Media Regulation GOVT 2305, Module 7

Is publishing this legal?

How about this?

Or this?

Or this?

Freedom of the Press The U.S. Constitution guarantees freedom of the press in the First Amendment. Congress shall make no law . . . abridging the freedom of . . . the press . . . All of the images in the previous slides are legal to publish in the United States. A free press is essential to democracy.

Press Freedom The U.S. news media are free to report the news and criticize government programs and officials without fear of punishment or retaliation, even if the criticisms are unfair or untrue. The courts have recognized only a few limitations on press freedom: Defamation of character Obscenity National security

Defamation of Character Definition: False written or spoken statements that lower a person's reputation or expose a person to hatred, contempt, or ridicule. In the United States, people can’t go to jail for defamation, but they can be sued for monetary damages. The party bringing the lawsuit has to prove that the statements are false and they have to establish monetary damages in order to collect.

Obscenity Material that is legally obscene is not protected by the First Amendment. In contrast to defamation, obscenity offenses fall under the criminal law. People convicted of possession, transporting, selling, publishing, and broadcasting obscenity can be fined and imprisoned. The problem for the Courts, however, is defining obscenity.

The Miller Test In order for material to be legally obscene, it must meet all three elements of the following criteria: It must depict or describe sexual conduct. Although depictions of graphic violence may offend many people, the legal definition of obscenity does not encompass violent images. The material must be such that the "average person, applying contemporary . . . standards, would find that the work taken as a whole appeals to prurient interest." (The word prurient is defined as an excessive interest in sex.) The work taken as a whole must lack serious literary, artistic, political, or scientific value.

Deep Throat Prosecutions The obscenity prosecutions of Deep Throat in the 1970s were the last serious prosecutions of adult pornography. Repeated prosecutions of Houston theater owners for showing Deep Throat failed when each jury deadlocked, hung juries, so to speak. Deep Throat was seen by thousands of Houstonians.

Obscenity Prosecutions Rare With the exception of cases involving child pornography, obscenity prosecutions today are rare and seldom successful.

National Security and the Press The news media have the right to publish information free of government censorship with the exception of materials that pose a direct threat to national security, such as information about troop movements during time of war.

Edward Snowden and Press Freedom Edward Snowden can be prosecuted for leaking classified information about U.S. government surveillance programs but it is highly unlikely that any media outlet will be prosecuted for publishing the leaks.

The FCC is NOT a political censor. The Federal Communication Commission (FCC) regulates the broadcast media, but not the print media. FCC regulation is mostly technical, focusing on broadcast frequencies, station power, the number of commercials per hour, and indecency. The FCC is NOT a political censor.

Indecency The wardrobe malfunction from the 2004 Super Bowl. It is a violation of federal law for network television to air obscene programming at any time. It is also a violation of federal law to broadcast indecent or profane programming during certain hours. The FCC enforces the law. Indecent material is not necessarily legally obscene material. Indecency is a much lower standard than the standard for obscenity. Printing this photo, and MUCH more, is not illegal. Whereas the FCC may consider this image indecent, it does not come close to being legally obscene.

Broadcast (but not print) media must sell to all candidates. Equal Time Rule Some FCC regulations affect broadcast content. The equal-time rule is an FCC regulation requiring broadcasters to provide an equivalent opportunity to opposing political candidates competing for the same office. Broadcast (but not print) media must sell to all candidates.

What is the rationale for shield laws? A shield law is a statute that protects journalists from being forced to disclose their sources of confidential information in a legal proceeding. A majority of states, including Texas, have enacted shield laws but not the federal government. To protect news sources What is the rationale for shield laws?

What We Have Learned What Constitutional provision addresses the role of the news media? Are the news media free to criticize the government, even if the criticisms are unfair or untrue? What if any limitations have the courts recognized as legitimate restrictions on the press? What is defamation of character? What is the legal standard for definition obscenity (the Miller test)? How does national security limit the freedom of the press? What is the FCC? What does it regulate? What is the Equal Time Rule? What are shield laws?