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Campbell Chapter 16
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“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”
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73% of the world’s population do not
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Authoritarian model Communist model Libertarian model Social responsibility model
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Leaders believe that too much outspoken speech and press freedom would undermine stability The general public “needs” guidance from the leaders
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Press works with gov’t Does not “rock the boat” Doesn’t dissent with leaders
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Gov’t controls the press Agenda for papers controlled by gov’t & military Dissent & get shot!
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No restrictions are placed on speech or expression “places a great deal of trust in the citizen to distinguish fact from fiction”
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The idea that news should ◦ Be put in context ◦ Provide forums for exchange of ideas ◦ Be more diverse ◦ Be privately owned
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News functions as an unofficial branch of gov’t ◦ “The Fourth Estate” ◦ (monitoring the other three branches)
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What is the purpose of our news media? Do they do a good job?
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Does the government have any control over what we see in the news?
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CNN sued for the right to show them
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Prior restraint: ◦ The government’s attempt to stop something BEFORE it is published
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If it protects national security The Progressive magazine case “The H-Bomb Secret: How We got it and Why We’re Telling It” 1979
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NYT attempted to publish Defense Dept info re: the US activities in VietNam from 1945-1971 What happened?
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A good idea? Why or why not? Gag order Shield law
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(First Amendment vs Sixth Amendment) All 50 states allow cameras in the courtroom
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Copyright infringement Libel Invasion of privacy Obscenity
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Slander!Libel! Slander ◦ Defames someone ◦ spoken Libel ◦ Defames someone ◦ Identifies them ◦ Is published or broadcast
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“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
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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
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Sure! But attorneys have Absolute privelege and reporters have Qualified privelege
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Not much of a problem with broadcast media. ◦ Why not?
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“Indecent language or material is that which depicts sexual or excretory activities in a way that is offensive to contemporary community standards.”
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Banned music since the year 2000 Banned music since the year 2000 ◦ Songs Clear Channel stopped after 9-11-01 How the FCC describes it How the FCC describes it
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Potentially offensive material can be broadcast from 10pm – 6am when kids are not likely to be watching or listening
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Required that broadcasters cover issues of public importance and be fair in that coverage THE FAIRNESS DOCTRINE
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Ended in 1987. Some what to revive it. ◦ What would be the effects?
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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
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Fair Use ◦ Classroom use is okay
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Current ones began in 1968 1984: “PG-13” added ◦ “Poltergeist”, “Indiana Jones 2” 1990: “NC-17” added Current push for the “Hard R”
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