Midterm Study Guide
Midterm Study Guide TRF 637
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This 5 page Study Guide was uploaded by Aaron Fuller on Wednesday March 9, 2016. The Study Guide belongs to TRF 637 at Syracuse University taught by R. Gutterman in Spring 2016. Since its upload, it has received 132 views. For similar materials see Telecommunications Law & Policy in Communication at Syracuse University.
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Date Created: 03/09/16
Telecommunications Law & Policy Midterm Study Guide State Court Structure (Lowest to Highest) 1. Local, Intermediate appellate, state appellate 2. US District, US Circuit Court of Appeals 3. US Supreme Court Federal Court System Structure 1. US District 2. US Circuit Court of Appeals 3. US Supreme Court Writ of Certiorari Petition to have something reviewed by Supreme Court, indicates court is willing to review a case Constitutional Law Is based on judicial interpretation, supersedes all declarations of public policy Statutory Law Laws passed by legislation Administrative Law and Agencies: 1. FCC Federal Communications Commision 2. FEC Federal Election Commission 3. FTC Federal Trade Commision 4. FDA Food and Drug Administration 5. SEC Securities and Exchange Commission Civil Suit vs. Criminal Case Civil is about monetary damages and criminal is about crime First Amendment Rights 1. Speech 2. Press 3. Religion 4. Assembly 5. Petition Prior Restraint Cease and desist, cannot reveal trade secrets, prior censorship Protected Speech vs. Unprotected Speech Protected speech is anything that is not defamatory or harmful Unprotected yelling fire in a theatre Compelling Government Interest Allows government to regulate for public interest Miller Test 1. Lacks serious artistic, literary, scientific value 2. Patently offensive under state law 3. Appeals to prurient interest (a normal reasonable person) Obscenity Anything that fails the Miller test, is not protected under free speech Contentneutral restrictions Regular speech without regard to the subject matter, not specific to a certain group (Ex: Concerts in the park) Defamation Ruins/injures reputation Elements of Defamation 1. False statement of fact 2. Published, heard by 3rd party 3. Concerning /about plaintiff 4. Harms reputation damages Libel per se Written defamation Elements of Libel per se (if you can claim damages) 1. Loathsome of disease (STD) 2. Imputing on chastity 3. Imputation of a crime 4. Incompetence/dishonesty on business or trade FCC Regulations: Broadcast TV Public interest so it must be regulated Regulations on: Contest and lotteries cross ownerships (tv & Newspaper, T.V & Radio) National T.V ownership Dual T.V Network Ownership ← prohibits merger between 2 major tv networks Radio Public interest so it must be regulated restrictions based on sliding scale that varies by the size of the market Payola (receiving monetary contributions or favors to influence radio play/advertising) is illegal Political Ads You have to be fair Everyone gets charged the same amount must allow candidate or political party free air time to dispute claims made by another candidate or political party, if requested must explain cost/benefits of requested ad placements by candidates Safe Harbor Hours 10pm to 6am broadcasters may transmit material deemed indecent for children Standards of proof for plaintiff (how much evidence you must have): Negligence The failure to comply with rules or to do something a normal person wouldn’t do, duty to care and a breach of that duty, legal duty for safety Private Figure burden of proof is lower for private figure, easier to sue Public Official/Public Figure Burden of proof is higher, must meet actual malice Defenses: Truth Courts require that a statement is substantially true for the defense to apply Privileges immunity , right to do something Opinion Fair comment satire/parody Qualified (doctor, priest) absolute Absolute protects a person from tort claims; immunizes a defendant from suit no matter how wrongful the action might be Conditional/Qualified an otherwise defamatory statement gets protection when the statement meets these conditions: Made in good faith person making statement has interest in subject matter statement is made to a person also having interest in subject made without malice Fair Comment Opinion Neutral Reportage A reporter can only report what was said Statute of Limitations Actual Malice Know falsity and reckless disregard for the truth Invasion of Privacy 1. Commercial appropriation use of image and likeness 2. False light putting something in a different context 3. Intrusion 4. Publication of private facts Publisher vs. Distributor – Communications Decency Act (CDA) Section 230 ISP cannot be held liable for a 3rd party Zeran v. AOL Cases: Zeran v. AOL Zeran sues AOL and radio station, arguing that AOL was on notice liability, radio station publishes story was in the wrong because it was distribution of false statement New York Times v. Sullivan Plaintiff Sullivan Alabama police chief sues NY Times for libel about aditorial, all white jury Actual malice not proved by Sullivan Gertz v. Robert Welch established the standard of First Amendment protection against defamation claims brought by private individuals. The Court held that, so long as they do not impose liability without fault, states are free to establish their own standards of liability for defamatory statements about private individuals. Red Lion Broadcasting Co., Inc. v. FCC FCC “fairness doctrine Reply time was refused Personal attacks Government allocated frequencies Freedman v. Maryland ended governmentoperated rating boards with a decision that a rating board could only approve a film and had no power to ban a film. A rating board must either approve a film within a reasonable time, or go to court to stop a film from being shown in theatres. FCC v. Pacifica Foundation Safe harbor hours stemmed from this case Pacifica got away because safe harbor hours were not in place Davis v. Constantin CostaGavras, Universal Studios Plaintiffs (the author Hauser, publishers HBJ and Hearst, and filmmakers CostaGavras, Universal, and MCA) claim that defendants, through publication of the books and release of the film, "falsely accused [them] of ordering or approving the order for the murder of Charles Horman." libel Cox Broadcasting Corporation vs. Cohn freedom of the press publishing public information. The Court held that both a Georgia Statute prohibiting the release of a rape victim's name and its commonlaw privacy action counterpart were unconstitutional.
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