Media Law and Ethics Exam 2
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52 terms
Terms | Definitions |
|---|---|
 Defenses of Privacy | newsworthiness |
| Hustler v. Falwell | prohibits awarding damages to public figures in compensation for emotional distress intentionally inflicted on them. |
| Private Facts | highly offensive and not a matter of public concern. |
| SLAPP stands for | Strategic Lawsuit Against Public Participation |
| SLAPP defined | frequently containing claims of defamation and libel and provides legal assistance to people being sued |
| AP v. Walker | public figures cannot win libel judgement unless media shows reckless disregard for the truth |
| 4 Problems with libel | 1. Chilling Effect 2. High cost 3. People satisfied with money damages 4. Seek apology |
| Biglow v. Virginia | state can regulate based on content (abortion ad) |
| Near v. Minnesota | obscenity is un-protected by the first amendment |
| Obscenity according to Supreme Court | court interprets federal statues + regulations that control the creation of erotic materials and decide how far federal and state gov. can go. |
| Appropriation | use of individuals name or likeness for commercial purposes |
| Porn and the Law | Obscenity makes it a crime to sell some erotic materials |
| 2 Types of Libelous | libel "per se" and libel "per quod" |
| libel "per se" | libelous "on their face of it", do not have to interpret or understand cause it is obvious |
| libel "per quod" | hidden, "because of circumstances" the words are harmless, but when attached to circumstances might change. |
| Publication of Private Info | one can be held accountable if print info is highly offensive, not newsworthy and is not public interest |
| Commercial Speech | not as protected as political speech and artistic speech. ex. advertising |
| Porn and society | whether or not porn is clearly a public threat to safety, health and morality remains a matter for debate |
| Indecency Ex. | Sexual music, theatre nudity, public art, nude modeling, crude humor, movie rating scale |
| Obscenity Ex. | Child porn, depictions of sex acts that can be visual or written |
| Indecency | refers to materials sexual or non-sexual that are considered to be patently offensive, they are protected |
| Obscenity | communication that has been judged to be so offensive and lacking in communication value that it is not protected by the law |
| FCC v. Fox | defined indecency and ruled that networks have alternatives |
| Broadcast Decency Act of 2005 | fine is context depicts excretory functions of organs in patently offensive manners. |
| FCC v. Pacifica | 78- defined the power of the FCC over indecent materials in broadcasting (George Carlin) |
| Right to Publicity | people can control the exploitation of their name/likeness, including impersonations |
| Right to Privacy | right to be left alone |
| Test for Indecency | if it is not obscene |
| Hugo Zacchini | human canon, the right of publicity was given to him. |
| Time v. Hill | family's house was broken into, they got national attention and there was a play made into to. This did not bother them until there was a series of photos shot looking just like their house. |
| Distortion | deceptive juxtapositions of facts, improper context |
| Fictionalization | adding or changing the facts, such as "docudramas" |
| Intrusion | offensive invasion of another solitude usually by technology, hidden camera |
| Trespass | invasion of property without consent. You have to leave if you are asked to on private property |
| Informational Privacy | Public v. Private - TCU can look at email cause it is run by a private institution. |
| Privacy | the right to be left alone |
| 5 Defenses to Defamation | 1. Truth 2. Opinion 3. Neutral reportable 4. Privelege, must be fair |
| Gertz v. Welch Inc. | established the Supreme Court ruling standard of first amendment protection of defamation claims against private individuals |
| Libel Ex. | Book, Games of Shado- accused of using steriods |
| the "chilling effect" | people won't talk because they are afraid of being sued |
| slander | a malice, false, or defamatory statement that is spoken |
| libel | defamatory statement that is written or printed words, pictures or in any other form except spoken. |
| Defamation | when words hurt and harm a reputaion |
| Incidental Use | accidental ex. just happen to be walking through a movie scene |
| False Light | individuals portrayed as something other than they are to point of embarrassment |
| FCC Radio/ Broadcast Rules | anything goes betweem 10pm and 6 am |
| 4 Privacy Torts | 1. Disclosure of Private facts 2. Intrusion or trespass 3. false light 4. appropriation |
| Miller v. California | came up with the test for obscenity |
| Test for Obscenity | 1. would average common modern person find that it appeals to interest 2. depicting sexual content 3. lack of serious artistic value |
| Tort | a wrong that involves a breach of a civil duty owed to someone else |
| Intrusion | entry to another person's property without right or permission |
| Test for Commercial Speech | 1. is it a true ad or false 2. government interest is substantial 3. advanced government interest |
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