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Questions and Answers
What level of fault must a public official prove in a defamation case?
What level of fault must a public official prove in a defamation case?
Under the law, what must a private person prove in cases involving matters of public concern?
Under the law, what must a private person prove in cases involving matters of public concern?
What is the primary purpose of the USA PATRIOT Act?
What is the primary purpose of the USA PATRIOT Act?
What kind of surveillance methods are associated with global surveillance implications on journalists?
What kind of surveillance methods are associated with global surveillance implications on journalists?
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Which case established the requirement of actual malice for public figures in defamation cases?
Which case established the requirement of actual malice for public figures in defamation cases?
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For a private person, what is generally required to prove in cases relating to matters of private concern?
For a private person, what is generally required to prove in cases relating to matters of private concern?
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What does the Foreign Intelligence Surveillance Act (FISA) primarily focus on?
What does the Foreign Intelligence Surveillance Act (FISA) primarily focus on?
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What is a significant implication of mass surveillance as highlighted by Edward Snowden's revelations?
What is a significant implication of mass surveillance as highlighted by Edward Snowden's revelations?
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What must private plaintiffs prove in defamation cases regarding matters of private concern?
What must private plaintiffs prove in defamation cases regarding matters of private concern?
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Which of the following statements correctly describes the differences in states' approaches to private concern libel cases?
Which of the following statements correctly describes the differences in states' approaches to private concern libel cases?
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What is the distinction between opinion and fact in defamation cases?
What is the distinction between opinion and fact in defamation cases?
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Which of the following statements about data protection laws is true?
Which of the following statements about data protection laws is true?
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From where does the right to privacy originate?
From where does the right to privacy originate?
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Which of the following is not considered a privacy tort?
Which of the following is not considered a privacy tort?
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Which of the following best describes intellectual property (IP) law?
Which of the following best describes intellectual property (IP) law?
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What constitutional source primarily provides for the protection of intellectual property?
What constitutional source primarily provides for the protection of intellectual property?
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Which case established that prior restraints on the press are generally unconstitutional?
Which case established that prior restraints on the press are generally unconstitutional?
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What legal concept is particularly associated with challenges to government censorship of the press?
What legal concept is particularly associated with challenges to government censorship of the press?
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In which case did the Supreme Court rule that a public figure must prove actual malice to win a defamation claim?
In which case did the Supreme Court rule that a public figure must prove actual malice to win a defamation claim?
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What was the key issue in the case of Harper & Row, Publishers, Inc. v. Nation Enterprises?
What was the key issue in the case of Harper & Row, Publishers, Inc. v. Nation Enterprises?
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Which case directly involved the Espionage Act of 1917 in the context of press freedom?
Which case directly involved the Espionage Act of 1917 in the context of press freedom?
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What precedent did Gertz v. Robert Welch Inc. set regarding defamation laws?
What precedent did Gertz v. Robert Welch Inc. set regarding defamation laws?
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Which case highlighted the implications of confidential information supplied by news sources?
Which case highlighted the implications of confidential information supplied by news sources?
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Which case was pivotal in shaping the understanding of public figures in defamation law?
Which case was pivotal in shaping the understanding of public figures in defamation law?
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What does the term 'work-for-hire' imply regarding copyright ownership?
What does the term 'work-for-hire' imply regarding copyright ownership?
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What must be considered when evaluating fair use?
What must be considered when evaluating fair use?
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What is the main purpose of shield laws?
What is the main purpose of shield laws?
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What are the potential consequences for a freelancer who does not have a written agreement about copyright ownership?
What are the potential consequences for a freelancer who does not have a written agreement about copyright ownership?
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Which of the following is typically NOT a benefit of registering for copyright protection?
Which of the following is typically NOT a benefit of registering for copyright protection?
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What does promissory estoppel rely on?
What does promissory estoppel rely on?
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What is a common type of infringement in copyright law?
What is a common type of infringement in copyright law?
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Why do journalists need to protect their sources?
Why do journalists need to protect their sources?
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Study Notes
Media Law Exam 2 Study Guide
- Weeks Covered: Weeks 8-13 cover defamation, fair use, freedom of speech, prior restraints, confidential sources, work product, and copyright.
Dr. Sanders' Study Guide
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Fair-game Cases: Legal cases involving the balance between national security and the public's right to know.
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U.S. v. The Progressive Inc. (1979): This case concerned an injunction to prevent the publication of a story about the Atomic Energy Act, specifically the H-Bomb Secret article. The government claimed the information would reveal national secrets and assist in the construction of a fusion bomb, even though it was compiled from publicly available sources. The court ruled the publication could proceed.
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New York Times Co. v. United States (1971): Also known as the Pentagon Papers case, this case involved the Nixon administration's attempt to prevent the NYT and WaPo from publishing documents related to the Vietnam War. The Supreme Court ultimately decided against the government, stating there was no immediate, direct, and inevitable harm from publishing the information.
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New York Times Co. v. Sullivan (1964): This case established the standard of "actual malice" for public figures in libel cases. The Court held that to be liable, a public figure had to prove the statement was false and made with knowledge of falsity or reckless disregard (actual malice).
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Curtis Publishing Co. v. Butts (1967): This case, concerning a published article that accused two football coaches of conspiring to fix a game, further clarified the definition and application of "actual malice."
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Gertz v. Robert Welch, Inc. (1974): This case distinguished between public figures and private individuals in libel cases, essentially granting more protection to private individuals (negligence standard).
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Philadelphia Newspapers, Inc. v. Hepps (1986): The ruling changed the burden of proof, requiring the plaintiff to show falsity in a libel case.
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Branzburg v. Hayes (1972): Established that the First Amendment does not grant journalists an absolute privilege to refuse to testify before a grand jury; no qualified privilege was created, and the public interest is taken into account.
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Cohen v. Cowles Media Co. (1991): This case concerned whether the First Amendment barred a plaintiff from recovering damages under state promissory estoppel law in a situation involving a newspaper breach of a confidentiality agreement with a source. The Court held that the First Amendment did not bar a promissory estoppel suit against the media.
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Eldred v. Ashcroft (2003): This case upheld the constitutionality of the Copyright Term Extension Act, which extended the terms of copyright protection.
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Harper & Row Publishers, Inc. v. Nation Enterprises (1985): The Court discussed fair use, ruling that the Nation's unauthorized use of copyrighted material from a manuscript was not fair use, especially not the large amount of text.
Legal Terms/Concepts
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Prior Restraints: Government restrictions on speech before it's released to the public. Usually considered unconstitutional unless national security or other compelling interest outweighs freedom of speech.
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Espionage Act (1917), Patriot Act (2001), Foreign Intelligence Surveillance Act (1978): Laws affecting government surveillance of individuals and communications, focusing on whether and how warrantless surveillance may be legal.
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Fair Use: A limited use of copyrighted material without permission, permitted under specific conditions (purpose, nature, amount, effect)
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Defamation: A false statement that hurts someone's reputation.
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Libel: Written defamation.
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Slander: Spoken defamation.
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