How can we help?

You can also find more resources in our Help Center.

Study sets matching "media law"

Study sets
Classes
Users

Study sets matching "media law"

20 terms
Media Law
prior review
defamation (harm)
Hazelwood
slander
proofing a publication before it goes to press
this is one of the four elements of a libel case; damage done…
Supreme Court decision that ruled school officials have the r…
a spoken falsehood
prior review
proofing a publication before it goes to press
defamation (harm)
this is one of the four elements of a libel case; damage done…
52 terms
Media Law
The common law is
In a legal citation such as 361 U.S. 4…
The concept of "statutory construction…
The first ten amendments to the U.S. C…
an inductive system of law in which a legal rule is arrived a…
the volume of the reporter which contains the case
The process of courts and judges interpreting the meaning of…
the Bill of Rights.
The common law is
an inductive system of law in which a legal rule is arrived a…
In a legal citation such as 361 U.S. 4…
the volume of the reporter which contains the case
131 terms
Media Law
1st amendment
4th amendment
6th amendment
14th amendment
Congress shall make no law respecting an establishment of rel…
the right of the people to be secure in their persons, houses…
In all criminal prosecutions, the accused shall enjoy the rig…
No state . . . shall deprive any person of life, liberty (inc…
1st amendment
Congress shall make no law respecting an establishment of rel…
4th amendment
the right of the people to be secure in their persons, houses…
15 terms
Media Law
John G. Roberts
Antonin Scalia
Anthony M. Kennedy
Clarence Thomas
John G. Roberts
Antonin Scalia
33 terms
Media Law
Law
Sources of US Law
Common Law
Options when a case has a precedent
a set of rules that attempt to guide human conduct in a set o…
-constitutions... -common law... -law of equity ... -statutory law... -ad…
an inductive system of law in which a legal rule is arrived a…
1. Court can accept the precedent and rule based on it... 2. Cou…
Law
a set of rules that attempt to guide human conduct in a set o…
Sources of US Law
-constitutions... -common law... -law of equity ... -statutory law... -ad…
52 terms
Media Law
Jurisdiction
judicial legislative
exclusive
federal court
(law) the right and power to interpret and apply the law
the branch of government that interprets laws and holds court
Any agreement which limits who may provide specific products…
Deal with problems between states; they also handle cases tha…
Jurisdiction
(law) the right and power to interpret and apply the law
judicial legislative
the branch of government that interprets laws and holds court
20 terms
Media Law
Authoritarian Model
Communist or State Model
Social Responsibility Model
Libertarian Model
- Said that general public needed guidance from the elite and…
-Press is controlled by the government ... -Government believes…
- Has similar ideals as American journalism ... - Press function…
- Encourages government criticism ... - No restrictions on mass…
Authoritarian Model
- Said that general public needed guidance from the elite and…
Communist or State Model
-Press is controlled by the government ... -Government believes…
50 terms
Media Law
Ride Circuit
en banc
circuit split
Precedent
the historic practice in which judges rode from place to plac…
latin/ french for "in the bench" a session where all judges o…
when two or more circuit courts have different rules on the s…
a case that other courts rely on when deciding future cases w…
Ride Circuit
the historic practice in which judges rode from place to plac…
en banc
latin/ french for "in the bench" a session where all judges o…
37 terms
Media Law
Who can we request info from?
Sub Poena
Contempt of Court
Promissory Estoppel (List) - Breach of…
federal agencies (not private or congress)
court order for action (search warrant, testify, give deposit…
to violate (ignore) a sub poena (court order), can be fined a…
1. promise was made... 2. source relied on promise, only way the…
Who can we request info from?
federal agencies (not private or congress)
Sub Poena
court order for action (search warrant, testify, give deposit…
204 terms
media law
5 sources of law
Common law
Stare decisis
Invasion of privacy
Common law, equity law,statutory law, constitutional law, and…
Developed in England during 200 years after Norman conquest i…
Key phrase "let the decision stand"
Photographing a patient in hospital against will to publish
5 sources of law
Common law, equity law,statutory law, constitutional law, and…
Common law
Developed in England during 200 years after Norman conquest i…
96 terms
The Law & The Media
Action
Arson
Authority
Burglary
N. Việc kiện cáo... Lawsuit
N. Sự đốt nhà
N. Quyền lực... Power
N. Tội trộm
Action
N. Việc kiện cáo... Lawsuit
Arson
N. Sự đốt nhà
21 terms
MEDIA LAW
sources of law
federal court system
mandatory review
uphold or affirm
Constitutional... Statutory... Equity... Common... Administrative... Executi…
us supreme court... us court of appeals... us district court
The court must take appeals from three-judge district court p…
(v.) to defend or keep a principle or law, or to state that a…
sources of law
Constitutional... Statutory... Equity... Common... Administrative... Executi…
federal court system
us supreme court... us court of appeals... us district court
Media Law
Equal Justice
Due Process
Constitutionally
Stare Decisis
The principle is that no one — not even a king — is above the…
This is a concept of respect for individual rights while lega…
This requires that a law is in harmony with the applicable Co…
This is a legal principle that provides stability and predict…
Equal Justice
The principle is that no one — not even a king — is above the…
Due Process
This is a concept of respect for individual rights while lega…
52 terms
Media Law
Areopagitica
Why were the American Colonists into f…
Seditious Libel Laws
comtempt
John Milton ... - Need freedom to truth and falsehood to be able…
-Puritan ... -Had broken off of church. Believed in protest. ... -…
laws established in Britan that made criticism of the governm…
willful disobedience of the rules of a court of legislative b…
Areopagitica
John Milton ... - Need freedom to truth and falsehood to be able…
Why were the American Colonists into f…
-Puritan ... -Had broken off of church. Believed in protest. ... -…
22 terms
Media and the Law
First Amendment
Free Speech
Prior Restraint
Key Cases in First Amendment
Protects the right to religion, gather publicly, and free spe…
Free speech is heavily protected by the first amendment, but…
The power given to the government to suppress the publication…
- Zenger Trial- established that citizens have the right to c…
First Amendment
Protects the right to religion, gather publicly, and free spe…
Free Speech
Free speech is heavily protected by the first amendment, but…
9 terms
Media Law
Laws are enacted principles:
What does media law do?
What is censorship?
What are the primary conflicts, in ter…
- Constitutional guarantees... - "Common law" experience... - Philo…
Enacts principles that:... - Shape... - Constrain... - Protect the ins…
What can be published, where and how.
- Freedom of expression v. Privacy... - Freedom of expression v.…
Laws are enacted principles:
- Constitutional guarantees... - "Common law" experience... - Philo…
What does media law do?
Enacts principles that:... - Shape... - Constrain... - Protect the ins…
14 terms
Media Law Chapter 6
Trespass
3 ways to gain access to places withou…
Express consent
Implied consent
entering someone's property without their permission
1. Express consent... 2. Implied consent... 3. Custom and use
you ask permission are then given permission... -specific guidel…
parties who mutually agree to be at a location and don't prev…
Trespass
entering someone's property without their permission
3 ways to gain access to places withou…
1. Express consent... 2. Implied consent... 3. Custom and use
19 terms
Media Law
Warrant
Subpoenas
Court orders
Voir dire
Authorizes officer to search, seize, or make an arrest withou…
Documents compelling person to attend court for production of…
Similar to production orders, but apply mostly to civil cases
Hearing held to determine whether certain evidence will be pr…
Warrant
Authorizes officer to search, seize, or make an arrest withou…
Subpoenas
Documents compelling person to attend court for production of…
40 terms
Media Law
rule of law
vague laws
discretion
overbroad law
the framework of a society in which pre-established norms and…
laws that either fail to define their terms or use such gener…
the authority to determine the proper outcome
violates the principles of precision and specificity in legis…
rule of law
the framework of a society in which pre-established norms and…
vague laws
laws that either fail to define their terms or use such gener…
77 terms
Media Law
Common law
Stare decisis
Precedent
Invasion of privacy
Principles and rules of law that derive their authority not f…
"Let the decision stand." This concept is the operating princ…
An established rule of law set by a previous case. Courts sho…
A civil tort that emerged in the early 20th century and conta…
Common law
Principles and rules of law that derive their authority not f…
Stare decisis
"Let the decision stand." This concept is the operating princ…
32 terms
Chapter 10 Media Law
Continuance
Sequestrian
Gag Orders
Admonitions
postponement of a trial to a later time
isolation of jury from the public to avoid prejudice from pub…
A nonlegal term used to describe court orders that prohibit p…
when a judge instructs jurors warning them to avoid potential…
Continuance
postponement of a trial to a later time
Sequestrian
isolation of jury from the public to avoid prejudice from pub…
53 terms
Media Law
Schenck v. U.S.
Clear and Present Danger Test
Gitlow v. New York
Whitney v. California
-1919... -established the Clear and Present Danger Test ... -Schenc…
-limits free speech if the speech is interfering with a clear…
-1925... -Gitlow was published a communist paper and was convict…
-1927... -Whitney helped establish a communist party... -The Suprem…
Schenck v. U.S.
-1919... -established the Clear and Present Danger Test ... -Schenc…
Clear and Present Danger Test
-limits free speech if the speech is interfering with a clear…
100 terms
Media Law
Absolute privilege
Absolute theory
Actual damages
Actual Malice
An immunity from libel suits granted to government officials…
The proposition that the First Amendment is an absolute, and…
Damages awarded to a plaintiff in a lawsuit based on proof of…
A fault standard in libel law: knowledge before publication t…
Absolute privilege
An immunity from libel suits granted to government officials…
Absolute theory
The proposition that the First Amendment is an absolute, and…
21 terms
Media law
Common law
Equity law
Statutory law
Constitutional law
Discovered law
Warm and Fuzzy Law
Criminal law
Supreme law of the land
Common law
Discovered law
Equity law
Warm and Fuzzy Law
26 terms
Media Law
Commercial Speech
Defamation
False Advertising
Fighting words
Advertising and other forms of communication intended to prom…
Published or broadcast communication that harms a person's or…
Commercial messages that are untruthful
Communication intended by the speaker to frighten, intimidate…
Commercial Speech
Advertising and other forms of communication intended to prom…
Defamation
Published or broadcast communication that harms a person's or…
99 terms
media law
Abrams v US
Justice Oliver Wendell Holmes
Bad tendency doctrine
Schenk v US
-Defendants sentenced under Espionage Act/Sedition Act for…
-Delivered dissenting opinion in (Abrams v US)... -Delivered m…
-roots in English common law... -gov't can restrict speech that…
-majority opinion delivered by *Justice Oliver Wendell Holmes…
Abrams v US
-Defendants sentenced under Espionage Act/Sedition Act for…
Justice Oliver Wendell Holmes
-Delivered dissenting opinion in (Abrams v US)... -Delivered m…
37 terms
Media Law
First Amendment Hierarchy of Protected…
RAV v. City of St. Paul
Virginia v. Black
True Threat
Level One: Political and Social Expression... Level Two: Commerc…
ordinance prohibited cross-burning--burning cross=political a…
burning a cross with the intent to intimidate is a true threa…
Must be:... speaker intended statement to be a threat... statement,…
First Amendment Hierarchy of Protected…
Level One: Political and Social Expression... Level Two: Commerc…
RAV v. City of St. Paul
ordinance prohibited cross-burning--burning cross=political a…
11 terms
Media Law
Statutory Law
Constitutional Law
Administrative Law
Equity Law
written law formally enacted by city, country, state and fede…
the set of laws that establish the nature, functions and limi…
the orders, rules and regulations promulgated by executive br…
law created by judges to apply general principles of ethics a…
Statutory Law
written law formally enacted by city, country, state and fede…
Constitutional Law
the set of laws that establish the nature, functions and limi…
media law
chaplinsky v. new hampshire
shenck v. united states
Gitlow v. new york
smith act
-1942... -fighting word doctrine... -jehovahs witness handing out f…
-1919... -mailed 1,500 flyers urging men to dodge the draft... -he…
-1925... - handing out literature to advice people to become soc…
federal law passed in 1940 that made it a crime to advocate o…
chaplinsky v. new hampshire
-1942... -fighting word doctrine... -jehovahs witness handing out f…
shenck v. united states
-1919... -mailed 1,500 flyers urging men to dodge the draft... -he…
12 terms
Media law
Freedom of expression
Kinda of expression
Philosophic basis
Restrictions to free speech
Art3sec4 no law shall be passed abridging the freedom of spee…
Written... Oral... Print... Recorded... Symbolic
Market place of ideas ... Discovery of political truth... For self-…
Prior restraint... Subsequent punishment
Freedom of expression
Art3sec4 no law shall be passed abridging the freedom of spee…
Kinda of expression
Written... Oral... Print... Recorded... Symbolic
155 terms
Media Law
first amendment
original intent
ad hoc balancing
categorical balancing
congress shall make no law in resect to religion/speech/ pres…
perceived intent of framers
making decisions based on specific facts of case rather than…
judge's/courts practice of deciding cases by weighing broad c…
first amendment
congress shall make no law in resect to religion/speech/ pres…
original intent
perceived intent of framers
24 terms
media law
technical regulation
structural regulation
content regulation
first amendment
one of the 3 types of regulation
laws limiting how many stations can be owned
what can and cannot be shown? must follow under freedom of sp…
freedom of speech ... freedom of press ... right to assemble... right…
technical regulation
one of the 3 types of regulation
structural regulation
laws limiting how many stations can be owned
40 terms
Media Law
copyright
intellectual property
permissions
assignment
protects the ownership rights of creative works, including bo…
creative works
grant of rights for a second party to use copyright-protected…
transfer of ownership interest in a piece of intellectual pro…
copyright
protects the ownership rights of creative works, including bo…
intellectual property
creative works
74 terms
Media Law
• Explicitly guarantees the right to P…
1. U.S. Supreme Court- John Roberts is…
Leads to inconsistency in the law
• Only deals with civil cases... • 9 just…
The First Amendment
Federal Court System
Competing Interest Approach
Oklahoma Supreme Court
• Explicitly guarantees the right to P…
The First Amendment
1. U.S. Supreme Court- John Roberts is…
Federal Court System
35 terms
media law
due process
judicial measures to ensure fair trial
postponement of jury
change of venue
know the charges, know the laws that are in play
postponement of trial, change of venue, sequestration of jury…
right to a speedy trial, in this case, would be waived to tam…
moving the case to somewhere that is more removed from the lo…
due process
know the charges, know the laws that are in play
judicial measures to ensure fair trial
postponement of trial, change of venue, sequestration of jury…
51 terms
Media Law
Admonitions
Appropriation
Artistic Relevance Test
Bench-bar-press guidelines
judges instruction to jurors warning them to avoid prejudicia…
Using a person's name, picture, likeness voice or identity fo…
A test to determine whether the use of a celebrity's name , p…
cooperative agreements to guide reporting on the courts. Limi…
Admonitions
judges instruction to jurors warning them to avoid prejudicia…
Appropriation
Using a person's name, picture, likeness voice or identity fo…
27 terms
media law
Four areas of invasion of privacy for…
Publication of private facts that when…
Libel: must be defamatory ... Private fac…
Libel: publication to a third party ... P…
-Publication of private facts ... -False Light... -Intrusion... -Appro…
-would be highly offensive to a reasonable person... -not of leg…
Even for non-defamatory language. The false light could make…
Widespread publicity. ... Intrusion, publication is not required.
Four areas of invasion of privacy for…
-Publication of private facts ... -False Light... -Intrusion... -Appro…
Publication of private facts that when…
-would be highly offensive to a reasonable person... -not of leg…
18 terms
Media Law
Prior restraint of speech
B.O.P
Strict Scruitney
Tinker
1. is it speech?... 2. Was the restraint based on content?... If ye…
Burden of proof
the legislature must have passed the law to further a "compel…
students have the same right to public speech if it doesn't i…
Prior restraint of speech
1. is it speech?... 2. Was the restraint based on content?... If ye…
B.O.P
Burden of proof
17 terms
Media Law
Guidelines for time, place, and manner…
The publisher of the penny saver sued…
Public forums
designated public forums
rules must be content neutral, must constitute ban on communi…
the new laws was a violation of the first amendment. Georgia…
Public parks, street corners, plaza's
city owned auditoriums, fair grounds, meeting halls
Guidelines for time, place, and manner…
rules must be content neutral, must constitute ban on communi…
The publisher of the penny saver sued…
the new laws was a violation of the first amendment. Georgia…
34 terms
MEDIA LAW
Roberson V Rochester Box
Pasevich v New England Life
Georgia
Moser V New York World
Abagail Roberson, 10 yr old girl sued boxes and lost
Atlanta artist Paolo Pavesich sued. and WON 25,000
first state to recognize the right of privacy in common law
used Moser's pic after car accident. sues for appropriation b…
Roberson V Rochester Box
Abagail Roberson, 10 yr old girl sued boxes and lost
Pasevich v New England Life
Atlanta artist Paolo Pavesich sued. and WON 25,000
37 terms
Media Law
Trial of 1937
Near v Minnesota
14th Amendment
Barbara Wringer
Kidnapping of Charles Lindbergh's baby. Became a media circus…
Established that the government does not have the right to su…
Limits disclosure of personal information.
Developer of the Modern Copyright Law in the 70s to protect a…
Trial of 1937
Kidnapping of Charles Lindbergh's baby. Became a media circus…
Near v Minnesota
Established that the government does not have the right to su…
8 terms
Media Law
Two Sources of Law
Two Categories of Law
Criminal Law
Civil Law
1. Acts/Statutes/Legislation- Parliament 2. Common Law- The C…
Criminal and Civil
Crime/offence ... Against the state, for which offenders can be…
Tort = civil wrong. Against other people. ... Concerns rights &…
Two Sources of Law
1. Acts/Statutes/Legislation- Parliament 2. Common Law- The C…
Two Categories of Law
Criminal and Civil
61 terms
Media Law
What is Libel?
Anti-SLAPP statutes
Does Libel law apply to mass/private o…
Five elements of libel
Publication or broadcast of any statement that (1) injures so…
Defendant asks judge to dismiss complaint of libel immediatel…
Private
1. Libel was published... 2. Words were/of concerning the plaint…
What is Libel?
Publication or broadcast of any statement that (1) injures so…
Anti-SLAPP statutes
Defendant asks judge to dismiss complaint of libel immediatel…
11 terms
Media Law
Common Law
Executive Orders
Administrative Law
Trial Courts
- Common Experience ... - Precedent is NOT PERMANENT
- Orders by President, Governor, Mayor, Elective ... - Pertain o…
- Growing source or Privacy law in modern era... - Dispute betwe…
- Civil and Criminal jurisdiction... - Civil, Bench and Jury Tri…
Common Law
- Common Experience ... - Precedent is NOT PERMANENT
Executive Orders
- Orders by President, Governor, Mayor, Elective ... - Pertain o…
209 terms
Media Law
rule of law
vague laws
discretion
overbroad law
the framework of a society in which pre-established norms and…
laws that either fail to define their terms or use such gener…
the authority to determine the proper outcome
violates the principles of precision and specificity in legis…
rule of law
the framework of a society in which pre-established norms and…
vague laws
laws that either fail to define their terms or use such gener…
19 terms
Media law
copyright
copyright infringement
court-recognized privileges
defamation
The exclusive right to reproduce, adapt, distribute, display…
improper use of a copyrighted work; the theft of intellectual…
privileges recognized by the courts usually based on the firs…
Damage to someone's reputation brought about by libel or slan…
copyright
The exclusive right to reproduce, adapt, distribute, display…
copyright infringement
improper use of a copyrighted work; the theft of intellectual…
20 terms
media law
Libel
New York Times vs. Sullivan
Actual Malice
Elements of Libel
false defamatory attack in written form... Truth is defense
Landmark libel case... established Actual Malice
publishing something knowing it was false... Carelessly publishi…
-defamatory... -false... -identification... -damages... -fault... -published
Libel
false defamatory attack in written form... Truth is defense
New York Times vs. Sullivan
Landmark libel case... established Actual Malice
13 terms
Media Law
Barbary Pirates
Algeria
After WWII: Algerian Nationalism
Franz Fanon (1925-1961)
Barbary Coast: Algiers, Tunis, Tripoli... Named after tribes in…
Population: Immigrants from Europe (pied noirs) "Black feet"…
-National Liberation Front... -Effective Guerilla warfare... -Only…
-psychiatrist, philosopher... -effects of colonization... -The colo…
Barbary Pirates
Barbary Coast: Algiers, Tunis, Tripoli... Named after tribes in…
Algeria
Population: Immigrants from Europe (pied noirs) "Black feet"…
11 terms
Media Law
Libel
Criminal libel
Freedom from subsequent punishment
Libel
One of the limitations to free speech
Perceived as a redundant law that serves no purpose other tha…
Part of the free speech right
Remains to be a crime punishable under the Philippine jurisdi…
Libel
One of the limitations to free speech
Criminal libel
Perceived as a redundant law that serves no purpose other tha…
12 terms
Media law
What is the First Amendment(s)
Copywrite
Fair use
Defamation
Speech... Press... Religion... Petition... Assemble
Protects creator
May be used with specific boundaries
A false publication
What is the First Amendment(s)
Speech... Press... Religion... Petition... Assemble
Copywrite
Protects creator
1 of 10