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Comm 405 Study Guide III
Chapter 9 F & T: Time Place and Manner, Veracity, Chapter 11 F & T: Technology and the First Amendment, Interpersonal ethics, Chapter 14: Copyright and First Amendment, Chapter 10 N& S Mass communication ethics
Terms in this set (68)
Specific Chronological date and time or period where utterance occured.
Forum of site- Location or website
Medium used (What was done)
Davis versus Massachusetts
Government owns public property ,Protest in public is unacceptable. Court said it was ok to shut them down.
Market Places of Ideas
The government can control but cannot be arbitrary
Three Prong Test
1) Restrictions must be Justified without reference to content to speech
2)Narrowly tailored to scene a significant government interests
3) Leave open ample alternative channels for communication
Clark versus Community for Creative Violence
-CCNV wanted to sleep outside across the white house to bring attention to homlessness
-Decision:the need to for national park service to control sleeping outside was not needed, you can ban that.
-Parks need to control people sleeping there overnight
United v. Grace
-Sidewalks around Supreme court are same as any other
Collin v. Smith
-Nazi March in Illinois where there were Holocaust survivors
-Court said that a permit could not be instated simply to deter speech found disagreeable
What is the difference between fixed floating buffer zones and their legality?
Fixed zone- 15 Feet from the building
Floating buffer Zone- Failed, because it was dangerous and it was unrealistic to know how far 15 feet away someone is
Speech Interwoven with action
United States v O' Brien
-O'Brien Arresred for burning draft card
-Supreme Court ruled that Government has an interest in people having cards
-Ruling: Illegal to burn draft card
Spence v. Washington
-Spence hung flag upside down
-Supreme Court ruled legal: he was using flag symbolically
Texas v. Johnson
-Johnson burns flag
-State cannot decide what is and is not orthodox
-You can burn flag; if you disagree, respond with more speech
Veracity- How does Sisela Bok Define a lie ?
A lie is any intentionally-deceptive message that is stated.
What is Bok's Principle of Veracity? and Where does it put the Burden of truth?
-You have to have a reason to lie; you don't have to have reason to tell truth
Burden of Proof
Person making statement (because it could be a lie)
What is Aristotle's View of a lie?
A lie is a mean to harm (mean to help, if anything) of little moral importance
How did St.Augustine view a lie ?
God forbids all lies
How did Thomas Aquinas distinguish three kinds of lies?
Joscoe (Joking), Officious(helpful), Malcious (Only one that is a mortal sin)
What distinguishes a "white lie"?
White Lie: not meant to to harm (help if anything); of little moral importance
What is a "mental reservation"?
Not verbalizing whole truth (used by catholics in times of persecution, justification was that if you say the rest of the truth to yourself, then God Hears it)
When did Hugo Grotius claim that a falsehood becomes a lie?
Falsehood becomes a lie when it conflicts with the rights of the person addressed.
What is Kant's view of lying (including his view of lying to would-be-murderer)?
As you soon as you lie, you part of that situation, and anything that happens afterward is your fault
What is your conscience?
Another more-exacting self
What is a placebo?
A treatment administered to someone that has no physiological effects;instead it works psychologically because the patient is misled and believes he/she is actually receiving treatment
Four hidden costs
1) may precent treatment 2) cost fake pills (waste) 3) Sacrifices trust, 4) Patient gets hooked on feel-good meds
What is beneficence and nonmalfeasance?
-Doing good (1)
-Not doing bad (2)
What is whistle blowing?
An informant who exposes wrongdoing within an organization in the hope of stopping it.
Who is the whistle blower?
Common Carrier/distributor (cannot sue them for defamation)
Monitors publication (can sue for defamation)
What was the fairness Doctrine,
FCC put a requirement that if a broadcaster takes up controversial issue, they need to present all sides
What were the arguments for the Doctrine?
Broadcasting is pervasive
What were the arguments against the Doctrine?
If doctrine is passed, news won't cover controversial stories, (Doctrine was lifted in 1987)
What is linking?
Putting a link on a website
When a link goes to an internal page
What is Framing?
Allowing a user to view the contents of one website while it is framed by information from another website
What is Inling?
display a graphic on your site that originates from another file
CDA (Communication Decency Act)
Illegal to put indecent content on Internet where kids can find it
COPA (Child Online Protection Act)
Required verification of age to access questionable sites
CIPA (Children's Internet Protection Act)
Federal-Funded schools must put blocking software on school computers
What does Nilsen say is the mark of a good relationship?
When you think about care and not just duty
When you start to think about whom owes what to whom
Where you think of the other person as one with yourself
Most common good relationship, where you think other person as a person
Where you think of the other person as an object
Nilsen's Concept of a signficant choice
a receiver of communication should be able to make a free,informed, critical choice
Fear of punishment; you want a return
Good without being told; rule-driven
Reflective; desire for justice
Giligan's argument against it
Women are raised free to care
When do you have copyright protection ?
When you have an original work of authorship that is fixed in a tangible medium of expression
What are the terms of the copyright extension act?
Begins when work is created, ends 70 years later after death of author
Be able to recognize what falls under Fair use
-Why are you using it -What is the nature of the copyrighted material? -What amount are you using relative to the whole? -How will it affect the market value of the original work?
Step 1 Potterbox
Step 2 Potterbox
Step 3 Potterbox
Appeal to Ethic Principles
Step 4 Potterbox
Choose your loyalites
Step 5 Potterbox
Make a decision
Unconditional Positive Regard
No matter how bad a person is, you must treat them as reasonable being
Knowing a person's sensitive point and attacking it, "hitting below the belt"
Bringing up things from the past when arguing about the present
Works whose intellectual Property rights have expired
Copyright protects expression, not ideas
Any word, symbol, or device that differentiates one company's goods from another.
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