Term
| First 5 Words of the First Amendment |
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Definition
| "Congress shall make no law" |
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Term
| 5 Freedoms of the First Amendment |
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Definition
| Assembly, Petition, Press, Speech, Religion |
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Term
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Definition
| Established rules of law set by previous cases with similar facts and legal circumstances; almost always followed: judges determine whether they should follow it based on applicability, appropriateness, and advisability |
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Term
| The decision to apply precedent is based on _____. |
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Definition
| Applicability, Appropriateness, Advisability |
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Term
| What must a case have to be used as precedent? |
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Definition
| Similar Facts and Similar Legal Circumstances |
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Term
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Definition
| Stopping speech before it happens, instead of punishing unlawful speech; almost always unconstitutional, per the Supreme Court in Near v. Minnesota (1931) |
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Term
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Definition
| Prior restraint of speech is almost always unconstitutional. Supreme Court, 1931. |
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Term
| Court: Prior restraint of speech is almost always unconstitutional |
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Definition
| Near v. Minnesota. Supreme Court, 1931. |
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Term
| What does "TPM" stand for? |
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Definition
| Time, Place, and Manner Restrictions on First Amendment-protected communication activity |
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Term
| When is a TPM restriction constitutional? |
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Definition
| Content/viewpoint-neutral, not a complete ban (alternative offered), substantial state interest, narrowly tailored to not burden others (or even targets, more than it needs to) |
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Term
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Definition
| Public K–12 school administrators can censor official school publications if certain conditions are met. Supreme Court, 1988. |
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Term
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Definition
| Near v. Minnesota, Supreme Court. Prior restraint of speech is almost always unconstitutional. |
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Term
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Definition
| Hazelwood v. Kuhlmeier, Supreme Court. Public K–12 school administrators can censor official school publications as long as certain conditions are met. |
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Term
| Court: Public K–12 school administrators can censor official publications as long as certain conditions are met. |
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Definition
| Hazelwood v. Kuhlmeier. Supreme Court, 1988. |
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Term
| 8 Elements of a Mass Media Libel Suit |
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Definition
| DEFENDANT HARMS plaintiff by PUBLISHING a FALSE, DEFAMATORY, and UNPRIVILEGED alleged FACT that IDENTIFIES the plaintiff harmed |
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Term
| Libel Element: Has the communication injured the plaintiff's reputation? |
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Definition
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Term
| Libel Element: Has the communication been about the plaintiff? |
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Definition
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Term
| Libel Element: Has the communication been shared? |
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Definition
| Dissemination or Publication |
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Term
| Libel Element: Has the plaintiff been injured? |
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Definition
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Term
| Libel Element: Is the material false? |
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Definition
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Term
| Libel Element: Has the communication been presented as a fact? |
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Definition
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Term
| Libel Element: Does the communication arise from privileged information? |
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Definition
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Term
| Libel Element: Was the defendant at fault in some degree? |
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Definition
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Term
| New York Times v. Sullivan |
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Definition
| Public officials (and public figures) must prove actual malice with convincing clarity to win a libel suit. Actual malice here means the publication of a falsehood with knowledge of falsity, or a reckless disregard of the truth. Supreme Court, 1964. |
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Term
| Most Important Libel Case |
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Definition
| New York Times v. Sullivan, Supreme Court, 1964 |
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Term
| 2 Components of Actual Malice in a Mass Media Libel Suit by a Public Official (or Public Figure) |
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Definition
| Publication of falsehood with knowledge of falsity, or reckless disregard for the truth |
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Term
| What does a public official (or public figure) have to do to win a mass media libel suit? How do we know? |
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Definition
| Prove actual malice with convincing clarity; actual malice is either publication of falsehood while knowing of its falsity, or reckless disregard for the truth. New York Times v. Sullivan, Supreme Court, 1964. |
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Term
| What does the standard of "proving actual malice with convincing clarity" apply to? How is "actual malice" defined for this purpose? What case did these come from? |
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Definition
| Mass media libel suits by public officials (or public figures). Actual malice is publication of false information with knowledge of its falsity, or reckless disregard for the truth. New York Times v. Sullivan, Supreme Court, 1964. |
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Term
| 4 Areas of Privacy Law with Defenses |
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Definition
| (1) Intrusion on Physical Solitude— lacking reasonable expectation of privacy; (2) Publication of Private Facts Causing Embarrassment— newsworthiness or public records; (3) False Light; (4) Unauthorized Commercial Misappropriation— consent |
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Term
| What are the defenses? Intrusion (Privacy Law) |
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Definition
| Lacking reasonable expectation of privacy |
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Term
| What are the defenses? Publication of Private Facts Causing Embarrassment (Privacy Law) |
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Definition
| Newsworthiness or Public Records |
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Term
| What are the defenses? False Light (Privacy Law) |
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Definition
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Term
| What are the defenses? Misappropriation (Privacy Law) |
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Definition
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Term
| Lack of a reasonable expectation of privacy is a defense in what type of privacy suit? |
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Definition
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Term
| Newsworthiness or public records access are defenses in what type of privacy suit? |
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Definition
| Publication of Private Facts Causing Embarrassment |
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Term
| Which type of privacy suit has no given defenses? |
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Definition
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Term
| Consent is a defense in what type of privacy suit? |
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Definition
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Term
| Privacy Case from West Virginia |
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Definition
| Smith v. Daily Mail, Supreme Court, 1979 |
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Term
| Smith v. Daily Mail (1979) arose from where? |
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Definition
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Term
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Definition
| Publication of most truthful information that was legally obtained and is about a newsworthy matter is not an invasion of privacy. Supreme Court, 1979. |
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Term
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Definition
| Smith v. Daily Mail, Supreme Court. Publication of most truthful information that was legally obtained and is about a newsworthy matter is not an invasion of privacy. |
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Term
| Name the case: Publication of most truthful information that was legally obtained and is about a newsworthy matter is not an invasion of privacy. |
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Definition
| Smith v. Daily Mail, Supreme Court, 1979 |
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Term
| Laws of General Applicability |
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Definition
| Laws that apply to everyone. Journalists must follow these during their newsgathering operation. |
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Term
| Freedom of Information Act |
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Definition
| (FoIA) Requires that a vast number of records kept by government administrative agencies be publicly available |
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Term
| Statute requiring that a vast number of records kept by government administrative agencies be publicly available |
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Definition
| Freedom of Information Act (FoIA) |
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Term
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Definition
| Require that most government meetings be open to the public |
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Term
| Type of statute requiring that most government meetings be open to the public |
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Definition
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Term
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Definition
| Concept that reporters have at least a limited right to hold certain information confidential, even if asked for it by a judge |
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Term
| Concept that reporters have at least a limited right to hold certain information confidential, even if asked for it by a judge |
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Definition
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Term
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Definition
| Statute that excuses journalists from revealing certain confidential information when asked to do so in court. WV has one that covers people whose livelihood comes from, at least in part, the gathering and dissemimination of news to the public. It also covers college students. There is no federal shield law because Congress can't agree on a definition of “reporter.” |
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Term
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Definition
| WV has one that covers people whose livelihood comes from, at least in part, the gathering and dissemination of news to the public. It also covers college students. |
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Term
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Definition
| There is no federal shield law because Congress can't agree on a definition of “reporter.” |
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Term
| Statute that excuses journalists from revealing certain confidential information when asked to do so in court |
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Definition
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Term
| DOJ Guidance on When to Issue a Subpœna to a Reporter |
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Definition
| When the info sought is (1) specific, (2) essential, (3) unavailable elsewhere |
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Term
| Nebraska Press Association Test |
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Definition
| A gag order will issue when there is intense and pervasive prejudicial pretrial publicity, there is no good alternative, and the gag order will be effective. Nebraska Press Association v. Stuart, Supreme Court, 1976. |
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Term
| A gag order will issue when there is intense and pervasive prejudicial pretrial publicity, there is no good alternative, and the gag order will be effective |
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Definition
| Nebraska Press Association Test |
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Term
| Nebraska Press Association v. Stuart |
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Definition
| A gag order will issue when there is intense and pervasive prejudicial pretrial publicity, there is no good alternative, and the gag order will be effective. Supreme Court, 1976. |
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Term
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Definition
| Nebraska Press Association v. Stuart, Supreme Court, 1976. A gag order will issue when there is intense and pervasive prejudicial pretrial publicity, there is no good alternative, and the gag order will be effective. |
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Term
| How long does a copyright last? |
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Definition
| Life of author + 70 years |
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Term
| What lasts life + 70 years? |
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Definition
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Term
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Definition
| Anyone can make limited use of copyrighted works. Weighing test of purpose and character of the use (education vs. commercial, for example), the nature of the original work, the percentage of the original work copied in the use, and the effect of the use on the profits of the original work's owner(s). |
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Term
| 4 Considerations of the Fair Use Doctrine |
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Definition
| Purpose and character of the use (education vs. commercial, for example), the nature of the original work, the percentage of the original work copied in the use, and the effect of the use on the profits of the original work's owner(s). |
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Term
| Who regulates advertising? |
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Definition
| Federal Trade Commission (FTC) |
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Term
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Definition
| Primary federal agency that regulates advertising |
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Term
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Definition
| Primary federal agency that regulates advertising |
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Term
| What does “FTC” stand for? |
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Definition
| Federal Trade Commission (FTC) |
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Term
| Commercial Speech Doctrine |
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Definition
| Established by the Supreme Court as a result of Central Hudson v. Public Service Commission (1980), provides that the government may regulate advertising that is false or misleading, deceptive or unfair, and advertising for unlawful goods or services. The government may also regulate advertising on the basis of a substantial government interest if the regulation will advance the interest and there is a reasonable fit between the interest and the regulation. |
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Term
| Central Hudson v. Public Service Commission |
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Definition
| Established the commercial speech doctrine, which provides that the government may regulate advertising that is false or misleading, deceptive or unfair, and advertising for unlawful goods or services. The government may also regulate advertising on the basis of a substantial government interest if the regulation will advance the interest and there is a reasonable fit between the interest and the regulation. Supreme Court, 1980. |
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Term
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Definition
| Central Hudson v. Public Service Commission, Supreme Court. The government may regulate advertising that is false or misleading, deceptive or unfair, and advertising for unlawful goods or services. The government may also regulate advertising on the basis of a substantial government interest if the regulation will advance the interest and there is a reasonable fit between the interest and the regulation. |
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Term
| Do PR activities constitute commercial speech? |
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Definition
| I don't know. The Supreme Court has not answered that question. |
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Term
| Federal Communications Commission |
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Definition
| Primary federal agency that regulates broadcast media |
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Term
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Definition
| Primary federal agency that regulates broadcast media |
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Term
| What does “FCC” stand for? |
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Definition
| Federal Communications Commission |
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Term
| Broadcasters must operate for _____ |
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Definition
| PICON: Public Interest, Convenience, Necessity |
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Term
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Definition
| What broadcasters aim to operate for |
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Term
| What does “PICON” stand for? |
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Definition
| Public Interest, Convenience, Necessity |
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Term
| Public Interest, Convenience, Necessity |
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Definition
| PICON, which broadcasters must operate for |
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Term
| What does the FCC consider indecency? |
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Definition
| “language that describes in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities and organs.” |
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Term
| “language that describes in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities and organs.” |
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Definition
| FCC definition of indecency |
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Term
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Definition
| Indecency regulations don't violate the First Amendment. Supreme Court, 1978. |
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Term
| What case provides that indecency regulations don't violate the First Amendment? |
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Definition
| FCC v. Pacifica, Supreme Court, 1978. |
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Term
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Definition
| FCC v. Pacifica, Supreme Court. Indecency regulations don't violate the First Amendment. |
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Term
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Definition
| When indecency isn't allowed in broadcast media |
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Term
| When isn't indecency allowed in broadcast media? |
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Definition
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Term
| 6 Things without First Amendment Protection |
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Definition
| Child Pornography, Extortion, Fighting Words, Obscenity, True Threats, Sexual Harassment |
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Term
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Definition
| No First Amendment Protection |
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Term
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Definition
| No First Amendment Protection |
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Term
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Definition
| No First Amendment Protection |
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Term
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Definition
| No First Amendment Protection |
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Term
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Definition
| No First Amendment Protection |
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Term
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Definition
| No First Amendment Protection |
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