J385

Ya

Who usually determines obscenity law?

State

Libel

is printed words that are harmful to another person

Slander is

Spoken word that harms someone reputationally

Illinois vs austin

She lost as no laws protected revenge porn

Defamation

Damaging somebody’s reputation ex. Slander, libel

Revenge porn

Posting sexual images of someone to retaliate against them. Regulated by law in 46 states

SC and Porn

Sc protects nude dancing and gay themed sexual expression

Miller vs California 3 pt test

1. Average person finds work sexual
2. Whether work is patently offensive
3. Whether work contains artistic political value

Ginsberg vs NY

Illegal to sell sexual content to people under 16. Court protects kids from psychological damage.

Communications decency act (ongoing)

Gonzalez vs Google: is Google responsible for auto recommending offensive content?

Judge Brandeis says privacy is

Right to be left alone

Patriot act

Broadened gov access to personal communication and info

Privacy

Right to control info on ourselves. Protects against unexpected emotional distress resulting from instruction of private affairs. Privacy shouldn’t be expected in public places

Embarrassing private facts

Publication of offensive private info

Privacy in constitution

No privacy protections in constitution, 10 states have privacy provision

Common law protects against these 4 invasion of privacy torts

1. Unreasonable intrusion 2. Publicity to private facts 3. Appropriation of a persons name, likeness 4. info that puts someone in an false light

Intrusion upon seclusion

Violation of a persons (virtual or physical) personal space

Standing in doctrine

Allows photos, videos to be taken of a person in a public space

Upskirting

25+ states protest against photographing nonconsenting peoples private parts

Booth rule

Photo agreements are only to take place during the agreed time. You can’t reuse someone’s model pictures in another campaign you didn’t pay them for

Right of publicity

Protecting those who suffer from their appropriation

Artistic use of an image

Protected by first amendment

Time vs hill

Required hill to prove actual malice

Portrayal in false light

Publishing info that creates an offensive impression of someone. Actual malice must be proved

Actual malice

You knew info was false but published it anyways

Defenses of privacy invasion

1. Does it educate or amuse? 2. Is it a public record 3. Is it consensual

Anonymity on line

Protected by FA

Intellectual property

Right to profit from creativity and resourcefulness includes copyright and trademark

Copyright

Protects a form of style, the way something is described, embodies authorship

What doesn’t copyright cover

News, facts, ideas, procedures, methods of operation

Author doesn’t own a work

If it was created in scope of their employment

When is work copyrighted

The moment tangible work is created

Copyright can be challlenged?

True, and you must register with copyright office to make it official.

Proving infringement

1. Must prove ownership by possesion 2. Must prove work has been infringed

4 factors of fair use

1. Purpose of work 2. Would it offend author 3. How much of work was used 4. Effect that remixed work has on original’s value

Telecommunication vs. print media

Telecommunications more regulated

The internet

Not under fcc jurisdiction

Combining the regulatory responsibilities of the Federal Radio Commission and the Interstate Commerce Commission resulted in forming:

Federal communication commission

Marketplace of ideas

John Stuart mill