FINAL STUDY GUIDE
FINAL STUDY GUIDE POSC 225
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Date Created: 12/12/15
POSC 225 FINAL STUDY EXAM TOPIC 7 The media and politics and 8 civil rights and civil liberties Yellow journalism the sensationalization and exaggeration of the news tabloid journalism Muckraking journalistic investigation and exposure of scandals corruption and injustices pioneered during the late19th century Progressive Era Fairness Doctrine sought to assure that different point of views had equal time on the airwaves repealed in 1987 opening the door to partisans shows Agenda Setting tells views what to think ABOUT not WHAT to think what news we talk aboutwhat is shown the ability for TV media to change how we see reality Priming changing the standards by which people form attitudes and opinions Framing how information is presented alters the reactionsbeliefsviews of people Horse race coverage used by media scholars to explain how the media covers campaigns all about who s winningIosingcoming updropping out increased coverage on placement rather than actual policy Shrinking sound bites sound bite an audio clip of someone talking the amount of time a politician can expect to be talking on the news has gone down dramatically 1906 First televised debate Nixon v JF Kennedy This was the rst televised debate Nixon looked washed out his suit matched the background Kennedy was younger more attractive taller and better dressed He was overall more TELEGENIC Those that watched the TV debates were polled as saying JFK would win the Presidency those listening on the radio claimed Nixon would win Showed the importance of appearance in new televised debates quotDaisy Adquot 1964 election between Johnson and Goldwater a famous campaign ad that depicted the idea that if you vote for Goldwater you vote for a nuclear warholocaust It was so controversial that it became its own news story which led to free advertising for the Johnson campaign quotWillie Horton Adquot 1988 election between Bush and Dukakis Willie Horton was a black man who murdered a child and was put in jail While in jail he received 10 quotweekend passesquot one of which he used to kill and rape a couple Dukakis was known as weak and this ad insinuated that he supported the use of weekend passes for criminals but it failed to mention that he did not institute them quotWindsur ng Adquot 2004 election between Bush and Kerry Kerry was known to quot ip op in his political views This ad showed a video of him windsur ng back and forth It was meant to show that he decides quotwhich every way the wind blowsquot Also who the heck has the money to windsurf as a hobby Not the average American that s for sure Unintended media gaftes an error sayingdoing something that re ects badly on yourself that gets caught on videorecording Very important and can be highly damaging to a campaign Ex Howard Dean s quotBYAHquot Leak politicians purposefully give strategically consequential information to the media anonymously can be positive or negative Trial Balloon politicians oat an idea in the media under the condition that the story remains anonymous and hypothetical in order to see what the public s reaction is if good they announce it if bad they claim to have no idea where it came from and pass it off as a rumor Media as quotThe Great Mentionerquot implies relevance when the media talks about a candidate people learn their name which leads to name recognition and eventual support Media was quotThe Great Winnowerquot the media has the power to cut down the people in an elections by not mentioning them or claiming that they are done When the media thinks you re done you re done Professional Bias pack journalism everyone covers the same story so they don t miss out Ideological Bias NOT as black and white as it seems Many believe that journalists are liberally biased but other media forms are conservatively biased Therefore there is not an overall obvious ideological slant for all media Selection Bias a bias towards negativity anything new unusual exciting or violent News Media organizations that gather package and transmit the news through some proprietary communications technology Sensationalization giving people what they want rather than what they need bigger bolder headlines Media Bias bias or slant in the selection on which news to report and how it is reported Prior Restraint when a government seeks to prevent the publication and dissemination of written and recorded speech Slander and libel false and malicious information that damages another person s reputation slander speech ibewritten Embedding putting reporters literally into a situation in order to gain credibility on a story ex military Pack journalism journalists follow the same story in the same ways because they talk to each other while reporting and read each other s copies for validation Civil rights speci c rights that embody the general right to M treatment under the law Reconstruction 18651877 essentially the north readmitting the south an attempt to solidify republican power post Civil War Plessy v Ferguson 1896 quotseparate but equalquot for different races was constitutional used to maintain Jim Crow aws until Brown v Board of educann Committee on Fair Employment Practices part of FDR s New Deal he made an executive order banning employment discrimination in federal agencies Committee made permanent in 1948 Dixiecrats run by Strom Thurmond a opposed to Truman becoming President Brown v Board of Education supersedes Plessy v Ferguson desegregates all schools with quotall deliberate speedquot ChiefJustice Warren wanted a unanimous vote but he had to keep it ambiguous in order to do so He said that education is a fundamental right and separate facilities are inherently unequal Voting Rights Act of 1965 nally secures the right to vote for African Americans in the South led to a swell in the registration polls De jure versus De Facto Segregation by law segregation is illegal de jure but by factreality segregation is overwhelmingly evident de facto This led to busing which neither side agreed with and affirmative acUon quotBrown Powerquot ght for Hispanic Civil Rights led by Cesar Chavez and the Farmer Workers union tried to improve working conditions by using similar tactics to MLK the increase in immigration both legal and illegal led to an increase in political power because of geographic concentration the population of Hispanic Americans in 2000 surpassed that of African Americans mostly in segregated schools not mixing ethnicities Civil Liberties fundamental freedoms that together preserve the rights of a free people protections fromagainst government power such as freedom of speech or press granted but not absolute lncorporation bringing state laws and practices under the rules of the Bill of Rights because the Bill of Rights does not mention the states This is the method which the supreme court has used to establish most civil liberties cases It has shifted a lot of power to the Federal Government Barron versus Baltimore Supreme Court held that the Bill of Rights restrained only the Federal Government a huge victory for state s rights advocates Made the Bill of Rights almost meaningless at the local level Incorporation was resisted because it would force the country to face the slavery issue head on Due Process Clause part of the 14th amendment all persons enjoy the same civil liberties and rights which the states cannot deny without due process of the law which must be applied equally to everyone Civil Rights versus Civil Liberties rights protections BY government power Liberties protections FROM government power Rights requires national government in full force Liberties requires mainly the Supreme Court reigning in majorities and protecting minorities Schenck v United States 1919 this case decided that any language that is a quotclear and present dangerquot is not protected under the rst amendment Schenck was a socialist that tried to persuade people to refuse being drafted into an immoral war It was said that this was quotakin to shouting re in a crowded theaterquot An example of threatening speech Stromburg v California 1931 an example of nonthreatening speech Stromburg was an elementary school teacher that had her students pledge allegiance to the Soviet Union s ag This was the rst time the Supreme Court applied rst amendment protection to unpopular speech They said it was not punishable if violence was not going to occur Texas v Johnson 1989 Johnson burned an American Flag outside of the Republican Convention He received a sentence of one year in jail which was overturned when the Supreme Court ruled that ag burning was an expression of political belief and that it was constitutional An example of nonthreatening speech Roth v US 1957 an example of obscene speech The Court deemed a work obscene when the average person saw it as prurient very vauge quotI know it when see itquot Miller v California Delegated the power to decide if a work was obscene to the localstate governments Allowed for local standards to be applied to a case This allowed the people to have more power to prosecute a work store bar etc as long as it didn t have literary scienti c political or artistic elements Near versus Minnesota the Government cannot censor media except when National security is in danger The NY Times versus United States 1971 Pentagon Papers a series of topsecret papers stolen and given to the NY Times to be published The papers discuss the history and tactics used in the Vietnam War they revealed information about how the war was actually going The Supreme Court ruled that it did not affect National Security which kept the government s hands off the media and retained the power of Free Press New York Times versus Sullivan The New York times posted an article disagreeing with the way the South was handling the African American Civil Rights and MLK City Commissioner Sullivan claimed that it was direct libel against him This case showed that public gures largely forfeit their right to sue for slander and libel They must prove that the information was presented maliciously knowingly and had a reckless disregard for the truth Establishment clause part of the rst amendment congress may not pass any law establishing or endorsing a particular religion The Lemon Test to see if the establishment clause had been violated not clear This led to a principle agent problem due to ambiguity Lemon v Katzman 1971 1 Statute law must have a secular legislative purpose 2 Statue must neither advance nor inhibit religion 3 Statue must not foster excessive government entanglement with religion Neutrality test replaced Lemon Test as long as the law does not privilege religious groups over nonreligious groups then its okay The Government must stay neutral Engel v Vitale 1962 ruled that prayer in public schools is illegal Free Exercise Clause congress cannot pass any laws that compromise religious beliefs clashes with the establishment clause in many cases Cantwell versus Connecticut 1940 court must have a compelling interest with deciding on cases involving religion Exclusionary Rule part of the fourth amendment illegally found evidence cannot be used against you Map v Ohio 1961 exclusionary rule applied to the states quotGood Faithquot effort has long as police tried to fellow procedures then evidence can be used The changing ideology in the court had led to this change Selflncrimination you don t have to testify if you don t want to if you think it will lead to your incrimination Miranda v Arizona 1964 Miranda the plantiff created the Miranda Rights aimed at protecting suspects from the time they are arrested until they are accused quotRight to remain silentquot protects against police brutality forced confession etc Double Jeopardy part of the 5th amendment You cannot be charged for the same crime twice if you were acquitted the rst time and new evidence was found you cannot be tried again this does not apply to cases that reach both state and federal levels For example if you were acquitted at the state level you CAN be tried again at the Federal level Giddeon versus Wainwright 1963 Right to a council and impartial jury of peers Poor defendants deserve representation Giddeon couldn t afford a lawyer and was put in jail he studied the law and then sued for this rights He was tried again with a lawyer and was acquitted 8th Amendment protects against cruel and unusual punishment The death penalty is in debate with this amendment There is a racial bias death penalty called for when victim is white or when the accused is African American as well as rules against mental capacity if the accused is below a certain IQ they cannot receive the death penalty and an age restriction under 18 cannot be put to death Penumbras implicit zones of protected privacy rights have been asserted by the court in recent decades Privacy rights are not mentioned in the Constitution some say that they are implied others say they are completely fabricated Griswold versus Connecticut 1965 married women entitled to contraception Eisenstadt versus Baird 1972 single women are entitled to contraception Roe versus Wade 1973 established woman s lright to choose whether to have an abortion in 1st trimester for any reason 2nCI trimester states could decide 3rCI trimester state could ban abortion except when mother s life is in danger Lawrence versus Texas 2003 Sodomy Laws entitled privacy for homosexuals The Right to Die assisted suicideeuthanasia Oregon ruled that you can choose to die at the end of a painful fatal situation DC V Heller 2003 ruled that gun ownership is an individual rather than group right
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