chapter 14 notes

chapter 14 notes - Chapter 14 Law and Regulation Whats...

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Chapter 14 Law and Regulation What’s Ahead? • U.S. Constitution Sets Free Press Precedent • Government Tries to Restrict Press Freedom • Prior Restraint Rarely Used • Government Manages War Coverage • Librarians Resist the Patriot Act • What Is the Standard for Obscenity? • Libel Law Outlines the Media’s Public Responsibility • Invasion of Privacy Defined Four Ways • Debate Continues Over Fair Trial, Right of Access and Shield Laws • FCC Regulates Broadcast and Cable • Telecommunications Act of 1996 Changes the Marketplace • Deregulation Unleashes the Media • Congress Attempts to Use Communications Decency Act • TV Industry Agrees to Ratings and the V-Chip • Government Monitors Broadcast Indecency • Intellectual Property Rights Affirmed • Courts and Regulators Govern Advertising and PR • Law Must Balance Rights and Responsibilities Chapter Outline I. Introduction A. According to the New York Times v. Sullivan case, which helped define press freedom, the media’s role is to encourage “uninhibited, robust and wide open debate.” B. Media business that enjoys special trust under constitution 1. Legal and regulatory issues balance 1 st Amendment freedoms with the interests of individuals and the government. 2. courts right to information v. right to confidential source II. U.S. Constitution Sets Free Press Precedent A. The First Amendment established the concept that the press should operate freely. B. A discussion of the laws governing the press today can be divided into six topic categories. 1. Federal governmental restrictions
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2. Prior restraint 3. Censorship 4. Libel 5. Privacy 6. Right of access III. Federal Gov’t Restrictions A. Before 1964: 1 st Amendment faced four major federal government challenges. 1. The Alien and Sedition Laws of 1798 (fined and sentenced people who spoke, wrote or published “false, scandalous writings” against the government) 2. The Espionage Act of 1918 (passed during World War I prohibited helping the enemy; Socialist party leader Eugene V. Debs convicted) 3. The Smith Act of 1940 (required press to submit stories for censorship) 4. Red Scare : The Cold War congressional investigations of “communists” in the late 1940s and early 1950s (HUAC and Permanent Subcommittee on Investigations presided over by Senator Joseph McCarthy). IV. Prior Restraint Rarely Used A. 1931: the Supreme Court established the limited circumstances under which prior restraint—censoring information before publication—could be justified. 1. Near v. Minnesota , 1931 a) Saturday Press publish list of people violating Prohibition b) the government could limit information about troop movements during war and could control obscenity. B. 1971,
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This note was uploaded on 08/06/2011 for the course COMM 1301 taught by Professor Tj during the Spring '11 term at HCCS.

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chapter 14 notes - Chapter 14 Law and Regulation Whats...

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