1. THE MEDIA OF MASS COMMUNICATION 11th Edition John Vivian
PowerPoint™ Prepared by Amy M. Carwile
Texas A&M University at Texarkana
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2. Chapter 16: Media Law Thematic Chapter Overview Media Technology
Media Economics
Media & Democracy
Media & Culture
Elitism & Populism
Media Future
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3. What are the copyright issues in the Google library project?
How have the consumer rights movement and the copyright community collided?
What lessons about copyright can be derived from the Grokster decision?
What are the copyright issues in the Google library project?
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4. Intellectual Property
Copyright
Permissions
Assignments
Piracy and Infringement
Consumer Rights
Grokster
Google
Google Print Library Project
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5. POINT
Only a chump would pay for something that is available free.
If a law is widely ignored it is archaic.
It is time for copyright laws to go.
Everybody’s doing it. Or just about everybody.
COUNTERPOINT
Stealing someone else’s work is hard to justify.
It’s all the worse with the intellectual property because the theft discourages creativity that enriches the culture and the lives of everyone.
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6. Free Expression Distrust of Government First Amendment Rediscovered
Revolt against the British Empire
Free Expression Provision
Fourth Branch of Government
First Amendment Rediscovered
Alien and Sedition Act of 1798
1919 Case: Charles Schenck & Elizabeth Baer
1925 Case: Benjamin Gitlow
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7. Free Expression (continued)
Prior Restraint
1931 Case: Near vs. Minnesota
1969 Case: Clarence Brandenburg
Incitement Standard: 4-part test to determine whether advocacy speech is constitutionally protected
Allowable Abridgments
National Security
Public Endangerment
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8. How would you establish the argument that free expression was too complex an issue for the Supreme Court to tackle in the first 130 years of the existence of the United States?
What are the allowable exceptions to the First Amendment prohibition on government interference with free expression? What is the basis for these exceptions?
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9. Broadening Protection
Political Expression
Literature
Random House
James Joyce & Ulysses
Grove Press
D.H. Lawrence & Lady Chatterley’s Lover
Entertainment
The Miracle
Advertising
New York Times v. Sullivan
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10. Broadening Protection (continued)
Political Expression (continued)
Emotive Speech
Paul Robert Cohen
Hate Speech
R.A.V. v. St. Paul
Broadcast Regulation
Public Airwaves
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11. What are arguments for and against First Amendment protection for four-letter and related vulgarities, flag-burning and hate speech?
How has government regulation of broadcasting been justified when regulation of print media is clearly unconstitutional?
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12. Defamation Libel as a Concept Reckless Disregard Comment and Criticism
New York Times v. Sullivan
Public Figures
Government Officials, political candidates, publicity hounds
Comment and Criticism
Cherry Sisters
Carol Burnett
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13. How many people can you name who fall into a gray area that was created by New York Times v. Sullivan between public figure and private figure?
Disparaging comments about an individual are legally protected in mass communication in some situation but not in others. Consider a celebrity. What is off-limits? What is not?
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14. Indecency Pornography vs. Obscenity Protecting Children Access
Communications Decency Act
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15. How are pornography and obscenity different?
What is the difficulty of enforcing indecency restrictions for children but not adults?
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