J201 Media and Society
J201 Media and Society
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Date Created: 05/25/14
CK1gt7 Legal Controls and Freedom of Expression Terms Authoritarian model under this model criticism of government and public dissent were not tolerated and the government actively censored any expression it found threatening and issued printing licenses only to those publishers willing to say positive things about the government State model government controls the press and what it reports leaders believe that the press should serve the goals of the state government tolerates some criticism suppresses ideas that challenge the basic premises of state authority Social responsibility model captures ideals of mainstream journalism in the US and most other democracies press functions as a fourth estate Fourth estate an unof cial branch of government that watches for abuses of power by legislative judicial and executive branches Libertarian model the ip side of both the state and authoritarian models and an extension of the social responsibility model model encourages vigorous criticism of government and supports the highest degree of individual and press freedoms Prior restraint courts and governments cannot block any publication or speech before it actually occurs Copyright legally protects the rights of authors and producers to their published or unpub ished writing music lyrics TV programs movies or graphic art designs Public domain would give public free access to the work Libel defamation of someone s character in written or broadcast form Slander spoken defamation Actual malice reporter or editor knew the statement was false and printed or broadcast it anyway Opinion and fair comment notion that libel consists of intentional misstatements of factual information not expressions of opinion Right to privacy addresses a person39s right to be left alone without his or her name image or daily activities becoming public property Gag orders a judge39s order that a case may not be discussed in public Shield laws state that reporters do not have to reveal their sources of information used in news stories Section 315 section of the 1934 Communications Act that mandates that during elections broadcast stations must provide equal opportunities and response time for quali ed political candidates Fairness Doctrine FCC rule that required stations to air programs about controversial issues affecting their communities and to provide competing points of view during the programs 0 A closer look at the rst amendment The Bill of Rights contained rst 10 Commandments to the constitution didn39t want government to control circulation of ideas that had occurred in Europe 0 Interpretation of free expression four models with differing interpretations on what free expression means 1 Authoritarian model 2 State made 3 Social responsibility 4 Libertarian model Evolution of censorship supreme court decisions have de ned censorship as prior restraint however court said judiciary could halt publication in exceptional casesif publication would threaten natural secur y two pivotal court decisions tested prior restraint Pentagon papers decision Daniel Ellsberg former Defense Department employee stole 47 volume report history of US DecisionMaking Process on Vietnam Policy study US involvement in Vietnam since WWII Supreme Court sided with newspaper 2 Progressive magazine decision progressive left wing magazine wanted to publish article on HBomb sided with government because didn t want dangerous information getting out on nuclear bombs c Q k c Q 91gt l 7 P Q N 5 P P P P g P seditious stateents anything expressing opposition o war effort clear and present danger criterion for expression 0 Copyright infringement Copyright Act in 1790 gave authors the right to control their published works for 14 years with opportunity to renew copyright protection for another 14 years than work would enter public domain 1998 Congress extended the copyright period for 20 additional years what constitutes fair use standard that enables students to legally quote attributed text in their research papers gt Does video remix count Stop Online Piracy Act SOPA and Protect Intellectual Property Act PIPA are trying to get legislation that would criminalize infringement 0 Libel examples falsely accusing a person of a crime professional incompetence falsely stating someone as mentally ill or engaging in unacceptable behavior and falsely accusing a person of associating with a disreputable organization or cause 3 Publisherbroadcaster was negligent in failing to determine the truthfulness of the statement another defense is rule of opinion and fair comment obscenity what constitutes obscenity current de nition meet 3 criteria 2 3 Average person nds material as a whole appeals to prurient interest Material depictsdescribes sexual conduct in a patently offensive way The material lacks serious literary artistic political or scienti c value Electronic Communications Privacy Act 9986 extended the law regarding private citizens to computer stored data and the internet including employee s emails which was weakened by the USA atriot Act of 2001 that gave federal government more latitude in searching private citizens records and intercepting electronic communications without court order 1 amendment versus sixth amendment 1 protections of speech and the press 6 guarantees an accused individual in all criminal prosecutions the right to speedy and public trial by an impartial jury gag orders shield laws and laws governing use of cameras in a courtroom all put restrictions on speech and other forms of expression for the sake of 6 amendment rights The 1 amendment and lm movies were subject rst to censorship by citizen groups and lawmakers and then to the lm industry s self censorship until in 1952 the supreme Court ruled it was protected speech citizens and lawmakers control movies gt Review boards civic leaders who screened movies to determine moral suitability for the community gt In 1915 rst decision regarding lm s protection under rst amendment with Mutual vs Ohio and re ected prevailing attitudes toward lm motion pictures weren t a form of speech rather a business and not protected by rst amendment movie industry regulates itself gt The motion picture producers and distributors of America Will Hays was made president in the 1920s and blacklisted promising actors or movie extras who had minor police records and also developed a public relations division for the MPPDA which stopped national movement to create a federal law censoring movies motion picture production code Early 1930s Hay s Of ce established the MPPC that stipulated no picture shall be produced which will lower the moral standards of those who see it Dictated what phrases images and topics producers and directors had to avoid In 1952 Supreme Court decided in Burstyn vs Wilson that movies were important vehicle for public opinion and put American movies on same footing as books and newspapers in term of protection under rst amendment the rating system MMPDA Motion Picture Association of America 19605 established movie rating system gt Communications Act of 1934 radio broadcasters operate in public interest convenience or necessity which didn t sit well with broadcast programmers due to government not being able to dictate newspaper content 1 Red Lion Broadcasting Company vs FCC 1969 Fred Cook author of book criticizing Barry Goldwater Republican Party President candidate in 1964 wanted airtime in response to attacks FCC voted yes Red Lion voted no court sided with FCC arguing that public interest airing of different viewpoints outweighs broadcaster s rights 2 Miami Herald Publishing Company vs Tornillo should Miami Herald have been forced to give political candidate Pat Tornillo Jr space to reply to an editorial opposing candidacy Supreme Court sided with paper force violated paper s1St amendment right to decide what to publish print media had more freedom than broadcasting dirty words indecent speech hefty nes gt Government may punish broadcasters after the fact of broadcast content for indecency gt Topless radio featured deejays and callers discuss intimate sexual subjects in the afternoon gt FCC uphold s authority to require broadcasters to air adult programming only when children aren t likely to be listening gt Banned indecent programs from 6am to 10pm political broadcasts and equal opportunity gt Section 315 of 1934 Communications Act gt TV networks managed to get law amended in 1959 to exempt newscasts press conferences political debates that qualify as news gt Enables lesser known candidates to add perspective as well as less wealthy a more affordable channel fair coverage of controversial issues Fairness doctrine Stations avoided airing controversial issues Became a regulation not extension of Section 315 law communication policy and the internet Internet not regulated by government not subject to communication act of 1934 and little selfregulating many people see as one true venue of unlimited speech under rst amendment First amendment in a Democratic Society citizens count on journalists to alert them to abuses in government and business today news address us as consumers rather than citizens media worker s jobs have been threatened by outsourcing and consolidation concerns over who can afford access to the media go to the heart of free expression we need to take part in public debates about media ownership and control citizen action groups like Free Press the Media Access Project and the Center for Digital Democracy have worked to bring media ownership into mainstream WikiLeaks helps get unvarnished truth out to public are there limits to public s right to know Under what conditions do secrecy and con dentiality serve the public interest 1 what are four models of interpretation for what quotfree expressionquot means 2State made 3SociaI responsibility 4Libertarian model Answer 2 1Pentagon papers decision Daniel Ellsberg former Defense Department employee stole 47 volume report history of US DecisionMaking Process on Vietnam Policy study US involvement in Vietnam since WWII Supreme Court sided with newspaper 2 Progressive magazine decision progressiveleft wing magazine wanted to publish article on HBomb sided with government because didn t want dangerous information getting out on nuclear bombs 1PubIic statement was false 2 damages and actual images occurred 3Publisherbroadcaster was negligent in failing to determine the truthfulness of the statement