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Communications Act of 1934
Section 312
Radio and TV stations must allow candidates to purchase “reasonable amounts of time” for ads
Interpreted to mean that political ads should be the same length as regular ads
Section 315
Equal Access: must sell time to all parties for about the same price and about the same time of day
Can’t pick favorites
Tornillo Opinon
Extends equal access to print
News coverage does not have to provide equal time to all candidates in news coverage, but they do in advertising
Fairness Doctrine
Used to cover news content, mostly opinion content
Opinion pieces that were in favor of one issue, you must give equal time to the other side of the issue
Abandoned since the 80s
Walter Lippmann
Pulitzer-prize winning Journalist
One of the founders of media studies in the US
Book “Public Opinion” called the American public a “bewildered heard” that needs to be shepherded by an intelligent elite
Very much believes in powerful effects models because he believes that he is smarter than everyone. okay!
Harold Lasswell
Created the hypodermic needle model
Paul Lazarsfeld
Created the Two-Step Flow Model
Studied political opinion and how they are formed
Found that media messages were not the most important thing in determining opinion, but the people in our lives we respect are (opinion leaders)
Maxwell McCombs and Donald Shaw
Developed the idea of agenda setting
George Gerbner
Used cultivation analysis to create the theory of Mean World Syndrome
Conducted a study over the course of multiple decades about peoples’ television viewing habits
Found that people who watched a lot of TV, especially the news, and have lower media literacy, believe that the world is more violent than it actually is
Elisabeth Noelle-Neumann
Conducted interviews with "acquaintances" and found that if people have an opinion they believe is unpopular, they don’t bring it up with other people
Spiral of Silence
Wrote for a Nazi Newspaper! yikes!
Jay Blumler and Elihu Katz
Developed Uses and Gratification Theories
Frankfurt School
Theodor Adorno
Max Horkheimer
Walter Benjamin
Stuart Hall
British scholar who helped develop critical/cultural media theory
Encoding/decoding
The idea that people are actively working with the media when we watch it
Battling the older idea that we are passively consuming things
Marshall McLuhan
Argued that different mass media can do different things, and that you write different kinds of messages for different media platforms
The medium is the message!
Media ecology
Cultural Studies Models
Reject strong/direct media effects models
They ways people produce, use, and interpret media are always affected by our position in culture/our identities
Media studies must always be concerned with making the world a better place
EVERYTHING IS POLITICAL
How do we use the media to make things better for people?
Hypodermic Needle Model
a model of mass communication regarding WWII propaganda
Common topic among media theorists
Has been expanded to include all mass communication
Who (communicator) says what (message) in which channel (written, radio, tv?) to whom (audience) with what effect? (what happens?)
If anything changes, the entire message changes
Two-Step Flow Model
Voters are motivated by opinion leaders rather than the media
Personal contact is more important than media content
Nowadays, it’s a Multi-Step flow
Podcasters, friends, family, talk show hosts, influencers, etc
The most important touchstone we have are other people
Cultivation Analysis
Watching a lot of television, over a long period of time, can have effects
The creation of sedimentary rock:
The effects are not the same and are unpredictable
Mean World Syndrome
Spiral of Silence
People are hesitant to express ideas they believe are unpopular because they fear social consequences
People think their opinion is in the minority, but it’s really not, because no one talks about it!
Uses and Gratification Theories
How do people use the media, and what gratification do they get out of it?
People are active consumers of the media— we choose what we watch, and if we want to pay close attention to it or not
Hate watching? Favorite thing?
Four general uses and gratifications
Entertainment
A substitute for personal connections (in some cases, but can also deepen personal connections!)
Personal identity (both as we are forming it and having it being recognized)
Surveillance (learning about the world)
Encoding/Decoding
Creators are actively encoding messages, and the audience is actively decoding (interpreting) those messages
Many factors involved in this— noise!
Cultural context
Foreign films/tv are interpreted differently
Level of education, ethics, political beliefs, gender, race, etc.
Political Economy
Includes ideas of media ownership, politics, and economics in the study of media
Reminds us that mass media is an industry, and that business decisions will impact the content we see
Not pure art, there is a money side!
Catalytic Theory
Minimal effect model
Media violence can be one factor among other factors that cause violence, but other influences include:
Whether the media violence is rewarded (is it the good guy doing the violent thing, and is it shown to be a good thing?)
Does this person have lots of media exposure?
Whether a violent person fits other profiles
Income, education, class, intelligence, parenting
Whether media violence is
Realistic and exciting
Succeeds in righting a wrong
Includes characters or situations relatable to the viewer
W. Philips Davidson
Third-Person Effect
Frankfurt School
Post WWII writers at Columbia who were primarily German Jews who had to flee
Examined intersections of media, culture, capitalism/industrialization, politics, art, etc.
How did the Nazis use the mass media to make their ideology popular?
Believed in strong media effects
All Marxists, because it was the opposing party to fascists
Media Ecology
The medium is the message!
Seymour Feshbach
Cathartic Effect of Violence
Wilbur Schramm
For some children under some circumstances, some television is harmful
For most children under most conditions, most television is probably neither particularly harmful nor particularly helpful
Copyright Term Extension Act of 1998
Disney wrote this law, and Sonny Bono sponsored it
Extends copyright to the life of the author, plus 70 years (for individuals)
120 years after creation, or 95 years after publication (whichever is earlier) for corporate works
Big media companies love it
1998 Digital Millennium Copyright Act
Criminalized some copyright violations (previously a civil offense), such as breaking DRM (digital rights management) and illegally disseminating copyright works
At 7 copyrighted audiovisual works and 100 sound recordings, this becomes a felony offense
Made it illegal for individuals to make a copy of a movie/show for individual use
Mutual Film Corp v Ohio (1915)
“Mutual Decision”
Films don’t have 1st Amendment protections, because it’s a business, not an art
States can have boards of censorship (+ cities)
Joseph Burstyn Inc v Wilson (1952)
“Miracle Decision”
Gave film some 1st Amendment protections
Film is art
Film can be political
Schenck v US (1919)
Overturned later by the Fighting Words Doctrine— are you saying things just to get people to act in illegal ways, and now?
TPM Standard
You can’t limit the content of speech, but you can limit the time, place, and manner
Ex. protest zones— not limiting the ability to protest, but when and where, and whether you can use a bullhorn or not
Can limit TPM as long as it’s neutral
Prior Restraint
When the government prevents something from being published to the public
Near v Minnesota (1931)
Government can only enact prior restraint if it poses a threat to national security— are you putting us (citizens) in danger?
If not, you have to let them say this
Raises the bar on limiting speech!
Pentagon Papers (1971)
During Vietnam, the US military did a study on their effectiveness in Vietnam, and decided not to publish negative findings
Determined that hiding the study was a threat to national security— people are dying!
Daniel Ellsburg
Zenger Decision (1735)
Set “defense of truth” standard: if what you are saying is true, it cannot be libel in the US
New York Times v Sullivan
“Actual malice” standard
NAACP accused people in a newspaper of anti-civil rights act, and it was false
SC said you have to prove “actual malice” — they are also doing it to wreck your reputation
“Reckless disregard of the truth”
Used to protect political speech/criticism of government
Miller v California (1973)
Whether the average person would claim the media (as a whole) had “prunient interest” under contemporary community standards
Not an expert
Depends on the location! Local, not national
Cannot take part of it out of context
Whether the work depicts, in an offensive way, excretory functions and sexual content. Specifically defined by applicable state law
Whether the work lacks serious literary, artistic, political, or scientific value
I know it when I see it!
FCC v Pacifica
Indecent speech has a much lower bar
FCC has the ability to regulate broadcast media
Has to promote the public good!
FTC
False and deceptive advertising (not political ads)
Internet privacy
Scammy stuff on the internet
Deontological Ethics
Virtue ethics involve doing the right thing for the right reason
Good intentions
Usually involves a set of rules
Ex. The Ten Commandments
Categorical Imperative
Immanuel Kant
Act as if your action were going to become part of universal law
As if it is the right thing to do 100% of the time
Discourse Ethics
Jurgen Habermas
We communicate with what Habermas called the “public sphere”
When we communicate in the public sphere without bias or coercion, it becomes ethical communication
Teleological Ethics
Rather than thinking about a solid set of rules, you are thinking about what you want to happen
Pragmatics
John Dewey
If the results of the action are good, then the action is good
You have to think through your situation carefully, you have to know all the factors
Utilitarianism
John Stuart Mill
Act in ways that maximize happiness and minimize suffering for the greatest number of people
Tyranny of the majority
Veil of Ignorance
John Rawls
When you’re a journalist, you have to ignore the potential rewards/penalties that could come to you/your company, and instead think of the potential help/harm to society that your work is introducing
Potter’s Box
A way to define which ethical system to use
Define your situation, values, ethical principles, and loyalties