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Media Law Basics

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Prior Restraint

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Prior restraint is the government action that prohibits speech or other expression before it can take place.

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Privacy Laws

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Privacy laws protect individuals from unauthorized use or disclosure of private information.

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Miller Test

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The Miller test is the Supreme Court's test for determining whether speech or expression can be labeled as obscene, which is not protected by the First Amendment.

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Broadcast Standards

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Broadcast standards are regulations established by governing bodies that determine what is permissible on over-the-air broadcast television and radio.

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Trademark

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A trademark is a recognizable sign, design, or expression that identifies products or services of a particular source from those of others.

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Defamation

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Defamation is a false communication, either spoken (slander) or written (libel), that harms someone's reputation.

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Gertz v. Robert Welch, Inc.

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A 1974 Supreme Court case that established the standard of first amendment protection against defamation claims brought by private individuals.

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Freedom of Information Act (FOIA)

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FOIA is a federal law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government.

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Fair Use Doctrine

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The Fair Use Doctrine allows limited use of copyrighted material without permission for purposes like education, news reporting, or satire.

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Public Figure

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A public figure is an individual with public prominence or fame, which in defamation cases, requires proof of 'actual malice' to claim damages.

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Net Neutrality

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Net neutrality is the principle that Internet service providers should enable access to all content and applications regardless of the source, without favoring or blocking particular products or websites.

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Copyright

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Copyright is a legal right that grants the creator of original work exclusive rights to its use and distribution, typically for a limited time.

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Digital Millennium Copyright Act (DMCA)

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The DMCA is a 1998 U.S. law that criminalizes the production and dissemination of technology, devices, or services that circumvent copyright protections.

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Children's Online Privacy Protection Act (COPPA)

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COPPA is a U.S. federal law that places parents in control over what information is collected from their young children online.

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Telecommunications Act of 1996

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The Telecommunications Act of 1996 was the first significant overhaul of U.S. telecommunications law in more than sixty years, aimed to let any communications business compete in any market against any other.

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Right of Publicity

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The right of publicity is the right of an individual to control the commercial use of their identity, such as name, likeness, or persona.

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Commercial Speech

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Commercial speech is speech done on behalf of a company or individual for the intent of making a profit.

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Section 230 of the Communications Decency Act

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Section 230 provides immunity from liability for providers and users of an interactive computer service who publish information provided by others.

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Music Licensing

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Music licensing is the process where copyright holders grant permissions for their music to be used in various forms of media.

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Cyber Libel

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Cyber libel refers to defamation that occurs in cyberspace, meaning through the internet, such as on social media, websites, or email.

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