Media Law Unit - COMM 1301
Media Law Unit - COMM 1301 COMM 1301
Popular in Media and Society
Popular in Communication Sciences and Disorders
This 8 page One Day of Notes was uploaded by Ailia Owen on Wednesday January 14, 2015. The One Day of Notes belongs to COMM 1301 at University of Houston taught by Frederick Schiff in Spring2014. Since its upload, it has received 226 views. For similar materials see Media and Society in Communication Sciences and Disorders at University of Houston.
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Date Created: 01/14/15
Media Law 11415 950 PM Media Law Regulation Policy Politics and Power Struggles 0 Over free press and free speech are intertwined and influence the balance of power between 0 Upper Constitutional Principles Metaphor from a forprofit business contract 0 Social contract between 0 The government and the sovereign people 0 Government power limited by balance of power 0 Balance of power between 0 Political sphere government and public spherequot Public sphere includes 0 Private interests of wealthy persons and 0 public interestsquot of class ethnic regional gender groups collective self interestsquot 0 Balance between government power and power or rights of the individual persons 0 Balance of power between branches of government 0 Balance of power between levels of government First Amendment 0 Free religion 0 Freedom of speech and press 0 Freedom of the assembly 0 Right to petition for a redress of grievances o What degree should government Media Models Descriptive vs normative Authoritarian model 0 Private in monarchies dictatorship government censorship Loyalist vs subversive press 0 State run model 0 Political party runs after revolutions class interests 0 Government runs national independence industrialization mobilizing Libertarian Model 0 Private owner rights competing viewpoints adversarial press 0 Social responsibility model 0 Private owners public oversight press councils in parliamentary democracies Democraticparticipatory model 0 Communities run antiglobal media horizontal communication Media Policies in political economic text 0 British king 147616221704 John Milton Aereopagitica 1644 0 Want open competitionfree for what we do with society 0 No censorship Lenin 1917 o Hutchins Report 1947 0 President of University of Chicago 0 We are libertarian but should accept social responsibility model Nonaligned movement 19605 0 Led by Egypt Ghana 0 Media that reflects free life 0 Freedom House propaganda model 0 Coming out of the cold war 0 All enemies of united states are the ones that are the least free UNESCO New World Information Order 19805 0 Most information is produced in western industrialized countnes 0 Balance flow of news international AntiGlobalization Movement 1990520105 0 The Standard model within libertarian system Hallins donut Sphere of consensus o Domino theoryquot Communist aggression surrounding countries will fall to communism if neighbors turn 0 Sphere of legitimate Controversy o Tet offensive unwinnable war quagmire moved from consensus domain 0 My Lai massacre civil war moved from censored domain Platoon flies into village and kills everyone 0 Debate and different point of view 0 Sphere of DevianceCensorship 0 Gulf of Tonkin deception 0 US secret war in Cambodia 0 Not covered by media 0 Most people don t know about The standard is objective non partisan coverage but hallin shows it only applies to a fraction of the stories sources issues and events Censorship defined as prior restraintquot 0 Cases 0 Near vs Minnesota 1931 Newspaper accused police of negligence for not arresting gangsters n Ruled in favor of newspaper with exception to wartime o Pentagon Papers 1971 Ellison stole 27 vol history of Vietnam War plans Published by Washington post and NY Times Wanted to prevent further publication I Went to supreme court a Government lost and all of it was published 0 Progressive magazine 1979 How to make hydrogen bomb a Government injunction to prevent publication Unprotected forms of expression Alien and Sedition Act 1798 0 Democratic Republic accused with sedition Espionage Acts 191718 0 Unlawful to interfere with war effort 0 whistleblowers Patriot Act 2001 2006 0 After 911 0 Written before pushed it through after False or misleading advertising Expressions of clear and present danger to public safety Schenck vs US 1919 O Libel defamation of character or reputation Obscenity Copyright infringement Freedom of the Press Benjamin Franklin Penn Gazette 1729 political parties subside John Peter Zenger NY weekly journal 1733 o Refused to print with stamp Published by Authority or British King Said Government Wm Cosby incompetent Popular party opposed British rule 1734 Zenger arrested for sedition libel seditious writing anguage tending to incite rebellion against government 0 Libel a statement that damages a persons character or reputation o crown and aristocracy considered criticism to be sedition of their authority 0000 5 elements of Libel False Defamation Identification Publicationdissemination 0 Say it to another person Injurydamage Faultnegligence o For private citizens Actual Malice o For public officials or public figures someone who thrusts themselves in the midst of public controversy Intentionally wanted to hurt you Defenses against Libel Charges Provably true Fair comment and criticismquot 0 fair use and opinion satire parody Absolute privilege Qualified privilege 0 Media can quote in context what someone said In judicial and legislative proceedings Private individual Public official or public figures 0 Actual malice Statute of Limitations Commercial speech When time or space in bought Lesser protection and regulations must meet four tests 1980 Central Hudson gas and electric corp vs public service cms Concerns illegal activity or is misleading Restriction asserts a substantial government interest Regulation directly advances government interest Regulation not more extensive then necessary Copyright Law Copyright Act 1790 appropriation without consent not protected by First Amendment 0 Protected unpublished for 14 years 14 years 0 Then becomes part of public domain o 1976 extension life of author 50 years 0 Corporate interests Disney Mickey Mouse 0 1998 extensions life of Author 70 years Digital Millennium Copyright Act 1998 First Amendment protections 0 Fair comment and Criticismquot 0 fair use opinion satire and parody Since 19205 enforce licensing of music 0 ASCAP 1914 American Society of Composers Authors and Publishers 0 BMI 1939 Broadcast music Inc radio cooperative o SESAC Society of European Stage Authors and Composers Since 20005 monopolies vs consumersproducers o RIAA MPA and NAB against illegal file sharing 0 Monsanto Dow used to protect against GMO food restrictions and over rode crop contamination Unlike European consumers and small farmers 0 Big Pharma 5 patent indigenous gene pool 11415 950 PM 11415 950 PM