Legal Controls Brief History

Print Alien and Sedition Acts first effort to control press led to Supreme Court protections you can speak against government Prior Restraint—government prevents something from being written or spoken Protected by First Amendment

Broadcasting FCC Communications Act of 1934 Public interest, convenience, and necessity License renewal depends upon it Section 315 Candidates receive equal amounts, billing, and costs Excludes certain news programs

Broadcasting Fairness Doctrine 1949 FCC encourages stations to speak of controversial issues and give equal time to opposing viewpoints Dissolved in 1987 Censorship Carlin 1978 (see video)

Court Regulations Closed Hearings Gag Orders Disclosing Sources Televising Trials

Obscenity Reasonable Person Standard 1987 Meese 1986 Report on Pornography

Protecting the Public Libel—the defamation on a person’s character through the print or broadcast media Truth—absolute defense Privileged Statements—legislative, judicial, other public proceedings are exempt Fair comment and criticism—criticism ok as long as it is marked as opinion

Protecting the Public Absence of malice—public officials must prove malice/intent for libel Punitive damages—monetary settlement for libel

Privacy Intrusion—private property without permission--paparazzi Public disclosure—reveal embarrassing personal information False light—incorrectly placing person in situation Commercial exploitation—name or image without consent—Spike TV

Invasion of Privacy Defense Newsworthiness—in the public interest Consent—signed contract Truth—not necessary FOIA—1966 government must declassify information that is not sensitive to public safety