Ch14: Media Law

Alien and Sedition Acts

punished anyone who published false, scandalous, or malicious writings against US gov/Congress/president w/ fines, jail time, or deportation

Libel

any published statement that unjustifiably exposed someone to ridicule/contempt

Privilege

the idea that statements made in gov meetings, in court, or in gov docs cannot be used as base of libel suit

Actual malice

to display a reckless disregard for the truth or falsity of a published account

Intrusion

physical trespass into a space surrounding a person’s body or onto property under their control

Embarrassment

journalist publishes something that is true but embarrassing and not newsworthy about a person

False light

journalist publishes untrue statements that alter an individual’s public image in a way they cannot control

Misappropriation

using a person’s name/image for commercial purposes without their permission

Prior Restraint

a judicial order that stops a media organization from publishing a story/image

Shield laws

protect journalists from having to testify in court (and divulge sources) under certain circumstances

Obscenity

describes sexually explicit material that is legally prohibited from being published

Equal time provision

required broadcast stations to make equivalent amount of time available to all election candidates

Fairness doctrine

1987; stations required to cover controversial issues of public interest and present contrasting views

Net Neutrality

internet service providers will not favor one application/platform over another

USA Patriot Act

2001; domestic surveillance and widened definition of terrorism; easier for FBI to spy on Americans

Elements of libel case (6)

Defamation, identification, publication, falsity, harm, fault

Absolute privilege

officials can speak publicly in their roles

Qualified privilege

reporters can quote sources

Hyperbole

a statement so overblown, it shouldn’t be expected to be believed

Puffery

tout value of product without relying on facts

Zenger case established…

truth as defense against libel

New York Times Co. v. Sullivan (1964)

ad in NYT against police department; established actual malice

Gertz v. Robert Welch Inc. (1974)

private individuals deserve more protection because they have not voluntarily submitted themselves for public attention and are less able to defend themselves

Near v. Minnesota (1931)

established limitations of prior restraint; gov can only suppress publishing of military info during time of war ,incitement to overthrow gov, obscenity

Hazelwood v. Kuhlmeier (1988)

school newspapers only have minimal protection under 1st Amendment

1934 Communications Act

converted Federal Radio Commission into Federal Communications Commission (FCC)

Telecommunications Act of 1996

no/less restrictions of how many stations one company can own