Media Law and Ethics Exam 2

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TCU

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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