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Final Media Law
Terms in this set (27)
What ae the 4 areas of privacy law?
1. appropriation of one's name or likeness for trade purposes, 2. intrusion upon an individual's solitude or seclusion, 3. public disclosure of private facts about an individual, 4. publishing material that puts an individual in a false light
What are the two actions of appropriation?
Right to privacy
right to publicity
What does right to privacy entail?
protects an individual from the emotional damage when used for a commercial
What does right to publicity entail?
What are the trial remedies
Voire Dire, change of venue, change of veniremen "jurors", continuance, admonition, sequestration
What is voir dire?
questioning of jurors by attorneys to find out if they will be good jurors
What is change of venue?
changing where the trial is held to get away from publicity
What is Change of veniremen "jurors"?
keeping the venue the same but changing the juror to an unbiased one
What is continuance?
pushing back the date of trial in attempt to let the publicity die down
What is admonition?
juror considers what can and cannot be used
What is sequestration?
closing the jury off to everything, they don't go home and have no access to emails or technology
What are restrictive orders
lawyers and jurors may not talk about the case to anyone or the press during the trial and sometime after the trial
What is the eceptions of giving up a source?
Subpeona, a court orde to reveal sources
What is it called when a source sues a private party for giving their identification away without permission?
When is there no privacy?
What is true about reporters during a trial?
They have to watch how they portray witnesses
What is an impartial juror in a free press trial?
a jury that is unbiased
What is true about jurors who have some opinions?
They cannot use the opinions as evidence and the publicity surrounding the case should not be so widespread
What are the two federal regulations
FDA and FTC
What is the FDA?
Federal drug administration is responsible for protecting public health
What is the FTC?
Federal trade commission polices unfair methods of business competition and protects consumers from deceptive ads
What was the precedence case for the laws in false advertising?
What are the guidelines of false advertising?
must be a representation that is likely to mislead or to confuse the consumer, the act must be considered from the prospective of a "reasonable consumer", and material is likely to influence purchasing decision
How does the FTC police false advertising?
guides, voluntary compliane, consent agreement, litigation orders, substantiation, corrective advertising, injunctions, and trade regulation rules
What is he test of false advertising?
What message does the ad convey?
is the message false or misleading?
Does the message injure plaintiff?
What is a news room search?
a search warrant ordered by the court to obtain documentary materials such as soures
When can law enforcement issue a news oom search?
when there is probable cause to beleieve the person that has the materials is committed to a criminal offense
when the immediate seizure of materials is needed to prevent death or serious harm to a person
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