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Ethics and Law
COM 420 Final
42
Law
Undergraduate 4
04/19/2009

Additional Law Flashcards

 


 

Cards

Term
Deontological ethics
Definition
Duty based ethics focuses on the rightness or wrongness of intentions or motives behind action such as respect for rights, duties, or principles.
Term
Smith v. Daily Mail
Definition
question of publishing juvinille's name in an article.
Term
Using Children as Sources
Definition
1. Varies from State to State
2. age: emotional maturity
3. is there any other way to get information?
Term
Journalistic Guidelines:
Definition
- respect for persons balancing persons dignity
- social utility (what info is essential, vital, relevant)
- justice (you make the decision on how to treat the person)
- minimization of harm
Term
Shield Law
Definition
State law that protects journalist from having to reveal his source
Term
First Amendment Law v. Sixth Amendment
Definition
fair and speedy trial
Term
Subpoena
Definition
Must list what you are searching for.
"Summons to appear"
Term
Cohen v. Cowles Media Co.
Definition
Confidentiality
Term
Promissory Estoppel
Definition
Breaking a promise

must prove:
- made a clear and definite promise
- because of that promise it was the reason you told the info
- now that promise is broken, you must be paid.
Term
Branzburg v. Hayes
Definition
invalidating the use of the First Amendment as a defense for reporters summoned to testify before a grand jury
Term
Caldwell v. U.S.
Definition
What lower courts use to see how much freedom reporters have when subponed.
Term
Zurcher v. Standford Daily News
Definition
Cannot use 1st amendment protection when news room is being searched.
Term
Privacy Protection Act of 1980
Definition
Limited Searches and established the compelling interest rule

the Act prevents investigators from searching newsrooms to uncover information or sources that a news organization has assembled. The Act forces law enforcement to use subpoenas or voluntary cooperation to obtain evidence from those engaged in activities protected by the First Amendment.
Term
Blogging
Definition
by definition is journalistic.
"in my opinion" does not protect you.
Term
Journalist
Definition
- engaged in investigative reporting
- gathers news
- possesses intent to deseminate info to the public
Term
Criminals in the press
Definition
innocent until proven guilty in a court of law
Term
Murphy v. Florida
Definition
must be an impartial jurer
Term
Patton v. Yount
Definition
you can know about a case but cannot have made up your mind yet to serve on jury
Term
Voir pire
Definition
lawyers use this to shape jury
Term
Nebraska Press Association v. Stewart
Definition
- Gag order aimed at press
- when a judge could restrict info flow
* prior retraint
Term
Richmond Newspapers v. Virginia
Definition
7-1 ruling
- right of public and press to attend a criminal trial is a guarenteed 1st amendment right.
Term
Press Enterprise Test
Definition
- pre-trial hearings are presumptively open
- govt must show compelling reason to close
Term
What cases are always closed?
Definition
- summary judgement
- civil court cases ( custody/divorce)
- military/tribunal trials
Term
Estes v. Texas
Definition
ban on broadcasting the trial
- cameras were too bulky, hot lights, high voltage
Term
U.S. v. Martin
Definition
Presumption of camera access
govt must show compelling reason to ban cameras
Term
Chandler v. Florida
Definition
The presence of cameras in court room, do not impact the outcome of the trial
Term
Florida v. Palm Beach News
Definition
Before cameras can be excluded from court room you must prove they will effect the outcome
Term
Florida v. Green
Definition
cameras would cause tried person to go into psycosis
Term
Judges Domain -
Definition
They can decide how many cameras they will allow in court room.
Term
Death Penalty
Definition
think about it ethically.
Term
Obscenity
Definition
illegal and banned always
Term
Indecency
Definition
channelled (sometimes)
Term
Red Light District
Definition
limits on how close to schools, traffic, open 24 hours, magnets for crime and prostitution.
Term
Broadcast must worry about indecency
Definition
cable and sattellite are not legally bound
Term
Regina v. Hicklin
Definition
A work is obscene if it has a tendency to deprave or corrupt minds who are open to such.
Term
Roth v. U.S.
Definition
1. dominant theme of material (taken as a whole) has an interest in sex
2. patently offensive
3. must be without redeeming social value
Term
Miller v. California
Definition
1. average person applying local community standards has an interest in sex
2. work depicts sexual conduct depending on state law descriptions
3. work lacks serious, artistic, literary, political or scientific value.
Term
Jenkins v. Georgia
Definition
Defined patently offensive material.
no lude exhibition of genitals
Term
Variable Obscenity Laws
Definition
Material may be distributed to adults but not for children
Term
Ginsberg v. New York
Definition
sold magazines to a 16-year-old girl
two standards for ages
Term
Scienter
Definition
guilty knowledge
Term
Time/Place/Manner Test
Definition
1. content neutral
2. not a complete ban on communication
3. govt interest
4. narrowly tailored to restrict as little as possible
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