Study Guide for Test 4
Chapters
9,10,11,12,14,15
articles on web
page
Section
VII
Right to
Gather Information
Freedom of Information Act
- gives any person access to all records
kept by Federal agencies
- agency must have created record and be
in possession of it
- exemptions exist and are interpreted
liberally
Exemptions to FOIA
- executive order/national security
- housekeeping practices
- statutory exemption
- trade secrets
- working papers/discovery
- personal privacy
- law enforcement
- financial records
- geological data
Other Laws Relating to Information
Access
- Sunshine Act - Federal Open Meetings
Law - meetings (with exceptions) open to public
- state open meetings laws
- state open records laws
Laws that Restrict Access to
Information
- General Education Provisions Act
- Federal Privacy Law
- Criminal History Privacy Laws
- state statutes
Free Press
vs. Fair Trial
Compensating for Pretrial
Publicity
Indirect Control
- voir dire
- change of venue or venireman
- continuance
- admonish jury
- sequester jury
Direct Control
- restrictive orders aimed at press or
participants
- closed proceedings and documents
- access and electronic media
Key Decisions in Cameras in the
Courtrooms
- N.J. vs. Hauptmann - 1935 - leads to
Canon 35 by ABA in 1937
- Rideau vs. Louisiana - 1963
- Estes vs. Texas - 1965 - conviction
overturned due to "possible" impact of cameras
- Chandler vs. Florida - 1981 - need to
prove cameras impacted trial, opens way for states to adopt laws for
having cameras in courtroom.
Most states (but not New York) have some form of camera coverage.
Federal courts do not.
Pros and Cons of
Cameras in the Courtroom
Protection
of News Sources and the Contempt Power
Branzburg vs. Hayes (1972)
Majority Opinion
no First Amendment Protection for journalists to
refuse to reveal sources
Dissenting Opinion - more important in the long run
Qualified Privilege
- probable cause reporter has information
- no alternative means
- state has compelling interest
Legislative and Executive
Protection of Sources
- state shield laws
- Federal guidelines
- news room searches - similar to sources
- initial court ruling went against journalists but eventually given more
protection
Options if Served a Subpoena
- cooperate - give information
- refuse - face contempt
- challenge
Ask your company to back you.
Regulation
of Advertising
Commercial Speech Doctrine
- government must assert a substantial
state interest to justify regulation
- government must demonstrate regulation
of advertisement directly advances this interest
- regulation must be narrowly drawn
History of Advertising Regulation
- *Bigelow vs. VA - 1975 - advertising
protected by First Amendment
- Central Hudson vs. PSC - 1980 - above
criteria created
Regulation of Advertising
- self-regulation
- lawsuits by competitors
- state/local laws
FTC Test for Deceptive Advertising
- must be representation, omission, or
practice likely to mislead consumer
- practice must be considered from
perspective of a reasonable consumer
- must be likely to affect consumer’s
choice of product
FTC Enforcement Powers
- guides
- voluntary compliance
- consent orders
- cease and desist (litigated) orders
- substantiation
- corrective advertising
- injunctions
- trade regulation rules
Copyright
Balancing of
Rights
Society’s interest in free flow of information
Individual and corporate interests in protecting intellectual and
artistic property
Copyright Laws
1790 law gives authors right to protect their works for 14+14 years
in 1800’s revised to 42 years and various
material added to list of protected works
1976 new law extends to 50 years after life of creator
What May be
Copyrighted
original works of
authorship
News or facts are not copyrightable, but style in which they are
presented can be.
fixed in a tangible medium
Fair Use - allows
use of copyrighted works without permission of author
purpose and character of use
nature of copyrighted work
amount/proportion of work used
effect of use on market
Criteria for
Determining Infringement
originality
access
copying and substantial similarity
Copyright and the
Internet - more of an issue than traditional media
Quality of copy
Amount of material
Ease of copying
Ease of distribution
International accessibility
Key Laws and Court
Cases
Sony Corp. v Universal Studios - 1984
•
Use of VCRs does not violate
copyright
Audio Home Recording Act – 1992
•
Cannot make multiple copies
Digital Millenium Copyright Act – 1998
•
Cannot create anticopying devices
Digital Media and
Copyright
MP3 players – okay to make
Napster – peer-to-peer sharing violates copyright
DVD’s – DeCSS software not legal
Other Internet
Copyright Issues
Cybersquatting - buying and selling of URL's
Links and frames
Metatags
Digital Copyright
Solution Options
Technical
Laws and regulations
Economic
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