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Absolute Privilege

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(Can freely make accusations against a defendant, reports can also print/broadcast statements made in court.) A defense against libel, prosecutors can freely make accusatory statements toward defendants (A key part of their job). Reporters who print or broadcast statements made in court are also protected against libel by this

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Options of court in high profile criminal cases

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(Protecting a defendant's rights to a fair & speedy trial.)

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The Pentagon Papers case

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(Press can publish any news/source without censorship or prior restraints) New York times & Washington Post stole & published secret Vietnam volumes. -Nixon Administration tried to shut down because it was "a national security risk" but Supreme Court sided with the newspaper 6-3 due to 1st Amendment rights -Case was dropped in 1973

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1st Amendment v. 6th

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Both clash with each other. 1st Amendment (Freedom of speech and press) 6th Amendment (Right to speedy & public trial by an impartial jury.) Gag orders, shield laws, & laws governing use of cameras in courtroom all put restrictions on speech & other forms of expression for the sake of the 6th Amendment rights.

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Prior restraint

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(Cant censor any publication or speech before it occurs) (A law has not been broken if an illegal act has not been committed.) 1st Amendment prohibits censorship defined as prior restraint (Ex cases: Pentagon Papers case & Progressive Magazine case)

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Progressive Magazine (national left-wing magazine)

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(H-Bomb information published case; Prior-restraint order used for the 1st time in US history) A federal district court action for concern that the magazine would publish information on how the H-bomb works...1st time in US history prior-restraint order imposed in the name of national security stopped initial publication of a news report.

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Charles T. Schenck

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(Socialist party leader, used leaflets to urge American men to protest the draft) -Sentenced to 10 years in prison, the leaflets were entitled to the 1st Amendment but only during times of peace. (Supreme Court showed the limits of the 1st Amendment)

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Copyright or intellectual property

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(Protects rights of published/unpublished works of authors & producers.)

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Shield laws in journalism

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Reporters do not have to reveal the sources of information they use in news stories. (Protects sources confidentiality) *No federal shield law in U.S.*

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Obscenity (offensive words or language)

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(Not protected by 1st Amendment)

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Communications Act of 1934

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Replaced the (FRC) Federal Radio Commission with the (FCC) Federal Communications Commission. (Combined & organized federal regulation of telephone, telegraph, & radio communications.)

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WikiLeaks

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(Is an organization that publishes secret information, news leaks, & classified media from anonymous sources.) Launched in 2007: -Generates headlines by publishing sensitive corporate communications & secret government documents provided by anonymous sources.

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1973 Miller v. California

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(New court definition of "obscenity") To meet 3 criteria; 1.) the average person find the material as a whole, appeals to incite lust. 2.) the material depicts/describes sexual conduct in a patently offensive way. 3.) the material as a whole lacks serious literacy, artistic, political, or scientific value.

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NY Times v. Sullivan

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(Actual malice standard) -City commissioner Sullivan sued New York Times for libel, claiming the Ad defamed him indirectly. He won & gained $500,000 Supreme court then claimed the Alabama libel law violated the New York Times 1st Amendment rights.

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Mutual v. Ohio

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(Censorship/freedom of speech in motion pictures) That films were "a business is pure and simple/ not a form of speech" & is not protected by the 1st Amendment

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Right to privacy

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(Privacy of a persons information & activities to not be public property; The right to be left alone.) Protects an individuals peace of mind and personal feelings.

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Dr. Sam Sheppard

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(Fair trial rights & free press) Initially convicted for the 1954 murder of his wife. & It produced a landmark U. S. Supreme Court decision on fair trial rights

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The Fourth Estate

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(Unofficial government branch, watchdog for the 3 government branches to make sure they don't abuse power; & tells citizens if power is abused) The following branches it watches: -Legislative -Judicial -Executive

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Aristotle (Golden Mean- ethical decision making for journalist)

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(Finding a moderate spot between 2 extremes is acting morally) Moral behavior is the median between 2 extremes: -One end is excess, the other end is deficiency. -To find a moderate position between those 2 extremes, you will be acting morally.

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The government & freedom of the press

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Protected by the 1st Amendment Sedition Act of 1801 (signed John Adams) tried to constrain 1st Amendment but expired & solidified U.S. support free press.

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Moral agency

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(Making moral judgements based on if its right or wrong and to be held accountable for those judgements) Moral agent- Someone who is capable of acting with reference to right & wrong

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Veil of Ignorance

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(Don't know anything about yourself or abilities) Rawls suggests that you imagine yourself in an original position. Behind this "Veil/Veil of Ignorance", you know nothing of yourself & your natural abilities, or your position in society, also you know nothing of your sex, race, nationality, or individual tastes.

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Categorical Imperative

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(Moral obligation...Act as you would want all other people to act towards all other people.) -Part of Kants improvement of the golden rule An unconditional moral obligation that is binding in all circumstances & isn't dependent on a person's inclination or purpose.

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Principle of Utility

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(Actions/Behaviors that are either right or wrong depending on if hey cause happiness/pleasure or not) Actions or behaviors are: Right if they promote happiness/pleasure & Wrong if they tend to produce unhappiness/pain.

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Plagiarism

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The practice of taking someone else's work or ideas and passing them off as one's own.

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Christian/Judeo values

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(Supports American politics, law, & morals, has been part of the "American civil religion" since the 1940s.) & Is of or relating to the religious writings, beliefs, values, or traditions held in common by Judaism & Christianity.

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Libel & Slander

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(Libel is essentially gossip, rumors, or other untruths that negatively impact a person's reputation.) To be exact; libel is a false statement that holds a person up to: -Public ridicule -Contempt, -Hatred -Injures a persons business/livelihood Libel= Defamation of someones character in written or broadcast form (Ex: falsely accusing someone of a crime (such as drug dealing) Slander= Spoken defamation

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Print & broadcast federal regulation

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Print media= (Unregulated)...Newspapers & magazines can print nearly anything as long as they don't slander anyone. Broadcast media= (Most government regulation) Radio & TV broadcasters must obtain a license from the government for the fact that by American law, the public owns the airwaves.

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The Potter Box (Developed by Ralph B. Potter)

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(Model for making ethical decisions.) -It is commonly used by communication ethics scholars.

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The Hutchins Commission (Part of social responsibility model)

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(Watches for press's influence increasing; made watchdog groups for the press) Examines the press's increasing influence; The commissions report called for the development of press watchdog groups, because the mass media had grown too powerful.

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Blacklisted

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Actors or movie extras (who have any size police reports), put on a list of people who initially will not be hired by any movie studios

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Fairness doctrine

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(Stations had to air programs of controversial issues in communities & have competing points of view during airtime.)

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Gag Orders

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(Speech restrictions on lawyers & witnesses; judge states that case can't be discuss in public.)

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Media people can carry out categorical imperative by____.

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Following what they would want to be universal law.

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Identifying & granting ownership of the given piece of expression ____ is designed to protect the creator's financial interest in that expression.

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Copyright

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Which model of expression tolerates all forms of speech including pornography?

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Libertarian

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T/F: As it was originally ratified by the States in 1788, the U.S. Constitution did not include a guarantee of freedom of the press.

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False

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T/F: One of the purposes of privacy laws is to prevent unauthorized use of a person's name or likeness for commercial gain.

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True

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T/F: Simply put, a public figure is an individual who has chosen to place him or herself in the public arena. Generally, public figures benefit from media exposure.

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True

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T/F: A soon to be released article seems to violate libel or obscenity laws, most U.S. courts would act to stop publication.

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False

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T/F: In the realm of media law, public figures and private citizens are given the same protections and standards as are privacy and libel

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False

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T/F: Broadcasters are no longer legally required to provide impeding points of view for airing programs about controversial issues.

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True

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In the Progressive Magazine case a federal district court took a course of action based on concerns that the magazine published ____.

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Information on how to make an H (Hydrogen) bomb.

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T/F: Students who quoted copyrighted sources in a term paper for class is technically violating the law.

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False

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T/F: In the free press fair trial debate, the 1st and 5th amendments are in conflict with each other.

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False

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The ____, a 3 step moral dilemma resolving process asks to have an imaginary conversation with all parties involved.

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Bok Model (Empathy for the people involved in ethical decisions & maintaining social trust is a fundamental goal)

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T/F: The Supreme Court has defined censorship as prior restraint.

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True

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T/F: In the United States, the socially responsible press is privately owned & functions as the fourth of state, an official branch of government that monitors the Legislative, Judicial, & Executive branches of government for abuses of power.

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False

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Question number 34

answer

Shelton states its B

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T/F: Currently both print journalists and broadcasters need federal licenses to operate their businesses.

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False

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T/F: Parodies & insults to public figures are protected from libel suits unless the statements cause emotional pain.

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False

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What ethical dilemma arises from placing too high of priorities on time management?

answer

Accuracy is jeopardized

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T/F: Public speech that causes someone damage or actual injury is libelous even if the speech in question is true.

answer

False

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A person acknowledging a potential dilemma or resolving the dilemma is called ____.

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Moral Agent

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T/F: Jason Blair, Janet Cook, & Steven Glass are critically acclaimed writers whose works were based on lies.

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True

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T/F: Machiavellian ethics allows the ends justifying the means. The success coming at the expense of others is permissible.

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True

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The 1st step in granting a criminal a defendant's right to a fair trial starts with the process of ____.

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Voir Dire (a preliminary examination of a witness or a juror by a judge or counsel.)

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T/F: According to a 20th century Supreme Court decision, the print media have received first amendment protections that are not always granted to broadcast media.

answer

True

question

It's been said that the television show & film "The Fugitive" were loosely based the case of Dr. Sam Shepherd in 1950s, a Cleveland area doctor who was accused of murdering his wife. In media law, his case is considered an issue of ____.

answer

Free press- fair trial

question

In 1947, this commission developed a press watchdog concept under the social responsibility model.

answer

Hutchins Commission

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The greatest good for the greatest number of people is the ____, and is associated with whom?

answer

Principle of Utility & John Stuart Mill

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T/F: The internet is subjected to the Communications Act of 1934.

answer

False

question

T/F: There is no federal shield law for journalism in the United States.

answer

True

question

Public Domain

answer

Post copyright period, it gives the public free access to artist/producers work.

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SOPA & PIPA

answer

SOPA (Stop Online Piracy Act) PIPA (Protect Intellectual Property Act)

question

Indecency (morally/sexually offensive quality)

answer

(No government censorship) However they may punish broadcasters after the fact for indecency

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Section 315

answer

(Equal opportunities & response time for candidates during elections)

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Actual Malice

answer

A reporter or editor either knew the statement was false & printed/broadcasted it anyway, or acted with a reckless disregard for the truth.

question

Authoritarian Model

answer

Tolerates little critics of government or public dissent.

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State Model

answer

Government controls the press & what it reports (Ex countries: China, Cuba, & North Korea.)

question

Social Responsibility Model

answer

Press is privately owned/ functions as the "Fourth Estate"

question

Libertarian Model

answer

(Criticism of government & supports full individual & press freedoms)

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Industry Self Regulation

answer

U.S. movie rating system is an example

question

The Pentagon Papers case involved which legal concern?

answer

Censorship

question

T/F: Charles T Shenchk guilty of violating alien and sedition act?

answer

False- Espionage Act

question

What model does china use?

answer

State model

question

Prosecutors can legally accuse people of crimes in court because of what loophole?

answer

Absolute Privilege

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Nielson Ratings

answer

(top 3 are; Ancestry.com, IHOP, & Trivago) 1.) Ancestry.com Online Genealogy Service 2.) IHOP Restaurants 3.) Trivago.com Online Travel 4.) Gain Laundry Detergent 5.) Bush's Beans

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