Media Law & Ethics Final Review

Section 2703(f) of the Stored Communications Act

Allows police to force email providers to copy and keep a person's emails for up to half a year without a warrant or reasonable suspicion.

Section 512(c) of the Digital Millennium Copyright Act

Platforms are not liable for (illegally) copyrighted material posted by users

Section 230 of the Communications Decency Act

Platforms are not liable for information posted by users, regardless if it's true or false

Platforms do not have to remain neutral

Third Party Doctrine

Anything posted (or can be seen by someone else) does not get any expectation of privacy

Net Neutrality

Internet service providers must treat all internet data equally, without blocking, throttling, or giving preferential treatment to any content, website, or service.

Blogging

Bloggers are both providers and users

As providers, they are granted the same protections under Section 230

Obsidian Finance Group v. Cox

bloggers are entitled to the same First Amendment protections as traditional journalists when publishing statements on matters of public interest, even in defamation cases

Communications Act of 1934

created the FCC

Spectrum Scarcity Doctrine

supports government regulation of traditional broadcasters because the broadcast spectrum is limited

PICON

Public Interest Convenience or Necessity

Section 312 of the Communications Act of 1934

Must provide "reasonable access" to candidates in federal elections

No such obligation for state & local offices

Violation could result in loss of license

Section 315 of the Communications Act of 1934

requires broadcast stations and cable systems to make equal opportunities available to legally qualified candidates for the same political office

Fairness Doctrine

FCC rule (no longer in effect) that required broadcasters to air a variety of viewpoints on their programs

Definition of Law

Law is the system for the resolution of dispute

Sources of Law

Common, Administrative, Statue, Executive Orders, Law of Equity

Common Law

A legal system based on custom and court rulings

Administrative Law

The body of law created by administrative agencies in order to carry out their duties and responsibilities.

Statuatory laws

laws passed by a state or the federal legislature

Executive Orders

Formal orders issued by the president to direct action by the federal bureaucracy.

Law of Equity

A system of deciding cases in which judges use their wisdom and experience to determine the fairest course of action for not only the parties involved but also society as a whole.

First Amendment

5 freedoms: speech, press, religion, assembly, petition

Fourth Amendment

Protects against unreasonable searches and seizures.

Fifth Amendment

Miranda Rights & Double Jeopardy

Sixth Amendment

Right to a speedy and public trial

Fourteenth Amendment

due process and equal protection

Due Process

(law) the administration of justice according to established rules and principles

Equal Protection

the equal application of the law regardless of a person's race, religion, political beliefs, or other qualities

void for vagueness

the principle that laws not using clear and specific language to define prohibited behaviors cannot be upheld

Qualified Immunity

the protection of officers against being sued for their actions under certain circumstances

US v. Alvarez

Right to Lie protected

Elements of Defamation

Publication

Identification

Falsity

Faut

Damages

NYT v. Sullivan

Public official suing for defamation has to establish actual malice not simple malice

Gertz v. Welch

Private person engaged in public controversy need not prove actual malice to recover for defamation.

Damages for Defamation

compensation for disgrace, dishonor, humiliation, injury to reputation, and emotional distress

Defamation per se

Lies about criminal activity, illness, sexual misconduct, etc

Defamation per quod

implied, backhanded statement

defamation by implication

Journalists leave info out of story and are sued

Defamation by Inflection

tone of voice implies wrongdoing

Defenses for Defamation

Truth, Privilege, Opinion or Fair comment, consent, rely, statute of limitations, mitigations

Invasion of Privacy

Misappropriation of NIL for commercial purposes (celebrity doesn't actually endorse you)

Intrusion upon a person's solitude (taking pictures over a fence)

Publication of Private information about an individual (sex life)

Publishing material that puts individual in a false light (someone walked by a protest and people thought they were protesting)