COJO Chapter 14

The Supreme Court, in its decision in ________, stated that the First Amendment was "among the fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states." Given that, "Congress shall make no law" is now interpreted as "government agencies shall make no law."

Gitlow v. New York

The legal definition of obscenity was established by which important Supreme Court decision?

Miller v. State of California

In 1957 in ________, the Supreme Court determined that sex and obscenity were not synonymous, a significant advance for freedom of expression. It did, however, legally affirm for the first time that obscenity was unprotected expression.

Roth v. United States

The guarantee to a fair trial is secured in the ________ Amendment to the Constitution.

Sixth

________ asserts that media must remain free of government control, but in exchange must serve the public. Its core assumptions are a cross between the libertarian principles of freedom and the practical admissions of the need for some form of control over the media.

Social responsibility theory

Advertising, or commercial speech, enjoys First Amendment protection, as established by the Supreme Court in its 1942 ________ decision.

Valentine v. Chrestensen

When discussing the First Amendment, Supreme Court Justice Hugo Black said, "No law means no law." He was expressing the ________ position on the freedom of press and speech.

absolutist

When a media outlet distributes content with knowledge of its falsity or a reckless disregard for the truth, it has acted with

actual malice.

The philosophy of ________ states that, in individual First Amendment cases, several factors should be weighed in determining how much freedom the press is granted.

balancing of interests

The issue of ________, an important tool of journalism, involves the ability of media professionals to keep secret the names of people who provide them with information.

confidentiality

Identifying and granting ownership of a given piece of expression, ________ is designed to protect the creator's financial interest in that expression.

copyright

One conflict of interest issue that troubles media professionals is ________, in which combat reporters allow military control over their output in exchange for close access to the troops.

embedding

The copyright exception of ________ is when the small portions of the original work are used for noncommercial or educational purposes.

fair use

The FCC's standard for regulating on-air language is that content must be ________ to attract fines or other punishment for the broadcaster.

grossly offensive

According to the FCC, language or material that depicts sexual or excretory activities in a way that is offensive to contemporary community standards is

indecent.

The false and malicious publication of material that damages a person's reputation (typically applied to print media) is

libel.

The First Amendment is based on the ________ philosophy that people cannot govern themselves in a democracy unless they have access to the information they need for that governance.

libertarian

A culture's fundamental values are its:

metaethics

A theory that explains how media should ideally operate in a given system of social values is ________ theory.

normative

Many media organizations utilize ________, practitioners internal to the company who serve as "judges" in disputes between the public and the organization.

ombudsmen

The power of the government to prevent the publication or broadcast of expression is called

prior restraint.

The basis for the test of ________ is the idea that the press cannot be deterred from covering legislative, court, or other public activities for fear that the comments of a speaker or witness will open it to claims of libel or slander.

privilege

The ________ principle is represented by the paired ideas that the free flow or trade of ideas ensures that public discourse will allow the truth to emerge, and that truth will emerge from this public discourse because people are inherently rational and good.

self-righting

Legislation that expressly protects reporters' rights to maintain sources' confidentiality in court is called a

shield law.

Among the regulatory requirements that disappeared during the broadcast deregulation movement of the Reagan administration is ________, which required broadcasters to cover issues of public importance and to be fair in that coverage.

the Fairness Doctrine

Once the copyright on a piece of expression expires and is not renewed, the material passes into ________, meaning it can be used without permission.

the public domain

The Supreme Court turned the ________ analogy against NBC, declaring that the FCC had the right to judge content.

traffic cop