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media law
media law. duh.
28
Journalism
Undergraduate 3
05/14/2009

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Cards

Term
access of information to reporters?
Definition
No right of access beyond what is afforded the average citizen
Term
What if law must be broken in order to obtain news in public interest?
Definition
First Amendment doesn’t supply a license to violate valid criminal laws.”
Term
9 FOIA exemptions
Definition
1. National Security
2. Housekeeping materials
3. Material exempted by statute
4. Trade secrets
5. Working papers/lawyer-client privilege
6. Personal privacy
7. Law enforcement records
8. Financial institution materials
9. Geological data
Term
Homeland Security Act of 2002
Definition
Exempts critical info submitted by businesses and people
from FOIA
Term
Federal Open Meetings Law; sunshine act
Definition
gov't meetings must be held in public
Term
Open Records Laws
Definition
Most laws allow inspection of records by any person
Term
Brandeis and Warren
Definition
Citizens should be able to stop unwarranted intrusions; recover monetary damages
Term
Four Areas of Privacy Law
Definition
1. Appropriation
2. Intrusion
3. Publication of private information
4. False light
Term
Appropriation
Definition
illegal to appropriate an individual’s name or likeness for commercial or trade purposes without consent
Term
Abigail Roberson
Definition
-Franklin Mills Flour uses her picture on posters
-Sues for invasion of privacy
Term
3 Rights to privacy
Definition
1. Protects against emotional damage
2. Protects average person
3. Gone when person dies
Term
intrusion
Definition
illegal to intrude upon the seclusion of an individual
Term
bartnicki v. vopper
Definition
vopper broadcasts illegally intercepted cell convo. in the end, station not liable
Term
assumption of risk analysis
Definition
you loose privacy when personal info is accessible to to others or places in flow of commerce
Term
illegal to publish private facts about someone if (2)
Definition
1. it would be highly offensive to reasonable person
2. not of legit public concern
Term
oliver sipple
Definition
-saved president ford from being killed
-sues paper for gay statement
info in public documents not regarded as private
Term
naming rape victim
Definition
not to: victim seen guilty as rapist
to do: adds credibility to stories
Term
florida star v. bjf
Definition
rookie reporter gives rape victim name. paper not at fault for libel, was a mistake
Term
ethics and law
Definition
journalists must exercise judgement--what is of public concern?
Term
recounting the past
Definition
story permissable if its not designed to humiliate subject
Term
false light (2 things)
Definition
1. light individual was placed would be offensive to reasonable person
2. publisher was at fault at time of publication
Term
time v. hill
Definition
movie and play made after a crime that happened to hill, actors photographed at hill's home, hill sues for apropriation & false light
Term
SLAPP
Definition
Strategic lawsuits Against Public Participation. stops libel laws from being used as weapons
Term
defamation
Definition
communication that damages reputation. lowers a persons reputation in many people's eyes
Term
executive privilege
Definition
common law privilege of the president and other executives
Term
defamation
Definition
needs to be proved in order to sue for libel
Term
what must be proved to win libel (5)
Definition
1. it was published
2. words were/concerning plantiff
3. material was defamitory
4. material was false: falsity, must be direct
5. defendant was at fault
Term
words and risk of defamation (3)
Definition
1. crime: inferring of criminal behavior
2. sexual references
3. personal habits
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