THE MEDIA OF MASS COMMUNICATION 11 th Edition John Vivian PowerPoint Prepared by Amy M Carwile Texas AampM University at Texarkana This multimedia product and its contents are protected under copyright law The following are prohibited by law ID: 746638
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Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.
THE MEDIA OF MASS COMMUNICATION 11th EditionJohn Vivian
PowerPoint™ Prepared by Amy M. Carwile Texas A&M University at Texarkana
This multimedia product and its contents are protected under copyright law. The following are prohibited by law:
any public performance or display, including transmission of any image over a network;
preparation of any derivative work, including the extraction, in whole or in part, of any images;
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Chapter 16: Media Law
Thematic ChapterOverviewMedia TechnologyMedia EconomicsMedia & DemocracyMedia & CultureElitism & PopulismMedia Future
Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.Slide3
Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.
How have the consumer rights movement and the copyright community collided?What lessons about copyright can be derived from the Grokster decision?What are the copyright issues in the Google library project?Slide4
Intellectual Property
CopyrightPermissionsAssignmentsPiracy and InfringementConsumer RightsGroksterGoogleGoogle Print Library Project
Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.Slide5
Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.
POINTOnly a chump would pay for something that is available free.If a law is widely ignored it is archaic.It is time for copyright laws to go.Everybody’s doing it. Or just about everybody.COUNTERPOINT
Stealing someone else’s work is hard to justify.It’s all the worse with the intellectual property because the theft discourages creativity that enriches the culture and the lives of everyone.Slide6
Free Expression
Distrust of GovernmentRevolt against the British EmpireFree Expression ProvisionFourth Branch of GovernmentFirst Amendment RediscoveredAlien and Sedition Act of 17981919 Case: Charles Schenck & Elizabeth Baer1925 Case: Benjamin Gitlow
Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.Slide7
Free Expression (continued)
Prior Restraint1931 Case: Near vs. Minnesota1969 Case: Clarence BrandenburgIncitement Standard: 4-part test to determine whether advocacy speech is constitutionally protectedAllowable AbridgmentsNational SecurityPublic Endangerment
Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.Slide8
Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.
How would you establish the argument that free expression was too complex an issue for the Supreme Court to tackle in the first 130 years of the existence of the United States? What are the allowable exceptions to the First Amendment prohibition on government interference with free expression? What is the basis for these exceptions?Slide9
Broadening Protection
Political ExpressionLiteratureRandom HouseJames Joyce & UlyssesGrove PressD.H. Lawrence & Lady Chatterley’s LoverEntertainmentThe MiracleAdvertising
New York Times v. SullivanCopyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.Slide10
Broadening Protection (continued)
Political Expression (continued)Emotive SpeechPaul Robert CohenHate SpeechR.A.V. v. St. PaulBroadcast RegulationPublic Airwaves
Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.Slide11
Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.
What are arguments for and against First Amendment protection for four-letter and related vulgarities, flag-burning and hate speech?How has government regulation of broadcasting been justified when regulation of print media is clearly unconstitutional?Slide12
Defamation
Libel as a ConceptReckless DisregardNew York Times v. SullivanPublic FiguresGovernment Officials, political candidates, publicity houndsComment and CriticismCherry SistersCarol Burnett
Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.Slide13
Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.
How many people can you name who fall into a gray area that was created by New York Times v. Sullivan between public figure and private figure?Disparaging comments about an individual are legally protected in mass communication in some situation but not in others. Consider a celebrity. What is off-limits? What is not?Slide14
Indecency
Pornography vs. ObscenityProtecting ChildrenAccessCommunications Decency ActCopyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.Slide15
Copyright 2013, 2011, 2009 Pearson Education, Inc. All Rights Reserved.
How are pornography and obscenity different?What is the difficulty of enforcing indecency restrictions for children but not adults?