JRL 101 Chapter 13 Lecture Notes
JRL 101 Chapter 13 Lecture Notes JRL 101
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This 4 page Class Notes was uploaded by Mikaela Spence on Wednesday February 10, 2016. The Class Notes belongs to JRL 101 at West Virginia University taught by Dr. Oppe in Summer 2015. Since its upload, it has received 22 views. For similar materials see Media and Society in Journalism and Mass Communications at West Virginia University.
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Date Created: 02/10/16
JRL 101 Chapter 13 Free Speech and Fairness Barbara Wringer • Hired by copyright office 1949 • 1970’s tried to become boss o Didn’t hire her o Hired a guy with less credentials o She filed a lawsuit saying it was sexist not to hire her o Won • Extended copyright life First Amendment • Freedom of speech and press Zenger • New York Journal • Governor threw Zenger in jail because he accused the governor of corruption • Zenger said, “What I wrote was true.” • Jury found Zenger not guilty Limits on Free Speech • 1798-1800 • Couldn’t have anything written that’s negative about your government o Thomas Jefferson eventually pardoned everyone charged with the crime of this law • WWI and WWII o Don’t want to say anything against government during a war, you will be a traitor Post 9/11 Limits of Free Speech • USA Patriot Act • Allows to examine individual media use • Everything that will happen in the past will happen again. Libel • Defamation o Damaging a person’s reputation in some way • Identification o Other people recognize a person in a story, even if the name isn’t used • Publication o Story is published or broadcast/seen by a third party Defenses against Libel • Truth o Based on Zenger defense, telling the truth saved him • Privilege o Anything to do with government, may have the right to say things against the government o Neither true nor false • Opinion o Opinions don’t matter, because they aren’t factual. o You can’t prove it Libel- NYT vs. Sullivan • Sullivan o Was a Montgomery, Alabama police commissioner • NYT had an ad saying “Racial discrimination in America needs to stop” o Then it went on to tell a story about Montgomery, AL o Some of the story was not true o Sullivan claimed he was libeled by errors o Then the Alabama courts said Sullivan was libeled o BUT the Supreme Court said that the errors were inevitable § Papers can make errors Invasion of Privacy • Intrusion o Trespass into a space surrounding a person or property under their own control • Embarrassment o True but embarrassing facts that are not newsworthy § HDH getting sent to Peyton Manning’s house for wife • False Light o Untrue statements that change a person’s public image § Girls spreading rumors • Misappropriation o Right to commercial use of name/image • Privacy law in Europe o Princess Diana was killed by paparazzi Free Press/ Fair Trial • Fugitive movie, Sam Shepard o Everyone thought he was guilty before he even got a trial • Case Anthony o Lot of publicity, if it was a black girl she wouldn’t have had that much publicity • Noriega vs. CNN o Temporary restraining order against CNN o CNN violated it and paid the fine • Camera in courtroom o Banned in 1935 for being disruptive o New technology is small and less intrusive o Allowed in many courts on a case-by-case basis Honesty and the Press • Woodward and Bernstein go to Deepthroat • Food Lion o Reporters went undercover because Food Lion was putting Ammonia in meat o Court said that the producer behavior was wrong o ONLY awarded $2 in damages Prior Restraint • 1931 case, newspaper publisher Jay Near was accused of being racist o Minnesota stopped publishing Near because of these claims • Daniel Ellsberg o Leaked a report on Vietnam Policy o Leaked documents were embarrassing but were all true o Supreme Court said that USA citizens have a right to know what is going on in Vietnam • Progressive Magazine o Tried to get a story about how nuclear weapons worked o Story based on public information o District court issued restraining order against magazine Free Speech and Students • High school newspaper is NOT a vehicle for free speech • Morse vs. Frederick o Frederick puts up a banner saying “BONG HITS 4 JESUS” o Supreme Court said the principal could punish the kid for promoting illegal drugs on school grounds Shield Laws • Laws that give journalists special protection from testifying about stories and sources Obscenity –Roth vs. US • Would you watch 50 shades with your grandma? • Three part test Obscenity • Miller vs. California • Roth test • Miller won • All depends on court and judges • Is it the person that puts it on the Internet, or the medium used to put it up? • Indecency- Vulgar • Obscenity- sexually arousing Media Transformations • You own what you post? • Who posts it? • Who owns it? Broadcast Regulation • 1912- Titanic o Not required by law to have the radios on o People could have been saved o Law to keep on radio • FCC- regulate everything o RG3’s knee broken o FCC pulled it from cable • Equal Time o All political candidates need to have an equal amount of screen time • Fairness o Pipeline, Environment issues o Pros and Cons Telecommunications of 1996 • V-chip o Did your parents ever use the V-chip on you?