Study sets matching "media law and ethics"

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Study sets matching "media law and ethics"

102 terms
Media Law and Ethics Midterm
Powers set by the federal government i…
Areas of media law are either ____ or…
Number of separate legal systems Ameri…
States ___ take away freedoms set fort…
limited and specific
exclusively state or federal jurisdiction, concurrent (shared)
51
cannot; more
Powers set by the federal government i…
limited and specific
Areas of media law are either ____ or…
exclusively state or federal jurisdiction, concurrent (shared)
Media Law/ Media Ethics
The First amendment
Roots of free speech
Shield Laws
The fourth estate
freedom of speech/press
A democracy cannot function unless the people have the right…
Protect journalists from testifying in court or divulging sou…
press
The First amendment
freedom of speech/press
Roots of free speech
A democracy cannot function unless the people have the right…
80 terms
Media Law and Ethics
Libel
Slander
Defamation
Actual Malice
Written defamatory statement
Spoken defamatory statement
a false intentional written or spoken communication that inju…
(libel) a statement made with knowing falsity or reckless dis…
Libel
Written defamatory statement
Slander
Spoken defamatory statement
Media Law and Ethics Midterm
What are categories of expression outs…
What Supreme Court justices are most c…
Although the Bill of Rights was ratifi…
Under current U.S. Supreme Court inter…
Obscene material, false advertising, and fighting words
Hugo Black and William O Douglas
Connecticut, Massachusetts and Georgia
pornography
What are categories of expression outs…
Obscene material, false advertising, and fighting words
What Supreme Court justices are most c…
Hugo Black and William O Douglas
Media Law and Ethics: Final
Schenck v. U.S. (1919)
Near v. Minnesota (1931)
Gosjean v. American Press Co. (1936)
Brandenburg v. Ohio (1969)
- FIRST AMENDMENT... - Schenck mailed circulars to WWI draftees…
- FIRST AMENDMENT... - Near published scandal sheel about local…
- FIRST AMENDMENT... - Louisiana tax on select newspapers based…
- FIRST AMENDMENT... - Convicted KKK leader made speech at Klan…
Schenck v. U.S. (1919)
- FIRST AMENDMENT... - Schenck mailed circulars to WWI draftees…
Near v. Minnesota (1931)
- FIRST AMENDMENT... - Near published scandal sheel about local…
54 terms
Media Law and Ethics
dual sovereignty
jurisdiction
original jurisdiction
appellate jurisdiction
the US government and state government are considered separat…
a question if the court has the authority to hear this matter
trial courts, court has ability to make findings of fact and…
the court that's appropriate to hear an appeal
dual sovereignty
the US government and state government are considered separat…
jurisdiction
a question if the court has the authority to hear this matter
54 terms
Media Law and Ethics
Sedition Act of 1798
Sedition Act of 1798
Sedition Act of 1798
Sedition Act of 1798
Response to debate over conflicts with France; Made it a crim…
Passed by President Adams; Limited paths for immigrants (Fren…
Unlawfully to combine or conspire together to oppose any meas…
To write, print, utter or publish, or cause it to be done, or…
Sedition Act of 1798
Response to debate over conflicts with France; Made it a crim…
Sedition Act of 1798
Passed by President Adams; Limited paths for immigrants (Fren…
71 terms
Media Law and Ethics Midterm
What are categories of expression outs…
What Supreme Court justices are most c…
Although the Bill of Rights was ratifi…
Under current U.S. Supreme Court inter…
Obscene material, false advertising, and fighting words
Hugo Black and William O Douglas
Connecticut, Massachusetts and Georgia
pornography
What are categories of expression outs…
Obscene material, false advertising, and fighting words
What Supreme Court justices are most c…
Hugo Black and William O Douglas
38 terms
Media Law and Ethics - Defamation
Define Defamation
Does New Zealand have a law for freedo…
Libel is ...
Slander is ...
Most common definition, a PUBLISHED statement that: ... - Lowers…
No, but Section 14 of the Bill of Rights 1990 suggests that e…
Written defamation
Spoken defamation
Define Defamation
Most common definition, a PUBLISHED statement that: ... - Lowers…
Does New Zealand have a law for freedo…
No, but Section 14 of the Bill of Rights 1990 suggests that e…
Media Law and Ethics Final
Wilson v. Layne
Cohen v. Cowles Media Co
Branzburg v. Hayes
Cox Broadcasting Co v. Cohn
F: In 1992, a Montgomery county police team invited a Washing…
F: In 1982, reporters from two papers promised source confide…
F: In 1969, a Kentucky reporter wrote an article with detaile…
F: In 1971, six minors were indicted for the fatal rape of a…
Wilson v. Layne
F: In 1992, a Montgomery county police team invited a Washing…
Cohen v. Cowles Media Co
F: In 1982, reporters from two papers promised source confide…
Media Law and Ethics
Fair Use
Grand Upright v. Warner (1991)
Campbell v. Acuff-Rose (1994)*
Digital Millennium Copyright Act (DMCA)
Trans-formative Factor: Did you create something new... Nature o…
Two non-Supreme Court cases have made sampling a very dangero…
...Roy Orbison's "Oh, Pretty Woman" parodied by 2 Live Crew a…
Copyright must be registered with the Copyright Office before…
Fair Use
Trans-formative Factor: Did you create something new... Nature o…
Grand Upright v. Warner (1991)
Two non-Supreme Court cases have made sampling a very dangero…
Media Law and Ethics Court Cases
Gitlow v. New York
Near v. Minnesota
U.S. v. O'Brien (1968)
Texas v. Johnson
With this 1925 case, the U.S. Supreme Court indicated for the…
o Single most important decision formalizing doctrine against…
o O'Brien burned military draft registration certificate on s…
o Gregory Johnson, member of Revolutionary Communist Youth Br…
Gitlow v. New York
With this 1925 case, the U.S. Supreme Court indicated for the…
Near v. Minnesota
o Single most important decision formalizing doctrine against…
Mass Media Law and Ethics
Media Law
Stationers Guild
Star Chamber
Fourth Estate
Regulates print, radio and television broadcasting as well as…
Regulate and enforce licensing fees on printing presses and p…
Secret tribunal
Guaranteed role of the free press, enshrined in the U.S. Cons…
Media Law
Regulates print, radio and television broadcasting as well as…
Stationers Guild
Regulate and enforce licensing fees on printing presses and p…
Media Ethics & Law Test
Dorothy Barber v. New York Times
Times V. Sullivan
Howell v. New York Post
Virgil v. Time Incorporated.
A woman with a weird eating disorder was admitted to a hospit…
Times held an editorial advertisement that leveled charges ag…
Pamela Howell was alongside Hedda Nussbaum when a picture of…
Sports Illustrated featured an article of Mike Virgil, a body…
Dorothy Barber v. New York Times
A woman with a weird eating disorder was admitted to a hospit…
Times V. Sullivan
Times held an editorial advertisement that leveled charges ag…
Media Law and Ethics
Libel
Slander
What can libel be
Times v Sullivan
false and defamatory attack in written form on a person's rep…
oral defamation
anything published; headlines, photos, films
1964... ad in NY Times about police brutality (inaccurate) ... SC -…
Libel
false and defamatory attack in written form on a person's rep…
Slander
oral defamation
20 terms
Media Law and Ethics.
Where do ethics come from?
Hoaxes
Horace Greely
NAB Code
the field and the pressures from it. ... the philosopher... controv…
Common unethical practice. Purposeful deceptions of the publi…
Published of the New York Tribune. Spoke out against "satanic…
Reaction to Dr. Brinkly giving health advice. ... - set standard…
Where do ethics come from?
the field and the pressures from it. ... the philosopher... controv…
Hoaxes
Common unethical practice. Purposeful deceptions of the publi…
Media Law and Ethics Test
Libel & Slander Elements
New York Times v. Sullivan
Actual Malice
Gertz v. Welch
Defamatory content... False... Published... ID someone... Fault... Harm
illegally arresting MLK to stop him... even though not named, Su…
had to know false or reckless disregard for truth
established negligence... John Birch Society accused Gertz of be…
Libel & Slander Elements
Defamatory content... False... Published... ID someone... Fault... Harm
New York Times v. Sullivan
illegally arresting MLK to stop him... even though not named, Su…
Media/Law/Ethics Midterm
Zenger Case
Near. V. Minnesota
New York Times Co. v. United States
Opinions in NYT v. U.S.
Zenger published articles critical of the royal governor and…
Near published a Minnesota newspaper that criticized the mayo…
Ellsberg and colleagues completed study of government and Vie…
Black and Hugo: no restraints under any condition Brennan: re…
Zenger Case
Zenger published articles critical of the royal governor and…
Near. V. Minnesota
Near published a Minnesota newspaper that criticized the mayo…
29 terms
Ethics and Media Law
fair comment
record keeping function
public figures
first amendment rights
Defense against libel relating to reviews
The ability to go back and search microfiche for information…
These people have a harder time winning a libel case because…
Students in both cases we discussed were fighting for this
fair comment
Defense against libel relating to reviews
record keeping function
The ability to go back and search microfiche for information…
Media Law and Ethics
the pentagon papers
prior restraint
progressive magazine
fair trial
history of America's military/political involvement with Viet…
censorship imposed, usually by a government, on expression be…
monthly magazine about politics, with a major political slant.
a right in all countries that respect the rules of law. It is…
the pentagon papers
history of America's military/political involvement with Viet…
prior restraint
censorship imposed, usually by a government, on expression be…
19 terms
Media Law and Ethics
Golden Mean (Aristotle)
Golden Mean (Confucius)
Categorical Imperative
Islam's Divine Commands
(Aristotle) a middle state determined by practical wisdom
(Confucius) moral virtue is the appropriate location between…
(Kant) we must do what is morally right all the time, despite…
(Qur'an) justice, human dignity, and truth are unconditional…
Golden Mean (Aristotle)
(Aristotle) a middle state determined by practical wisdom
Golden Mean (Confucius)
(Confucius) moral virtue is the appropriate location between…
Media Law and Ethics
defamation
libel
slander
elements of defamation
an injury to reputation; a tort at common law
written defamation
oral defamation
publication(3rd party), identification, falsity, fault, damages
defamation
an injury to reputation; a tort at common law
libel
written defamation
69 terms
Media Law and Ethics
Wrongs Imposed by the Monarchy
Sources of the Law
Source of the Law: Constitution
Source of the Law: Statutes
They were treated badly leading to the rebellion causing the…
Constitutions, Statutes, Equity law, Common law, Administrati…
Basic Law; Framework for the government
Legislative process, laws, rules and regulations
Wrongs Imposed by the Monarchy
They were treated badly leading to the rebellion causing the…
Sources of the Law
Constitutions, Statutes, Equity law, Common law, Administrati…
40 terms
Media Law&Ethics: Exam 1
Statutory Law
Constitutional Law
Executive Orders
Criminal Court
created by legislative bodies ex. Congress, House of Reps.
from the Constitution& Bill of Rights; interpreted by the sup…
something the President or Governor can make without going th…
for breaking the law
Statutory Law
created by legislative bodies ex. Congress, House of Reps.
Constitutional Law
from the Constitution& Bill of Rights; interpreted by the sup…
Media Law and Ethics Final
First Amendment
Fourth Amendment
Fourteenth Amendment
absolutists
this amendment protects speech
this amendment protects citizens from unlawful search and sei…
This amendment guarantees the rights of all citizens and prev…
they believe that there should be no gov't restrictions or pe…
First Amendment
this amendment protects speech
Fourth Amendment
this amendment protects citizens from unlawful search and sei…
Media law & Ethics
federal communications commission
First Amendment
The first amendment
Free Speech Milestones 1919
The electronic media is subject to laws and regulations the s…
In most cases, the government cannot censor media and without…
1919:... The US Supreme Court rules it's lawful to restrict spee…
federal communications commission
The electronic media is subject to laws and regulations the s…
First Amendment
Media Law and ethics
Defamation
libel
slander
Appropriation
the action of damaging the good reputation of someone
a false statement in writing that injures someone's reputation
a false statement spoken to at least one person that injures…
taking someone's image (often a celebrity) and using it for c…
Defamation
the action of damaging the good reputation of someone
libel
a false statement in writing that injures someone's reputation
28 terms
Journalism Media Law & Ethics
Ethics
Forum Theory
Libel
Plagarism
System of forum prinipals
Idea that once a forum , or places where ideas are exchanged,…
written defiation; damaging false statements against another…
taking or using ones writings or inventions of another person.
Ethics
System of forum prinipals
Forum Theory
Idea that once a forum , or places where ideas are exchanged,…
54 terms
Media Law and Ethics 1
Common Law
Invasion of Privacy
Equity Law
Trial Courts
Principles and rules of law that derive their authority not f…
A civil tort that emerged in the early 20th centuryand contai…
A system of jurisprudence, distinct from common law, in which…
Normally the first court to hear a lawsuit. This court is the…
Common Law
Principles and rules of law that derive their authority not f…
Invasion of Privacy
A civil tort that emerged in the early 20th centuryand contai…
28 terms
Media Law and Ethics
Satutory Law
Administrative Law
FCC
FEC
are those introduced or govern by stature law. The government…
legislation written by government agencies
which regulates broadcasting
which discloses campaign finance information, enforces contri…
Satutory Law
are those introduced or govern by stature law. The government…
Administrative Law
legislation written by government agencies
38 terms
Media Law and Ethics
Ethics
5 levels of influence
"Golden Mean" Ethics
Judeo-Christian Ethics
Moral principles or code of behavior
Duty to self... Duty to employer-expectations... Duty to profession…
Aristotle- moderation and balance=happiness
Fairness "do unto others"
Ethics
Moral principles or code of behavior
5 levels of influence
Duty to self... Duty to employer-expectations... Duty to profession…
33 terms
Media Law and Ethics
The Hierachy of Laws
Citations
Administrative Regulations
Injunction
bottom to top: case law, rules and regulations, statutes and…
makes it easier to find info on a case or law
legislative bodies delegate some of their lawmaking authority…
most frequently used and important of remedies, if plaintiff…
The Hierachy of Laws
bottom to top: case law, rules and regulations, statutes and…
Citations
makes it easier to find info on a case or law
70 terms
Media Ethics and Law
Fabrication
Plagerism
Manipulation
Disclosure
An invention or lie
The practice of taking someone else's work or ideas and passi…
Skillful handling, controlling or use of something or someone
The action of making new or secret information known, letting…
Fabrication
An invention or lie
Plagerism
The practice of taking someone else's work or ideas and passi…
26 terms
Media Law and Ethics
religion, press, speech, assemble and…
Abington School District vs. Schempp
fighting words
time, place, and manner restriction
These are the five freedoms guaranteed by the First Amendment
School children have freedom from religion due to the ruling…
words that are not protected by the first amendment and incit…
Time, place, and manner restriction on speech is constitution…
religion, press, speech, assemble and…
These are the five freedoms guaranteed by the First Amendment
Abington School District vs. Schempp
School children have freedom from religion due to the ruling…
76 terms
Media law and ethics
Intellectual property law
Derivative works
Unfair competition
Copyright infringement
Protects creator's right to make profit
Work based on other work-movie based on book
Using competitor's work as own
Making money off of other's work
Intellectual property law
Protects creator's right to make profit
Derivative works
Work based on other work-movie based on book
26 terms
Media Law and Ethics
Values (Potter Box)
Loyalties Quadrant (to whom...)
3 Functions of Media
3 Principles of Ethical Journalism
Professional, Moral, Logical, Socio-cultural, Aesthetic
Duty to self, audience, employer/organization, colleagues, an…
Inform, Persuade, and Entertain
Accuracy, Promote understanding, and fair/balanced
Values (Potter Box)
Professional, Moral, Logical, Socio-cultural, Aesthetic
Loyalties Quadrant (to whom...)
Duty to self, audience, employer/organization, colleagues, an…
50 terms
Media Law and Ethics
Branzberg v. Hayes
Chicago tribune and the Battle at Midway
Citizens United v. FEC
Bartnicki v. Vopper
-Branzburg one of the Petitioners observed the making of hash…
The Chicago Tribune, which published a series of stories infe…
-Citizens United created a 90 min documentary aimed at Senato…
-Some unknown person tapped and recorded a cell phone convers…
Branzberg v. Hayes
-Branzburg one of the Petitioners observed the making of hash…
Chicago tribune and the Battle at Midway
The Chicago Tribune, which published a series of stories infe…
26 terms
Media law and ethics
Damages
Plaintiff
Litigant
Statutory Law
Monetary compensation that may be recovered in court by any p…
The party who filed a complaint; the one who sues.
Person involved in a lawsuit
Written law formally enacted by city, county, state, and fede…
Damages
Monetary compensation that may be recovered in court by any p…
Plaintiff
The party who filed a complaint; the one who sues.
Media Law and Ethics
Libel
Publication
Identification
Defamation
The publication or broadcast of any statement that injures so…
One person in addition to the plaintiff and the alleged sourc…
The statement must be about or concerning the plaintiff.
Defamation focuses on the words themselves.
Libel
The publication or broadcast of any statement that injures so…
Publication
One person in addition to the plaintiff and the alleged sourc…
37 terms
Media Law and Ethics
Examples of when reckless disregard ca…
Examples of when reckless disregard ca…
BJF rape case
Invasion of privacy
The Butts case - not hot news, notes were not reviewed, not a…
St Amant Case - failure to investigate does not in itself est…
Revealed the full name of a rape victim. The imposition of da…
intrusion upon seclusion, public disclosure of private facts,…
Examples of when reckless disregard ca…
The Butts case - not hot news, notes were not reviewed, not a…
Examples of when reckless disregard ca…
St Amant Case - failure to investigate does not in itself est…
57 terms
Media Law And Ethics
Golden Mean
Categorical Imperative
Principle of Utility
Veil of Ignorance
(Aristotle) two find a balance between two extremes
(Kant) Create a personal rule that becomes a universal law
(J.S. Mill) Greatest happiness for the greatest number
(J. Rawls) justice without social differences
Golden Mean
(Aristotle) two find a balance between two extremes
Categorical Imperative
(Kant) Create a personal rule that becomes a universal law
38 terms
Media Law And Ethics
First Amendment
Censorship
Ollman test
Prior Restraint
Freedom of speech, press, and right to assemble and petition…
The suppression of speech or writing that is deemed obscene,…
Four part test to determine whether a statement should be reg…
Official restriction of speech prior to publication. When the…
First Amendment
Freedom of speech, press, and right to assemble and petition…
Censorship
The suppression of speech or writing that is deemed obscene,…
94 terms
Media Law and Ethics
Common law
Constitutional law
Equity law
Statutory law
Oldest form of law, originated in England, customs of the peo…
Explains the organization of government, outlines duties of e…
judge made, restraining order/preventive action , tried by ju…
deals with society or large groups, anticipates problems, cre…
Common law
Oldest form of law, originated in England, customs of the peo…
Constitutional law
Explains the organization of government, outlines duties of e…
10 terms
Media Law and Ethics
1. Know all of the steps that must be…
2. Know the three reasons that out-of-…
3. Know the two factors that a judge m…
1. Know the U.S. Supreme Courts defini…
1. The party seeking closure, the defendant or the government…
1. Settlement agreements have traditionally been considered a…
1. Whether this kind of hearing (or document, if access to a…
In most jurisdictions, "community standards" are "state stand…
1. Know all of the steps that must be…
1. The party seeking closure, the defendant or the government…
2. Know the three reasons that out-of-…
1. Settlement agreements have traditionally been considered a…
Media Law and Ethics
Sixth Amendment
Protective Orders
Sequestration
Change of venue
Right to a fair and speedy trial with a jury of your peers
Orders forbidding the disclosure of sensitive information rel…
Confiscation of assets by the court
Changing the location of the trial to another courthouse
Sixth Amendment
Right to a fair and speedy trial with a jury of your peers
Protective Orders
Orders forbidding the disclosure of sensitive information rel…
24 terms
Ethics and Media Law Quiz
PR Professional Values
PR Provisions of Conduct
Free flow of information
Competition
loyalty, fairness, advocacy, independence, expertise, honesty
free flow of information, competition, disclosure of informat…
Protecting and advancing the free flow of accurate and truthf…
Promoting healthy and fair competition among professionals pr…
PR Professional Values
loyalty, fairness, advocacy, independence, expertise, honesty
PR Provisions of Conduct
free flow of information, competition, disclosure of informat…
100 terms
Media Ethics and Law Midterm
Morals and Ethics
Normative ethics
Moral agents
Credibility, integrity, civility
The branch of philosophy that deals with questions of moral b…
Concerned with developing general theories, rules and princip…
The ones who make ethical judgements, regardless of whether t…
"Ethical markers" that are the first principles of moral valu…
Morals and Ethics
The branch of philosophy that deals with questions of moral b…
Normative ethics
Concerned with developing general theories, rules and princip…
77 terms
Media Ethics and Law Midterm
Morals and Ethics
Normative ethics
Moral agents
Credibility, integrity, civility
The branch of philosophy that deals with questions of moral b…
Concerned with developing general theories, rules and princip…
The ones who make ethical judgements, regardless of whether t…
"Ethical markers" that are the first principles of moral valu…
Morals and Ethics
The branch of philosophy that deals with questions of moral b…
Normative ethics
Concerned with developing general theories, rules and princip…
Media Law and Ethics Midterm
5 Clauses of the First Amendment
4 Sources of Law
Federal and State Constitutions
Statues
Religion, Press, Speech, Assembly, Petition
Federal and State Constitutions, Statues enacted by the US Co…
Written and adopted by a constitutional convention representi…
Sometimes called acts or laws. Require signature of president…
5 Clauses of the First Amendment
Religion, Press, Speech, Assembly, Petition
4 Sources of Law
Federal and State Constitutions, Statues enacted by the US Co…
Media Law and Ethics Final
6th Amendment Rights
Ways to combat media influence
How can courts manage pre-trial public…
Access to courtrooms
Right to a fair trial... --Media can impact the outcome of a trial
-Moving the trial to a different district... -Bringing in a jury…
-Restraints on participants... -Professional codes of conduct fo…
1st amend. right... historically, courtrooms have been open. It…
6th Amendment Rights
Right to a fair trial... --Media can impact the outcome of a trial
Ways to combat media influence
-Moving the trial to a different district... -Bringing in a jury…
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