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Media Law Midterm
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| Question | Answer |
|---|---|
| Free Speech | Found in the first amendment; does not legally protect inciting panic |
| Copy right | Must be registered online. Protects creative material |
| Patent | Register online and protects the process of something |
| Intellectual property | material that you develop. They are your ideas. |
| Libel | the publication of false information. Causes harm to another/reputation |
| Public vs. Private persons | Helps define if there is a libel case. Must be identified as a public person |
| Commercial speech | Anything that can generate money; advertising |
| False advertising | misleading advertising; is not protected under the first amendment |
| What are the four remedies to stop false advertising? | Injunction, consent, compliance, FTC |
| Obscenity | no artistic value; not protected |
| Indecency | is protected; creative purposes |
| Telecommunications | material that is broadcast over public airways |
| Tort law | civil law; brings harm; equitable law; does not involve the government |
| First amendment protection | speech, actions, write |
| Clear and present danger | Supreme Court concept; rule that determines whether speech is protected |
| First and Fourteenth amendments | extends all federal laws over the states; including first amendments |
| Prior restraint | Stop publishing before it is printed; exception- risking national defense secrets |
| Rights of Copyright owner | own material; 7 years after death; only ones allowed to make money off of their copyrighted material |
| Patent regulation | renewed; exception- patent can not be issued over general knowledge |
| Protection of intangible property | protection of things you cannot touch; scientific theory |
| What are the 5 elements of libel? | identification; falsity; damages; publically spoken or published; ___ |
| Defendants' defense against libel | Thought it was the truth! |
| Elements to prove actual malice | purposeful lying; knowingly |
| commercial speech protection | limited first amendment protection |
| Telecommunications regulations | FCC; fines and suspensions; radio; broadcast airways |
| Candidates Access Rule | any candidate can receive air time fi they have public support if it is specifically being offered; excludes news events |
| Use of Equal Air time | equal air time for candidates; news events exempted |
| Safe hours | 6a-10p |
| regulation of fleeting expletives | do not have time to edit out; broadcast live; regulated by FCC |
| Location of right to privacy in law | alluded to but not outright in 1st, 3rd, 4th, 5th; treatise law |
| Federal agencies enforcing media | fcc; ftc |
| What are samples of privacy law | false light; intrusion; appropriation; publication |
| spectrum scarcity | airways are limited; those must be regulated |
| news vs entertainment | news is protected; jury decides; entertainment is not |
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