Media Law and Ethics Test Review

A collection of key vocabulary terms and definitions related to media law and ethics, designed to aid in exam preparation.

10th Amendment

Powers not delegated to the federal government are delegated to the states.

Texas Beef Group v. Winfrey (1998)

Court case where Texas cattle ranchers sued Oprah Winfrey under the False Disparagement of Perishable Food Products Act.

Libel per se

A form of libel that is so outrageous that there is no defense.

NY Times v. Sullivan (1964)

Ruling that changed libel law by establishing a high bar for elected officials in libel cases, emphasizing press freedom.

Negligence

Failure to exercise reasonable care, which is easier to prove than actual malice.

The Ollman Test

Determines the journalistic context of a statement and whether it is presumed to be an opinion or a statement of fact.

Wire service defense

Protection for media organizations against libel suits based on information from wire service reports if they had no reason to suspect it was false.

Strategic lawsuits against public participation (SLAPP)

These are defamation suits used to harass or silence critics.

Statement of fact, publication, and identification of libel plaintiff

What are the Critical Elements in Libel?

Roth v. United States (1957) Roth Test

Supreme Court standard stating that the dominant theme of a work must appeal to an average person's prurient interest in sex.

Miller v. California (1973)

Court case that left the definition of obscenity to state and local governments.

New York v. Ferber (1982)

Case ruling that prohibits the sale and distribution of child pornography, which does not have First Amendment protection.

FCC v. Pacifica Foundation (1978)

Ruling that it is not a violation of the First Amendment to restrict indecency during certain times on the radio and TV.

Lockhart Commission (1967)

Commission that concluded routine viewing of pornography created no harmful effects in adults.

Meese Commission (1986)

Commission that documented harmful effects of pornography, advocating for stricter policies on porn.

Variable Obscenity

Concept that sexually oriented material may not be considered obscene for adults but could be for minors.

Carey v. Population Services International (1977)

Court case that extended First Amendment protection to advertisements of contraceptives.

Heed Their Rising Voices (1960)

Editorial in Montgomery, Alabama, supporting Martin Luther King Jr. that led to NY Times v. Sullivan.

Walker case

Extended NYT v. Sullivan protections: public figures must prove actual malice in libel cases.

Curtis Publishing v. Butts (1967)

Magazine liable for $460,000; engaged in highly unreasonable conduct, showing negligence, not actual malice.

Hustler v. Falwell (1988)

Supreme Court ruled parody is protected speech; public figures must prove actual malice; no factual statements in ad.

Anthony Comstock

19th-century activist who lobbied to ban obscene materials, restrict mail, and remove books from schools/libraries. 

U.S. v. One Book Called Ulysses (1933)

Court ruled the novel Ulysses was not obscene; considered its effect on a person with “average sex instincts.”

Hicklin rule (1868)

Old standard for obscenity; allowed banning materials offensive to anyone, later overturned by Roth Test.

Justice Potter Stewart quote

“I know it when I see it” – famous description of trying to define obscenity.

American Bar Association context

Internet search engines now provide instant access to obscene material; law struggles to keep up with technology and changing social norms.

Tv vs Social media standards

Acceptable journalistic practices differ by platform; negligence/malice standards can vary between traditional media and social media posts.