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Media Law Final
Terms in this set (91)
Who can enable statutes?
legislatures at Federal, State, and Local level
3 branches of government are...
What court case established that courts can interpret laws?
Marbury v Madison
What allows plaintiffs to choose the court in which the case will be held?
The U.S. constitution is...
the supreme law and very difficult to amend
What resolves the vast majority of U.S. trials?
out of court settlements in civil suits and plea bargains in criminal proceedings
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
Citizens United v. Federal Election Commission
corporations have 1st amendment right to support political candidates
rarely constitutional, usually unconstitutional
content neutral regulations
also called time, place, and manner regulations
NYT v United
Supreme Court said government bears an extremely heavy burden of proof to justify prior restraints
What does prior restraint enable?
Enables the government to stop publications before they reach the public
Traditional Public Forum
Lands designed for public use and historically used for public gathering, discussion and association (e.g., public streets, sidewalks and parks). Free speech is protected in these areas.
The first amendment for political speech?
Political speech is at the core of protected freedom of speech
New York Times v United States
If the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security.
What are fighting words?
words that threaten to immediately disturb the peace
public schools can...?
regulate student expression when it disrupts education or is lewd or obscene
The first amendment protects
the rights of citizens to assemble in non-violent gatherings
public schools may have their speech restricted to...?
serve other important government issues
Chaplinsky v. New Hampshire
(1942) The Court ruled that the first amendment did not protect "fighting words"
When does symbolic speech exist?
when actions are closely related to speech and are intended to send a message that others will understand
Tinker v. Des Moines
Students have the right to symbolic speech at school as long as it is not disruptive
Elonis v. US
Threatening speech online, protected
(this was that rapper that was rapping about killing wife)
What are libel laws concerned with?
What is the umbrella term for "all purpose public figure"
What is bootstrapping?
an attempt by a libel defense to enhance its defense by claiming that the statement made the person a public figure
closely associated with damaged reputation
public officials and public figures must?
prove actual malice
what is trade libel?
criticism of products instead of people or businesses
New York Times v. Sullivan
To libel a public figure, there must be "actual malice"
What is the defendant responsible for when using truth as a defense for libel?
demonstrating that the statement is false
What is fair comment and criticism?
meant to protect reviews of products and services that are presented for public consumption
What is the purpose of SLAPP?
to harass one's critics into silence
What does Section 230 of the Communications Decency Act protect?
Internet service providers from liability in defamation cases if they are only serving as distributors of information
What is rhetorical hyperbole?
the idea that material cannot be libelous when it is unbelievable
What is one of the criteria for successful application of the neutral reportage libel defense?
That charges are made by a responsible and prominent source
What does a false light plaintiff have to prove?
The story made them appear to be someone they're not
How is false light different from libel?
in false light a plaintiff must show the statement would highly offend a reasonable person, in libel a plaintiff must show injury to reputation
What is the best defense against an intrusion lawsuit?
if the defendant had the plaintiff's consent
Riley v California
a police officer cannot search a suspect's smartphone without a warrant
What does a data broker do?
collects and stores billions of pieces of personal data that cover nearly every U.S. consumer and sells that info to other organizations
What does the Video Privacy Protection Act (VPPA) apply to?
Physical video rentals, streaming websites, and mobile applications
Carpenter v. United States
Journalist who engaged in insider trading violated SEC Act and fiduciary duty
Wilson v Layne decided that...?
owners control private property and must grant permission to anyone not present to perform official duties
When recording face to face conversations, the majority of U.S. states are...
one party states
Is submitting a signed consent to record form to the FCC required for recording interstate phone calls?
How many days does a federal agency have to respond to a Freedom of Information Act request?
20 working days
FERPA (Family Educational Rights and Privacy Act)
regulates access to student records
HIPPA (Health Insurance Portability and Accountability Act)
regulates access to medical records
Wilson v. Layne
police taking a photographer along to serve warrant in private home violates 4th amendment rights of the residents
A reporter is least likely to have reporter's privilege when subpoenaed to testify
before federal grand jury
What are shield laws?
protects the identities of news sources
Difference between a subpoena and a search warrant?
subpoena can be challenged in court
must immediately comply with search warrant
What does the 6th amendment do?
a fair trial belongs to both defendant and the public
When do state shield laws not protect journalists?
when called to testify about events they witnessed in which they are defendants
The Privacy Protection Act is?
a federal law that protects newsrooms from unwarranted searches
A public meeting is?
a public governmental body where any public business is discussed, decided, or a public policy is formulated
How many hours must governmental body give in advance notice of a public or closed meeting?
24 hours before start of meeting
Closed meeting decisions must be made public after...?
72 hours of the close of the meeting
What is an arrest?
actual restraint of a person by submission to the custody of a law officer, under authority of a warrant or criminal violation, which results in summons
What is an incident report?
record of law enforcement agency consisting of time, date, specific location, name of victim and immediate facts and circumstances surrounding the initial report of a crime
What is an investigative report?
a record prepared by personnel of a law enforcement agency, inquiring into a crime or suspected crime, either in response to an incident report or in response to evidence developed
What does the Communications Act of 1934 do?
regulates broadcast radio and television station in the U.S.
The FCC does?
regulates broadcast radio and tv
Section 315 of the Communications Act of 1934 requires?
broadcast stations to make equal opportunities available to legally qualified candidates for the same political office
What is FirstNet?
A broadband network dedicated exclusively to the public safety community
What is DirectTV?
a multichannel video programming distributor
What does the FCC have jurisdiction over?
Broadcast, mvpd, ovd, and broadband
What are "Must carry" and "retransmission" rules regarding cable television?
must carry is that cable must carry local broadcast stations
retransmission is mvpd must obtain permission from commercial broadcasters
Red Lion Broadcasting Company v. Federal Communications Commission
broadcasters must adhere to the guidelines set forth by the fairness doctrine and the FCC
Is obscenity protected under the first amendment?
What does variable obscenity mean?
if material is distributed to children but not obscene if it is given to adults
What is child pornography?
material that uses minors in sexual poses
What is the Miller Test?
materials must be found obscene, material must lack serious literary, artistic, political, or scientific value
What is the "safe harbor" time?
10pm-6am where stations can broadcast material that doesn't comply with the indecency ban
CIPA (The Children's internet protection act) does what?
stops money from going to schools and libraries that do not install "technology protection measures" on their computers
FCC v. Pacifica Foundation
"The government has the right to prohibit the broadcasting of patently offensive language."
When is a work copyrighted?
when it is created
What has to happen before suing for a copyright infringement?
copyright holder must register the copyright
What is a trademark?
a word, name, symbol or design used to identify a company's goods
What is the backbone of U.S. copyright law?
the 1976 copyright act
What is trademark tacking?
Allows a trademark owner to slightly alter a trademark without abandoning ownership of the original mark.
How long does copyright last?
life of author plus 70 years
What are the factors for courts to determine whether a person acted as an employee so that the works were made for hire?
-the extent to which the hiring party can direct or control the work's creation
-is the skill necessary to complete the work.
-the location where the work is created
-duration of the relationship between the parties
what is puffery?
exaggerate product claims that no reasonable person would take seriously
The FTC's two primary approaches for addressing problematic advertising?
Preventative and Corrective
What is native advertising?
a form of advertising that is difficult to distinguish from the editorial content of the platform on which the ad appears
The FTC is?
The primary regulator of advertising
The Lanham Act?
targets unfair competition by an advitiser
The controlling the assault of non-solicited pornography and marketing act regulates?
deceptive labelling and spam, including pornography online
The FTC used preventative and corrective mechanisms when dealing with advertising. 2 of each mechanisms are:
yeah idk yolo
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