Media LawMedia Law

First First AmendmentAmendment

““Congress shall make no law Congress shall make no law respecting an establishment of respecting an establishment of religion, or prohibiting the free religion, or prohibiting the free

exercise thereof, or abridging the exercise thereof, or abridging the freedom of speech, or of the press; freedom of speech, or of the press;

or of the right of the people or of the right of the people peaceably to assemble, and to peaceably to assemble, and to petition the government for a petition the government for a

redress of grievances.”redress of grievances.”

U.S. ConstitutionU.S. Constitution

First AmendmentFirst Amendment Bars government from limiting free Bars government from limiting free

expressionexpression Became part of the Constitution in Became part of the Constitution in

17811781 Set the US apart from all other Set the US apart from all other

nations at the time, guaranteeing nations at the time, guaranteeing government would not interfere with government would not interfere with free expressionfree expression

CopyrightCopyright

Copyright laws prohibit the Copyright laws prohibit the unauthorized recreation of intellectual unauthorized recreation of intellectual property (books, music, movies, and property (books, music, movies, and other creative productions)other creative productions)

How copyright worksHow copyright works All intellectual properties have copyright All intellectual properties have copyright

protection the moment they are createdprotection the moment they are created Copyright laws protect the author for a Copyright laws protect the author for a

lifetime plus an additional 70 years after the lifetime plus an additional 70 years after the author’s deathauthor’s death

CopyrightCopyright

Copyright and the WebCopyright and the Web Digital Millennium Copyright Act of 1998Digital Millennium Copyright Act of 1998

Provides protection for companies who post Provides protection for companies who post information on the Webinformation on the Web

Music LicensingMusic Licensing Music licensing organizations protect artists Music licensing organizations protect artists

and their musicand their music The largest licensing organizations are The largest licensing organizations are

American Society of Composers, Authors and American Society of Composers, Authors and Performers (ASCAP) and Broadcast Music Inc. Performers (ASCAP) and Broadcast Music Inc. (BMI)(BMI)

Privacy LawPrivacy Law

Idea that people have a right to Idea that people have a right to limit intrusions on their privacylimit intrusions on their privacy

Intruding on solitudeIntruding on solitude Courts recognize a person’s right to Courts recognize a person’s right to

solitude and will punish reporters who solitude and will punish reporters who go too far.go too far.

Reporters are free to pursue stories in Reporters are free to pursue stories in public settings or when invited into public settings or when invited into private areas for stories.private areas for stories.

Prior RestraintPrior Restraint

Public NuisancesPublic Nuisances A law that allowed authorities to shut down A law that allowed authorities to shut down

obnoxious newspapersobnoxious newspapers Government has the right to remove things Government has the right to remove things

that are against the common goodthat are against the common good Prior restraint, which is prohibiting Prior restraint, which is prohibiting

expression in advance, was disallowed expression in advance, was disallowed under the U.S. Constitutionunder the U.S. Constitution

Protection for the press is not absolutely Protection for the press is not absolutely unlimitedunlimited

Prior RestraintPrior Restraint

National SecurityNational Security The Supreme Court has been consistent in that the The Supreme Court has been consistent in that the

government has a censorship right when national government has a censorship right when national security is at stakesecurity is at stake..

Military OperationsMilitary Operations U.S. has required correspondents to submit their U.S. has required correspondents to submit their

copies for review before transmissioncopies for review before transmission Pool reporters, selected reporters who share stories Pool reporters, selected reporters who share stories

and photos with others, are allowed.and photos with others, are allowed.

““Fire!” in a crowded theaterFire!” in a crowded theater Clear and present danger (a long-lived justification Clear and present danger (a long-lived justification

for government prior restraint)for government prior restraint)

Prior RestraintPrior Restraint

Courts drawing the line between public Courts drawing the line between public and privateand 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.

HarassmentHarassment A person surrenders most privacy protections in public A person surrenders most privacy protections in public

places unless hounded mercilessly.places unless hounded mercilessly. Harassment is considered “going far beyond the Harassment is considered “going far beyond the

reasonable bounds of news gathering.”reasonable bounds of news gathering.” Bad tendency test (early justification for government Bad tendency test (early justification for government

prior restraint)prior restraint)

Journalism LawJournalism Law Court CoverageCourt Coverage

News media have freedom to cover events, News media have freedom to cover events, however, sometimes this creates chaos.however, sometimes this creates chaos.

Sunshine LawsSunshine Laws Require government meetings, documents be Require government meetings, documents be

open to the public.open to the public. Freedom of Information Act was passed in 1966, Freedom of Information Act was passed in 1966,

specifying how people could request documents.specifying how people could request documents. Confidential SourcesConfidential Sources

Several states adopted “shield laws” which Several states adopted “shield laws” which allows journalists to protect identification on allows journalists to protect identification on confidential sources.confidential sources.

Slander and Mass MediaSlander and Mass Media Libel Libel

A written defamation A written defamation New York vs. Sullivan (became a landmark in New York vs. Sullivan (became a landmark in

libel law and was a libel case that largely barred libel law and was a libel case that largely barred public figures from the right to sue for libel).public figures from the right to sue for libel).

Fair Comment and CriticismFair Comment and Criticism Doctrine that permits criticism of performers, Doctrine that permits criticism of performers,

performancesperformances Cherry Sisters (1901, were desperate for Cherry Sisters (1901, were desperate for

respect, decided to sue the next newspaper respect, decided to sue the next newspaper reviewer who gave them a bad notice).reviewer who gave them a bad notice).

Slander and Mass Slander and Mass MediaMedia

Trespass, Fraud and LibelTrespass, Fraud and Libel 1998, Utah Restaurant Association 1998, Utah Restaurant Association

sued television station KTVX for report sued television station KTVX for report on roaches in restaurant kitchens and on roaches in restaurant kitchens and unsanitary food handling and storage. unsanitary food handling and storage. This was considered trespassing.This was considered trespassing.

ABC had committed fraud by sending ABC had committed fraud by sending undercover reporters to get the Food undercover reporters to get the Food Lion payroll to investigate the back Lion payroll to investigate the back rooms.rooms.

CensorshipCensorship

Communications Decency ActCommunications Decency Act Created in 1996 to keep dirty material on the Created in 1996 to keep dirty material on the

Web away from childrenWeb away from children Two flaws: defining indecency and possibility of Two flaws: defining indecency and possibility of

denying questionable material to children without denying questionable material to children without restricting freedom of speech for adults.restricting freedom of speech for adults.

The Act never passed.The Act never passed.

Local CensorshipLocal Censorship Many counties tried restricting sexually Many counties tried restricting sexually

explicit publications (with little success). explicit publications (with little success). ““War Zones” were created (neighborhoods War Zones” were created (neighborhoods

where pornography is permitted)where pornography is permitted)

CensorshipCensorship

Library and School BoardsLibrary and School Boards Sometimes libraries keep certain Sometimes libraries keep certain

books off shelves because they offend books off shelves because they offend the majority of the library board. the majority of the library board. Some school boards try to ban certain Some school boards try to ban certain books, with little success.books, with little success.

Important PeopleImportant People

John Perry BarlowJohn Perry Barlow Co-founder of Electronic Frontier FoundationCo-founder of Electronic Frontier Foundation He doubts the traditional notion that He doubts the traditional notion that

creativity is dependant on financial creativity is dependant on financial incentive created by copyright law.incentive created by copyright law.

James MadisonJames Madison Author of First AmendmentAuthor of First Amendment

Benjamin GitlowBenjamin Gitlow His appeal resulted in a ban on state laws His appeal resulted in a ban on state laws

that restrict free expressionthat restrict free expression

Important PeopleImportant People Charles Evans HughesCharles Evans Hughes

Chief Justice who wrote the decision in Near vs. Chief Justice who wrote the decision in Near vs. MinnesotaMinnesota

Daniel EllsbergDaniel Ellsberg Leaked Pentagon documents on Vietnam War to Leaked Pentagon documents on Vietnam War to

New York TimesNew York Times Oliver Wendell HolmesOliver Wendell Holmes

Justice who wrote “Fire!” in a crowded theater Justice who wrote “Fire!” in a crowded theater justification for prior restraint.justification for prior restraint.

Charles SchenckCharles Schenck His appeal resulted in first articulation of clear and His appeal resulted in first articulation of clear and

present danger.present danger.

Important PeopleImportant People

Ron GalellaRon Galella Celebrity photographer Celebrity photographer

Obsessed with Jackie Kennedy OnassisObsessed with Jackie Kennedy Onassis Dealt with right to privacy vs. right to photograph Dealt with right to privacy vs. right to photograph

Earl CaldwellEarl Caldwell Refused to reveal confidential news sourcesRefused to reveal confidential news sources

David BoiesDavid Boies Had a case against Microsoft dealing with Had a case against Microsoft dealing with

NapsterNapster

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