Term
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Definition
| Covers issues like workplace privacy, personal privacy, and electronic privacy |
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Term
| Workplace Privacy Example |
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Definition
| employer's right to administer drug tests to its employees, record their phone conversations, or examine their electronic mail |
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Term
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Definition
| school's right to administer drug test to its athletes |
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| Electronic Privacy Example |
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Definition
| law enforcement agencies' right to wiretap the telephones of criminal suspects |
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Term
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Definition
| Privacy can't be found in the Constitution or amendments |
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Term
| Warren and Brandeis Article |
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Definition
| Samuel Warren and Louis Brandeis published Harvard Law Review and claimed that advances in technology and voyeurism of the press meant that some regulations were required to protect individual privacy. People have the right to be left alone |
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Term
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Definition
| Established four categories of privacy law: false light, private facts, intrusion, and appropriation |
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Term
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Definition
| presentation of info about a person in a news story or other medium in a manner that may not be inaccurate but is misleading or exaggerated |
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Term
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Definition
| Julian Messner wrote a book about Warren Spahn, who was a pitcher for the Atlanta Braves based off of newspaper clippings and secondary sources. The book exaggerated Spahn's accomplishments as an athlete and soldier.The book included fictional dialouge and Spahn sued for false light. Won case. |
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| The Hill's home was invaded in 1952 and the convicts held the family hostage. Life magazine created an article and made the situation seem more violent than it really was. The Hill's sued Life magazine (owned by Time) but lost the case because they couldn't prove actual malice. This was the first application of the actual malice rule. |
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Term
| Cantrell v. Forest City Publishing (1974) |
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Definition
| A bridge collapsed and a reporter for the Cleveland Plain Dealer tried to interview a woman who's husband died. She was unavailable so he got quotes from other sources and made the family seem impoverished. Family sued the Plain Dealer and run because the reporter knew the info in his story was false but wrote it anyway. |
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Term
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Definition
-would be highly offensive to a reasonable person
-are not of legitimate interest to the public |
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Term
| 3 ways private facts are different from libel |
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Definition
1. libel cases deal with falsehoods and private facts deal with info that is truthful
2. libel claims are based on how the others view the plaintiffs, but private facts cases deal with how the plaintiffs view themselves
3.a defendant in a private facts case cannot use truth as a defense |
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Term
| 4 common defenses journalists use in private facts cases |
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Definition
1. newsworthiness
2.public domain
3. info isn't considered highly offensive
4. consent |
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Term
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Definition
| typically, once a person becomes newsworthy they will always be newsworthy.newsworthy material varies from different places, so courts generously allow media to determine what's newsworthy and what isn't |
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Term
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Definition
| info must be accurate and legally obtained. this is news that's been previously published, broadcast, or is generally known |
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Term
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Definition
| once you give consent during an interview it cannot be withdrawn |
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Term
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Definition
| if any portion of material was judged obscene, the entire book was declared obscene. |
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Term
| U.S. v. One Book called Ulysses (1933) |
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Definition
-need to look at the whole thing, not just a piece of it.
-came from a CoA decision |
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Term
| Roth vs. United States (1957) |
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Definition
-Supreme Court decision
-rejected the Hicklin test saying "whether to the average person applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest. |
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Term
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Definition
getting excited by something but feeling dirty about it
ex: child porn, sleeping with dead people |
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Term
| Miller v. California (1973) SCotUS |
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Definition
New definition of obscenity:
-Roth definition w/o the dominant theme
-whether work depicts or describes in a patently offensive way, sexual conduct specifically defined by the applicable state law
-whether work, taken as whole, lacks serious literary, artistic, political, or scientific value
-must say yes to all three before declaring something obscene |
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Term
| Patently Offensive Material |
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Definition
-representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or
-representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals |
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Term
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Definition
-radio show played clip giving a warning of bad language.
-one complaint by a parent who's 15 y.o heard the clip |
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Term
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Definition
-broadcast declared indecent
-FCC wants to protect kids
-didn't say you couldn't broadcast the material, but suggested you did at night |
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Term
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Definition
| defined as language that "describes in terms patently offensive as measured by contemporary community standards for broadcast medium, sexual or excretory activities or organs at times of day where there's reasonable risk that children may be in the audience |
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Term
| FCC v. Pacifica Foundation DC CoA |
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Definition
-FCC order reversed
-order was in direct violation of sec. 326 of communications act |
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Term
| FCC vs. Pacifica Foundation (1978) SCotUS |
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Definition
-original FCC order upheld
-channeling doesn't equal censorship
-safe harbor hours concept upheld |
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Term
| Action for Children's Television v. FCC (Act 1) |
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Definition
-July 1988- DC CoA rules on FCC's new indecency regulations
-new safe-harbor hours not upheld
-indecent speech protected under the 1st amendment |
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Term
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Definition
-24 hour indecency ban
-stuck bill on a federal budget bill and it got passed |
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Term
| ACT vs FCC (Act 1 Part 1) |
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Definition
-DC CoA stays the ruling as violation of 1st amendment protection
-Children were consider 16 and younger
-5-0 vote in favor of 24 hr ban |
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Term
| ACT vs. FCC (Act 2 Part 2) |
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Definition
May 1991: DC CoA erases 24 hr ban
-Safe harbor back to 10-6am |
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Term
| Telecommunications Act of 1992 |
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Definition
-safe harbor hours changed to midnight to 6am
-noncommercial broadcaster that goes off at midnight has safe hours starting at 10
-these safe harbor hours with exceptions were passesd in Jan. 1993
-in Nov. 1993, DC CoA strikes down indecency ban during 6am to midnight |
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Term
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Definition
-July 1995: DC CoA
-all judged on bench heard case en banc
-safe harbor concept constitutional but exceptions are not
-decision uphelp in 1996 and safe harbor hours went back to 10-6 |
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Term
| Telecommunications Act of 1996 |
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Definition
-Max fine for obscenity was $100,000
-gave cable operators right to refuse certain obscene/indecent programs
-indecency fines on per utterance basis |
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Term
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Definition
-prohibits profanity
-can never say "fuck"
-indecency by innuendo is a violation
-tapes or transcripts no longer required for complaints
-affiliates can be fined for network programs containing indecent/obscene material |
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Term
| Denver Area Educational Telecommunications Consortium v. FCC (1996) SCotUS |
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Definition
-cable operators given right to refuse public/leased access programs that they consider obscene/indecent
-cable can't prevent indecent programming on public educational and government channels
-cable can't be required to segregate and block patently offensive material on leased access channels |
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Term
| Reno v. American Civil Liberties Union (1997) SCotUS |
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Definition
| voted 7-2 to strike down portion of TCOM Act of '96 regulating indecent speech on the internet |
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Term
| US v. Playboy (2000) SCotUS |
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Definition
-struck down rule that states that unblocked or unscrambled indecent/obscene material can only be shown from 10-6
-the show used to play 24/7 |
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Term
| 2006: George Bush signs into law the "Broadcast Decency Enforcement Act" |
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Definition
-raised max fine for indecency from 32500 to 325000
-this was due to the Janet Jackson boob slip |
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Term
| 2004: FCC adds fleeting expletives to be considered as actionable indecency |
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Definition
-anything indecent was fineable
-it was later found unconstitutional |
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Term
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Definition
-to protect local broadcasters against other broadcast stations that are brought into cable market
-if local and cable station are playing same show at same time, local station can have it blocked from cable |
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Term
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Definition
-for people applying for license for public airwaves
-FCC decides they want to add criteria for license, as long as they add it for everyone, they are free to do so |
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Term
| Citizens to Save WEFM v. FCC (1974) DC CoA |
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Definition
-made decision to allow license transfer
-market forces-dictated format serves the public interest standard
-FCC not required to analyze the listening market in every licensee's community |
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Term
| FCC v. WNCN Listeners Guild (1981) SCotUS |
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Definition
| -FCC not obligated to hold hearings on station's format change in order to approve it |
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Term
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Definition
-rules on obscenity, indecency, and profanity are content regulation
-all for "protecting children" |
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Term
| Children's Programming Regulations |
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Definition
1990: Children's Television Act
-broadcasters must serve the educational and informational needs of children
-cognitive and intellectual, social and emotional |
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Term
| KSHE-FM, St. Louis hoaxes and pranks case |
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Definition
-pretended there was a nuclear attack
-$25,000 fine |
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Term
| KROQ-FM, Los Angeles hoax and pranks case |
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Definition
-guy called station saying he killed his gf after cheating but it was fake
-declared as hoax |
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Term
| Protecting yourself as a licensee |
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Definition
-licensee took precautions:
have policy banning any type of activity w/o management approval
communicate and enforce and document policy to staff
no history of problems
licensee took prompt corrective action |
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Term
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Definition
-5% of broadcast media company = owner
-passive investors may own up to 20%
5% of cable media company = owner |
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Term
| Multiple Owners- Television |
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Definition
-current cap: 39% of US homes
-trying to promote different voices
-allowed to own one station per market |
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Term
| Differences between contests and lotteries |
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Definition
| -contests legal, lotteries are not |
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Term
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Definition
Must have:
-prize (status conferral function and anything of value offered to a contestant)
-chance (chance of winning)
-Consideration (any item of value or even substantial expenditure of time or effort that is required to enter the contest)
MUST have all three of these to be a lottery |
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Term
| FCC Requirements for Contests: Publicize the basic elements of contest |
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Definition
-how to enter
-deadline
-eligibility restrictions
-prize offered |
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Term
| FCC Requirements for Contests: Conduct the contest exactly as advertised |
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Definition
-IRS gets involved if over $600
-MI law: unless on reservation or at casino, gambling is illegal |
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Term
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Definition
Separate file for every contest saying
-rules
-on-air rules announcements
-receipt/release for winner
-complaints/responses
-ads/flyers used in promotion |
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Term
| Non-commercial donor announcements cannot include... |
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Definition
-call to action
instruction to a listener to do something related to a commercial
promotion vs. identification: suggesting another quality that another commercial entity might not have, price or discount info, instructive language |
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Term
| Non-commercial donors may include... |
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Definition
-logo/slogan
-address, phone number, website
value-neutral product/service description |
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Term
| Sponsorship identification includes... |
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Definition
-announcement of sponsorship
-identification of the sponsor
-record keeping
-disclosure of the true identity of the sponsor |
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Term
| Sponsorship identification must be given any time... |
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Definition
-someone in a position to influence program content
-receives something of value
-in exchange for including matter in a program intended for broadcast |
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Term
| Sponsorship identification rules... |
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Definition
-Act applies to everyone TV/Radio, Commercial/non-commercial
-can't be bought out by someone to play their stuff |
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Term
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Definition
| bribery of an influential person in exchange for the promotion of a product or service, such as that of disc jockeys for the promotion of records |
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Term
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Definition
bribery of an influential person in exchange for the on-air mention and endorsement of a product or service
-person is being paid to lie to you |
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Term
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Definition
| individuals paid for their cooperation with drugs |
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Term
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Definition
-right to be left alone
-privacy laws are different for every state |
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Term
| Privacy law identifies four distinct legal wrongs |
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Definition
-appropriation (taking person's name/photo and using it w/o their permission)
-likeness
-advertising or trade purposes (ex: Vanna White)
-Consent (can be withdrawn at any time even if money has been exchanged, person must be 18+, must be mentally competent |
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Term
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Definition
-wire taping
-public spaces can't be intruded upon |
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Term
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Definition
-nature of story
-who's the subject? Is it a public figure?
-how humiliating is the subject |
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Term
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Definition
-woman in hospital was compulsive eater. She was interviewed and took pic against will. Time magazine made story like she was a big joke. She sued and won.
-Court said info about person's medical treatment lies at core of right to privacy |
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Term
| Daily Times Democrat v. Flora Bell graham (1964) |
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Definition
| -woman's dress flew up. she didn't realize and her picture was on the front page of the paper. she sued and won because the photo was embarrassing |
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Term
| Ruth Shulman v. Group W. Production (1998) |
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Definition
-reporters filmed accident and used footage of an interview with distraught victims.
-Shulman won because there is no newworthiness in showing terror and confusion victims went through. |
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Term
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Definition
| bribery of an influential person in exchange for the promotion of a product or service, such as that of disc jockeys for the promotion of records |
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Term
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Definition
bribery of an influential person in exchange for the on-air mention and endorsement of a product or service
-person is being paid to lie to you |
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Term
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Definition
| individuals paid for their cooperation with drugs |
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Term
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Definition
-right to be left alone
-privacy laws are different for every state |
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Term
| Privacy law identifies four distinct legal wrongs |
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Definition
-appropriation (taking person's name/photo and using it w/o their permission)
-likeness
-advertising or trade purposes (ex: Vanna White)
-Consent (can be withdrawn at any time even if money has been exchanged, person must be 18+, must be mentally competent |
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Term
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Definition
-wire taping
-public spaces can't be intruded upon |
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Term
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Definition
-nature of story
-who's the subject? Is it a public figure?
-how humiliating is the subject |
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Term
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Definition
-woman in hospital was compulsive eater. She was interviewed and took pic against will. Time magazine made story like she was a big joke. She sued and won.
-Court said info about person's medical treatment lies at core of right to privacy |
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Term
| Daily Times Democrat v. Flora Bell graham (1964) |
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Definition
| -woman's dress flew up. she didn't realize and her picture was on the front page of the paper. she sued and won because the photo was embarrassing |
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Term
| Ruth Shulman v. Group W. Production (1998) |
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Definition
-reporters filmed accident and used footage of an interview with distraught victims.
-Shulman won because there is no newworthiness in showing terror and confusion victims went through. |
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Term
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Definition
-piece of info you don't know for a news story so you make something up, the story's no longer considered news
-this is why you never see reenactments |
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Term
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Definition
-info published about someone that falsely portrays a person
-can't use footage of something and use it to create a false story |
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Term
| Three conclusions for a broadcaster |
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Definition
-only people have a right to privacy
-privacy law allows a person to seek injunction to stop an invasion
-dead person can't be libeled |
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Term
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Definition
| only use part of recording after person gives you consent. if they give you consent midway in an interview you can only use the portion they consented to |
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Term
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Definition
| you're informed you're calling the studio number to talk to the DJ on-air. |
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Term
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Definition
-Need to get written or verbal consent from all parties before the call is recorded
-whatever device is used to record calls can't be permanently attached
-Federal Law requires prior consent of one party before recording a call.
38 states enforce fed. law as written
12 states (including MI) require consent of all parties before recording a call |
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