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Journalism Test 2

by: Olivia Brown

Journalism Test 2 JOUR 303 002

Olivia Brown

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About this Document

Law and ethics of mass communication, sixth amendment, Federal Communications Commission, Communication Act, Gag orders, Freedom of Information Act
Law and Ethics of the Mass Communications
Carmen D. Maye
Study Guide
law and ethics of mass communications, journalism, court cases, Amendments
50 ?




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This 2 page Study Guide was uploaded by Olivia Brown on Monday March 21, 2016. The Study Guide belongs to JOUR 303 002 at University of South Carolina taught by Carmen D. Maye in Spring 2016. Since its upload, it has received 100 views. For similar materials see Law and Ethics of the Mass Communications in Journalism and Mass Communications at University of South Carolina.

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Date Created: 03/21/16
Journalism test 2 study guide Notes- FCC regulates broadcasting, radio, tv, wireless. Print media receives HUGE protection/ unlimited resources, broadcast media receives only “big” protection/ limited resources. owned 2. privately owned 3. hybrid of both Radio Act 1927—> Communication Act ’34—>Telecom Act ’96 Communication Act— FCC to maintain control over the channels of interstate and foreign radio transmission and to provide the use of channels but not the ownership thereof. FCC regulations: EQUAL OPPORTUNITIES RULE -aka equal time rule -says candidates running for office, each network has to reserve the same amount of time on tv for each candidate. -same networks, not same shows (examples: commercials) -FCC also makes networks charge reasonable prices to candidates. FAIRNESS DOCTRINE -view point A and B must be shown, have to show both sides of an argument on Networks -more into what people are saying and what content they are carrying -FCC hasn't really enforced -eventually became not even being reported MILLER vs CALIFORNIA- made the Miller test (depicts what is obscenity and what is not) 1. average person applying contemporary community standards, as a whole appeals to the prurient interest 2. work depicts a patently offensive way sexual conduct specifically defined by applicable state law. 3. work, lacks serious literary, artistic, political or scientific value SIXTH AMENDMENT—>the right to a public trial/ speedy public trial by impartial jury criminal defendants some rights, was drafted and revised for criminal defendants. GAG ORDER -trial participants -media -judge gives gag orders to keep information closed/ keeps information from going public before trial is over -very extreme for the media -judges way to protect 1st and 6th amendment rights CONTINUANCE -to extend the time the case occurs -let publicity die down -can be good or bad for defendant or prosecutor VOIR DIRE PROCESS -questions asked to people there for jury -lawyer from both sides JURY ADMONITIONS—>jury cant talk about/research about current case JURY SEQUESTRATION—> jury is all housed in a hotel together. no tv, newspaper, internet/ are provided own entertainment/ state pays for everything. AD HOC CONSTITUTIONAL BALANCING- responsibility of the court to balance the freedom of expression with other values determined case-by-case strategy. FREEDOM OF INFORMATION ACT —State “access” laws in general- —The law that governs access is called— S.C. Freedom of Information Act —The FOIA is an example of- a statute (A Statute is- typically command or prohibit something, or declare policy. Made by legislative bodies for case law, decided by courts, and regulations issued by gov. agencies.) —If a public body has a record in its possession that is did not actually create(the record was created by someone else), the public body still has to allow members of the public to see it. —As long as the charge does not exceed the actual cost of searching for and making copies of public records the public body can make a profit —In South Carolina, FOIA applies to large public bodies. — In South Carolina a “public body”is referred to as any entity that is supported in while or in part by tax dollars. —FOIA allows for criminal prosecution of persons willfully violating the law. —In FOIA, a court may issue an injunction to prevent a continuing violation of the law. — In FOIA, public records subject to the disclosure requirements of the law include electronic records as well. —In South Carolina, FOIA requires public bodies to reply to a written request within 15 business days. —In South Carolina, FOIA specifies that public body CANNOT deny a written request just by simply failing to respond within the time limit allowed by the law.


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