Media Law and Ethics Final Exam

Definition of Law

System for the resolution of disputes.

Sources of Law

Statutory, common, executive orders, law of equity, administrative.

Statutory Law

Laws made by legislative bodies such as congress or states.

Common Law

Court rulings that set precedents for future cases.

Law of Equity

Addresses concerns not directly covered by laws and focuses on justice.

Administrative Law

Regulations made by government agencies.

Federal Court System

Trial court - court of appeals - SCOTUS.

First Amendment

Rights to speech, religion, press, assembly, and petition the government.

Fourth Amendment

Protection against unreasonable search and seizure, warrants are needed.

Fifth Amendment

Includes Miranda rights and protection against double jeopardy.

Sixth Amendment

Right to a fair and speedy trial.

Fourteenth Amendment

Includes due process and equal protection under the law.

Qualified Immunity

Protects police officers from being directly sued; must sue the department.

The Right to Lie

As set forth by US v. Alvarez.

Defamation

An injury to reputation.

Elements of Defamation

Publication, identification, falsity, fault, damages.

Actual Malice

Knowledge of falsity or reckless disregard for the truth.

Defenses to Defamation

Truth, privilege, opinion fair comment, consent, rely, statute of limitations, mitigation.

NYT v. Sullivan

Plaintiff must show media did not publish the truth; public officials must show actual malice.

Gertz v. Welch

Private individuals do not have to prove actual malice.

Damages of Defamation

General, special, presumed, nominal, punitive.

Defamation Per Se

Falsehoods about criminal activity, illness, sexual misconduct, etc.

Defamation Per Quod

Implied or backhanded statements.

Food Disparagement Laws

Defamation regarding food.

Defamation by Implication

Leaving out information leads to a lawsuit.

Defamation by Inflection

Tone of voice implying defamatory meaning.

Four Types of Invasion of Privacy

Misappropriation, intrusion, publication of private info, false light.

Section 2703(f) of the Stored Communications Act

Requires a warrant to access texts and emails stored for up to 6 months.

Section 512 of DMCA

Platforms not liable for copyrighted materials posted by users.

Section 230 of the Communications Decency Act

Platforms not liable for user-generated content, true or false.

Third-Party Doctrine

No expectation of privacy for shared public information.

Net Neutrality

Equal access to the internet for all.

Blogging

Bloggers are both providers and users; protected under Section 230.

Linking

Not copyright infringement if done responsibly.

Communications Decency Act of 1934

Established FCC to regulate broadcasts.

Spectrum Scarcity Doctrine

Limited broadcast frequencies justify government regulation.

PICON

Public interest, convenience, and necessity in broadcasting.

FCC and Censorship

FCC cannot censor, but can fine for rule violations.

Regulation of Programming

Laws on children's programming and adult content.

Section 312(a)(7) of the Communications Act of 1934

Broadcasters must allow equal access or face license revocation.

Section 315 of the Communications Act of 1934

Political candidates must have equal broadcasting opportunities.

Fairness Doctrine

Controversial topics must be presented from both sides; rescinded in 2014.

Political Advertising

Not pre-approved or fact-checked before being broadcasted.

17 U.S. Code 501

Describes criminal offenses associated with copyright violations.

Fair Use Privilege

Evaluates purpose, character, amount used, and market threat.

Transformative Doctrine

Transforming copyrighted material may be considered fair use.

Idea-Expression Dichotomy

An idea itself is not copyrightable.

Parodies

Generally covered by the transformative doctrine.

Copyright Notice

Informs the public of copyright ownership, not required under federal law.

Copyright Registration

Not mandatory but provides legal advantages.

Publication Rights

No reproduction without publisher's permission.

Creative Commons License

Allows sharing while retaining copyright privileges.

Inducement Infringement

Encouraging infringement, like distributing a tool designed for this purpose.

Server Test

Determines if HTML links directly to an image on the origin computer.

Embedding on YouTube and Instagram

Allowed if enabled, not allowed if disabled legally.

Secondary Infringement

Liability for viewing or engaging with infringing content.

Pell v. Procunier (1974)

Constitution does not guarantee public access to government records.

Limited and Qualified Federal Privilege

Press has qualified right to access legislative and court proceedings.

Freedom of Information Act

Citizen's right to inspect records of federal agencies.

Freedom of Information Act Exceptions

Excludes military, intelligence, or trade secrets.

Sunshine Laws

Agency meetings must be open to the public.

Journalist

Someone who writes for news organizations or blogs.

Bloggers

Considered journalists if reporting on public interest topics.

Shield Laws

State laws protecting journalists from revealing sources.

Clery Act

Requires universities to report crimes publicly.

Promissory Estoppel

Legal liability from someone's reasonable reliance on a promise.

Fraud

Deliberate deception for unlawful gain.

Misrepresentation

False statement that can void a contract.

Coercion

Force used to compel someone.

Intrusion

Unreasonable invasion of privacy.

Subpoenas

Legal documents requiring testimony or essential documents.

Grounds for Closing Courtrooms

Must serve a compelling interest to protect fair trials or sensitive info.

Cameras in Federal Court

Generally not allowed.

Cameras in State Court

Allowed, varies by the trial judge.

Computers in the Courtroom

Prohibited in federal courts; local courts vary.

Tweets From Court

Completely prohibited during criminal proceedings.

Gag Orders

Prohibits press from releasing information that could prejudice a jury.

Roth-Morris Test

First obscenity test established in 1957.

Miller Test

Current judicial test for obscenity cases.

Nitke v. Gonzalez

Challenged CDA under void for vagueness; upheld allowing community standards.

Obscenity

Material considered offensive by community standards.

Indecency

Material inappropriate for certain audiences but not obscene.

Zoning

Communities can't restrict adult entertainment; must provide substantial evidence.

Revenge and Deep Fake Porn

Sharing intimate images as revenge, outlawed in 41 states.

Profanity

Not banned but regulated by the FCC.

Espionage Act of 1917

Prohibited certain information related to national security.

Clear and Present Danger Test

Bans language inciting fear or violence, e.g.,

Near v Minnesota

Government cannot block publications of information before they are printed/published

Prior Restraint

government action that prohibits speech or other expression before the speech happens

Pentagon Papers

Nixon administration blocked NYT and Washington Post from publishing information about US Activity in Vietnam. SCOTUS ruled prior restraint was unconstitutional

Progressive Case

Instance where prior restraint was allowed, as an article about how to make an atomic bomb was going to be published.

Flipping the Bird

Varies by court, but you can flip the bird at a cop who pulls you over

Tinker v Des Moines

Wristbands protesting Vietnam War. SCOTUS sided with students

Bethel School District v Fraser

Student delivered sexual speech at assembly. SCOTUS sided with with school district

Hazelwood v Kuhlmeier

Students planned to publish an article about divorce and teenage pregnancy, using examples from students at the school. Court sided with school.

Morse v Fredrick

“BONG HITS 4 JESUS” SCOTUS sided with school

Mahanoy Area Schools v B.L.

Student on Snapchat posted innapropriate message

Kincaid v Gibson

Censorship of college yearbook. Court found that school violated First Amendment rights of the students

Hosty v Carter

Governors State university published about their adviser’s dismissal. Court sided with the university

Commercial Speech Doctrine

Truthful anonymous advertising about lawful goods and services recieves an intermediate level of protection under First Amendment

False or misleading advertising recieves NO First Amendment Protection