Shared Flashcard Set

Details

MMLE obscenity-regulation-copyright
Mass media law and ethics
52
Law
Undergraduate 4
12/19/2010

Additional Law Flashcards

 


 

Cards

Term
Barns Vs Glen Theater
Definition
-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
Term
North Shore Vs City of Duluth
Definition
-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
Term
2 live crew
Definition
-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
Term
Mapplethorpe exhibit
Definition
-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)
Term
Music industry advisories
Definition
-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
Term
Child online protection act
Definition
-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
Term
Childrens internet protection act
Definition
-rewrote COPA to place filters on computers in public places
-filters not required on adult only computers
Term
software filters
Definition
allowed for parents to censor their children
Term
SAP/Oracle
Definition
-oracle convinced jury SAP copied software
-SAP had to pay billions of dollars
-be wary when mimicking software
Term
Jammie Raster
Definition
-Brainerd download girl
-copyright infringement
-1.4 million dollar fine
-music industry scare others
Term
Sony Vs Universal Studios
Definition
-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
Term
Communication Decency Act
Definition
-made it a crime to distribute indecent material.
-rejected for being vague and limiting adult internet users
Term
ACLU Vs Reno
Definition
Threw out CDA
-adults can look at adult material
Term
Virginia St. board of Pharmacy Vs Virginia citizens consumer council
Definition
-supreme court ruled law prohibiting advertisements of pharmaceutical prices illegal
Term
FTC
Definition
-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)
Term
Federal Communications act
Definition
change from FRC to FCC
-now regulate radio plus phone, telegraph and tv(post ww2)
-radio popularity growing rapidly
Term
FCC Vs Pacifica foundation
Definition
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)
Term
Ascertainment
Definition
-pole leaders of community to find out major issues
-submit survey with license then document/show how you helped
-real headache for small stations
Term
Trustee theory
Definition
acts as a watch dog for community
-lots of content regulation on radios
Term
Fairness doctrine
Definition
requirement of FCC to broadcast all significant view points
-faded away
Term
Market place model
Definition
-Regan elected and deregulation
-If public likes programming you will be listened to if not you will fail
Term
TV ratings
Definition
-developed so tv companies could stay in control of censorship
-displayed before program begins
Term
multiple ownership
Definition
-cross media ownership is permissible
-didn't use to be
Term
Prometheus decision
Definition
-can't own all media outlets
Term
indecency/fines
Definition
deregulation until super ball boob then huge fines
Term
Safe harbor
Definition
-10pm to 6Am is a safe time where regulation is not as strict
Term
merger mania
Definition
-NBC/Comcast
-all networks owned by other corporations
-at one point self owned
-increasing mergers of media entities
-increased likely hood of monopolies
Term
Hicklin Rule
Definition
-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
Term
Roth memoirs test
Definition
-if a work has social value it cannot be deemed obscene
Term
miller test
Definition
less broad than roth
Term
Variable obscenity
Definition
-can have 2 standards of obscenity
-adult and minor
Term
Child Pornography
Definition
not protected by first amendment
-can be nude pictures
-children can be charged as child pornographers
Term
Butler Vs Michigan
Definition
abandon hicklin rule because it allows adults to only watch what is fit for children
Term
Jenkins Vs Georgia
Definition
-movie deemed patently offensive
-can only be patently offensive if hardcore porn
-appeal said lower court misread miller test
Term
Patent offensive
Definition
second part of miller test
-dealing with offensive sex
Term
Osborne vs Ohio
Definition
-all nude images banned of minors
-modified rule only nude images of minor with a focus on genitals can be banned
Term
child pornography protection act
Definition
failed
Term
RICO prosecutions
Definition
aimed at fighting organized crime
-government can seize money earned by crime
-just have to prove pattern of illegal activities
Term
Alexander Vs U.S.
Definition
rejects argument of prior restraint of unconstitutional censorship for RICO
Term
Candidate access rule
Definition
-for candidates for federal office
-can not deny access for reasonable amounts of advertising space.
-if routinely break rule license revocable
Term
equal time
Definition
broadcasting station must provide equal time/cost/opportunity to all candidates for the same office
Term
Must Carry rules
Definition
Require cable operates to carry local channels
-often challenged as content regulations
Term
Bigelow Vs Virginia
Definition
-determined commercial language had a degree of first amendment protection
-stressed advertising is subject to reasonable regulation
Term
Childrens TV Act
Definition
Place limits on commercials of shows aimed at children under 12
-length, time gaps, in show advertisements
Term
Red Lion Vs FCC
Definition
-right of the public to have access to social, political, moral ideas
Term
Fair Use
Definition
balance creator's right to compensation with public interest
Term
copyright
Definition
body of law which protects those who create intangible property
Term
Patents
Definition
Protect trade secrets of inventors/designers by giving them a 20 year monopoly on invention
Term
trademarks
Definition
stop confusion in the market place by clearly identifying the creator
Term
Copyright act of 1976
Definition
fair use for educators
Term
Rosemont Vs Random House
Definition
-one can not buy the copyright license of a work to prohibit its use
-contrary to public interest
Term
Murdoc
Definition
-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
Supporting users have an ad free experience!