Class+12+-+Media+Law

Page 1

Page 2: The Role of the Printing Press

• Impact on Sharing Views: The printing press enabled political and religious dissidents to disseminate their perspectives against authority easily.

• Resistance from Authority: This capability often met resistance from those in power, as maintaining authority is a priority for governments.

• Continuing Tension: The struggle between government censorship and press freedom is an ongoing challenge today.

Page 3: Watchdog Role of the Press

• Press as Watchdog: The press serves as a watchdog over government and powerful institutions.

• Balance of Power: Ideally, in democratic societies, the press acts as an independent check on government power.

• Independence from Censorship: The press, as the 'fourth estate,' must operate free from governmental censorship.

• Consequences of Control: In heavily state-controlled media environments, criticism of the government is severely restricted.

Page 4: Press and Democracy

• Quote by Thomas Jefferson: "INFORMATION IS THE CURRENCY OF DEMOCRACY."

• Well-Informed Citizens: For democracy to function, citizens must be well-informed, a responsibility that lies with the press.

• Challenge of Achieving Ideal: While this notion is ideal, practical implementation remains complex due to constraints on free speech.

• First Amendment: "Congress shall make no law…abridging the freedom…of the press."

Page 5: Alien and Sedition Acts of 1798

• Historical Context: In 1798, Congress enacted laws that limited free speech known as the Alien and Sedition Acts.

• Violation of First Amendment: These acts undermined the First Amendment by criminalizing certain political speech.

• Reason for Restriction: They were introduced during wartime against France, which set a precedent for limiting press freedom.

• Question of Law: If freedom of press is constitutionally guaranteed, why are discussions around media law still prevalent?

Page 6: National Security Concerns

• Limitations Due to National Security: Press freedoms are frequently limited due to national security issues.

• Clear and Present Danger Test: Established in Schenck v. U.S. (1919), defined how free speech can be restricted in wartime.

• Schenck's Case: Charles Schenck distributed handbills against WWI involvement and was convicted, as the court believed the First Amendment isn't absolute in wartime.

Page 7: Prior Restraint in Media

• Concept of Prior Restraint: Established in Near v. Minnesota (1931), prior restraint is a form of censorship that prevents publication before content release.

• Supreme Court's Ruling: The Minnesota courts' attempt to halt an anti-Semitic newspaper was overruled; prior restraint can only apply under serious national security threats.

Page 8: Categories of Protected Speech

• Political Speech: The most protected form of speech under the First Amendment.

• Artistic Speech: Includes works like films and songs, protected but a step below political speech.

• Commercial Speech: Speech aimed at selling products, is regulated to ensure truthfulness.

• Indecent Speech: Obscene material has limited protection under the law.

Page 9: Importance of Political Speech

• Core of Freedom of Expression: Political speech's protection includes acts like flag burning and refusal to recite pledges.

Page 10: Equal Time Rule

• Understanding Equal Time Rule: Requires media outlets to offer equal opportunities to all political candidates.

• Application of Rule: Regardless of political leanings, if a candidate is given airtime, all must be offered fair access.

Page 11: Limitations on Artistic Speech

• Definition of Artistic Speech: Encompasses various creative media.

• Limits on Government Action: Government can’t limit artistic speech unless it poses direct and imminent harm to society.

Page 12: Regulation of Commercial Speech

• Less Protection than Other Speech: Commercial speech faces more regulation and must provide truthful information.

• Consequences for False Advertising: Misleading commercials can lead to legal repercussions.

Page 13: Indecent Speech Regulations

• Definition of Indecent Speech: Defined as language/material that is offensive by community standards related to sexual/excretory content.

• Broadcast Restrictions: Regulated during hours when children may be present (6a-10p), known as safe harbor hours.

Page 14: Distinction Between Filth and Obscenity

• Definition of Filth: Pornography is generally legal, but obscenity is illegal.

• Criteria for Obscenity: Determined when something is deemed offensive to societal standards.

Page 15: The Miller Test for Obscenity

• Miller v. California (1973): Established criteria for defining obscene material.

• 1. Appeals to prurient interest under community standards.

• 2. Depicts offensive sexual conduct per state law.

• 3. Lacks serious value in literary, artistic, political, or scientific context.

Page 16: Key Areas of Media Law

• Personal Rights: Impact on individual freedoms.

• Intellectual Property Rights: Protecting creative works.

• News-Gathering Rights: Freedom to seek information.

• Defamation: Legal consequences of false statements.

• Copyright: Rights for creators to control reproduction.

• Sunshine Laws: Ensuring transparency in government actions.

• Trademark: Protecting brand identities.

• Freedom of Information Act: Access to government records.

• Patents and Shield Laws: Protecting inventions and journalistic integrity.

Page 17: Defamation Law

• Falsity of Claims: The First Amendment doesn’t protect false statements.

• Libel vs. Slander: Libel refers to written defamation, while slander refers to spoken.

• Definition of Defamation: False claims that can damage reputations.

Page 18: Private vs. Public Figures

• Legal Distinctions: Courts recognize a difference in defamation cases based on the public/private status of individuals.

Page 19: Defamation Criteria for Private People

1. Published.

2. Identifiable.

3. Incorrect.

4. Defamatory.

Page 20: Defamation Criteria for Public Figures

1. Published.

2. Identifiable.

3. Incorrect.

4. Defamatory.

5. Reckless Disregard for Truth: Proving actual malice is required for public figures.

Page 21: New York Times v. Sullivan (1964)

• Supreme Court Ruling: Public figures and officials must demonstrate actual malice to win libel cases.

Page 22: Right to Privacy

• Role of Privacy in Journalism: Journalists often pursue information that encroaches on privacy rights.

• 14th Amendment Influence: Although not explicitly mentioned, the concept of privacy is reinforced by the 14th Amendment.

Page 23: Copyright and Intellectual Property

• Definition of Copyright: Legal entitlement to reproduce a creative work.

• Duration of Copyright: Lasts for the author's lifetime plus 70 years.

• Patents vs Trademarks: Patents protect inventions, while trademarks protect branding elements (e.g., logos, phrases).

Page 24: Shield Laws

• Purpose of Shield Laws: Protect journalists from revealing sources.

• States with Laws: Approximately 40 states have enacted shield laws.

• Impact on Journalism: Shield laws encourage open dialogue with sources, vital to journalistic freedom.

Page 25: Sunshine Laws and FOIA

• Sunshine Laws: Mandate public disclosure of government meeting details.

• Freedom of Information Act (FOIA): Allows public access to federal agency records.

• Challenges in Access: Governments often resist releasing potentially damaging information.

Page 26: Evolving Definition of 'Press'

• Historical Meaning: Initially encompassed entities with printing presses.

• Modern Interpretation: Extends to radio, TV, blogs, and personal social media content, raising important issues of privacy, libel, and journalistic responsibility.