Download Test #3 Ch.9-13 | COMM 206 - Communication and Media Law and more Quizzes Communication in PDF only on Docsity!
Public Ownership of the airwaves
Broadcasters do not own the frequencies in which they broadcast- the airwaves are owned by the public, and broadcasters are allowed to use them as a privilege, with the FCC as the custodian. TERM 2
Scarcity
DEFINITION 2 There are a limited number of frequencies on which broadcasters can operate, the Supreme Court has determined that govt regulation of those frequencies- specifically through its licensing procedure- is justifiable. TERM 3
Pervasiveness
DEFINITION 3 Radio and broadcasting are not always obtrusive, but they have the potential to be so. If an individual is offended by something in the print media, he/she can simply choose not to look at it. That is not the case with broadcasting. TERM 4
Red Lion Broadcasting vs. FCC
DEFINITION 4 The Supreme Court upheld the FCC's authority to regulate broadcasting, ruling that its authority did not violate the First Amendment.ex. Controversial author Fred Cook was attacked on a radio station and asked for time to respond under the FCC regulation known as the Fairness Doctrine that required broadcasters to provide such opportunities. The station denied him that right and the FCC stepped in to enforce the rule. The SC ruled the fairness doctrine was valid. In majority opinion they said the rights of the viewers and listeners were more important than the rights of the broadcasters. TERM 5
FCC vs. Pacifica
DEFINITION 5 FCC established a rule that radio stations could only air indecent material between the hours of 10p.m. and 6 a.m.FCC took action on "Filthy Words" skit by comedian George Carlin because:1.) radio was accessible by unsupervised children2.) Listeners might not hear warnings such as the one provided before the Carlin skit.3.) the scarcity of the broadcast spectrum required the commission to exercise its regulatory authority.
U.S. vs. Midwest Video
FCC established a "must-carry" rule that required cable companies to include local stations in its offerings.The FCC maintained its regulatory rule over cable television, but stopped short of proposing a licensing procedure. TERM 7
Reno vs. American Civil Liberties Union
DEFINITION 7 A Federal District Court in PA ruled that COPA was also unconstitutional because it did not rectify the CDA's shortcomings. TERM 8
(COPA) Child Online Protection Act
DEFINITION 8 In 1998, the Court adopted the Child Online Protection Act, which prohibited commercial website operators from making sexually explicit material available to minors. Signed into law by Clinton and endorsed by Bush administration that followed. TERM 9
Defamation on the Internet
DEFINITION 9 In most cases, the courts have ruled that the legal liability of Internet Service Providers [ISP] for libelous content depends heavily on the amount of editorial control the [ISP] exercises. Because most ISP's do not regulate the content of material disseminated on their networks (and often post disclaimers to that effect), they are largely immune from libel suits. TERM 10
Spoofing
DEFINITION 10 The method of disguising commercial electronic mail messages to appear to be personal in nature.
Trade Secrets
Protection for information or processes such as those used in manufacturing. TERM 17
Length of Copyright protection
DEFINITION 17 Lasts for 70 years past the life of the creator (for work created by an individual).For work created by an organization, cp lasts for 120 years after its creation or 95 years after its first usage, whichever comes first. TERM 18
Commercial Advertising
DEFINITION 18 aka Commercial Speech, deals with products and services. TERM 19
Political Advertising
DEFINITION 19 deals w/ candidates for public office and issues being debated in society. TERM 20
Regulation of Political Advertising
DEFINITION 20 Courts generally rule that in poli. campaigns-either those involving candidates running for an office or a public referandum on an issue- spending money is analogous to speech and is therefore worthy of First Amendment protection.
Bill Stuffer
a way to communicate w/ customers by including informational items with statements and bills. TERM 22
Public Disclosure
DEFINITION 22 The Security and Exchange Commission requires that info that may affect how a company's stock is evaluated must be released in a timely manner and must be in its correct context and not misleading. TERM 23
Insider Trading
DEFINITION 23 The illegal trading of stock based on information not available to the general public. TERM 24
libel
DEFINITION 24 refers to the defamation of a person's character or reputation in a published or broadcast form.-most often assoc. w/ media such as newspapers, magazines, tv, and radio but can also be found in news releases, internal publications, and other PR materials. TERM 25
Appropriation
DEFINITION 25 is the use of a person's name, photograph, image, likeness, or voice to endorse or promote a commercial product or service w/o the indiv.'s consent.non-employees= organizations may not use that person's name, photograph, image, likeness, or voice to endorse a product or service unless that person provides his or her consent in writing.
