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Exam 2
FCC
88
Law
Undergraduate 4
10/27/2011

Additional Law Flashcards

 


 

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Term
Privacy
Definition
Covers issues like workplace privacy, personal privacy, and electronic privacy
Term
Workplace Privacy Example
Definition
employer's right to administer drug tests to its employees, record their phone conversations, or examine their electronic mail
Term
Personal Privacy Example
Definition
school's right to administer drug test to its athletes
Term
Electronic Privacy Example
Definition
law enforcement agencies' right to wiretap the telephones of criminal suspects
Term
Constitutional Origins
Definition
Privacy can't be found in the Constitution or amendments
Term
Warren and Brandeis Article
Definition
Samuel Warren and Louis Brandeis published Harvard Law Review and claimed that advances in technology and voyeurism of the press meant that some regulations were required to protect individual privacy. People have the right to be left alone
Term
Prosser Article and Book
Definition
Established four categories of privacy law: false light, private facts, intrusion, and appropriation
Term
False Light
Definition
presentation of info about a person in a news story or other medium in a manner that may not be inaccurate but is misleading or exaggerated
Term
Spahn v. Messner
Definition
Julian Messner wrote a book about Warren Spahn, who was a pitcher for the Atlanta Braves based off of newspaper clippings and secondary sources. The book exaggerated Spahn's accomplishments as an athlete and soldier.The book included fictional dialouge and Spahn sued for false light. Won case.
Term
Time v. Hill
Definition
The Hill's home was invaded in 1952 and the convicts held the family hostage. Life magazine created an article and made the situation seem more violent than it really was. The Hill's sued Life magazine (owned by Time) but lost the case because they couldn't prove actual malice. This was the first application of the actual malice rule.
Term
Cantrell v. Forest City Publishing (1974)
Definition
A bridge collapsed and a reporter for the Cleveland Plain Dealer tried to interview a woman who's husband died. She was unavailable so he got quotes from other sources and made the family seem impoverished. Family sued the Plain Dealer and run because the reporter knew the info in his story was false but wrote it anyway.
Term
Private Facts
Definition
-would be highly offensive to a reasonable person
-are not of legitimate interest to the public
Term
3 ways private facts are different from libel
Definition
1. libel cases deal with falsehoods and private facts deal with info that is truthful
2. libel claims are based on how the others view the plaintiffs, but private facts cases deal with how the plaintiffs view themselves
3.a defendant in a private facts case cannot use truth as a defense
Term
4 common defenses journalists use in private facts cases
Definition
1. newsworthiness
2.public domain
3. info isn't considered highly offensive
4. consent
Term
newsworthiness
Definition
typically, once a person becomes newsworthy they will always be newsworthy.newsworthy material varies from different places, so courts generously allow media to determine what's newsworthy and what isn't
Term
public domain
Definition
info must be accurate and legally obtained. this is news that's been previously published, broadcast, or is generally known
Term
Consent
Definition
once you give consent during an interview it cannot be withdrawn
Term
Hicklin Test
Definition
if any portion of material was judged obscene, the entire book was declared obscene.
Term
U.S. v. One Book called Ulysses (1933)
Definition
-need to look at the whole thing, not just a piece of it.
-came from a CoA decision
Term
Roth vs. United States (1957)
Definition
-Supreme Court decision
-rejected the Hicklin test saying "whether to the average person applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest.
Term
Prurient
Definition
getting excited by something but feeling dirty about it
ex: child porn, sleeping with dead people
Term
Miller v. California (1973) SCotUS
Definition
New definition of obscenity:
-Roth definition w/o the dominant theme
-whether work depicts or describes in a patently offensive way, sexual conduct specifically defined by the applicable state law
-whether work, taken as whole, lacks serious literary, artistic, political, or scientific value
-must say yes to all three before declaring something obscene
Term
Patently Offensive Material
Definition
-representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or
-representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals
Term
George Carlins case
Definition
-radio show played clip giving a warning of bad language.
-one complaint by a parent who's 15 y.o heard the clip
Term
George Carlins-FCC order
Definition
-broadcast declared indecent
-FCC wants to protect kids
-didn't say you couldn't broadcast the material, but suggested you did at night
Term
Indeceny
Definition
defined as language that "describes in terms patently offensive as measured by contemporary community standards for broadcast medium, sexual or excretory activities or organs at times of day where there's reasonable risk that children may be in the audience
Term
FCC v. Pacifica Foundation DC CoA
Definition
-FCC order reversed
-order was in direct violation of sec. 326 of communications act
Term
FCC vs. Pacifica Foundation (1978) SCotUS
Definition
-original FCC order upheld
-channeling doesn't equal censorship
-safe harbor hours concept upheld
Term
Action for Children's Television v. FCC (Act 1)
Definition
-July 1988- DC CoA rules on FCC's new indecency regulations
-new safe-harbor hours not upheld
-indecent speech protected under the 1st amendment
Term
Jesse Helms
Definition
-24 hour indecency ban
-stuck bill on a federal budget bill and it got passed
Term
ACT vs FCC (Act 1 Part 1)
Definition
-DC CoA stays the ruling as violation of 1st amendment protection
-Children were consider 16 and younger
-5-0 vote in favor of 24 hr ban
Term
ACT vs. FCC (Act 2 Part 2)
Definition
May 1991: DC CoA erases 24 hr ban
-Safe harbor back to 10-6am
Term
Telecommunications Act of 1992
Definition
-safe harbor hours changed to midnight to 6am
-noncommercial broadcaster that goes off at midnight has safe hours starting at 10
-these safe harbor hours with exceptions were passesd in Jan. 1993
-in Nov. 1993, DC CoA strikes down indecency ban during 6am to midnight
Term
ACT vs. FCC (Act 3)
Definition
-July 1995: DC CoA
-all judged on bench heard case en banc
-safe harbor concept constitutional but exceptions are not
-decision uphelp in 1996 and safe harbor hours went back to 10-6
Term
Telecommunications Act of 1996
Definition
-Max fine for obscenity was $100,000
-gave cable operators right to refuse certain obscene/indecent programs
-indecency fines on per utterance basis
Term
TCom Act FCC rules
Definition
-prohibits profanity
-can never say "fuck"
-indecency by innuendo is a violation
-tapes or transcripts no longer required for complaints
-affiliates can be fined for network programs containing indecent/obscene material
Term
Denver Area Educational Telecommunications Consortium v. FCC (1996) SCotUS
Definition
-cable operators given right to refuse public/leased access programs that they consider obscene/indecent
-cable can't prevent indecent programming on public educational and government channels
-cable can't be required to segregate and block patently offensive material on leased access channels
Term
Reno v. American Civil Liberties Union (1997) SCotUS
Definition
voted 7-2 to strike down portion of TCOM Act of '96 regulating indecent speech on the internet
Term
US v. Playboy (2000) SCotUS
Definition
-struck down rule that states that unblocked or unscrambled indecent/obscene material can only be shown from 10-6
-the show used to play 24/7
Term
2006: George Bush signs into law the "Broadcast Decency Enforcement Act"
Definition
-raised max fine for indecency from 32500 to 325000
-this was due to the Janet Jackson boob slip
Term
2004: FCC adds fleeting expletives to be considered as actionable indecency
Definition
-anything indecent was fineable
-it was later found unconstitutional
Term
Syndicated Exclusivity
Definition
-to protect local broadcasters against other broadcast stations that are brought into cable market
-if local and cable station are playing same show at same time, local station can have it blocked from cable
Term
Format Control
Definition
-for people applying for license for public airwaves
-FCC decides they want to add criteria for license, as long as they add it for everyone, they are free to do so
Term
Citizens to Save WEFM v. FCC (1974) DC CoA
Definition
-made decision to allow license transfer
-market forces-dictated format serves the public interest standard
-FCC not required to analyze the listening market in every licensee's community
Term
FCC v. WNCN Listeners Guild (1981) SCotUS
Definition
-FCC not obligated to hold hearings on station's format change in order to approve it
Term
Content Regulation
Definition
-rules on obscenity, indecency, and profanity are content regulation
-all for "protecting children"
Term
Children's Programming Regulations
Definition
1990: Children's Television Act
-broadcasters must serve the educational and informational needs of children
-cognitive and intellectual, social and emotional
Term
KSHE-FM, St. Louis hoaxes and pranks case
Definition
-pretended there was a nuclear attack
-$25,000 fine
Term
KROQ-FM, Los Angeles hoax and pranks case
Definition
-guy called station saying he killed his gf after cheating but it was fake
-declared as hoax
Term
Protecting yourself as a licensee
Definition
-licensee took precautions:
have policy banning any type of activity w/o management approval
communicate and enforce and document policy to staff
no history of problems
licensee took prompt corrective action
Term
What is ownership?
Definition
-5% of broadcast media company = owner
-passive investors may own up to 20%
5% of cable media company = owner
Term
Multiple Owners- Television
Definition
-current cap: 39% of US homes
-trying to promote different voices
-allowed to own one station per market
Term
Differences between contests and lotteries
Definition
-contests legal, lotteries are not
Term
Lottery
Definition
Must have:
-prize (status conferral function and anything of value offered to a contestant)
-chance (chance of winning)
-Consideration (any item of value or even substantial expenditure of time or effort that is required to enter the contest)
MUST have all three of these to be a lottery
Term
FCC Requirements for Contests: Publicize the basic elements of contest
Definition
-how to enter
-deadline
-eligibility restrictions
-prize offered
Term
FCC Requirements for Contests: Conduct the contest exactly as advertised
Definition
-IRS gets involved if over $600
-MI law: unless on reservation or at casino, gambling is illegal
Term
Contest record-keeping
Definition
Separate file for every contest saying
-rules
-on-air rules announcements
-receipt/release for winner
-complaints/responses
-ads/flyers used in promotion
Term
Non-commercial donor announcements cannot include...
Definition
-call to action
instruction to a listener to do something related to a commercial
promotion vs. identification: suggesting another quality that another commercial entity might not have, price or discount info, instructive language
Term
Non-commercial donors may include...
Definition
-logo/slogan
-address, phone number, website
value-neutral product/service description
Term
Sponsorship identification includes...
Definition
-announcement of sponsorship
-identification of the sponsor
-record keeping
-disclosure of the true identity of the sponsor
Term
Sponsorship identification must be given any time...
Definition
-someone in a position to influence program content
-receives something of value
-in exchange for including matter in a program intended for broadcast
Term
Sponsorship identification rules...
Definition
-Act applies to everyone TV/Radio, Commercial/non-commercial
-can't be bought out by someone to play their stuff
Term
Payola
Definition
bribery of an influential person in exchange for the promotion of a product or service, such as that of disc jockeys for the promotion of records
Term
Plugola
Definition
bribery of an influential person in exchange for the on-air mention and endorsement of a product or service
-person is being paid to lie to you
Term
Drugola
Definition
individuals paid for their cooperation with drugs
Term
Invasion of Privacy
Definition
-right to be left alone
-privacy laws are different for every state
Term
Privacy law identifies four distinct legal wrongs
Definition
-appropriation (taking person's name/photo and using it w/o their permission)
-likeness
-advertising or trade purposes (ex: Vanna White)
-Consent (can be withdrawn at any time even if money has been exchanged, person must be 18+, must be mentally competent
Term
Intrusion
Definition
-wire taping
-public spaces can't be intruded upon
Term
Newsworthy Story
Definition
-nature of story
-who's the subject? Is it a public figure?
-how humiliating is the subject
Term
Barber v. Time (1942)
Definition
-woman in hospital was compulsive eater. She was interviewed and took pic against will. Time magazine made story like she was a big joke. She sued and won.
-Court said info about person's medical treatment lies at core of right to privacy
Term
Daily Times Democrat v. Flora Bell graham (1964)
Definition
-woman's dress flew up. she didn't realize and her picture was on the front page of the paper. she sued and won because the photo was embarrassing
Term
Ruth Shulman v. Group W. Production (1998)
Definition
-reporters filmed accident and used footage of an interview with distraught victims.
-Shulman won because there is no newworthiness in showing terror and confusion victims went through.
Term
Payola
Definition
bribery of an influential person in exchange for the promotion of a product or service, such as that of disc jockeys for the promotion of records
Term
Plugola
Definition
bribery of an influential person in exchange for the on-air mention and endorsement of a product or service
-person is being paid to lie to you
Term
Drugola
Definition
individuals paid for their cooperation with drugs
Term
Invasion of Privacy
Definition
-right to be left alone
-privacy laws are different for every state
Term
Privacy law identifies four distinct legal wrongs
Definition
-appropriation (taking person's name/photo and using it w/o their permission)
-likeness
-advertising or trade purposes (ex: Vanna White)
-Consent (can be withdrawn at any time even if money has been exchanged, person must be 18+, must be mentally competent
Term
Intrusion
Definition
-wire taping
-public spaces can't be intruded upon
Term
Newsworthy Story
Definition
-nature of story
-who's the subject? Is it a public figure?
-how humiliating is the subject
Term
Barber v. Time (1942)
Definition
-woman in hospital was compulsive eater. She was interviewed and took pic against will. Time magazine made story like she was a big joke. She sued and won.
-Court said info about person's medical treatment lies at core of right to privacy
Term
Daily Times Democrat v. Flora Bell graham (1964)
Definition
-woman's dress flew up. she didn't realize and her picture was on the front page of the paper. she sued and won because the photo was embarrassing
Term
Ruth Shulman v. Group W. Production (1998)
Definition
-reporters filmed accident and used footage of an interview with distraught victims.
-Shulman won because there is no newworthiness in showing terror and confusion victims went through.
Term
Fictionalization
Definition
-piece of info you don't know for a news story so you make something up, the story's no longer considered news
-this is why you never see reenactments
Term
False Light
Definition
-info published about someone that falsely portrays a person
-can't use footage of something and use it to create a false story
Term
Three conclusions for a broadcaster
Definition
-only people have a right to privacy
-privacy law allows a person to seek injunction to stop an invasion
-dead person can't be libeled
Term
Rule of Delayed Consent
Definition
only use part of recording after person gives you consent. if they give you consent midway in an interview you can only use the portion they consented to
Term
Rule of Implied Consent
Definition
you're informed you're calling the studio number to talk to the DJ on-air.
Term
Rules for Broadcasters
Definition
-Need to get written or verbal consent from all parties before the call is recorded
-whatever device is used to record calls can't be permanently attached
-Federal Law requires prior consent of one party before recording a call.
38 states enforce fed. law as written
12 states (including MI) require consent of all parties before recording a call
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