Media law final

Why do judges worry about prejudicial publicity?

It can bias jurors and threaten a defendant’s right to a fair trial.

What are ways judges control prejudicial publicity?

Gag orders, change of venue, jury sequestration, continuances, careful jury selection.

Pros of cameras in courtrooms?

Transparency, public education, judicial accountability.

Cons of cameras in courtrooms?

Witness intimidation, sensationalism, influencing trial behavior.

Why don’t reporters want to testify?

To protect confidential sources and maintain independence.

What are shield laws?

State laws that protect journalists from revealing sources.

What does the First Amendment protect regarding the press?

Freedom to publish news without censorship.

What does the Sixth Amendment protect?

Right to a fair and speedy trial.

Main takeaway from Nebraska Press Ass’n v. Stuart?

Gag orders on the press are rarely constitutional.

Main takeaway from Chandler v. Florida?

Cameras allowed if they don't threaten fair trials.

What was the ruling in Branzburg v. Hayes?

No absolute First Amendment privilege for reporters to avoid testifying.

What law protects journalists from newsroom searches?

Privacy Protection Act.

Justice Stewart’s Three-Part Test?

1. Relevant info, 2. Cannot be obtained elsewhere, 3. Compelling interest.

privacy protection act (1980)

protecting journalists and newsrooms from government searches for their work product and documentary materials, even in criminal investigations.

What types of immoral speech have been regulated?

Blasphemy, Darwinism, immoral advocacy, obscenity.

What case protected movies criticizing religion?

Burstyn v. Wilson.

What case protected advocacy of immoral ideas?

Kingsley v. Regents.

What case protected teaching evolution?

A: Epperson v. Arkansas

Why is obscenity not protected?

It has no essential social value.

What case first ruled obscenity unprotected?

Roth v. United States

What test defines obscenity today?

A: Miller Test from Miller v. California. The test assesses whether the material appeals to a prurient interest, depicts patently offensive sexual conduct, and lacks serious literary, artistic, political, or scientific value. 

Three parts of the Miller Test?

1. Prurient interest, 2. Patently offensive, 3. Lacks serious value.

How does the FCC regulate broadcast obscenity?

Total ban on obscene material; limits on indecent material during daytime.

What happened to the Communications Decency Act?

Struck down as unconstitutional.

What agency regulates deceptive ads?

Federal Trade Commission (FTC).

What is deceptive advertising?

Misleading material that affects consumer decisions.

What is puffery?

Exaggerated claims not meant to be taken literally.

What case first denied First Amendment protection to ads?

Valentine v. Chrestensen.

What case protected advertising lawful services?

Bigelow v. Virginia.

What is the three-part test for regulating commercial speech?

1. Substantial interest, 2. Advances interest, 3. Not overly broad.

What is prior restraint?

Government censorship before publication.

Prior restraint vs. post facto punishment?

Prior restraint = censorship beforehand; Post facto = punishment after.

What case made prior restraints presumptively unconstitutional?

Near v. Minnesota.

What was the Pentagon Papers case?

NY Times v. U.S. — government couldn't block publication.

When is prior restraint allowed?

Rarely — for serious national security, violence, or obscenity threats.

What are fighting words?

Words that provoke immediate violence.

Why aren't fighting words protected?

They don't contribute to public debate or ideas.

What case defined fighting words?

Chaplinsky v. New Hampshire.

What case protected offensive but nonviolent speech?

Cohen v. California ("F*** the Draft" jacket).

Can hate speech be punished?

Only if it crosses into true threats or fighting words.

What does copyright protect?

Original creative works like books, music, software.

What are the penalties for copyright violation?

Civil lawsuits and criminal charges.

What is fair use?

Limited use of copyrighted material without permission.

Four factors of fair use?

Purpose, nature, amount used, effect on market.

What case limited fair use for unpublished material?

Harper & Row v. Nation.

What case confirmed parody as fair use?

Campbell v. Acuff-Rose.

Can the government restrict journalist access?

Yes — to military bases, crime scenes, classified info.

What law gives access to government records?

Freedom of Information Act (FOIA).

Three FOIA exceptions?

National security, law enforcement, personal privacy.

Are newspapers required to give access to all viewpoints?

no

Are broadcasters regulated more than newspapers?

Yes, because airwaves are limited.

What is the Equal Opportunity Rule?

Political candidates must be given equal broadcast time.