Media Law Final Exam

There are nine categories of exemption concerning FOIA requests.

• national security matters

• housekeeping materials

• material exempted by statute

• trade secrets

• working papers/lawyer-client privileged materials

• personal privacy files

• law enforcement records

• financial institution materials

• geological data

Example of National Security Matter

Dealing with matters relating to national security and national defense, intelligence gathering, and foreign relations.

Example of material exempted by statute

matters specifically exempted from disclosure by statute, if that statute requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue on the issue or establishes particular criteria for withholding or refers to particular types of matters to be withheld

Example of personal privacy files

personal and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of privacy.

Example of law enforcement records

records or information complied for law enforcement purposes, but only to the extent that the production of such law enforcement records or information…

• could reasonably be expected to interfere with enforcement proceedings

• would deprive a person of a right to a fair trial or an impartial adjudication

• could reasonably be expected to constitute an unwarranted invasion of personal privacy

• could reasonably be expected to disclose the identity of a confidential source

• would disclose techniques and procedures for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law

• could reasonably be expected to endanger the life or physical safety of an individual.

Four areas of privacy law

• appropriation of one’s name or likeness for trade purposes

• intrusion upon an individual’s solitude or seclusion

• public disclosure of private facts about an individual

• publishing material that puts an individual in a false light

What kind of private information, if published, meets the standard for invasion of privacy?

• it would be highly offensive to a reasonable person

• it is not a matter of legitimate public concern

what do judges consider when ruling something a legitimate public concern

• the social value of the material

• the depth of the fact in regard to a person’s private life

• if the plaintiff has become a public figure (even limited public figure) in some way related to the material

If the content is deemed to a legitimate public concern, what happens?

it doesn’t matter how embarrassing or offensive it is - it will not be an invasion of privacy

What are shield laws, and how to they help journalists?

refers to state statues that make communications between news reporters and informants confidential and privileged, freeing journalists of the obligation to testify about them in court.

• the goal is to let journalists gather news without being ordered to reveal sources and notes of conversation.

the current definition of legal obscenity

1. whether the average person applying contemporary community standards would find the work, as taken as a whole, appeals to the prurient interests

2. whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law

3. Whether the work, taken as a whole, lacks serious artistic, political, or scientific value.

The Ulysses Decision (1930s)

The judge decided that the book “Ulysses” should be looked at in its entirety, not for a few choice passages, and was therefore dubbed art, not obscenity.

Roth v. United States (1957)

• While accepting that obscene speech has no constitutional protection, the Supreme Court took a step further and insisted that all anti-obscenity laws contain specific safeguards to limit their application solely (they narrowed it down)

  • The most influential standard for judging what is and is not obscene

  • The case that would have courts abandon the Hicklin rule completely when considering obscenity

  • established a three prong test for obscene material

Miller v. California (1973)

1. whether the average person applying contemporary community standards would find the work, as taken as a whole, appeals to the prurient interests

2. whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law

3. Whether the work, taken as a whole, lacks serious artistic, political, or scientific value.

   • builds on the Roth standard and replaces it

   • still the three-part test, but with additional language that adds to the legal clarification

How is legally obscene content different from indecent content and profane language as defined by the FCC?

• obscene content has never had first amendment protection

• indecent content: material that, in context, depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards for the broadcast medium

• Profane language: language that is grossly offensive to members of the public who actually hear It as to amount to a nuisance

main function of trademark

to clearly identify the source or origin of a product and service with a specific company and, in doing so, to prevent consumer confusion about whose goods and services one is buying.

What are some scenarios in which a person can lawfully use trademarked images that are not their own?

• in parody

• in criticism or commentary

• in all forms of news reporting and news commentary

The spectrum of distinctiveness in trademarks

The more distinct a mark is, the easier it is to identify a product or service with a specific company and prevent confusion.

1. fanciful (Xerox, Lexus)

2. arbitrary (Apple, Carmel, Pledge)

3. suggestive (Chicken of the Sea, Coppertone)

4. descriptive (Holiday Inn, Clean Shower)

The four areas the courts use when deciding if fair use applies in copyright law

1. the purpose and character of the use

2. the nature of the copyrighted work

3. the amount of substantiality of the portion used in relation to the work as a whole

4. the effect of the use on the potential market for or value of the copyrighted work

What does copyright mean for the creator/author/copyright holder v. what does it mean for those who do not hold the copyright?

For the author: gives the author the right to reproduce, prepare and create derivatives of, publicly perform, publicly display and public perform a digital sound recording of the work.

For those who are not the owner: causes a need to receive the consent of the copyright owner to be obtained before the work may be used, those who distribute copyrighted material without permission can be sued, and any work “fixed in a tangible medium” is eligible for copy right protection

four types of advertising regulation

1. self regulation

2. lawsuits by competitors and consumers

3. state and local laws

4. federal regulations

advertising regulation: self regulation

rules and ethical guidelines that the industry imposes on itself

advertising regulation: Lawsuits by competitors and consumers

• Advertisers cannot make false statements about their own products, nor their competitors’ products. Those who do, often find themselves in court

• lawsuits from consumers against advertisers concerning false advertising are more difficult to prove, but still happen. Under the Lanham Act, the consumer has to prove “economic or reputational injury” from the false advertising

advertising regulation: state and local laws

• Since state law precedes federal law on the regulation of
  advertising, many state and local laws still exist and are used
  today

• Some of these statutes are viewed as mini or “little FTC”
  regulations, in that they offer consumers remedies in false
  advertising cases—you can think of this as “consumer protection”
  from false or deceptive advertising claims

advertising regulation: federal

• Federal Trade Commission

  • The only federal agency with the jurisdiction to protect consumers and maintain competition in broad sectors of the economy

• food and drug administration

  • responsible for protecting the public health by ensuring the safety, efficacy, and security of human and veterinary drugs, biological products, and medical devices; and by ensuring the safety of our nation's food supply, cosmetics, and products that emit radiation.

FTC’s 3 part definition of false or deceptive advertising

1. there must be a representation, omission, or practice that is likely to mislead the consumer

2. the act or practice must be considered from the perspective of a consumer who is acting reasonably

3. the representation, omission, or practice must be material, meaning the misrepresentation is likely to affect the consumers choice

the general concept of net neutrality

The principle that all traffic on the internet should be treated equally, and that
communication companies can't favor their own content over a competitor's

The most recent (2024 and 2025) decisions that led to the current state of net neutrality

In 2024, the FCC tried to bring back net neutrality rules. But the Supreme Court changed how much power government agencies have. Then in early 2025, a court said the FCC wasn’t allowed to make those rules without permission from Congress. So now, there are no net neutrality rules from the federal government—only some states have their own.

First amendment concerning print and the internet

• The most protected

• The government cannot censor information before it is published

• Print reaches people who choose to read it, and it doesn’t use public resources like airwaves.

The first amendment concerning broadcasts

• least protected

• The FCC can restrict indecent and profane content between 6 a.m. and 10 p.m.

• Reason: Broadcast uses public airwaves, which are limited in number and easily accessible to children.

First amendment concerning Cable & Satellite TV/Radio

• More protected than broadcast, but not as much as print.

• FCC can’t regulate indecency on cable/satellite like it does with broadcast.

• Reason: People pay for these services and choose to subscribe, so it’s considered less intrusive.

Elements that led to broadcasting being regulated by the government, consider:

• Spectrum scarcity

• World War I and World War II in relation to radio technology

• The Radio Act of 1927 and the idea of the medium being a “public interest”

The Sunshine Act

a U.S. law passed in 1976 that requires certain government meetings to be open to the public.

Children’s Online Privacy Protection Act (COPPA)

A U.S. law passed in 1998 to protect the privacy of children under the age of 13 when they use websites, apps, or online services.

Applies to Websites or online services directed at children and that collect personal information about them.

The Communications Decency Act (1996)

the first major U.S. law aimed at regulating online content—especially to protect minors from harmful material on the internet.

made it a crime to transmit indecent material or allow indecent material to be transmitted over public computer networks to which minors have access.

The Radio Act of 1927

a U.S. law created to bring order to the rapidly growing world of radio broadcasting. It was the first major law to treat broadcasting as a public service.

The Communications Act of 1934

a U.S. law that created the Federal Communications Commission (FCC) and set up a national system to regulate all forms of communication—like radio, telephone, and eventually TV, cable, and the internet.

COPA (Child Online Protection Act)

goal was to protect kids under 17 from harmful material on the commercial parts of the internet, like pornography.

It failed because

1. Free Speech Problems

   • Courts said it violated the First Amendment.

   • It was too broad and would also restrict access for adults to legal content.

2. Age Verification Was Unreasonable

   • Requiring credit cards or IDs online raised privacy and security concerns.

   • It could discourage people from accessing lawful websites.

3. Less Restrictive Alternatives Existed

   • Filters and parental controls were seen as better, less invasive options.

CIPA (Children’s Internet Protection Act)

Required public libraries to instal anti-pornography filters on all computers that provided access to the internet in order to continue to receive federal funding

It was more sucessful than COPA, but there was the issue of the filters “overblocking”, meaning they screened out important information on topics such as safe sex, rape, breast cancer, and STDs.

What does it mean to say our “liberty” is tied to our free speech? The 14th Amendment will help you here.

It means that freedom of speech is essential to being a free person in a democratic society.
Without it, we can’t:

• Express opinions

• Challenge unfair laws

• Share ideas

• Hold the government accountable