Media Law & Ethics Review Flashcards

A comprehensive set of flashcards covering key concepts, cases, and principles in Media Law & Ethics for exam preparation.

Definition of the Law

A system of rules created and enforced through social or governmental institutions to regulate behavior.

Sources of Law

The origins from which laws derive, including constitutions, statutes, regulations, and case law.

Federal Court System

A hierarchy of courts that deals with federal laws, consisting of District Courts, Courts of Appeals, and the Supreme Court.

Ohio Court System

The structure of courts in Ohio, including Municipal Courts, County Courts, Courts of Appeals, and the Ohio Supreme Court.

First Amendment

Constitutional amendment that protects freedoms of speech, religion, press, assembly, and petition.

Fourth Amendment

Constitutional amendment that protects against unreasonable searches and seizures.

Fifth Amendment

Constitutional amendment that guarantees rights related to due process and self-incrimination.

Sixth Amendment

Constitutional amendment that guarantees the right to a fair and speedy trial.

14th Amendment

Constitutional amendment that grants citizenship to all persons born or naturalized in the U.S. and guarantees equal protection under the law.

Qualified Immunity

A legal doctrine that shields government officials from liability for the violation of individual rights unless the violated right was clearly established.

Right to Lie

The controversial notion that individuals may express falsehoods without legal repercussion under certain circumstances.

Legal Procedure Steps

The series of procedures that must be followed in both criminal and civil cases, including complaint, answer, discovery, trial, and appeal.

Powers of Congress

Legislative powers granted to Congress by the Constitution, including the ability to make laws, levy taxes, and regulate commerce.

Powers of the President

Executive powers vested in the President, including enforcing laws, conducting foreign policy, and serving as Commander in Chief.

Burden of Proof

The obligation of a party in a legal proceeding to prove their claims.

Standards of Proof

The degree of certainty required to prove a case in court, which varies by type of case (e.g., preponderance of evidence, beyond a reasonable doubt).

Defamation

The act of making false statements that harm someone's reputation.

Elements of Defamation

The components required to establish a defamation claim, including publication, falsehood, fault, and damages.

New York Times v. Sullivan

A landmark Supreme Court case that established the standard for proving defamation of public figures.

Gertz v. Welch

A Supreme Court case that ruled that private individuals have more protection against defamation than public figures.

Damages for Defamation

Compensation awarded to a plaintiff in a defamation lawsuit for harm caused to their reputation.

Defamation per se

A category of defamation that is considered inherently harmful, thus damages are presumed.

Defamation per quod

Defamation that requires proof of damages because the harmful nature is not immediately evident.

Criminal Defamation

A crime involving false statements that harm another's reputation, subject to criminal penalties.

Food Disparagement Laws

State laws aimed at protecting agricultural producers from false statements that harm the reputation of their products.

Defamation by Implication

A form of defamation that occurs when true statements create false impressions contrary to the facts.

Defenses for Defamation

Legal arguments presented by defendants to avoid liability in defamation cases.

Invasion of Privacy

A legal claim that arises when someone's privacy rights are violated.

Types of Invasion of Privacy

Includes intrusion upon seclusion, appropriation of name or likeness, public disclosure of private facts, and false light.

Defenses to Invasion of Privacy

Legal arguments that may exempt defendants from liability for invasion of privacy.

Stored Communications Act

A federal law that provides privacy protections for communications stored by service providers.

Digital Millennium Copyright Act

A law that updates copyright law for the digital age, including provisions for copyright infringement and liability.

Communications Decency Act

A law that provides immunity to online platforms from liability for user-generated content.

Third-party Doctrine

Legal principle that holds individuals have no reasonable expectation of privacy in information voluntarily shared with third parties.

Net Neutrality

The principle that Internet service providers must treat all data on the Internet the same, without discriminating or charging differently.

Blogging

The act of writing online journals or informational websites.

Linking

Providing connections to external websites within digital content.

Social Media

Web-based platforms that allow users to create and share content or participate in social networking.

NetChoice, L.L.C. v. Paxton

A court case regarding a Texas law compelling social media to post political viewpoints.

Communications Act of 1934

A principal law governing telecommunications in the United States.

Spectrum Scarcity Doctrine

The concept that the electromagnetic spectrum is a limited resource and requires regulation.

PICON

The public interest, convenience, or necessity standard used by the FCC.

FCC and Censorship

The Federal Communication Commission's role in regulating content on broadcast media.

Regulation of Programming

The process by which the government or regulatory bodies oversee media content.

Obscenity and Indecency

Legal terms defining inappropriate or offensive content in media.

Fleeting Expletives

A legal term referring to brief instances of offensive language that may not be subject to regulation.

Equal Access and Equal Time

Requirements under specific FCC rules ensuring fairness in political advertising.

Fairness Doctrine

A former policy requiring broadcasters to present contrasting viewpoints on controversial issues.

Political Advertising

Media communications advocating for or against a political candidate or policy.

17 U.S. Code § 501

A provision establishing infringement liability in U.S. copyright law.

Fair-Use Privilege

A legal doctrine that allows limited use of copyrighted material without permission.

Transformative Doctrine

A copyright test determining whether a work adds new expression or meaning to the original.

Parodies

Imitations of an original work that are meant for humor or critique.

Copyright Notice and Registration

Formal steps taken to protect creative works under copyright law.

Types of Works Eligible for Copyright

Categories of creative outputs that can receive copyright protection.

Copyright and Privacy

The intersection of copyright laws and individuals' privacy rights.

Publication Rights

Rights concerning how and where creative works are published and distributed.

Creative Commons Licensing

A system allowing creators to license their works for sharing under specific terms.

Linking

The act of connecting one website to another by URL.

Pell v. Procunier

A Supreme Court case that addressed the issue of access to prisons by the media.

Federal Privilege

Legal protections allowing journalists to withhold sources under certain circumstances.

Public Records Laws

Laws permitting access to government documents and records.

Open Meeting Laws

Statutes ensuring meetings of government bodies are open to the public.

Definition of Journalist

A person who collects, writes, or distributes news or other current information.

Bloggers as Journalists

A debate over whether individuals who blog can be considered journalists under the law.

Shield Laws

Laws that protect journalists from being compelled to reveal sources or unpublished information.

Clery Act

A federal law requiring colleges to disclose crime statistics and security policies.

Promissory Estoppel

A legal principle that enforces a promise under certain conditions, preventing harm from reliance on that promise.

Fraud and Misrepresentation

Legal terms involving deception and false statements for personal gain.

Failure to Obey Lawful Orders

A legal offense involving the refusal to comply with lawful directives from authorities.

Coercion

Forcing someone to act against their will through threats or pressure.

Intrusion

An invasion of a person's privacy.

Subpoenas

Legal documents ordering a person to testify or produce evidence in a legal proceeding.

Grounds for Closing Courtrooms

Legal justifications for restricting public access to court proceedings.

Juvenile Proceedings

Legal processes specifically dealing with individuals under the age of majority.

Cameras in Courtrooms

The use of cameras to broadcast or record court proceedings.

Computers in the Courtroom

The use of computers and technology during legal proceedings.

Tweets from Court

Social media posts made during or about ongoing court cases.

Gag Orders

Court orders restricting parties from speaking about a case publicly.

Alternatives to Gag Orders

Other legal options for ensuring fair trials without restricting speech.

Evolution of the Roth-Memoirs Test

The development of legal tests determining what constitutes obscenity.

Miller Test

A legal standard for determining whether material is obscene.

Local Community Standards

Criteria used to judge obscenity based on the values of the local community.

Zoning to Regulate Obscenity

Using zoning laws to control where adult businesses may operate.

Indecency vs. Obscenity

Distinction between inappropriate but protected speech and unprotected offensive speech.

Regulation of Indecency and Obscenity

Legal frameworks governing the broadcast of offensive content.

Protection of Children from Obscenity

Lawsaimed at safeguarding minors from exposure to obscene material.

Nitke v. Gonzalez

A legal case addressing First Amendment rights in relation to obscenity.

Revenge Porn

The distribution of intimate images without consent, often used as a form of abuse.

Deep-Fake Porn

AI-generated deceptive videos that manipulate identities often without consent.

Obscenity and the FCC

The role of the Federal Communications Commission in regulating obscene material.

Profanity and Free Speech

Debates regarding the extent of First Amendment protections for offensive language.

Fleeting Expletives and Legal Standards

Legal discourse on temporary instances of offensive language in broadcasts.

Inducement to Infringement

Encouraging or facilitating copyright infringement by others.

Server Test

Legal evaluations regarding hosting of infringing material.

Embedding on YouTube and Instagram

The act of incorporating third-party content into social media platforms.

Secondary Infringement

Liability for infringements committed by others using one's property.

Law and Ethics of Visual Storytelling

The intersection of legal considerations and ethical standards in photojournalism.

Espionage Act of 1917

A law that prohibits interference with military operations or support of U.S. enemies.

Bad Tendency Test

A legal standard that permits regulation of speech that may lead to illegal acts.