52 terms

Media Law and Ethics Exam 2

Defenses of Privacy
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.
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
refers to materials sexual or non-sexual that are considered to be patently offensive, they are protected
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.
deceptive juxtapositions of facts, improper context
adding or changing the facts, such as "docudramas"
offensive invasion of another solitude usually by technology, hidden camera
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.
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
a malice, false, or defamatory statement that is spoken
defamatory statement that is written or printed words, pictures or in any other form except spoken.
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
a wrong that involves a breach of a civil duty owed to someone else
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