smad 101 final jmu

chapters 14, 15, and 11

Libel

A published statement that unjustifiably exposes someone to ridicule or contempt; must satisfy the three elements of defamation, identification, and publication

Privilege

A legal defense against libel that holds that statements made in government meetings, in court, or in government documents cannot be used as the basis for a libel suit

Actual Malice

Reckless disregard for truth or knowledge of falsity of a published account

Intrusion

Invasion of privacy by physical trespass into a space surrounding a person's body or onto property under his or her control

Embarrassment

Invasion of privacy where a journalist publishes something that is true but embarrassing and not newsworthy about a person

False Light

Invasion of privacy in which a journalist publishes untrue statements that alter a person's public image in a way that he or she cannot control.

Misappropriation

Invasion of privacy by using a person's name or image for commercial purposes without his or her permission

Prior Restraint

A judicial order that stops a media organization from publishing or broadcasting a story or image

Shield laws

Laws that give journalists special protection from having to testify in court about their stories and sources

Obscenity

Sexually explicit material that is legally prohibited from being published

Hazelwood School District v. Kuhlmeier

1988: a group of high school students sued the school system because their principal had barred articles about pregnancy and divorce from the student newspaper. The Supreme Court ruled that a principal could censor a student newspaper when it was produced as part of a class.

New York Times Co. v. Sullivan

1964: Civil rights ad in the NYT had an error, police officer claimed he was libeled by it; the Supreme Court concluded that "actual malice" must be proven to support a finding of libel against a public figure

Gertz v. Robert Welch Inc.

1974: Extends NYT v. Sullivan; private citizens do not have to meet the actual malice standard of Times v. Sullivan to recover damages.

Food Lion v. Capital Cities/ABC

1995: Reporters using hidden cameras to capture footage in a grocery store meat department were liable for a breach of loyalty to the grocery store and required to pay $2 in nominal damages.

Daily Times Democrat v. Graham

Although one who is a part of a public scene may be lawfully photographed as an incidental part of that scene in his ordinary status a lady's dress was blown up at a fair and caught on photo. The limits of an invasion of privacy were exceeded where the intimate details of the life of one who never manifested a desire to have publicity were exposed to the public.

Hustler v. Falwell

1987: Court held that intentional infliction of emotional distress was permissible First Amendment free speech- so long as such speech was about a public official, and could not reasonably be construed to state actual facts about its subject.

Snyder v. Phelps

Speech on a public sidewalk, about a public issue, cannot be liable for a tort of emotional distress, even if the speech was "gross and repugnant in the eye of most"

Cohen v. Cowles Media

Is a reporter legally obliged to keep a promise of confidentiality? Newspapers printed the source, even though they agreed to keep it confidential.

Near v. Minnesota

1931: The publisher of the Saturday Press, a racist, anti-Semitic newspaper, used his paper to charge that the police were controlled by a "Jewish gangster". The Supreme Court decision held that the 1st Amendment protects newspapers from prior restraint.

New York Times Co. v. United States

If the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security. (aka pentagon papers)

United States v. Progressive

1979: Progressive magazine tried to get story about how nuclear weapons worked censored, Story was all based on public information, district court issued restraining order against magazine, Other authors published same information as was in Progressive article, Order was rendered moot and dismissed

Morse v. Frederick

2007: A student at a local high school hung up a banner saying "Bong Hits 4 Jesus" which advertises the use of marijuana. School officials can prohibit students from promoting the use of drugs and does not violate the student's 1st amendment rights.

Roth v. United States

1957: A man who ran a business selling sexually explicit books, photos, and magazines, had been convicted of mailing obscene material through the U.S. Postal Service. Supreme Court ruling that "obscenity is not within the area of constitutionally protected speech or press."

Miller v. California

1973: Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.

Zenger Case

The case that established the precedent that true statements about public officials could not be prosecuted as libel; Newspapers are not financially liable for criticism of government if actually true.

Morals

An individual's code of behavior based on religious or philosophical principles. Morals define right and wrong in ways that may or may not be rational.

Ethics

A rational way of deciding what is good for individuals or society. Ethics provide a way to choose between competing moral principles and help people decide in cases where there is not a clear-cut right or wrong answer.

Golden Mean

Aristotle's notion that ethical behavior comes from hitting a balance, a "just-right point between excess and defect."

Categorical Imperative

Kant's idea of a moral obligation that we should act in a way in which we would be willing to have everyone else act; also known as the principle of universality.

Principle of Utility

John Stuart Mill's principle that ethical behavior arises from that which will provide the greatest good for the greatest number of people.

Veil of Ignorance

John Rawls's principle of ethics that says that justice comes from making decisions that maximize liberty for all people and without considering which outcome will give us personally the biggest benefit.

Sensationalism

News coverage that panders to audiences with lurid and highly emotional accounts of crime, sex, violence, or celebrity missteps.

Tabloidization

When respectable media report on what the tabloids are reporting as a way of covering sensationalistic stories on which they might not otherwise report.

Ombudsman

A representative of a publication's readers who takes the point of view of those who purchase or consume the news; also known as a reader's representative or audience advocate.

SPJ Code of Ethics

1. Seek truth and report it

2. Act independently

3. Minimize harm

4. Be accountable and transparent

Authoritarian theory

A theory of appropriate press behavior that says the role of the press is to be a servant of the government, not a servant of the citizenry

Communist theory

A theory of appropriate press behavior that says the press is to be run by the government to serve the government's own needs

Libertarian theory

A theory of appropriate press behavior that says the press does not belong to the government but is instead a separate institution that belongs to the people and serves as an independent observer of the government

Social Responsibility theory

A theory of appropriate press behavior based on the concern that, although the press may be free from interference from the government, it can still be controlled by corporate interests. It is an outgrowth of libertarian theory.

Development theory

A theory of appropriate press behavior that states that developing nations may need to implement press controls in order to promote industry, national identity, and partnerships with neighboring nations

Marie Colvin

American journalist who was specifically targeted because of her profession, for the purpose of silencing those reporting on the growing opposition movement in the country.

Jamal Khashoggi

Saudi journalist for the Middle East Eye and Washington Post who was assassinated for writing negative things about the prince of Saudi Arabia.

Jason Rezaian

Iranian-American journalist who served as Tehran bureau chief for The Washington Post. He spent 544 days unjustly imprisoned by Iranian authorities until his release in January 2016

Stephen Glass

A former American journalist. He worked for The New Republic from 1995 to 1998 until an internal investigation by the magazine determined the majority of stories he wrote either contained false information or were fictitious.

Jayson Blair

A former reporter for the NYT, was caught fabricating stories and plagiarizing from other publications. He resigned in 2003 after multiple incidents of journalistic malpractice, including fabricating sources, copying material, and claiming to be in locations he hadn't visited.

Henry Luce

Formed the Hutchins Commission which helped create “A Free and Responsible Press” during WWII.

Corporate copyright protections last how many years after something was published?

95 years

Corporate copyright protections last how many years after something was created by never published?

120 years