Media and society law

Law vs Ethics

Law = rules enforced by government; Ethics = moral guidelines of right and wrong

First Amendment

Protects freedom of speech and press

Sedition Act

Law that made criticizing the government illegal

Clear and Present Danger Test

Speech not protected if it creates immediate danger

Schenck v. United States

Established clear and present danger test

FTC

Agency that protects consumers and prevents unfair business practices

FCC

Agency that regulates communication (TV, radio, phone)

FCC v. Pacifica Foundation

Allowed regulation of indecent broadcast content

Media Ethics

Guidelines for fair, objective, and responsible reporting

Libel and Slander

False statements that harm reputation

New York Times v. Sullivan

Public officials must prove actual malice in libel cases

Actual Malice

Knowing falsehood or reckless disregard for truth

Prior Restraint

Government censorship before publication

Near v. Minnesota

Limited prior restraint to extreme cases

Miller Test

Determines if content is obscene using 3 criteria

Equal Time Rule

Requires equal broadcast time for political candidates

Fairness Doctrine

Required balanced coverage of issues (ended in 1980s)

Privacy Act of 1974

Protects how personal data is used

Cookies

Track user behavior online

USA PATRIOT Act

Expanded government surveillance powers

Copyright

Legal protection for creators’ work

Copyright Infringement

Using work without permission

Fair Use

Limited use of copyrighted material for education, news, etc.

Section 230

Protects online platforms from liability for user content

Communications Decency Act

Law regulating online content (Section 230 remains)

Deepfakes

AI-generated fake images or videos

Take It Down Act

Makes sharing non-consensual intimate images illegal

Media Responsibility

Everyone online must be truthful and respect copyright