Study sets matching "media law"

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Study sets matching "media law"

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
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…
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…
Media Law
sources of the law (7)
statutes
equity law
common law
Constitution... Statutes... Equity Law... Common Law... Administrative La…
comes from legislative process; rules and regulations from th…
• Comes from courts of equity... • No juries- judge decides the…
Use of precedent or doctrine of stare decisis... Stare decisis;…
sources of the law (7)
Constitution... Statutes... Equity Law... Common Law... Administrative La…
statutes
comes from legislative process; rules and regulations from th…
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…
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
Media Law
Stare Decisis
Administrative Law
Constitutional Law
Common Law
Let the decision stand; decisions are based on precedents fro…
the body of rules and regulations and orders and decisions cr…
law that involves the interpretation and application of the U…
a system of jurisprudence based on judicial precedents (past…
Stare Decisis
Let the decision stand; decisions are based on precedents fro…
Administrative Law
the body of rules and regulations and orders and decisions cr…
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…
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
media law test 2
5 things a plaintiff must prove to jus…
4 libel defenses utilized by the media
ollman test
test used for actual malice
1.Identification:prove they were identified in the piece... 2.Pu…
1. prove it true... 2. prove it was qualified privilege... 3. prove…
(fact or opinion)... 1. can the statement be proved T or F... 2. co…
1.is the publication -timely-... 2.are the sources -reliable-... 3.…
5 things a plaintiff must prove to jus…
1.Identification:prove they were identified in the piece... 2.Pu…
4 libel defenses utilized by the media
1. prove it true... 2. prove it was qualified privilege... 3. prove…
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…
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
36 terms
Media Law Chapter 1
Per Curiam Opinion
Rule of Law
There are two types of courts in the A…
The three branches of the federal gove…
An unsigned opinion by the court as a whole
It is the framework of a society in which pre-established nor…
Trier of facts. Their goal is to determine what happened.
The US Constitution
Per Curiam Opinion
An unsigned opinion by the court as a whole
Rule of Law
It is the framework of a society in which pre-established nor…
259 terms
Media Law Final
California argued that violent video g…
How has the video game industry respon…
When Justice Potter Stewart said that…
The Internet received full First Amend…
Because there is no proof that virtual violence leads to actu…
they have adopted a voluntary labeling system to alert purcha…
1. the inherent subjectivity of trying to determine what is l…
Justice John Paul Stevens
California argued that violent video g…
Because there is no proof that virtual violence leads to actu…
How has the video game industry respon…
they have adopted a voluntary labeling system to alert purcha…
82 terms
Media Law Exam 2
Defamation
Libel versus slander
Libel
slander
A statement of fact (as opposed to opinion) that is false and…
the law of defamation is state law, and some states still rec…
written defamation
oral defamation
Defamation
A statement of fact (as opposed to opinion) that is false and…
Libel versus slander
the law of defamation is state law, and some states still rec…
144 terms
Media Law Test 1
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…
Guarantees the rights of criminal defendants, including the r…
(1) All persons born in the U.S. are citizens; (2) no person…
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…
28 terms
Media and the Law
Government and regulation/ self-regula…
First Amendment
Free speech (and situations in which g…
Prior restraint
Laws and guidelines that influence the way media companies pr…
freedom of religion, freedom of speech, freedom of press, fre…
gov. punishes certain kinds of speech... ex: shouting fire in a…
The power of the government to prevent the publication or b…
Government and regulation/ self-regula…
Laws and guidelines that influence the way media companies pr…
First Amendment
freedom of religion, freedom of speech, freedom of press, fre…
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. ... -…
Media Law Final Exam
Experience of the founders and framers…
1st Amendment
Sources of the law
Rule of Law
No taxation without representation... British soldiers housed/fe…
Freedom of:... Speech... Religion... Press... Peaceably Assemble... Petition…
1. Constitutions... 2. Statutes... 3. Equity Law... 4. Common Law... 5. A…
The framework of a society in which pre-established norms and…
Experience of the founders and framers…
No taxation without representation... British soldiers housed/fe…
1st Amendment
Freedom of:... Speech... Religion... Press... Peaceably Assemble... Petition…
Media Law Final
What is the title of Chapter 13?
Copyright
Six exclusive rights of a Copyright ow…
eight categories of works eligible for…
Intellectual Property
- Protects creative works such as books, periodicals, manuscr…
1. Reproduce the copyrighted work in copies or phonorecords... 2…
1. Literary works... 2. Musical works... 3. Dramatic works... 4. Panto…
What is the title of Chapter 13?
Intellectual Property
Copyright
- Protects creative works such as books, periodicals, manuscr…
Media Law
John G. Roberts
Antonin Scalia
Anthony M. Kennedy
Clarence Thomas
John G. Roberts
Antonin Scalia
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…
Media Law Test 1
Common Law
Precedents
Equity Law
Statuatory Law
Based on previous court decisions... Judges look to precedents... A…
Earlier court rulings
Not bound by precedents found in common law... A judge settles d…
Laws made by elected governing bodies... Ex: legislature, city c…
Common Law
Based on previous court decisions... Judges look to precedents... A…
Precedents
Earlier court rulings
29 terms
Media Law Ch 11
Irvin v. Dowd
U.S. v. Burr
Seattle Times v. US District Court
Murphy v. Florida
-man was arrested in connection with 6 murders. Statements we…
Case determined the definition of an impartial juror:... -mind…
-intensive press coverage of criminal case might influence a…
-Man claimed extensive pre-trial publicity led to his convict…
Irvin v. Dowd
-man was arrested in connection with 6 murders. Statements we…
U.S. v. Burr
Case determined the definition of an impartial juror:... -mind…
101 terms
Media Law Test 1
The three branches of the federal gove…
The two most recent additions to the U…
There are two types of courts in the A…
What is a per curiam opinion?
The U.S. Constitution
Associate Justices Sonia Sotomayor and Elena Kagan
Trial courts are trier of facts. Their goal is to determine w…
a ruling issued by an appellate court of multiple judges in w…
The three branches of the federal gove…
The U.S. Constitution
The two most recent additions to the U…
Associate Justices Sonia Sotomayor and Elena Kagan
108 terms
Media Law Test 2
A person who does not necessarily thru…
Anonymous speech online is a legal iss…
How would most celebrities be classifi…
In a case involving America Online, th…
an involuntary public figure
anonymous speech has a long history of protection under free…
public figures
not considered publishers of online content and therefore not…
A person who does not necessarily thru…
an involuntary public figure
Anonymous speech online is a legal iss…
anonymous speech has a long history of protection under free…
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…
Media Law Final - Martinez
What are the five rights guaranteed by…
What are the 7 Sources of the law?
What are the 2 flag-burning cases?
Details on Texas v. Johnson
Press... Assembly... Speech... Religion... Petition the Government
1) Constiutions (basic law)... 2) Statutes (Legislative process)…
Texas v. Johnson and United States v. Eichman
-USSC (1989)... -Gregory Johnson burned a U.S. flag at the Repub…
What are the five rights guaranteed by…
Press... Assembly... Speech... Religion... Petition the Government
What are the 7 Sources of the law?
1) Constiutions (basic law)... 2) Statutes (Legislative process)…
92 terms
Media Law Final:Martinez
Founding of the U.S.
Articles of Confederation
U.S. Constitution
Bill of Rights
-13 colonies... -religious persecution... -no taxation without repr…
-failed because government was too weak... -AOC said government…
written to address the problems they had under the king... -3 br…
-limits the federal govt... -first 10 amendments of the constitu…
Founding of the U.S.
-13 colonies... -religious persecution... -no taxation without repr…
Articles of Confederation
-failed because government was too weak... -AOC said government…
137 terms
Media Law Exan 2
The plaintiffs case-3 categories
libel
slander
defamation
Libel , Slander, Defamation
written (published) defamation
spoken/verbal defamation
COMMUNICATION that harms someone/something's reputation
The plaintiffs case-3 categories
Libel , Slander, Defamation
libel
written (published) defamation
20 terms
Mass Media Law Final
McNeil v. Pfizer
FTC Deception Policy Statement
FTC Policy Statement Regarding Adverti…
Greater New Orleans Broadcasting Assoc…
Pfizer Inc. launched an advertising campaign for Listerine An…
This statement came in 1983 from John D. Dingell, chairman of…
This policy was established in 1984, shortly after the previo…
The Greater New Orleans Broadcasting Association, Inc., plann…
McNeil v. Pfizer
Pfizer Inc. launched an advertising campaign for Listerine An…
FTC Deception Policy Statement
This statement came in 1983 from John D. Dingell, chairman of…
Media Law Chapter 1
Per Curiam Opinion
Rule of Law
There are two types of courts in the A…
The three branches of the federal gove…
An unsigned opinion by the court as a whole
It is the framework of a society in which pre-established nor…
Trial courts are trier of facts. Their goal is to determine w…
The US Constitution
Per Curiam Opinion
An unsigned opinion by the court as a whole
Rule of Law
It is the framework of a society in which pre-established nor…
83 terms
Media Law Test 1
Judicial System
Jurisdiction
Federal question (Federal Court jurisd…
Diversity (Federal Court jurisdiction)
A concurrent system of state systems and the federal system
The legal right by which judges exercise their authority
a federal law at issue
a lawsuit between citizens of different states (an amount in…
Judicial System
A concurrent system of state systems and the federal system
Jurisdiction
The legal right by which judges exercise their authority
Media Law Test 3
Sheppard v. Maxwell
Conflicts between 1st and 6th amendments
Trial level remedies
Seven methods of dealing with pretrial…
Dr. Sam did NOT get a fair trial, "Media Circus" was term use…
The first amendment gives the press right to report on the Cr…
remedies that allow the court to lessen the impact of publici…
1. Reversal (new trial)... 2. Voir Dire... 3. Change of venue... 4. Ch…
Sheppard v. Maxwell
Dr. Sam did NOT get a fair trial, "Media Circus" was term use…
Conflicts between 1st and 6th amendments
The first amendment gives the press right to report on the Cr…
Media Law Test 2
Libel
Libel per se
Libel per quad
Civil libel
-Printed or written defamation... -the publication or broadcast…
The words in themselves are libelous... Ex. Murderer (if not fou…
Libel by implication--the words in themselves are not defamat…
Plaintiff wants money, if they win, they get money!... Most are…
Libel
-Printed or written defamation... -the publication or broadcast…
Libel per se
The words in themselves are libelous... Ex. Murderer (if not fou…
15 terms
Digital Media I_Copyright Law
Motion media
Music, lyrics & music video
Illustrations & Photographs
Text
10% or 3 minutes (whichever is less)
10% or 30 seconds (whichever is less)
5 images, 10%, or 15 images of a collective work (whichever i…
1000 words or 10% (whichever is less) OR you can use an entir…
Motion media
10% or 3 minutes (whichever is less)
Music, lyrics & music video
10% or 30 seconds (whichever is less)
34 terms
Media Law
federal and state
appellate courts
supreme court
trial, appellate, supreme courts
the two court systems used in the US
a court to which there is an automatic right of appeal
the highest level court to which an appeal is possible within…
both court systems have each of these
federal and state
the two court systems used in the US
appellate courts
a court to which there is an automatic right of appeal
Media Law
Schenck v United States
Gitlow v New York
Near v Minnesota
Abrams v United States
Clear and Present Danger test
Bad or Dangerous Tendency test, 1st amendment applies to states
Government could not punish speech in advance, federal laws a…
Clear and Present danger test used to determine outcome
Schenck v United States
Clear and Present Danger test
Gitlow v New York
Bad or Dangerous Tendency test, 1st amendment applies to states
Media Law
Aristotle's Golden Rule
Rule of Law
4 principles of the rule of law
9 Themes Protected Under the Rule of Law
People work in their best interest. But if that happens then…
the framework of a society where the norms are established an…
1. all individuals and private entities are accountable under…
1. constraints on government power... 2. absence of corruption... 3…
Aristotle's Golden Rule
People work in their best interest. But if that happens then…
Rule of Law
the framework of a society where the norms are established an…
49 terms
Media Law Test 3
California argued that violent video g…
How has the video game industry respon…
When Justice Potter Stewart said that…
The Internet received full First Amend…
Because there is no proof that virtual violence leads to actu…
they have adopted a voluntary labeling system to alert purcha…
1. the inherent subjectivity of trying to determine what is l…
Justice John Paul Stevens
California argued that violent video g…
Because there is no proof that virtual violence leads to actu…
How has the video game industry respon…
they have adopted a voluntary labeling system to alert purcha…
69 terms
Media Law Test 1
Supreme Court
Rule of 4 (granting certiorari)
District Court
Appellate Court
9 justices:Roberts, Kennedy, Thomas, Ginsburg, Breyer, Sotoma…
agreement to take case
Fact finding court-trial level
law reviewing court- "do over"
Supreme Court
9 justices:Roberts, Kennedy, Thomas, Ginsburg, Breyer, Sotoma…
Rule of 4 (granting certiorari)
agreement to take case
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…
5 terms
Media law
FCC
Political Advertising
Hicklin rule
Prurient interest
Authority to regulate over the air radio and television.
Equal opportunity... Can't turn down any federal candidate
A rule that defines material as obscene if it tends to corrup…
Lustful thoughts or sexual desires
FCC
Authority to regulate over the air radio and television.
Political Advertising
Equal opportunity... Can't turn down any federal candidate
40 terms
Media Law Ch. 3
categorical balancing
USA Patriot Act
chilling effect
clear and present danger
Defining categories of speech that are/aren't protected by th…
Designed to give law enforcement grater authority to combat t…
The discouragement of a constitutional right by a practice th…
Restrictions on 1st Amend rights may be necessary to prevent…
categorical balancing
Defining categories of speech that are/aren't protected by th…
USA Patriot Act
Designed to give law enforcement grater authority to combat t…
Media Law Exan 2
The plaintiffs case-3 categories
libel
slander
defamation
Libel , Slander, Defamation
written (published) defamation
spoken/verbal defamation
COMMUNICATION that harms someone/something's reputation
The plaintiffs case-3 categories
Libel , Slander, Defamation
libel
written (published) defamation
10 terms
Law, Media
U.S. v. Jefferies
Bland v. Roberts
Section 230 of CDA
Packet-Switching
guy posted threatening song about killing lawyers for his dau…
Facebook "likes" are protected speech under First Amendment…
Law that treated ISPs, and Internet hosts as distributors, no…
Novel technology that runs the Internet
U.S. v. Jefferies
guy posted threatening song about killing lawyers for his dau…
Bland v. Roberts
Facebook "likes" are protected speech under First Amendment…
78 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 langu…
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…
Media Law
Sunshine Laws
Shield Laws
Libel
Examples of Libel
meetings, records, votes are available to the public
state laws reporters can refuse to testify about sources
a published false statement that is damaging to a persons rep…
NY times v. Sullivan, Roe v. Wade, Marbury v. Madison
Sunshine Laws
meetings, records, votes are available to the public
Shield Laws
state laws reporters can refuse to testify about sources
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