| Dynamics of Mass Communication: Media in the Digital Age, 7/e Joseph R. Dominick
Formal Controls: Laws, Rules, Regulations
Main Points- There is a strong constitutional case against prior
restraint of the press.
- Reporters have special privileges that protect
them in some instances from having to reveal the
names of their news sources. These privileges,
however, are not absolute.
- Reporters can cover matters that occur in open
court with little fear of reprisal. Some pretrial
proceedings can still be closed to the press.
- All but two states now allow cameras in the
courtroom on a permanent or experimental basis.
Cameras and microphones are still barred from
federal trial courts and from the Supreme Court.
- Defamation can be either libel or slander. To
prevail in a defamation suit, a public figure must
show that the published material was false and
harmful and that the media acted with actual
malice when it published the information. A
private citizen must also show that the material
was false and harmful and that the media
involved acted with negligence.
- Invasion of privacy can occur when the media
intrude upon a person's solitude, release private
information, create a false impression, or
wrongfully appropriate a person's name or
likeness.
- Copyright law protects authors from unfair use of
their work. There are instances, however, when
portions of copyrighted material can be
reproduced for legitimate purposes.
- The Napster online file-sharing system has raised
serious questions about copyrights in a digital
medium.
- Obscenity is not protected by the First
Amendment. To be legally obscene, a work must
appeal to prurient interests, depict or describe
certain sexual conduct spelled out by state law,
and lack serious literary, artistic, political, or
scientific value.
- Special regulations and laws apply to
broadcasting. The FCC is charged with
administering the rules and regulations that deal
with cable, TV, and radio. The
Telecommunications Act of 1996 had a major
impact on the electronic media.
- The Federal Trade Commission oversees
advertising. Commercial speech has recently been
given more First Amendment protection.
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