Comm Ethics Exam 3 – Flashcards
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American Booksellers v. Hudnut
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Hudnut is the mayor of Indianapolis. Sexual behavior and violence content will not be sold in city limits and it denies women their civil rights, but ABA argues for freedom of speech. The women in the materials are adults, though. Verdict in ABA's favor due to the law being poorly written due to it not taking into account the Miller Test.
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Cox TV v. Cohn
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teenager a victim of gang rape and is killed in Atlanta. Reporter at trial that have documents with her name on it. Reports it on Cox TV. Father sued under Georgia law saying not to reveal name. Court votes for the TV station, striking down the law. TV reporter got the information from an official government document. Dangerous to not allow them to reveal information from government records (freedom of information act).
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Zurcher v. Stanford Daily
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School newspaper covers police breaking up protest and it ends up getting violent. Police then want photographs of the protest in order to make arrests, but newspaper doesn't want to. Police gets the search warrant and they end up going to court. 1st and 4th Amendment are being threatened, no unreasonable searches and seizures. Zurcher states any American who has evidence should bring it forward, and that includes newsmedia. News media puts in money and lawyers (file paperwork) so that this won't be a precedent and officers do the same. The Police won the case. Congress ended up passing 1970 Protection Act in response in order to protect newsrooms for certain types of searches. Sopini must be recieved rather than just a warrant
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Cohen v. Cowles Publishing
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Cohen advisor for politicians. Told reporters negative information about other party's candidate under anonymity, reveal she was arrested twice. Petty crimes that didn't really matter. Editors at paper reveal the name before election day. Argued political speech to give voters all the information. Cohen sued for breech of an oral promise. Supreme Court voted for Cohen.
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Branzburg v. Hayes
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drug trafficking in Louisville. Branzburg a journalist. Hayes an anonymous source. Subpoena - under penalty if you don't comply. Court felt like journalist had to testify for crime. Stewart's Three part test. Ruled on the subject of free press, and established that reporters must testify based on their sources in federal court.
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Wilson v. Layne
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The police are in search for Wilson's son, a fugitive, so they go to his fathers house instead of the sons with guns out. The press takes a photo of Wilson and as a result Wilson sues for inviting the press especially since he his minding his business. Supreme court rules for Wilson, press is not a part of the police.
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Nebraska Press Association v. Stuart
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Stuart, a state district judge, entered a restraining order for the press due to the press having influence on the fairness of the trial of the 6 members of the Kelly family being killed. Press argues seek truth and report it, but the court jumped to censorship instead of trial court remedies. They put a gag on the press. In order to get a gag order issued Judge has to show 1. Pretrial/trial publicity is intense and pervasive 2. No alternatives to minimize trial publicity 3. Gag order will prevent publicity from reaching potential juries
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Richmond Newspapers v. Virginia
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Press doesn't want the court closed due to Seek Truth and Report it. Supreme court votes for Press due to presumptuely open: trials are usually presumed open
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Estes v. Texas
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Estes is arrested for a white collar crime, which received a lot of news coverage due to him being involved with Johnson (President) in business and politics for many years and reporters wanted to know if there was a connection. Estes says it wasn't a fair trial due to cameras all around and a camera man who was tired sat in the jury box. The argument of freedom of the press, people will act their best and their will be a higher quality of justice. Also someone might see the viewing and have information concerning to the case. The real essence of the trial is hard to film (truth and justice) and cameras usually gravitate towards the more emotional moments rather than what is important. Also it makes witnesses nervous and might cause people to not come forward.
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Sheppard v. Maxwell
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Sheppard, owner of a clinic, called the police and said there was an intruder in his wife's room where she had been left badly beaten to death. Since they were a popular family there was a lot of speculation and media coverage. It was reported that he came up with the story and that there was no intruder. They also said there might haven't been a mistress since he didn't seem sad. It gets to the Supreme Court 12 years later to look at whether it was a fair trial. It was ruled that the press didn't allow for a fair trial. It stayed in the news due to his 5yr old son spending the rest of his life trying to clear fathers name.
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Miller v. NBC
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Reporter does a piece on what its like to work under emergency medical care. NBC arrived at the Miller household because husband is having a heart attack. She later sues that they shouldn't have been there, she called 911 not the press. NBC says she never told them they couldn't be there. Rules in Miller's favor due to disorienting circumstances where she was frantic and too distracted with her husband having a heart attack.
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Journalist-source relationships
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Shield laws: protects rape victims from disclosing sexual history, witnesses revealing certain information, journalists from revealing sources 1980 Privacy Protection Act: subpoena must ordered not a warrant for search and seizure in the newsroom
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U.S. Justice Department guidelines on obtaining phone records of journalists, not-for-attribution
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New York Times reporter Myron Farber:
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Confessions and other examples of prejudicial information that could undermine the right of a defendant to a fair trial
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previous criminal history confessions (sometimes not admissable in court)-didn't have a lawyer present Evidence (illegally gathered)-can't be shown in court Life styles (up until 3 am with daughter home alone)-negative
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Sequestration and other tools used by trial court judges to minimize the danger that news reporting could undermine the right of a defendant to a fair trial
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Continuance- postponing, want people to calm down so the court isn't filled with turmoil Admonition- Judge would tell the jury not to look for anything about the case, only whats in the courtroom Jury Selection- lawyers weed out people who would vote against them Sequester the Jury- put the jury up in a hotel Change in venue- having the trial somewhere else
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Government documents and government meetings
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Freedom of Information Act: makes democracy work, not just for reporters. As a result of the Vietnam war not all the files should be labeled top secret, but there are some exemptions due to national security. Sunshine Law: laws that ensure public meetings are conducted in the opening. Executive Sessions: a closed meeting held by a government body such as a city council or school board
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Hicklin Rule
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Came from England, material will be declared obscene if it has a tendency to deprave and corrupt the minds that are the most vulnerable ex: children
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Roth Test
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1. The dominant theme of the material taken as a whole must appeal to an average person's prurient interest in sex. 2. It must be patently offensive because it undermines contemporary community standards 3. The material must have no redeeming values Must be taken as a whole unlike the Hicklin Rule The average adult rather than vulnerable
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Miller Test
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1. Material is obscene if the average person applied contemporary community standards taken the content as a whole prurient interest in sex 2. The work depicts in a patently offensive way, sexual conduct specifically defined by the applicable state law 3. The work in question must lack serious scientific, artistic, political, and literary value. "local"- obscenity is looked at locally because of different groups of people spread around the country
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Federal internet pornography laws- CDA
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-applied to any person -applied to any use of the internet -outlawed all indecent speech that was available to minors
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Federal internet pornography laws- COPA
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The Child Online Protection Act -limited to a person who knowingly causes material that is harmful to minors to be posted on the internet -applied only to speech intended for commercial purposes -outlawed only speech that was harmful to minors based on the definition of obscenity set out in Miller v. California
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Federal internet pornography laws- CIPA
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The Children's Internet Protection Act of 2000 -requires libraries to install filtering software on all their internet terminals as a condition for receiving federal funding
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Components and primary relationships of Religio-Moral Heresy (figure 6.1)
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False Doctrine: heresy- pagan religions Irreverent or impious expression: blasphemy- Comedians make fun of religion Profane and disgusting speech: cursing- slogan "**** the Draft" Sexual, sensual, and erotic communications: obscenity/pornography- sensual and explicit descriptions of sexual activity in modern novels Opinions and facts of science: sex education and theory of evolution- sex education pamphlets Dissenting views concerning private morality: presented in a nonerotic way- the opinion expressed by homosexuals that "gay is good"
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FOIA exemptions
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National Security: Agency personnel rules and practices: Records covered by other federal laws: Trade secrets: Privileged government communication: Confidential personnel and medical files: Confidential law enforcement records: Records concerning regulation of financial institutions: Oil well information:
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Controversy generated by film clips posted by Josh Wolf
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Josh Wolf served 226 days in prison from refusing to testify before a grand jury and surrender video footage he shot during a protest rally. He was a blogger who might not be protected especially since he didn't promise immunity to the protesters that he filmed.
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RICO
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Racketeer Influenced and Corrupt Organizations Act -allows the government to seize a person's assets if they are obtained through criminal activity.
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American Bar Association Rule 3.6
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Limber's son is abducted and then found killed causing lots of publicity. Movies are filmed inspired by the films shot in the courtroom. BAR Association looks into it and says its better not to have cameras in the courtroom. As a result there are no cameras in the courtroom for 25 yrs. After an airplane blows up, Mr. Grahm is arrested. Judge allows cameras as long as he has a switch. Find out that Mr. Grahm had taken out life insurance on his mom and put her on the plane. Cameras are not allowed in federal courts and states have different rules.
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Judith Miller
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a New York Times reporter who spent 85 days in jail when she refused to reveal the names of one of her sources to the police. Source told her Valerie Plame was an undercover CIA agent. Chief of Staff released her from her confidentiality pledge and then she agreed to testify before the federal grand jury.
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Must Carry Rule
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an FCC requirement that cable systems have to carry certain qualified local broadcast television stations.
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Epperson v. Arkansas
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A biology teacher challenges the law in arkansas that teaching the theory of evolution in public schools is illegal. Ruled that they were trying to censor a theory due to its conflict with the bible.
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Kinglsey v. Regents
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A New York film was denied a license due to it portraying sexual immorality that would corrupt morals. The court rejected the censorship because they saw that authorities were suppressing the idea that adultery under certain circumstances may be proper. Also won because of freedom of speech.
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Debate over verbatim quoting
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Quote directly. The words the source used are placed inside quotation marks. The quotation is, at least in theory, a verbatim transcript. Debate over correcting and tidying up quotes. Verbatim quotes shouldn't be used if they make the person sound stupid.
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Point of View piece by Jeffrey Fleishman, "Sometimes, Different Rules Apply"
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Fleishman writes an essay about covering the bombing of the federal building in Oklahoma city. Jannie Coverdale lost her two grandsons in the bombing. Reporters use notebooks to shield their feelings.
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Controversy over NBC's reporting on the massacre of 32 students at Virginia Tech
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The Virginia Tech shooter sent a package to NBC of videos, photos, and a manifesto. They aired it and as a response the public was angry especially since the media was focusing on the shooter rather than the victims, will this be the way others try to get their 15 seconds of fame? NBC's news president said they were answering the biggest question, why? He also said they used restraint on picking out the material. respect for those affected by it vs. obligation to report the news.
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Ethical challenge for Nancy Phillips, a Philadelphia journalist, reporting on the murder of the rabbi's wife
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Used Jenoff as her source for the rabbi's murder of his wife, but everything was off the record: Him being paid by the rabbi to arrange the murder. After convincing him to talk with a prosecutor and to wear a wire when discussing the subject with his accomplices he gave Phillips the go ahead to write about what they agreed was off the record. Ethical Challenge: -respect the confidence of the source. -who is the reporter's first loyalty? Moral obligation to step forward, but at the same time they are there to inform the people not the police. -cultivating the source, but at the same time maintaining a business relationship.
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Ethical concerns about news reporting by CBS of the video featuring Dr. Jack Kevorkian
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CBS aired a 60 min video of Dr. Kevorkian injected a man with potassium chloride who wanted to die. Did it for ratings. Kevorkian later was convicted of second degree murder.
