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First Amendment. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.. Fourth Estate.
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1. Media Law & Ethics Mass Media & Society
3. Fourth Estate
4. Categorical speech Incitement
“Fighting words”
True threats
Defamation (some of the time)
False commercial speech
Obscenity
5. Print v. Broadcast Print and Internet get most protection
Broadcast gets less
Scarcity
Pervasiveness
6. Federal Communications Commission Regulates broadcast media
Controls licensing
Fines for indecency
(Safe Harbor: 10 p.m. - 6a.m.)
7. Obscenity Miller test
whether the average person applying contemporary community standards would find that the work taken as a whole appeals to prurient interest;
whether the work depicts or describes in a patently offensive way sexual conduct specifically defined by the applicable state law; and
whether the work taken as a whole lacks serious literary, artistic, political or scientific value.
8. Defamation
9. Two types of defamation
10. Six elements of libel Publication
Identification
Defamation
Falsity
Fault
Injury
11. Quotes won’t protect you
12. Defenses to libel Truth
Qualified privilege
Protected opinion
Implied consent
Right of reply
13. Common-Law Privacy Violations
Publication of private facts
Intrusion upon seclusion
Appropriation for commercial use
False Light
14. Privacy defenses
Newsworthiness
Public figure or official
Consent
Plain view (standing in doctrine)
Public record or proceeding
15. Ethical consideration for privacy Journalists need to distinguish among:
Right to know
Need to know
Want to know (not worth privacy invasion)
16. Plagiarism Plagiarism is the taking of someone else’s words, research or ideas and representing them as your own.
It is essentially theft of credit for someone else’s work done.
17. Copyright
18. Copyrights Reproduction
Distribution
Derivative
Public performance
Public display
19. Criteria for copyright Original to the creator
Fixed in a tangible medium of expression
Modicum of creativity
20. Copyright Myths Things on the Internet are not protected
If it doesn’t have a copyright symbol it is not protected
If you change it, it’s OK to use
21. Works for hire Employees do not own copyrights to their work
Independent contractors do
22. Length of Copyright
23. Fair Use
The purpose and character of the use
The nature of the material
The amount and substantiality of the portion used in relation to the whole
The effect of the use on the market for the work.
24. Commercial speech
False commercial speech not protected
Regulated by the FTC (but also FCC and FDA)
25. FTC definition of false advertising Representation, omission or practice must be likely to mislead the consumer
Act or practice must be considered from the perspective of a consumer who is acting reasonably
Representation must be material
26. Responsibility for ad content Advertising agencies can be held responsible for false advertising if they know or have reason to know it is false or misleading
Media managers are not responsible for false or deceptive advertising, or for injuries resulting from defective products unless the newspaper, magazine or broadcaster helped to create the ad
Unless potential detrimental effects of an ad are so obvious anyone could see it
27. Right to refuse advertising Barring a few exceptions, private publishers and broadcasters are under no obligation to accept advertising. Courts have also extended that into the online realm.
28. Ethics Mass Media and Society
29. Plagiarism
30. Three kinds of plagiarists
• Those who know they are stealing either a part of someone’s work, or the whole thing;
• Those who inadvertently drop a citation or become confused about the source of a line; and
• Those who do not understand the rules of plagiarism and do it out of ignorance.
31. David Cragin comparison “Most of these hotels in the city are more than half a century old; they were built for the solitary working man who streamed into the city to toil at the wharves and the railway lines. They were never meant for families.”
“Most of these hotels are more than a half-century old; they were built as hives for the working men who streamed to this city to toil at the wharves and the railway lines. They were never meant for families.”
32. Cultural hurdles in journalism
33. What is ethics?
34. Ethical dilemmas
35. Categorical imperative Immanuel Kant - a deontological ethicist
Act as though your decision would become universal law
Always treat others as ends in themselves, not as means to an end.
36. Utilitarianism John Stuart Mill - a teleological ethicist
Act so you would do the greatest good for the greatest number
Ethical people consider the consequences of their actions
37. Agape Judeo-Christian ethic
Treat others as you would like to be treated
The Golden Rule
38. Golden Mean Aristotle and Confucius
Look for the middle course between two extremes.
e.g. Courage is the middle state between acting cowardly or acting foolheartedly.
But some situations don’t have a middle state (i.e. stealing)
39. Veil of Ignorance John Rawls
Imagine that all parties affected by the ethical question could disappear behind a veil of ignorance where they might trade places.
Parties will pick the solution fairest for all out of self interest.
40. Ethical Principles Categorical imperative – Immanuel Kant
Utilitarianism – John Stuart Mill
Agape – Judeo-Christian perspective
Golden Mean – Aristotle and Confucius
Veil of Ignorance – John Rawls
41. The Potter Box
42. Step 1
43. Step 2
44. Step 3
45. Step 4
46. Step 5