Campbell Chapter 16

 “All sorts of ideas, even false ones, should circulate freely in a democratic society and the truth will eventually emerge.”  - John Milton  This is the “self-righting principle”

 73% of the world’s population do not

 Authoritarian model  Communist model  Libertarian model  Social responsibility model

 Leaders believe that too much outspoken speech and press freedom would undermine stability  The general public “needs” guidance from the leaders

 Press works with gov’t  Does not “rock the boat”  Doesn’t dissent with leaders

 Gov’t controls the press  Agenda for papers controlled by gov’t & military  Dissent & get shot!

 No restrictions are placed on speech or expression  “places a great deal of trust in the citizen to distinguish fact from fiction”

 The idea that news should ◦ Be put in context ◦ Provide forums for exchange of ideas ◦ Be more diverse ◦ Be privately owned

 News functions as an unofficial branch of gov’t ◦ “The Fourth Estate” ◦ (monitoring the other three branches)

 What is the purpose of our news media?  Do they do a good job?

 Does the government have any control over what we see in the news?

 CNN sued for the right to show them

 Prior restraint: ◦ The government’s attempt to stop something BEFORE it is published

 If it protects national security  The Progressive magazine case “The H-Bomb Secret: How We got it and Why We’re Telling It” 1979

 NYT attempted to publish Defense Dept info re: the US activities in VietNam from  What happened?

 A good idea? Why or why not?  Gag order  Shield law

 (First Amendment vs Sixth Amendment)  All 50 states allow cameras in the courtroom

 Copyright infringement  Libel  Invasion of privacy  Obscenity

Slander!Libel!  Slander ◦ Defames someone ◦ spoken  Libel ◦ Defames someone ◦ Identifies them ◦ Is published or broadcast

 “A false statement that holds a person up to public ridicule, contempt, hatred or injures a person’s business or occupation.” ◦ It’s really, really hard to win a libel case

 The statement was true  It was a witness comment in a trial  It is comment or opinion on a public issue  NY Times vs Sullivan, 1964: ◦ Libel is much harder to prove if you are a public figure  If you are famous, you have to prove malice

 Sure! But attorneys have  Absolute privelege  and reporters have Qualified privelege

 Not much of a problem with broadcast media. ◦ Why not?

 “Indecent language or material is that which depicts sexual or excretory activities in a way that is offensive to contemporary community standards.”

 Banned music since the year 2000 Banned music since the year 2000 ◦ Songs Clear Channel stopped after  How the FCC describes it How the FCC describes it

Potentially offensive material can be broadcast from 10pm – 6am when kids are not likely to be watching or listening

 Required that broadcasters cover issues of public importance and be fair in that coverage  THE FAIRNESS DOCTRINE

 Ended in  Some what to revive it. ◦ What would be the effects?

 Copyright belongs to the creator until death plus 70 years  During this time, permission must be obtained to use/copy the material for free  Once the copyright expires, the material passes into the public domain, meaning it can be used without permission

 Fair Use ◦ Classroom use is okay

 Current ones began in 1968  1984: “PG-13” added ◦ “Poltergeist”, “Indiana Jones 2”  1990: “NC-17” added  Current push for the “Hard R”