising broadcasting FOIA State libel shield laws access laws City sign regulations noise regulations gt Administrative Law gtgt Decisions and requirements oF administrative agencies FCC FTC SEC FEC NLRB etc gtgt Such agencies are instilled to administer governmental actions that need special attention gt Executive Actions gtgt Law made by a president or governor gtgt Types oF law include appointing regulators or administrators issuing executive orders making agreements with other countries pardoning prisoners etc gtgt The president s strongest in uence on media law usually comes through judicial nominations gtgt US Senate needs con rmation but president makes the nomination gt Common Law gtgt Judgemade law gtgt The accumulation oF rulings decided by courts throughout the years gtgt Such rulings maintain precedents gtgt Precedents lead judges in making choices For related cases giving increased predictability and stability gtgt This re ects the judicial policy oF stare decisisquot gtgt Stare decisis means to let past decisions stand gtgt However judges could Follow precedent in the case presented to them distinguish the case From a similar precedent change the precedent or overturn it gt Equity gtgt Legal idea that gives judges permission to take Fair and just actions other than monetary compensation gtgt Provides preventative action and remedial action that is to keep something From occurring or continuing injunctions ex gtgt Most important part oF media law is potential For judges to use equity to stop publication so that damage is prevented From aFFecting national security o Understanding key elements oF a court decision particularly one by the U Supreme Court gt The ultimate decision is made by the US Supreme Court For what is constitutional or not through its power oF judicial review gt First Amendment to the Bill oF Rights gtgt Congress shall make no law respecting an establishment oF religion or prohibiting the Free exercise thereoF or abridging the Freedom oF speech or oF the press oF the right oF the people peaceable to assemble and to petition gt Types oF courts gtgt Trial Courts discover Facts and apply the law involving the jury and witnesses gtgt Appellate courts only aFFect questions oF law concerning any mistakes made by lower courts no juries or witnesses only judges involved gt Federal Court system gtgt US Supreme Court highest US appellate court gtgt US Court oF appeals intermediate appellate court have a total oF 13 circuits gtgt There are around 90 US District Courts Fed trial courts gtgt Court cases work their way up through the system aFter the initial proceeding at the trial court is completed iF one oF the parties involved is not pleased w outcome they can appeal up to the next highest court gtgt Appeals courts do NOT have another trial aFter that appellate proceeding is completed iF one oF the parties is not pleased they can again appeal to the next highest court gtgt There is no appeal beyond the US Supreme Court gt Key terms gtgt Criminal Case involves law enForcement by govt in response to illegal acts gtgt Civil Case involves dispute between two private parties much more common in media law gtgt PlaintiFF the side that les a suit gtgt DeFendant the side that is sued gtgt Summary Judgment judge s ruling that only one outcome is legally permissible so case need not go to trial gtgt Grand Jury hears preliminary evidence in criminal cases to decide iF probable cause exists to have the deFendant stand trial NOT guilt or innocence o Understanding what matters most in Supreme court decisions and why gt Issue the speci c question that the court must decide gt Holding speci c ruling on the question beFore the court 12 most imp gt Majority opinion the court s written explanation or reasoning For what it decided in the opinion oF a majority oF the judges involved gt Dissenting opinion written explanation From the judges in the majority on the decision as to why they disagree with majority gt Concurring opinion written by judges who agree w the majority decision but have diFF reasons For doing so or wish to discuss other points Conceptualizing the Relationship Between Law and Ethics Need to Know o Understanding and applying the m major ethics theories emphasized in this unit gt Virtue character gtgt Aristotle associated w but other Greeks in uenced gtgt Moral character emphasis gtgt Individual actions are take compared to hisher esteemed role model gtgt Golden Meanvirtue lies at the average oF two extremes gt Deontological duty gtgt Imanuel Kant gtgt Duty to promote human Freedom and rationality gtgt Categorical imperative gtgt Universality emphasized whether an action would be considered acceptable For all others do applied to all not just ourselves gtgt Do un ro o rhers as you would have rhem do un ro you gtgt All people are held ro bo rh s rric r du ries and meri rorious du ries gt Consequen rialis r ou rcomes gtgt Relies on level oF consequence eFFec rs For each decision From The mos r righ r ro wrong gtgt Emphasizes rha r ac rion is mos r wrong when if leads ro clearly nega rive consequences gtgt Associa red gures are Jeremy Ben rham and John S ruar r Mill gtgt U rili rarianism ac rions are righ r 0 The degree rha r rhey rend ro promo re rhe grea res r good For rhe grea res r number gtgt Words u rili ry and happiness included ro decide useFulness in con rribu ring 0 The general happiness oF all gtgt Bases e rhical decision making on a cos rbene r analysis gt Justice Fairness gtgt Associa red gure is John Rawls gtgt Jus rice Fairness or redis rribu rive gtgt Rawls veil oF ignorance ideabehind a veil rha r keeps one From unders randing how a decision will aFFec r her or any OF The o rher par ries included gtgt By providing an incen rive For every ac rion you make The mos r par ries are likely ro gain From your ac rion gtgt Example i r would be mos r ra rional For you when cooking several meals ro make rhe quali ry oF each meal as equal as possible because iF you make any less rhan qualify you migh r end up wi rh rha r meal 0 De ning Ethics gt Ethics de nes both what is legal and right gt Systemstheories instilled to decide what is right or ethical gt Not universally applied but it constantly improves the methodology thereby increasing ethical likelihood gt Normative ethics are the moral codes that help to distinguish right From wrong gt The heart oF ethics is dealing with what we desire to do over what we should do gt Our survival instinct is oFten to please others around us so we act unethical to keep out oF the negative light our ethics may put us in gt Ethics was previously associated solely to philosophy but recently has increased its relativity to behavioral economics o Understanding the speci c activity emphasized in Unit 1 cell phone usage and analyzing the ethical dilemmas it presents gt Ethics and Cell Phones gtgt PROS Cell phones improve time ef ciency and convenience incorporated in extreme situations and help us stay in better connectivity with people around the world gtgt CONS Distraction during driving can result in detriments to one s health and one s privacy is a major concern gt Cell phone distraction causes 2600 deaths and 330000 injuries every year in the US gt New York Connec ricu r New Jersey California and Washing ron rhe Dis rric r oF Columbia and The Virgin Islands only places where drivers prohibi red ro ralk on cell phone while driving gt Radio Frequency levels in cell phones is ongoing deba re by scien ris rs as ro whe rher nega rive eFFec rs ro heal rh gt Two primary ways ro main rain e rhics during driving gtgt SelFresponsibili ry promo ring raking responsibili ry For oneselF and being concerned wi rh rhe wellbeing oF o rhers gtgt Legal measures es rablishing laws rha r keep people From using cell phones in harmFul ways mo riva rion by resul ring punishmen r gt HandsFree devices and use oF cell phones only when necessary would decrease nega rive eFFec rs oF cell phones
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