Final exam mass media law and ethics

What is obscenity

A narrow category of hardcore pornography that is not protected by the First Amendment

What defines obscenity

The miller test

What are the three parts of the miller test

Prurient interest, patent offensiveness, lack of serious value

What is prurient interest

A shameful or morbid intrest in sex

What does SLAPS stand for

Serious Literary, Artistic, Political, or scientific value

Is porn always illegal

No, only obscene material is illegal

What is indecency

Sexually explicit material that is not obscene

Is indecent speech protected

Yes, but it can be regulated in broadcasting

What case created the obscenity test

Miller vs California

What is variable obscenity

Material judged differently for minors than adults

What case allowed states to restrict sexual material for minors

Ginsberg v. New York

Is child porn protected speech

No, it is completely illegal

What case banned child porn even if not obscene

New York v. Ferber

What is revenge porn

Nonconsensual distribution of explicit images

Does obscenity receive first amendment protection

No

What did Stanley v. Georgia protect

Private possession of obscene material at home

Can obscene material be distributed legally

No

What is broadcast indecency

Offensive sexual content regulated by the FCC

What case allowed regulation of indecent broadcasts

FCC v. Pacifica Foundation

Why is broadcast regulated more than print

Because it is more accessible and intrusive

What is the core conflict in some source protection

Journalist confidentiality vs. government need for evidence

What did the Bradenburg v. Hayes rule

No first amendment right to refuse to testify

What is shield law

A law protecting journalists from revealing sources

Do all states have shield laws?

No, but most do

Does federal law include shield laws

No

Do state shield law apply in federal court

No

What is stweart’s three-part test

Relevance, exhaustion, compelling intrest

When must journalists testify

When information is essential and unavailable elsewhere

When are journalists protected

In civil cases or when info isn’t central

What is actual malice

Knowing or falsity or reckless disregard for the truth

Why might journalists revel sources in libel cases

To prove or disprove actual malice

What is the Privacy Protection Act (1980)

Law limiting newsroom searches

What did Herbert v. Lando allow

Inquiry into journalists' editorial process

What material gets strongest protection

Work product (notes, drafts)

What case allowed newsroom searches

Zrucher v. Stanford daily

What is promissory estoppel in journalism

Legal enforcement of confidentiality promises

What case held journalists liable for breaking promises

Cohen v. Cowles Media

What is a major modern threat to source protection

Digital surveillance

Name a tool journalists use to protect sources

Signal or SecureDrop

Who is often NOT protected by shield laws

Freelanceres and bloggers

What does FOIA stand for

Freedom of information act

What does FOIA allow

Public access to federal agency records

Who can file an FOIA request

Anyone

What type of government is covered by FOIA

Federal executive branch

How many FOIA exemptions exist

Nine

What is practical obscurity

Difficulty accessing records protect privacy

What case emphasized privacy v. public intrest

DOJ v. Reporters committee

What is the first step before filling a FOIA request

Check if info is already public