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-city ordinance said women at gentleman's clubs can only strip down to g.string and pasties -dancers said first amendment right to get naked -supreme court upheld zoning law said not first amendment right |
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North Shore Vs City of Duluth |
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-opened as a strip club -zoning laws prohibited from certain footage of a park -made agreement with city to stay open -zoning laws typically upheld at all levels of court |
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-Only music group to be declared obscene -record shop owners arrested for selling album -on appeal failed miller test -music is offensive but not obscene |
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-Mapplethorpe categories as a homo erotic photographer -was gay didn't hide it -was dieing from aids and Cincinnati museum displayed art exhibit -DEA sued museum for displaying obscene images -miller test applied declared not obscene to be considered obscene all work must be deemed obscene ( he had some worthwhile images) |
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Music industry advisories |
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-people were demanding censorship of music -music industry decided we better do something before congress censors us -music industry self regulates with addition of advisory label |
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Child online protection act |
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-congress failed attempt at censorship -require adult sites to require credit cart of id because you must be of age if you own one of those |
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Childrens internet protection act |
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-rewrote COPA to place filters on computers in public places -filters not required on adult only computers |
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allowed for parents to censor their children |
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-oracle convinced jury SAP copied software -SAP had to pay billions of dollars -be wary when mimicking software |
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-Brainerd download girl -copyright infringement -1.4 million dollar fine -music industry scare others |
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Sony Vs Universal Studios |
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-tv viewers ability to record TV -TV feared loss of income -supreme court ruled for the people because it is not commercial use and no financial gain would come out of it -allows present day DVR -can't duplicate sell of give away a copy |
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Communication Decency Act |
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-made it a crime to distribute indecent material. -rejected for being vague and limiting adult internet users |
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Threw out CDA -adults can look at adult material |
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Virginia St. board of Pharmacy Vs Virginia citizens consumer council |
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-supreme court ruled law prohibiting advertisements of pharmaceutical prices illegal |
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-Ads have first amendment rights but can't advertise falsities or lie about products -can not regulate all advertising -investigate reports of *false advertising *proposed illegal transactions (pyramid ponzi) |
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Federal Communications act |
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Definition
change from FRC to FCC -now regulate radio plus phone, telegraph and tv(post ww2) -radio popularity growing rapidly |
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FCC Vs Pacifica foundation |
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Radio played seven words you cant say on TV -listener thought radio disobeyed FCC decency laws and filed complaint -put a warning on stations file (slap on the wrist) |
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-pole leaders of community to find out major issues -submit survey with license then document/show how you helped -real headache for small stations |
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acts as a watch dog for community -lots of content regulation on radios |
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requirement of FCC to broadcast all significant view points -faded away |
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-Regan elected and deregulation -If public likes programming you will be listened to if not you will fail |
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-developed so tv companies could stay in control of censorship -displayed before program begins |
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-cross media ownership is permissible -didn't use to be |
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-can't own all media outlets |
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deregulation until super ball boob then huge fines |
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-10pm to 6Am is a safe time where regulation is not as strict |
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-NBC/Comcast -all networks owned by other corporations -at one point self owned -increasing mergers of media entities -increased likely hood of monopolies |
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-Borrowed from Great Britten -a work is obscene if corrupts the minds of those who might find it -if any part of a work is obscene all is obscene -obscene for child obscene for all -abandoned because adults could only watch what was fit for a child |
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-if a work has social value it cannot be deemed obscene |
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-can have 2 standards of obscenity -adult and minor |
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not protected by first amendment -can be nude pictures -children can be charged as child pornographers |
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abandon hicklin rule because it allows adults to only watch what is fit for children |
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-movie deemed patently offensive -can only be patently offensive if hardcore porn -appeal said lower court misread miller test |
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second part of miller test -dealing with offensive sex |
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-all nude images banned of minors -modified rule only nude images of minor with a focus on genitals can be banned |
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child pornography protection act |
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aimed at fighting organized crime -government can seize money earned by crime -just have to prove pattern of illegal activities |
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rejects argument of prior restraint of unconstitutional censorship for RICO |
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-for candidates for federal office -can not deny access for reasonable amounts of advertising space. -if routinely break rule license revocable |
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broadcasting station must provide equal time/cost/opportunity to all candidates for the same office |
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Require cable operates to carry local channels -often challenged as content regulations |
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-determined commercial language had a degree of first amendment protection -stressed advertising is subject to reasonable regulation |
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Place limits on commercials of shows aimed at children under 12 -length, time gaps, in show advertisements |
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-right of the public to have access to social, political, moral ideas |
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balance creator's right to compensation with public interest |
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body of law which protects those who create intangible property |
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Protect trade secrets of inventors/designers by giving them a 20 year monopoly on invention |
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stop confusion in the market place by clearly identifying the creator |
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-one can not buy the copyright license of a work to prohibit its use -contrary to public interest |
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-take over the world by buying everything -make his tracks to hard to follow (hide foreign ownership -blackmail FCC -spend money to win -overthrow government with news presence -hire spin doctors -buy government |
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