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Free Press Clause
Congress shall make no law abridging freedom of speech or press.
Categories of press restrictions
Federal restrictions, prior restraint, libel, privacy, right of access.
John Peter Zenger Case
Jury established truth as a defense against libel.
Alien and Sedition Acts (1798)
Made 'false, scandalous, malicious writing' against govt illegal.
Espionage Act (1918)
Made it illegal to help the enemy through speech or writing.
Smith Act (1940)
Restricted free speech; reporters had to submit stories for censorship.
HUAC
House Un-American Activities Committee; aggressive anti-Communist investigations.
Prior restraint
Government censorship before publication.
Near v. Minnesota (1931)
Prior restraint allowed only for war/military info or obscenity.
Pentagon Papers Case
Supreme Court ruled public's need to know outweighed govt secrecy.
Progressive Case
Gov tried to block publication about nuclear weapons; case became moot.
Pool reporting
Reporters work in small supervised groups for war coverage.
Embedded reporters
Reporters travel with military units but face restrictions.
Wikileaks
Whistleblowing group releasing classified documents.
PATRIOT Act (2001)
Gave govt broad powers to track, detain, and investigate threats.
Censorship
Suppressing material considered objectionable.
Roth Test
Determines obscenity based on community standards and prurient interest.
LAPS Test
Evaluates literary, artistic, political, or scientific value of work.
Libel
False statement damaging reputation.
NYT v. Sullivan
Public officials must prove 'actual malice' for libel.
Opinion and Libel
Opinion cannot be libelous.
SLAPP lawsuit
Used to intimidate critics with expensive legal action.
Intrusion
Invading someone's physical or mental solitude.
Embarrassment
Publishing true but non-newsworthy private facts.
False light
Misleading implication about a person.
Misappropriation
Using someone's name/image commercially without consent.
Right of publicity
Protects commercial use of a person's identity.
Sheppard v. Maxwell
Case led to restrictions on press in courtrooms.
Shield laws
Protect journalists from revealing sources; varies by state.
Telecommunications Act of 1996
Deregulated media and increased competition.
Communications Decency Act
Attempted to regulate indecent Internet/cable content.
Cross-ownership rules
Limits on owning multiple media outlets in same market.
Fleeting expletives
Unexpected live TV profanity; FCC attempted to regulate.
Central Hudson Test
Standards for lawful, non-misleading advertising.
Texas Gulf Sulphur Case
PR professionals liable for misleading information.
Ethics
Rules guiding conduct.
Professional ethics
Standards for members of a profession.
Four media ethical issues
Truthfulness, fairness, privacy, responsibility.
Fabrication
Making up information; example: Brian Williams suspension.
Plagiarism
Copying others' work; example: NYT reporter case.
Misrepresentation
Deception to gather info; example: fake sheikh case.
Fairness
Impartial reporting; no personal gain or hidden bias.
Conflict of interest
Reporter has personal stake; example: Stephanopoulos donations.
Privacy ethic
Respecting personal information and victims.
Rape reporting ethics
Victims typically not named; debate exists.
Responsibility
Media must consider impact of reporting decisions.
Aristotle's Golden Mean
Virtue lies between extremes; relates to fairness.
Kant's Categorical Imperative
* your action becomes universal law.
Mill's Principle of Utility
Greatest good for the greatest number.
Rawls' Veil of Ignorance
Make decisions without knowing personal benefit.
Judeo-Christian ethic
Love your neighbor; treat all equally.
News councils
Organizations investigating complaints about journalism.
Readers' representatives
Ombudsperson responding to public criticisms.
Correction boxes
Publish corrections transparently.
Hot spot
Public wireless Internet access area.
TV license fee (UK)
Citizens pay yearly fee to support public broadcasting.
Authoritarian theory
Press serves the government, not citizens.
Communist theory
Press run by government for propaganda.
Libertarian theory
Press belongs to people; ideas must be freely discussed.
Social responsibility theory
Press must serve public good and avoid corporate dominance.
Developmental theory
Emerging nations restrict press to support growth.
Western Europe media
Print partisan; broadcast historically govt-controlled.
BBC
Government-funded British broadcast network.
Eastern Europe media
Transitioning from strict Communist control.
Middle East print media
Tightly controlled; journalists often jailed.
African media
Many languages; radio most important due to low literacy.
Japan media
Highest newspaper readership; many Wi-Fi hotspots.
Australia media
Murdoch empire controls most newspaper circulation.
India media
Massive growth of print; Bollywood major industry.
China media
Government produces most TV; limited press freedom.
Latin America media
Media tied to political and business power structures.
Televisa
Major Mexican media conglomerate.
Cuba broadcast media
Completely government-controlled.
Internet & global media
Expands reach but increases misinformation risk.
Digital Services Act (EU)
Regulates online platforms and digital services.