Legal Controls Legal Controls & & Freedom of Freedom of Expression Expression
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Legal Controls & Freedom of Expression. Freedom of Expression Free Press Contained in the Bill of Rights (The first ten amendments to the U.S. Constitution.)Contained.
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Slide 1
Legal Controls & Freedom of Expression
Slide 2
Freedom of Expression Free Press Contained in the Bill of
Rights (The first ten amendments to the U.S.
Constitution.)Contained in the Bill of Rights (The first ten
amendments to the U.S. Constitution.) 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.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.
Slide 3
What precipitated the Bill of Rights? Reaction to the
authoritarian rule in England.Reaction to the authoritarian rule in
England. The aim of authoritarian control is to maintain the rule
of the ruler.The aim of authoritarian control is to maintain the
rule of the ruler. All publications must be approved and
licensed.All publications must be approved and licensed.
Slide 4
Four Models for categorizing Freedom of Expression
AuthoritarianAuthoritarian CommunistCommunist
LibertarianLibertarian Social ResponsibilitySocial
Responsibility
Slide 5
Authoritarian Originated in 16 th century England.Originated in
16 th century England. The common good.The common good. Typical in
contemporary developing countries (Asia, Africa, Latin
America).Typical in contemporary developing countries (Asia,
Africa, Latin America). The Media may be privately owned, but are
licensed by the government.The Media may be privately owned, but
are licensed by the government.
Slide 6
Communist or State The Press are owned and controlled by the
government.The Press are owned and controlled by the government.
News is defined as what is important to the government and assures
stability.News is defined as what is important to the government
and assures stability. Encourages stasis and status quo.Encourages
stasis and status quo.
Slide 7
Libertarian Antithesis of Authoritarian.Antithesis of
Authoritarian. No restrictions on anything.No restrictions on
anything. The consumer must differentiate between truth and
lies.The consumer must differentiate between truth and lies. Some
U. S. publications.Some U. S. publications.
Slide 8
Social Responsibility Mainstream U. S. Press.Mainstream U. S.
Press. Recognizes the power of large centrally owned
media.Recognizes the power of large centrally owned media.
Encourages a system of checks and balances. Objective
news.Encourages a system of checks and balances. Objective news.
The Fourth Estate.The Fourth Estate.
Slide 9
Censorship = Prior Restraint Only print content qualifies for
this definition.Only print content qualifies for this definition.
Freedom of expression exists to the extent that you are free to
publish you views.Freedom of expression exists to the extent that
you are free to publish you views. That may require that you
provide the publication.That may require that you provide the
publication.
Slide 10
Broadcasting is not protected. The public owns the airwaves.The
public owns the airwaves. Broadcasters are public
trustees.Broadcasters are public trustees. Ricks quandary: with
nearly 90% of U.S. viewers receiving their network television
signals by cable or satellite, how does the FCC justify continuing
to regulate television content?Ricks quandary: with nearly 90% of
U.S. viewers receiving their network television signals by cable or
satellite, how does the FCC justify continuing to regulate
television content?
Slide 11
Political Speech Section 315 of the Communications ActSection
315 of the Communications Act Equal TimeEqual Time IF time is sold
to one candidate for a given office, time must be sold to all
candidates for that same office.IF time is sold to one candidate
for a given office, time must be sold to all candidates for that
same office. Time sold is at the Lowest Unit Rate. Lowest cost in
the time period.Time sold is at the Lowest Unit Rate. Lowest cost
in the time period.
Slide 12
Political Speech Section 315 continuedSection 315 continued
Personal Attack Rule: If a candidate personally attacks another
candidate, the station must notify the attacked, provide
transcripts/tapes, and offer time to reply (at same rate as
attacker).Personal Attack Rule: If a candidate personally attacks
another candidate, the station must notify the attacked, provide
transcripts/tapes, and offer time to reply (at same rate as
attacker).
Slide 13
Political Speech Section 312 of the Communications Act.Section
312 of the Communications Act. Requires broadcasters to sell time
to candidates for Federal office.Requires broadcasters to sell time
to candidates for Federal office.
Slide 14
Unprotected Speech CopyrightCopyright Defamation of
CharacterDefamation of Character LibelLibel Invasion of
PrivacyInvasion of Privacy ObscenityObscenity
Slide 15
Obscenity The Miller Standard.The Miller Standard. The average
person applying contemporary community standards, would find the
work as a whole appeals to prurient interest.The average person
applying contemporary community standards, would find the work as a
whole appeals to prurient interest. The material depicts or
describes sexual conduct in a patently offensive way.The material
depicts or describes sexual conduct in a patently offensive
way.
Slide 16
Obscenity (continued) The material as a whole, lacks serious
scientific, literary or artistic value.The material as a whole,
lacks serious scientific, literary or artistic value. Violations of
Section 326 of the United States Code.Violations of Section 326 of
the United States Code.
Slide 17
Right to Privacy v Right to Know Celebrities give up much of
their privacy because they choose to be celebrities.Celebrities
give up much of their privacy because they choose to be
celebrities. Private citizens may also give up their rights to
privacy because they are newsworthy.Private citizens may also give
up their rights to privacy because they are newsworthy.
Slide 18
Privacy What is private in todays E-culture?What is private in
todays E-culture? Where does the line between public life and
private life exist?Where does the line between public life and
private life exist? Appropriation: Unauthorized use of a persons
name or image for profit.Appropriation: Unauthorized use of a
persons name or image for profit.
Slide 19
Defamation of Character Slander versus libelSlander versus
libel For private citizens: the statement must be false, there must
be damage, and their must be negligence by the media.For private
citizens: the statement must be false, there must be damage, and
their must be negligence by the media. For public figures, there
must also be malice.For public figures, there must also be malice.
How are these things proven?How are these things proven?
Slide 20
Defenses to defamation TRUTH. An absolute defense.TRUTH. An
absolute defense. Absolute privilege. Officers of the
court.Absolute privilege. Officers of the court. Qualified
privilege. Journalists reporting on the judicial and legislative
proceedings.Qualified privilege. Journalists reporting on the
judicial and legislative proceedings. Opinion and Fair Comment.
Allow for satire, parody and comedy about celebrities.Opinion and
Fair Comment. Allow for satire, parody and comedy about
celebrities.
Slide 21
Copyright Intellectual Property.Intellectual Property. After
January 1978 = Life + 70.After January 1978 = Life + 70. Formerly
Life + 50, then revised by amendment to Copyright Act. (Thanks
Sonny Bono!)Formerly Life + 50, then revised by amendment to
Copyright Act. (Thanks Sonny Bono!)
Slide 22
Copyright Fair use: clear as mud.Fair use: clear as mud. Public
Domain.Public Domain. Common Law copyright.Common Law
copyright.
Slide 23
Regulating Morality TV ratings systemsTV ratings systems The
PMRCThe PMRC MPPDA The Hays OfficeMPPDA The Hays Office The MPAAThe
MPAA G M R XG M R X G PG PG13 R NC17G PG PG13 R NC17