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Media Law & Ethics Final Exam

Terms in this set (71)

Commercial Speech
Is protected as long as it is not false, misleading, or advocates for illegal activity
FTC Act of 1914
"unfair of deceptive acts or practices in commerce"
Deception
"A material representation, omission, or practice that is likely to mislead a consumer acting reasonably under the circumstances"
Puffery
Exaggerated sales talk that is either: a subjective statement about superiority or too exaggerated to be taken seriously
Material Representation
One that is likely to influence a consumer's choice of products (razor and sandpaper)
Prior Substantiation Doctrine (1971)
Advertisers must have reasonable evidence for all verifiable product claims before the claims are made
Endorsement
"Any advertising message that consumers are likely to believe reflects the opinions, beliefs, findings, or experiences of a party that is sponsoring the advertiser"
Copyright
Proprietary right of control over literary/artistic works that applies to "original works of authorship in any tangible medium"
Copyright Act of 1976 (Federal Law)
Covers literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial/graphic/sculptural works, motion pictures and audiovisual works, sound recordings, and architectural works
Compilation
Work formed by collection and assembly of pre-existing information (copyright only extends to the material the author contributed, as distinguished from the pre-existing work)
Derivative Works
A work based on one or more pre-existing works and recasts or adapts it (original copyright holder controls this)
Ownership
Begins the moment a work is created, no registration required (rests with the employer)
Joint Authorship
Prepared by 2 or more authors with intention that the contributions be merged into inseparable parts of a unitary whole
Government Ownership
Government cannot create a copyright
Public Domain
A work that no longer has an owner (author's life + 70 years)
Fair Use
A limited privilege to use copyrighted work without consent and without paying a royalty
Parody
Allusion to the original work
Satire
Allusion to the original work to comment on society
Digital Millennium Copyright Act
Gives limited immunity to Interactive Service Providers for the infringements of the users (once the ISP learns about an infringing use, it must remove it)
Shield Laws
A state law that is recognized in 37 states (including NC), it allows reporters to withhold some information from the police and codifies dissent factors
Privacy Protection Act of 1980
Prohibits newsroom searches and seizures, except: when the person who possesses it is a criminal suspect, when it is necessary to prevent serious bodily injury/death, when serving of a subpoena would likely result in the destruction of evidence, when a subpoena has already been issues and has been unsuccessful
Original Jurisdiction
This type of jurisdiction has the ability to determine what happened
Appellate Jurisdiction
This type of jurisdiction is appropriate to hear appeals
Subject Matter Jurisdiction
This type of jurisdiction is appropriate to be heard based on the type or source of the law
Diversity Jurisdiction
This type of jurisdiction gives the federal courts jurisdiction over some matters that would otherwise be heard in state courts (residents of 2 or more states involving $75K or more)
Personal Jurisdiction
This type of jurisdiction questions whether this court has authority over these people ("minimum contacts")
The First Amendment
Protects speech, protest/petition, assembly, religion, and press
Seditious Libel
Speaking ill of the government or officials
Marketplace of Ideas
The Free Speech Theory that sees ideas as commodities (John Stuart Mill)
Participation in Democracy (government only)
The Free Speech Theory that states that in order to be informed citizens making informed decisions, we need to be able to share ideas (Alexander Meiklejohn)
Checking Function
The Free Speech Theory that states that free speech is necessary so we can hold our government accountable
Safety Valve
The Free Speech Theory that states that free speech is necessary to allow people who feel their voices are marginalized to have an outlet (Thomas Emerson)
Natural Law/Fulfillment Theory/Artistic Expression
The Free Speech Theory that states that we each have an inherent right in being a human (John Locke)
Incorporation
A constitutional doctrine through which parts of the Bill of Rights are made applicable to the states through the due process of the 14th amendment (ongoing process)
State Action Requirement
All lawsuits alleging a violation of the individual rights protected by the Bill of Rights must show how the government was responsible for the violation of rights
First Amendment Jurisprudence
Is the law valid on its face? What level of scrutiny do we apply?
Vagueness
A law is unconstitutionally vague when it fails to provide clear guidance
Overbreadth
A law is overly broad when it infringes on protected speech as well as unprotected speech
Strict level of scrutiny
Government must show its restriction on speech is narrowly tailored to advance a compelling government interest
Intermediate level of scrutiny
Narrowly tailored to advance a substantial government interest (commercial speech)
Minimum level of scrutiny
The government must show that its restriction on speech must have a rational basis related to a legitimate government interest (unprotected speech)
Incitement to Violence
A type of unprotected speech where speech that is directed to incite imminent lawless action or likely to produce such action
Fighting Words
A type of unprotected speech by their utterance they are likely to cause the person whom they are addressed to respond with violence directed at the speaker
True Threats
A type of unprotected speech in which those in which the speaker means to communicate a serious expression of intent to commit an unlawful act of violence to a specific individual
Prior Restraint
A government action that prohibits speech or other expression before it takes place (common forms are licensing and injunctions)
Public Forum
A place that has by tradition or practice been held out for speech related activities (Traditional, Designated, Non-Public)
Access to Places
The first amendment right to gather news does not compel others to provide access
Freedom of Information Act (FOIA)
Federal act that requires government to provide access to information that government has created (copies)
Defamation
An expression that tends to damage a person's standing in the community through words that attack an individual's character or professional abilities (slander and libel)
Defamatory Content
A type of libel that tends to injure the reputation of a persona referred to in it (libel per se and libel per quod)
Falsity
A type of libel in which the plaintiff must prove the defamatory statement is false
Publication
A type of libel in which at least 3 people are needed - the defamer, defamed, and a 3rd person - to prove the libelous statement
Republication Rule
Every republication of libel is a new libel
Identification
A type of libel in which a plaintiff must show that the defamatory statement is of and connecting them (need testimony of at least 1 person)
Group Libel
A part of identification in libel that is risky in small groups (less than 15), reasonable with groups of 15-75 people, and safe in groups of 75 or more people
Fault
A type of libel that includes strict liability (does not depend on actual negligence or intent to harm) and actual malice (publication with knowledge of falsity or reckless disregard for the truth)
Harm
A type of libel that includes presumed damages (which requires no proof of actual injury) and compensatory damages (actual, special, and punitive)
Public Official
A government employee who has or appears to have substantial responsibility over the conduct of government affairs
Public Figure
People who are intimately involved in the resolution of important public questions or by reasons of their fame, shape events in areas of concern to society at large (includes all purpose and limited purpose)
Private Figures
A type of figure in which you must prove a minimum of negligence but states are free to place a higher bar
Statute of Limitation
A time in which a lawsuit must be filed, after it expires the case cannot be brought
Fair Report Privilege
A qualified privilege to report on official government proceedings (fair and accurate)
Neutral Report Privilege
A qualified privilege to report fairly and accurately on statements made by one public figure about another
Anti-SLAPP Statute
Also known as Strategic Lawsuits Against Public Participation, this is designed to burden the defendant with the cost of a lawsuit in the hope of silencing them (this allows for a judge to dismiss this type of case)
Intrusion Upon Seclusion
A privacy tort that is defined as intrusion is an intentional invasion of a person's physical seclusion or private affairs in a manner that would be highly offensive to a reasonable person
Publication of Private Facts
A privacy tort that is defined as a public disclosure of embarrassing and non-newsworthy private facts, which a reasonable person would find highly offensive
False Light
A privacy tort that is defined as dissemination of highly offensive publicity about someone with knowledge of, or reckless disregard for, the falsity (distortion and fictionalization)
Commercial Appropriation/Appropriation of Likeness
A privacy tort that is defined as the commercial use of a person's name or likeness without consent
Intentional Infliction of Emotional Distress
Outrageous conduct that is calculated to cause and does cause severe mental or emotional distress
The Sixth Amendment
The right to a fair trial
Gag Orders
Restraints on participants such as lawyers and witnesses where they cannot speak publicly about the case while it is pending (form of prior restraint)
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