Media Law Exam 1
What are the tensions within the Google News project?
1. Aggregator of news that provides a "snippet" of news that summarizes another article. 2. Around 44% of users don't click to the original news source. 3. This is a huge loss of money for journalist 4. Google unfairly profits off of the content of others 5. Journalists argue that Google should share its advertising profits with content creators
How have Google and the media influenced each other?
1. Before Google we relied on ads to make money 2. When Google came around it created a new business model because Google News provided access to the articles. News shift to pay walls. 3. News organizations influenced Google because they pushed back on it and Google made Google News Initiative in which they gave millions back to organizations (but were selective).
Why is Bollea v Gawker important in the context of media law?
1. Blurs the lines between what is invasion of privacy and what isn't 2. Makes it difficult to see what freedom of the press is limited to 3. Money and power can make a ruling go in your favor
What are exemptions to the FOIA?
1. Classified information for national defense or foreign policy 2. Internal personnel rules and practices 3. Information that is exempt under other laws 4. Trade secrets and confidential business information 5. Inter-agency or intra-agency memoranda or letters that are protected by legal privileges 6. Personnel and medical files 7. Law enforcement records or information 8. Information concerning bank supervision 9. Geological and geophysical information
What situations constitute fair use?
1. Commentary and criticism 2. Parody 3. Education
What are common types of piracy?
1. Commercial piracy 2. Theft of tangible goods vs theft of digital products
What would free culture entail?
1. Culture more open than closed 2. Free culture doesn't exist without property 3. Opposite of permission culture
What are the judicial tools that can be used to ensure the right to a fair trial when it is jeopardized by the 1st amendment?
1. Disciplinary rule 7-107 2. Gag orders 3. Closed trials and hearings 4. Judge can restrict what info/exposure gets out to the public
What are the methods of ensuring a fair trial?
1. Disciplinary rule 7-107 2. Gag orders 3. Closed trials and hearings 4. Judge can restrict what info/exposure gets out to the public
What is copyright law?
1. Exclusive legal right to reproduce, publish, sell or distribute the matter and form of something 2. This means that as soon as you write an original text, draw a picture, take a photograph, record a sound or a movie, your work is protected by copyright
What kind of speech is not protected?
1. Fighting words 2. Plagiarism of copyrighted material 3. Blackmail 4. Hate speech 5. Trade secrets 6. Obscenity 7. Defamation 8. Child pornography 9. Perjury 10. Incitement to imminent lawless action 11. True threats 12. Solicitation to commit crimes
What precedent did Brandenburg v Ohio set?
1. Inflammatory speech should be protected unless it is likely to cause imminent violence or promoted violence 2. Two-pronged test a. Speech can be prohibited if it is directed at inciting or producing imminent lawless action b. Speech can be prohibited if it is likely to incite or produce violent action
Why is the Amanda Knox case important in the context of media law?
1. It is hard to have an impartial jury because people outside the trial know about this, especially when it's becoming a famous case 2. When does it stop a trial from being fair? 3. First amendment against 6th amendment
Aspects of Able (ability to repair)
1. Laws and policies 2. Effort / time / desire / fear 3. Cost (worth) 4. Design 5. Knowledge 6. Culture and attitudes
Why is the US v Causby case important in the context of media law?
1. Laws can be changed to fit the context we live in 2. Power: "RCA had what the Causby's did not: the power to stifle the effect of technological change." 3. What is considered public domain may also change with technology and the current state of things
What are exclusions to the FOIA?
1. Ongoing law enforcement investigations when the person being investigated doesn't know they are and it could interfere with the investigation 2. Limited to criminal law enforcement agencies and protects the existence of information records when the informant's status has not been officially confirmed 3. Limited to FBI, protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified
What are the interests involved in a fair trial?
1. Privacy interest of people involved/implicated 2. Public right of access of information 3. Government interest in pursuing justice 4. Judicial justice to control what is happening in the courtroom 5. 5th and 6th amendment 6. Media interest in informing the public
What precedent did Hazelwood v Kuhlmeier set?
1. Since the school paper is sponsored by the school, the school can prevent the publication of articles that it deemed inappropriate and might intervene in their education a. Set a standard schools have to meet before using prior restraint b. Prior restraint, school can look at it and prevent it from being published 2. Paper not intended to be used as a public forum
Possible solutions for aspects of able
1. Standardize parts 2. Standardize tools 3. Standardize affordability 4. Modularization 5. Information access and transparency 6. Screws not glues 7. Transparency in directions and increase information access 8. Set a price setting for particular components so we don't up-charge
What situations are exceptions to fair use?
1. The purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes 2. The nature of the copyrighted work 3. The amount of the portion used in relation to the copyrighted work as a whole, and 4. The effect of the use upon the potential market for or value of the copyrighted work.
How does permission culture actually manifest in current times?
1. The ways that people create fall within the reach of the law 2. Blurs the lines between commercial and noncommercial culture 3. We never know if we have to ask for permission or not
What does permission culture entail?
1. There's a lot of things you can't do without asking for permission, like sampling songs or drawing stuff 2. Limits a lot of creativity
What is the rationale for exceptions to free speech?
1. Things that put in danger should not be allowed 2. Does not benefit anyone and doesn't contribute to the spread of information
What are the facts of US v Causby case?
1. Thomas Lee Causby owned a chicken farm near an airport used regularly by the US military. According to Causby, noise from the airport regularly frightened the animals on his farm, resulting in the deaths of several chickens. The problem became so severe that Causby was forced to abandon his business. Under an ancient doctrine of the common law, land ownership extended to the space above and below the earth. Using this doctrine as a basis, Causby sued the United States, arguing that he owned the airspace above his farm. By flying planes in this airspace, he argued, the government had confiscated his property without compensation, thus violating the Takings Clause of the Fifth Amendment. The United States Court of Claims accepted Causby's argument and ordered the government to pay compensation.
What is fair use?
1. Using copyrighted content for "transformative" purposes like commentary, criticism or parody of a copyrighted work 2. Can be done without permission copyright owner 3. A defense against the claim of copyright infringement
How is free culture being pushed in current times?
1. You can copyright pretty much anything you create and make access to it limited 2. Creative commons: alternative system for intellectual property or sharing
How has copyright been warped and who does it benefit now?
1. You can license anything you create and decide how it's going to be shared 2. Protectionism: not to protect artists, but to protect the powerful and corporations
What are the facts of Schenck v US?
A socialist named Charles Schenck distributed anti-war materials in the mail. The Supreme Court found him guilty of posing a clear and present danger during wartime (9-0).
What precedent did New York Times v Sullivan set?
Actual malice has to be proven to maintain the slander case, which means a publisher has to know that the information they are putting out will damage
What are some of the example cases we discussed regarding the tensions between the 1st and 6th amendments?
Amanda Knox and Bollea v Gawker
Intellectual property
Any product of human intellect that the law protects from unauthorized use by others. This ownership inherently creates a limited monopoly in the protected property. It is traditionally comprised of 4 categories: patent, copyright, trademark and trade secrets
What are the facts of Brandenburg v Ohio?
Clarence Brandenburg, a KKK leader in Ohio, contacted a Cincinnati reporter to film a protest. Brandenburg was charged with advocating violence but his case was dismissed.
Why are there tensions between the 1st and 6th amendment?
First amendment calls for a free press and the sixth amendment calls for a fair, impartial jury.
What are the facts of Bollea v Gawker?
Florida lawsuit in which Terry Gene Bollea, known professionally as Hulk Hogan, sued Gawker Media for posting portions of a sex tape of Bollea with Heather Clem, at that time the wife of radio personality Bubba the Love Sponge. Bollea's claims included invasion of privacy, infringement of personality rights, and intentional infliction of emotional distress. Prior to trial, Bollea's lawyers said the privacy of many Americans was at stake while Gawker's lawyers said that the case could hurt freedom of the press in the United States. March 2016, the jury found Gawker Media liable and awarded Bollea $115 million in compensatory damages and $25 million in punitive damages. Three months after the verdict, Gawker filed for chapter 11 bankruptcy protection and put itself up for sale. Gawker Media's assets were subsequently sold to Univision Communications, who announced that they were closing. Gawker reached a $31 million settlement with Bollea. Bollea sought $100 million in damages.
What is free culture?
Free culture is a growing understanding among artists and audiences that people shouldn't have to ask permission to copy, share, and use each other's work; it is also a set of practices that make this philosophy work in the real world.
Freedom of Information Act
Generally provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions.
Why is Hazelwood v Kuhlmeier important in the context of media law?
Gives school districts the authority to regulate and silence student voices. Journalism is limited. Falls into the idea of "permission culture"
Why is Brandenburg v Ohio important in the context of media law?
If we don't protect one side of free speech, we can't protect the other. Censoring speech would go down the path of censoring others and what we all consider hateful is different.
What are the facts of the New York Times v Sullivan case?
In 1960 the New York Times ran an ad that contained a few inaccuracies about the Montgomery Alabama police department
What are the facts of Hazelwood v Kuhlmeier?
In 1988 Students enrolled in the Journalism II class at Hazelwood East High School were responsible for writing and editing the school's paper The Spectrum. Two of the articles submitted for publication in the final edition of the paper contained stories on divorce and teenage pregnancy. While names were changed, both stories were written about students in school. Principal prohibited these articles from being published in the paper. The student journalists then brought suit alleging that their First Amendment rights to freedom of speech had been violated.
What precedent did Schenck v US set?
Individuals are not entitled to speech that presents a clear and present danger to society like yelling fire in a crowded theater
Article 19 of the Universal Declaration of Human Rights:
Information should be available to everyone no matter what.
How is copyrighted material property?
It is property because the creator owns it, the creator can sell it, or choose to keep it private.
What are the facts of the Amanda Knox case?
Knox was an exchange student in Perugia, Italy from Washington State. Her british roommate (Meredith Kercher) was found dead. People didn't perceive Knox as sympathetic. Media went crazy and started to do sensational journalism. Italian justice system: guilty until proven innocent. People had already made their decisions about Amanda Knox.
Right to Repair
Legislation to allow people to repair their technologies
What is permission culture?
Opposite of free culture, creators get to create only with permission of the powerful
Who benefits from permission culture?
People who own property, people who have money and power to own things and create
What does sampling music have to do with piracy?
Sampling is taking pieces of music and incorporating them into a new project, different from just downloading the whole thing
Communications Decency Act, Section 230
So if you're Twitter, and someone says they're going to shoot up a school, then Twitter is not liable for their message. Covers obscenity, violence and threats.
Why is New York Times v Sullivan important in the context of media law?
The justices ruled that a newspaper had to print false and malicious material deliberately in order to be guilty of libel, incorporated provisions of the Bill of Rights through the due process clause of the 14th Amendment.
Why is Schenck v US important in the context of media law?
This kind of speech is NOT protected. Not all language is considered free.
How does the concept of free culture relate to the idea of permission culture?
You don't have to ask for permission
What was Edward Snowden's job?
a CIA employee and subcontractor
What is the right to a fair trial?
a general right, with publicly announced judgements (some exceptions) within a reasonable time, and before an independent and impartial tribunal. We are innocent until proven guilty.
What is free speech?
is a type of liberty right. We have the right to express our opinions without interference from the government or other people. Promotion of truth and expression.
What did Snowden reveal?
numerous global surveillance programs (many run by the NSA and Five Eyes Intelligence Alliance) with the cooperation of telecommunication companies, European governments and prompted a cultural discussion about national security along with individual privacy
extra-judicial speech
speech that happens outside of the courtroom, like press conferences, or an article that is published
What 5 freedoms fall under the freedom of speech?
speech, press, religion, assembly, petition
Planned Obsolescence (under cost)
strategy of deliberately designing products to fail in order to shorten the time between purchases
What act was Snowden charged for violating?
the Espionage Act, which is an act that punishes interference with foreign relations, foreign commerce of the US, espionage and to enforce criminal laws of the US.