Term
| 4 conventional models for speech and journalism |
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Definition
1. authoritarian
2. communist
3. libertarian
4. social responsibility. |
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-developed about the time the printing press arrived in england in the 16th century
- advocates held that the general public, largely illiterate in those days, needed guidance from an elite, educated ruling class. |
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| press control resides in governement. |
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flip side of state and authoritarian systems, encourages vigorous government criticism and supports highest degree of freedom for individual speech and news operations.
- tolerate the expression of everything. |
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| social responsibility model |
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Definition
| characterizes the main ideals of mainstream journalism in the US. |
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Term
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Definition
function of the press in the social responsibility model.
- press is an unofficial branch of government that monitors he legislative, judicial, and executive branches for abuse of power.
- better able to watch over the system on behalf of citizens. |
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Definition
- what the supreme court has defined censorship as
- courts and governments cannot block any publication or speech before it actually occurs, on the principle that a law has not been broken until an illegal act has been committed. |
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tried to curb criticism by the opposition democratic-republican party.
- used to prosecute anti-federalist newspapers |
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Term
| Espionage Acts of 1917 and 1918 |
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Definition
enforced during WWI & WWII, made it a federal crime to disrupt the nations war effort.
- also authorized severe punishment for seditious statements. |
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Term
| Schenck vs. United States |
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Definition
| case during WWI in which the supreme court upheld the conviction of a socialist party leader, charles t. schenck, for distributing leaflets urging American men to protest the draft, a violation of the recently passed Espionage act. |
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Definition
| legally protects the rights of authors and producers to their published or unpublished writing, music and lyrics, tv programs and movies, or graphic art designs. |
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| Digital Millennium Copyright Act of 1998 |
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Definition
goes beyond traditional copyright protection to outlaw technology or actions that circumvent copyright protection systems.
- it may be illegal to merely create or distribute technology that enables someone to make illegal copies of digital content. |
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Definition
| spoken language that defames a person's character |
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Term
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Definition
- biggest single legal worry that haunts editors and publishers
- another form of expression that is not protected under the first amendment
- refers to the defamation of character in written or broadcast expression.
- false statement that holds a person up to public ridicule, contempt, or hatred or injures a person's business or occupation. |
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Term
| 3 proven things to successfully argue a libel case |
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Definition
1. public statement about them was false
2. that damages or actual injury occurred, such as the loss of a job, harm to reputation, public humiliation, or mental anguish
3. that the publisher or broadcaster was negligent. |
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Definition
that the reporter or editor knew the statement was false and printed and broadcast it anyway, or acted with a reckless disregard for the truth.
- hard to prove
- protects the first amendment rights of the media and also allows news operations to aggressively pursue legitimate stories without fear of continuous litigation. |
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Term
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| civil courts determine, on a case-by-case basis, whether plaintiffs are public of private persons. |
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Term
| 2 categories of public figures |
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Definition
1. public celebrities or people who "occupy positions of such pervasive power and influence that they are deemed public figures for all purposes"
2. individuals who have thrown themselves--usually voluntarily but sometimes involuntarily-- into the middle of a "significant public controversy" |
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Term
| best defense against libel... |
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Definition
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Term
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| when prosecutors accuse defendants of being murderers and they are later acquitted, lawyers are protected from libel on the legal theory that in public courtrooms the interests of an individual are overridden by the larger common good of the legal process. |
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Definition
| a legal right allowing journalists to report judicial or legislative proceeding even though the public statements being reported bay be libelous |
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| addresses a person's right to be left alone, without his or her name, image, or daily activities becoming public property. |
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| most common invasions of privacy |
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Definition
1. intrusion
2. the publication of private matters
3. unauthorized appropriation of a person's name or image for advertising or other commercial benefit. |
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Term
| Child Online Protection Act |
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Definition
| makes it illegal to post "material that is harmful to minors" |
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Term
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Definition
derives from Miller vs. California (involved sanctions for using the mail to promote or send pornographic material.
criteria:
1. average person, applying contemporary community standards, would find that the material as a whole appeals to prurient interest
2. the material depicts or describes sexual conduct in a patently offensive way
3. the material, as a whole, lacks serious literary, artisitc, political, or scientific value. |
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Term
| 2 important ideas found in the Miller refinement of the Roth precedent |
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Definition
1. acknowledgement that different communities and regions of the country have different values and standards.
2. required that a work be judged as a whole, removing the loophole in which some publishers would insert a political essay or literary poem to demonstrate in court that their publications contained redeeming features. |
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restrictions that have been issued to prohibit the press from releasing preliminary information that might prejudice jury section.
- have been struck down as a prior restraint violation of the first amendment |
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opposition to gag rules.
- favored the first amendment rights of reporters by protecting them from having to reveal their sources for controversial information used in news stories. |
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Term
| 2 Important ways televising the OJ Simpson Case contributed to the democratic process |
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Definition
1. gave many people their first sustained glimpse into the strengths and weaknesses of the US legal system
2. focused national attention to the problems of spousal abuse, racial tension, and the need to judicial reform. |
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Term
| Communications Act of 1934 |
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Definition
| mandated in Section 309 that broadcasters operate in "the public interest, convenience, and necessity" |
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Definition
| profanity that government may punish broadcasters for. |
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Term
| Section 315 of the 1934 Communications Act |
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Definition
mandates that during elections, broadcast stations must provide equal opportunities and response time for qualified political candidates.
- broadcasters claim this violates their first amendment due to the fact that such rule does not apply to news papers or magazines. |
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Term
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Definition
FCC rule that required stations:
1. to air and engage in controversial-issue programs that affected their communities
2. when offering such programming, to provide competing points of view.
- ended in 1987 under the claim that it was more of a regulation than an extension to section 315. |
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