Media – Chapter 13 – Flashcards
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Censorship
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Defined by U.S Supreme Court as prior restraint of speech
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Absolute Privilege
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Prosecutors can legally accuse defendants of crimes in court without is being slander
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Libel
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A written or broadcast expression that defames someone's character Private individuals must prove falsehood, damages, and negligence
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Libertarian
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Model of expression tolerates all forms of speech, including pornography Highest level of press and individual freedoms for vigorous criticism of government; no restrictions at all
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Section 315 of the 1934 Communications Act
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requires broadcast stations to give all qualified political candidates an equal opportunity to obtain airtime
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Burstyn v. Wilson
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1952; Determined that film should be protected as a form of free speech
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Social Responibility
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Press is privately owned and obligated to support democratic principle of an informed citizenry; acts as the Fourth Estate, operating independently of government
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Authoritarian
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Printing licenses only give to those who said favorable things about the government; press owned by the elite; criticism and dissent were not tolerated
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State (Soviet-totalitarian or Communist Model)
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Press is state-owned and used to support the ideology of the communist government; close surveillance of the media by government
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New York Times v. Sullivan
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1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth
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Schenk v. United States
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1919; Supreme court ruled that the freedom of speech protection afforded in the U.S. Constitution's First Amendment could be restricted if the words spoken or printed represented to society a "clear and present danger"
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Progress Magazine
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1979; stated that they would publish info about the H-bomb They sent a draft to the Dept. of Energy, who asked the magazine not to publish it The magazine refused and the Dept. of Energy sued them During the case other magazines printed the info making the case pointless
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Pentagon Papers
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Top-secret documents, published by The New York Times in 1971, that showed the blunders and deceptions that led the United States into the Vietnam War Nixon tried to keep it from being published for National Security but the Supreme Court sided with the news paper
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Copyright Infringment
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Not protected under the U.S constitution A copyright legally protects the rights of the authors and producers to their published work before it enters public domain Parody is protected
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Infringment
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The appropriation of a writer/artist/producers work
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Miller v. California
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1973; Supreme Court that redified obscenity utterly without social redeeming value which lacks serious literary, artistic, plotical, or scientific value The Average person would find it overly sexual Whether the work has sexual content that goes against state law
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Right to Privacy
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Right of a person to be free from intrusion into personal matters Protected from public scrutiny Private communication is protected
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Mutual v. Ohio
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Supreme Court decided motion pictures weren't fully protected Ohio could totally censor movies and punish screening of unlicensed movies It was later over turned Lead to unspoken self-censorship rules known as Production Code (which became the Ratings System)
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Red Lion Broadcasting v. FCC
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1969; WGCB (in Red Lion, PA) refused to give air time to author Fred Cook who wanted to respond to criticism against him on the show FCC told WGCB to give him air time, the show refused Supreme Court sided with the FCC
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Miami Herold v. Tornilo
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1974; Granted political candidates criticized by any news paper the right to have a response published Herold challenged the statue as a violation of the First Amendment Circuit Court ruled is favor of Herold The Florida Supreme Court overturned CC US Supreme Court ruled in favor of The Herold
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FCC v. Pacifica
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1978; FCC has power to regulate Forbids use of "obscene, inherit, or bad language" No obscene language from 6 am to 10 pm
