Media Law Study Guides Exam 4 (Units 10-12)

These flashcards cover key concepts and cases related to media law as discussed in the lecture notes, aiding in exam preparation.

Freedom of Information Act (FOIA)

provides a statutory (passed by Congress) right of access to records possessed by federal government agencies

Public record

Documents, including paper or electronic formats, such as memos, letters, emails, databases, and audiovisual materials.

Common exemptions to FOIA

National security (mostly about gas lines and bridges) (in OK, it’s everything to do with toll roads), working papers (drafts are private), personal privacy (includes DOB, SS#, etc.) and ongoing law enforcement records.

Oklahoma Open Records Act

One of the last states to enact a law, and one of the worst at fulfilling requests (According to the National Freedom of Information Coalition)

Lots and lots of exemptions

Government in Sunshine Act

Requires government meetings to be open to the public with at least one week's notice.

Oklahoma Open Meetings Act

Mandates publicly funded bodies to meet in public and to release meeting information in a timely manner. Does not include a citizen’s right to participate.

On the record

Information that can be published and attributed to the source.

Off the record

Information that cannot be used or published, usually communicated to guide reporters to usable information.

On background

You can’t use their name, but you can use an attribute or title that gives them credibility (Someone in the mayor’s office).

Deep background

Information from a source that cannot be attributed at all and does not include identifying details. Hurts credibility.

Promissory Estoppel

A legal principle that protects someone suffering a detriment due to the breaking of a promise.

Cohen v. Cowles Media

You can’t out someone just because you don’t like the info they gave.

Branzburg v. Hayes (1972)

The First Amendment doesn’t protect journalists from being forced to reveal sources

Shield Laws

Laws that provide varying levels of protection for journalists' sources and info confidentiality.

What is included in a Shield law?

Who is a reporter? What info is protected? When does it not apply?

Price v. Time, Inc.

A case in which a basketball coach sought the identity of unnamed sources who reported negatively about him. The magazine wasn’t given shield protection but settled the case because protecting sources was important to them.

What state does not have a shield law and refuses Branzburg v. Hayes?

Wyomming

PICON

Public interest, convenience or necessity (also diversity and locality)

When should you agree to confidentiality?

As a last resort to get big info

The American philosophy relating to the rights and responsibilities of broadcast media

The airwaves are owned by the people and programs have to use their bandwidth for public interest

1912 Radio Act

Radio stations require licenses

1927 radio act

Established federal regulation with the FRC and required programming to serve public interest

1934 Federal Communications Act

Legislation that established the FCC to regulate phone, telegraph, and radio communications under one body.

1996 telecommunications act

Got rid of a lot of gov regulation to promote competition and merger media conglomerates formed

Equal time

If they allow one candidate to use facilities, they must afford an equal opportunity for all candidates running for the same office for a similar cost.

What did SNL do?

Since Trump got a spot, other candidates could request the 13 minutes Trump got for a weekend night spot for the same price (free!)

Obscenity

a narrow class of patently offensive, valueless material (lacking in literary, artistic or scientific value) not protected by the first amendment

Indecency

explicit material that is protected under the first amendment, but can still be regulated on broadcast airwaves by the FCC.

Miller test

A standard used to determine if material is obscene based on community standards and its prurient interest appeal.

Comstock Act

Illegal to distribute obscene material through the mail (the guy was a prude, so definition was very large) (also included blasphemy toward the religion. This part doesn’t exist anymore). Made the post office the authority in determining obscene material