Media Law Media Law

First Amendment First Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

U.S. Constitution U.S. Constitution First Amendment First Amendment Bars government from limiting free expression Bars government from limiting free expression Became part of the Constitution in 1781 Became part of the Constitution in 1781 Set the US apart from all other nations at the time, guaranteeing government would not interfere with free expression Set the US apart from all other nations at the time, guaranteeing government would not interfere with free expression

Copyright Copyright Copyright laws prohibit the unauthorized recreation of intellectual property (books, music, movies, and other creative productions) Copyright laws prohibit the unauthorized recreation of intellectual property (books, music, movies, and other creative productions) How copyright works How copyright works All intellectual properties have copyright protection the moment they are created All intellectual properties have copyright protection the moment they are created Copyright laws protect the author for a lifetime plus an additional 70 years after the author’s death Copyright laws protect the author for a lifetime plus an additional 70 years after the author’s death

Copyright Copyright Copyright and the Web Copyright and the Web Digital Millennium Copyright Act of 1998 Digital Millennium Copyright Act of 1998 Provides protection for companies who post information on the Web Provides protection for companies who post information on the Web Music Licensing Music Licensing Music licensing organizations protect artists and their music Music licensing organizations protect artists and their music The largest licensing organizations are American Society of Composers, Authors and Performers (ASCAP) and Broadcast Music Inc. (BMI) The largest licensing organizations are American Society of Composers, Authors and Performers (ASCAP) and Broadcast Music Inc. (BMI)

Privacy Law Privacy Law Idea that people have a right to limit intrusions on their privacy Idea that people have a right to limit intrusions on their privacy Intruding on solitude Intruding on solitude Courts recognize a person’s right to solitude and will punish reporters who go too far. Courts recognize a person’s right to solitude and will punish reporters who go too far. Reporters are free to pursue stories in public settings or when invited into private areas for stories. Reporters are free to pursue stories in public settings or when invited into private areas for stories.

Prior Restraint Prior Restraint Public Nuisances Public Nuisances A law that allowed authorities to shut down obnoxious newspapers A law that allowed authorities to shut down obnoxious newspapers Government has the right to remove things that are against the common good Government has the right to remove things that are against the common good Prior restraint, which is prohibiting expression in advance, was disallowed under the U.S. Constitution Prior restraint, which is prohibiting expression in advance, was disallowed under the U.S. Constitution Protection for the press is not absolutely unlimited Protection for the press is not absolutely unlimited

Prior Restraint Prior Restraint National Security National Security The Supreme Court has been consistent in that the government has a censorship right when national security is at stake. The Supreme Court has been consistent in that the government has a censorship right when national security is at stake. Military Operations Military Operations U.S. has required correspondents to submit their copies for review before transmission U.S. has required correspondents to submit their copies for review before transmission Pool reporters, selected reporters who share stories and photos with others, are allowed. Pool reporters, selected reporters who share stories and photos with others, are allowed. “Fire!” in a crowded theater “Fire!” in a crowded theater Clear and present danger (a long-lived justification for government prior restraint) Clear and present danger (a long-lived justification for government prior restraint)

Prior Restraint Prior Restraint Courts drawing the line between public and private Courts drawing the line between public and private Hospital room is considered private. Hospital room is considered private. Private business is considered private. Private business is considered private. Expectation of privacy can go either way. Expectation of privacy can go either way. Harassment Harassment A person surrenders most privacy protections in public places unless hounded mercilessly. A person surrenders most privacy protections in public places unless hounded mercilessly. Harassment is considered “going far beyond the reasonable bounds of news gathering.” Harassment is considered “going far beyond the reasonable bounds of news gathering.” Bad tendency test (early justification for government prior restraint) Bad tendency test (early justification for government prior restraint)

Journalism Law Journalism Law Court Coverage Court Coverage News media have freedom to cover events, however, sometimes this creates chaos. News media have freedom to cover events, however, sometimes this creates chaos. Sunshine Laws Sunshine Laws Require government meetings, documents be open to the public. Require government meetings, documents be open to the public. Freedom of Information Act was passed in 1966, specifying how people could request documents. Freedom of Information Act was passed in 1966, specifying how people could request documents. Confidential Sources Confidential Sources Several states adopted “shield laws” which allows journalists to protect identification on confidential sources. Several states adopted “shield laws” which allows journalists to protect identification on confidential sources.

Slander and Mass Media Slander and Mass Media Libel Libel A written defamation A written defamation New York vs. Sullivan (became a landmark in libel law and was a libel case that largely barred public figures from the right to sue for libel). New York vs. Sullivan (became a landmark in libel law and was a libel case that largely barred public figures from the right to sue for libel). Fair Comment and Criticism Fair Comment and Criticism Doctrine that permits criticism of performers, performances Doctrine that permits criticism of performers, performances Cherry Sisters (1901, were desperate for respect, decided to sue the next newspaper reviewer who gave them a bad notice). Cherry Sisters (1901, were desperate for respect, decided to sue the next newspaper reviewer who gave them a bad notice).

Slander and Mass Media Slander and Mass Media Trespass, Fraud and Libel Trespass, Fraud and Libel 1998, Utah Restaurant Association sued television station KTVX for report on roaches in restaurant kitchens and unsanitary food handling and storage. This was considered trespassing. 1998, Utah Restaurant Association sued television station KTVX for report on roaches in restaurant kitchens and unsanitary food handling and storage. This was considered trespassing. ABC had committed fraud by sending undercover reporters to get the Food Lion payroll to investigate the back rooms. ABC had committed fraud by sending undercover reporters to get the Food Lion payroll to investigate the back rooms.

Censorship Censorship Communications Decency Act Communications Decency Act Created in 1996 to keep dirty material on the Web away from children Created in 1996 to keep dirty material on the Web away from children Two flaws: defining indecency and possibility of denying questionable material to children without restricting freedom of speech for adults. Two flaws: defining indecency and possibility of denying questionable material to children without restricting freedom of speech for adults. The Act never passed. The Act never passed. Local Censorship Local Censorship Many counties tried restricting sexually explicit publications (with little success). Many counties tried restricting sexually explicit publications (with little success). “War Zones” were created (neighborhoods where pornography is permitted) “War Zones” were created (neighborhoods where pornography is permitted)

Censorship Censorship Library and School Boards Library and School Boards Sometimes libraries keep certain books off shelves because they offend the majority of the library board. Some school boards try to ban certain books, with little success. Sometimes libraries keep certain books off shelves because they offend the majority of the library board. Some school boards try to ban certain books, with little success.

Important People Important People John Perry Barlow John Perry Barlow Co-founder of Electronic Frontier Foundation Co-founder of Electronic Frontier Foundation He doubts the traditional notion that creativity is dependant on financial incentive created by copyright law. He doubts the traditional notion that creativity is dependant on financial incentive created by copyright law. James Madison James Madison Author of First Amendment Author of First Amendment Benjamin Gitlow Benjamin Gitlow His appeal resulted in a ban on state laws that restrict free expression His appeal resulted in a ban on state laws that restrict free expression

Important People Important People Charles Evans Hughes Charles Evans Hughes Chief Justice who wrote the decision in Near vs. Minnesota Chief Justice who wrote the decision in Near vs. Minnesota Daniel Ellsberg Daniel Ellsberg Leaked Pentagon documents on Vietnam War to New York Times Leaked Pentagon documents on Vietnam War to New York Times Oliver Wendell Holmes Oliver Wendell Holmes Justice who wrote “Fire!” in a crowded theater justification for prior restraint. Justice who wrote “Fire!” in a crowded theater justification for prior restraint. Charles Schenck Charles Schenck His appeal resulted in first articulation of clear and present danger. His appeal resulted in first articulation of clear and present danger.

Important People Important People Ron Galella Ron Galella Celebrity photographer Celebrity photographer Obsessed with Jackie Kennedy Onassis Obsessed with Jackie Kennedy Onassis Dealt with right to privacy vs. right to photograph Dealt with right to privacy vs. right to photograph Earl Caldwell Earl Caldwell Refused to reveal confidential news sources Refused to reveal confidential news sources David Boies David Boies Had a case against Microsoft dealing with Napster Had a case against Microsoft dealing with Napster

“As print and electronic media are the public's chief source of information about trials and that media coverage of legal proceedings contributes to public understanding of the rule of law,...the public interest lies with the unfettered ability...to report on the news." --Judge Leoni Brinkema, ruling in FACTNet case