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Marshall University—JMC 402 Law of Mass Communication—Professor Dan Hollis—Summer Intersession 2015
91
Journalism
Undergraduate 4
05/11/2015

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Cards

Term
First 5 Words of the First Amendment
Definition
"Congress shall make no law"
Term
5 Freedoms of the First Amendment
Definition
Assembly, Petition, Press, Speech, Religion
Term
Precedent
Definition
Established rules of law set by previous cases with similar facts and legal circumstances; almost always followed: judges determine whether they should follow it based on applicability, appropriateness, and advisability
Term
The decision to apply precedent is based on _____.
Definition
Applicability, Appropriateness, Advisability
Term
What must a case have to be used as precedent?
Definition
Similar Facts and Similar Legal Circumstances
Term
Prior Restraint
Definition
Stopping speech before it happens, instead of punishing unlawful speech; almost always unconstitutional, per the Supreme Court in Near v. Minnesota (1931)
Term
Near v. Minnesota
Definition
Prior restraint of speech is almost always unconstitutional. Supreme Court, 1931.
Term
Court: Prior restraint of speech is almost always unconstitutional
Definition
Near v. Minnesota. Supreme Court, 1931.
Term
What does "TPM" stand for?
Definition
Time, Place, and Manner Restrictions on First Amendment-protected communication activity
Term
When is a TPM restriction constitutional?
Definition
Content/viewpoint-neutral, not a complete ban (alternative offered), substantial state interest, narrowly tailored to not burden others (or even targets, more than it needs to)
Term
Hazelwood v. Kuhlmeier
Definition
Public K–12 school administrators can censor official school publications if certain conditions are met. Supreme Court, 1988.
Term
1931 Case? Holding(s)?
Definition
Near v. Minnesota, Supreme Court. Prior restraint of speech is almost always unconstitutional.
Term
1988 Case? Holding(s)?
Definition
Hazelwood v. Kuhlmeier, Supreme Court. Public K–12 school administrators can censor official school publications as long as certain conditions are met.
Term
Court: Public K–12 school administrators can censor official publications as long as certain conditions are met.
Definition
Hazelwood v. Kuhlmeier. Supreme Court, 1988.
Term
8 Elements of a Mass Media Libel Suit
Definition
DEFENDANT HARMS plaintiff by PUBLISHING a FALSE, DEFAMATORY, and UNPRIVILEGED alleged FACT that IDENTIFIES the plaintiff harmed
Term
Libel Element: Has the communication injured the plaintiff's reputation?
Definition
Defamation
Term
Libel Element: Has the communication been about the plaintiff?
Definition
Identification
Term
Libel Element: Has the communication been shared?
Definition
Dissemination or Publication
Term
Libel Element: Has the plaintiff been injured?
Definition
Harm
Term
Libel Element: Is the material false?
Definition
Falsehood
Term
Libel Element: Has the communication been presented as a fact?
Definition
Factual presentation
Term
Libel Element: Does the communication arise from privileged information?
Definition
Privilege
Term
Libel Element: Was the defendant at fault in some degree?
Definition
Fault
Term
New York Times v. Sullivan
Definition
Public officials (and public figures) must prove actual malice with convincing clarity to win a libel suit. Actual malice here means the publication of a falsehood with knowledge of falsity, or a reckless disregard of the truth. Supreme Court, 1964.
Term
Most Important Libel Case
Definition
New York Times v. Sullivan, Supreme Court, 1964
Term
2 Components of Actual Malice in a Mass Media Libel Suit by a Public Official (or Public Figure)
Definition
Publication of falsehood with knowledge of falsity, or reckless disregard for the truth
Term
What does a public official (or public figure) have to do to win a mass media libel suit? How do we know?
Definition
Prove actual malice with convincing clarity; actual malice is either publication of falsehood while knowing of its falsity, or reckless disregard for the truth. New York Times v. Sullivan, Supreme Court, 1964.
Term
What does the standard of "proving actual malice with convincing clarity" apply to? How is "actual malice" defined for this purpose? What case did these come from?
Definition
Mass media libel suits by public officials (or public figures). Actual malice is publication of false information with knowledge of its falsity, or reckless disregard for the truth. New York Times v. Sullivan, Supreme Court, 1964.
Term
4 Areas of Privacy Law with Defenses
Definition
(1) Intrusion on Physical Solitude— lacking reasonable expectation of privacy; (2) Publication of Private Facts Causing Embarrassment— newsworthiness or public records; (3) False Light; (4) Unauthorized Commercial Misappropriation— consent
Term
What are the defenses? Intrusion (Privacy Law)
Definition
Lacking reasonable expectation of privacy
Term
What are the defenses? Publication of Private Facts Causing Embarrassment (Privacy Law)
Definition
Newsworthiness or Public Records
Term
What are the defenses? False Light (Privacy Law)
Definition
None given
Term
What are the defenses? Misappropriation (Privacy Law)
Definition
Consent
Term
Lack of a reasonable expectation of privacy is a defense in what type of privacy suit?
Definition
Intrusion
Term
Newsworthiness or public records access are defenses in what type of privacy suit?
Definition
Publication of Private Facts Causing Embarrassment
Term
Which type of privacy suit has no given defenses?
Definition
False Light
Term
Consent is a defense in what type of privacy suit?
Definition
Misappropriation
Term
Privacy Case from West Virginia
Definition
Smith v. Daily Mail, Supreme Court, 1979
Term
Smith v. Daily Mail (1979) arose from where?
Definition
West Virginia
Term
Smith v. Daily Mail
Definition
Publication of most truthful information that was legally obtained and is about a newsworthy matter is not an invasion of privacy. Supreme Court, 1979.
Term
1979 case? Holding(s)?
Definition
Smith v. Daily Mail, Supreme Court. Publication of most truthful information that was legally obtained and is about a newsworthy matter is not an invasion of privacy.
Term
Name the case: Publication of most truthful information that was legally obtained and is about a newsworthy matter is not an invasion of privacy.
Definition
Smith v. Daily Mail, Supreme Court, 1979
Term
Laws of General Applicability
Definition
Laws that apply to everyone. Journalists must follow these during their newsgathering operation.
Term
Freedom of Information Act
Definition
(FoIA) Requires that a vast number of records kept by government administrative agencies be publicly available
Term
Statute requiring that a vast number of records kept by government administrative agencies be publicly available
Definition
Freedom of Information Act (FoIA)
Term
Sunshine Laws
Definition
Require that most government meetings be open to the public
Term
Type of statute requiring that most government meetings be open to the public
Definition
Sunshine laws
Term
Reporter's Privilege
Definition
Concept that reporters have at least a limited right to hold certain information confidential, even if asked for it by a judge
Term
Concept that reporters have at least a limited right to hold certain information confidential, even if asked for it by a judge
Definition
Reporter's privilege
Term
Shield Law
Definition
Statute that excuses journalists from revealing certain confidential information when asked to do so in court. WV has one that covers people whose livelihood comes from, at least in part, the gathering and dissemimination of news to the public. It also covers college students. There is no federal shield law because Congress can't agree on a definition of “reporter.”
Term
WV Shield Law
Definition
WV has one that covers people whose livelihood comes from, at least in part, the gathering and dissemination of news to the public. It also covers college students.
Term
Federal Shield Law
Definition
There is no federal shield law because Congress can't agree on a definition of “reporter.”
Term
Statute that excuses journalists from revealing certain confidential information when asked to do so in court
Definition
Shield Law
Term
DOJ Guidance on When to Issue a Subpœna to a Reporter
Definition
When the info sought is (1) specific, (2) essential, (3) unavailable elsewhere
Term
Nebraska Press Association Test
Definition
A gag order will issue when there is intense and pervasive prejudicial pretrial publicity, there is no good alternative, and the gag order will be effective. Nebraska Press Association v. Stuart, Supreme Court, 1976.
Term
A gag order will issue when there is intense and pervasive prejudicial pretrial publicity, there is no good alternative, and the gag order will be effective
Definition
Nebraska Press Association Test
Term
Nebraska Press Association v. Stuart
Definition
A gag order will issue when there is intense and pervasive prejudicial pretrial publicity, there is no good alternative, and the gag order will be effective. Supreme Court, 1976.
Term
1976 Case? Holding(s)?
Definition
Nebraska Press Association v. Stuart, Supreme Court, 1976. A gag order will issue when there is intense and pervasive prejudicial pretrial publicity, there is no good alternative, and the gag order will be effective.
Term
How long does a copyright last?
Definition
Life of author + 70 years
Term
What lasts life + 70 years?
Definition
Copyright
Term
Fair Use Doctrine
Definition
Anyone can make limited use of copyrighted works. Weighing test of purpose and character of the use (education vs. commercial, for example), the nature of the original work, the percentage of the original work copied in the use, and the effect of the use on the profits of the original work's owner(s).
Term
4 Considerations of the Fair Use Doctrine
Definition
Purpose and character of the use (education vs. commercial, for example), the nature of the original work, the percentage of the original work copied in the use, and the effect of the use on the profits of the original work's owner(s).
Term
Who regulates advertising?
Definition
Federal Trade Commission (FTC)
Term
Federal Trade Commission
Definition
Primary federal agency that regulates advertising
Term
FTC
Definition
Primary federal agency that regulates advertising
Term
What does “FTC” stand for?
Definition
Federal Trade Commission (FTC)
Term
Commercial Speech Doctrine
Definition
Established by the Supreme Court as a result of Central Hudson v. Public Service Commission (1980), provides that the government may regulate advertising that is false or misleading, deceptive or unfair, and advertising for unlawful goods or services. The government may also regulate advertising on the basis of a substantial government interest if the regulation will advance the interest and there is a reasonable fit between the interest and the regulation.
Term
Central Hudson v. Public Service Commission
Definition
Established the commercial speech doctrine, which provides that the government may regulate advertising that is false or misleading, deceptive or unfair, and advertising for unlawful goods or services. The government may also regulate advertising on the basis of a substantial government interest if the regulation will advance the interest and there is a reasonable fit between the interest and the regulation. Supreme Court, 1980.
Term
1980 Case? Holding(s)?
Definition
Central Hudson v. Public Service Commission, Supreme Court. The government may regulate advertising that is false or misleading, deceptive or unfair, and advertising for unlawful goods or services. The government may also regulate advertising on the basis of a substantial government interest if the regulation will advance the interest and there is a reasonable fit between the interest and the regulation.
Term
Do PR activities constitute commercial speech?
Definition
I don't know. The Supreme Court has not answered that question.
Term
Federal Communications Commission
Definition
Primary federal agency that regulates broadcast media
Term
FCC
Definition
Primary federal agency that regulates broadcast media
Term
What does “FCC” stand for?
Definition
Federal Communications Commission
Term
Broadcasters must operate for _____
Definition
PICON: Public Interest, Convenience, Necessity
Term
PICON
Definition
What broadcasters aim to operate for
Term
What does “PICON” stand for?
Definition
Public Interest, Convenience, Necessity
Term
Public Interest, Convenience, Necessity
Definition
PICON, which broadcasters must operate for
Term
What does the FCC consider indecency?
Definition
“language that describes in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities and organs.”
Term
“language that describes in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities and organs.”
Definition
FCC definition of indecency
Term
FCC v. Pacifica
Definition
Indecency regulations don't violate the First Amendment. Supreme Court, 1978.
Term
What case provides that indecency regulations don't violate the First Amendment?
Definition
FCC v. Pacifica, Supreme Court, 1978.
Term
1978 Case? Holding(s)?
Definition
FCC v. Pacifica, Supreme Court. Indecency regulations don't violate the First Amendment.
Term
6 AM to 10 PM
Definition
When indecency isn't allowed in broadcast media
Term
When isn't indecency allowed in broadcast media?
Definition
6 AM to 10 PM
Term
6 Things without First Amendment Protection
Definition
Child Pornography, Extortion, Fighting Words, Obscenity, True Threats, Sexual Harassment
Term
Child Pornography
Definition
No First Amendment Protection
Term
Extortion
Definition
No First Amendment Protection
Term
Fighting Words
Definition
No First Amendment Protection
Term
Obscenity
Definition
No First Amendment Protection
Term
True Threats
Definition
No First Amendment Protection
Term
Sexual Harassment
Definition
No First Amendment Protection
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