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Media Law and Ethics

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First Amendment Protections

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Description: The First Amendment to the U.S. Constitution protects freedom of speech and the press. Example Cases: New York Times Co. v. United States, where the Supreme Court upheld the publication of the Pentagon Papers.

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Defamation

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Description: Defamation involves false statements made about someone that injures their reputation. Example Cases: Hustler Magazine v. Falwell, where the Supreme Court ruled that intentional infliction of emotional distress was not grounds for defamation when the statement was about a public figure and was clearly a parody.

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Fair Use Doctrine

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Description: The fair use doctrine allows limited use of copyrighted material without permission for purposes like criticism or education. Example Cases: Campbell v. Acuff-Rose Music, Inc., where the Supreme Court recognized parody as a protected form of fair use.

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Privacy Rights

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Description: Privacy rights protect individuals from unwarranted public disclosure of private facts. Example Cases: Cox Broadcasting Corp. v. Cohn, where the Supreme Court held that the First Amendment protected the media's right to publish publicly disclosed facts.

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Intellectual Property

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Description: Intellectual property law protects the use of creative works to encourage innovation and creation. Example Cases: MGM Studios v. Grokster, Ltd., where the Supreme Court held that companies could be held liable for inducing copyright infringement.

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Freedom of Information Act (FOIA)

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Description: FOIA provides public access to records from any federal agency. Example Cases: Environmental Protection Agency v. Mink, where the Supreme Court ruled on the extent of agency documents that must be disclosed under the FOIA.

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Net Neutrality

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Description: Net neutrality principles dictate that internet service providers should enable access to all content and applications regardless of the source without favoring or blocking particular products or websites. Example Cases: Mozilla Corp. v. FCC, where net neutrality regulations were challenged.

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Sunshine Laws

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Description: Sunshine laws require governmental proceedings to be open to the public. Example Cases: Times Publishing Co. v. Williams, where the Supreme Court ruled on the necessity of open judicial proceedings.

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Broadcasting Regulations

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Description: Broadcasting regulations oversee the content and operations of broadcast stations. Example Cases: FCC v. Pacifica Foundation, where the Supreme Court upheld the FCC's authority to regulate indecent material on public airwaves.

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Media Ownership Laws

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Description: Media ownership laws regulate the concentration of media ownership to prevent monopolies and ensure diverse opinions. Example Cases: FCC v. Prometheus Radio Project, a recent case dealing with the rules governing media ownership.

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False Light

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Description: False light is a privacy tort that involves portraying someone in a misleading way that could be damaging. Example Cases: Time, Inc. v. Hill, where the Supreme Court dealt with issues of privacy and false light in publishing.

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Prior Restraint

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Description: Prior restraint refers to the government's ability to prevent the publication or broadcast of certain material. Example Cases: Near v. Minnesota, where the Supreme Court ruled that prior restraint is unconstitutional except in extremely limited circumstances.

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Children's Privacy

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Description: Children's privacy laws protect the personal information of children online. Example Cases: The Children's Online Privacy Protection Act (COPPA) is a landmark law in children’s privacy.

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Commercial Speech

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Description: Commercial speech is a type of speech not entirely protected under the First Amendment, generally because it advertises a commercial transaction. Example Cases: Central Hudson Gas & Electric Corp. v. Public Service Commission, where the Supreme Court developed a test for determining whether regulations on commercial speech are constitutional.

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Journalist's Privilege

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Description: Journalist’s privilege refers to a journalist's right to withhold sources or unpublished material in the course of legal proceedings. Example Cases: Branzburg v. Hayes, where the Supreme Court acknowledged limited protections for journalists under the First Amendment.

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Media Bias

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Description: Media bias involves the perception or presentation of information in a way that is partial or prejudiced. Example Cases: There are no specific legal cases addressing media bias, but it is a significant ethical concern in media studies.

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Cyberbullying

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Description: Cyberbullying is the use of electronic communication to bully a person, often by sending messages of an intimidating or threatening nature. Example Cases: United States v. Drew, a case involving cyberbullying that led to a teenager’s death.

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Online Defamation

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Description: Online defamation is the act of publishing false statements on the internet that harms someone's reputation. Example Cases: Barrett v. Rosenthal, where the California Supreme Court held that internet service providers are not liable for defamatory information posted by third parties.

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Shield Laws

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Description: Shield laws protect journalists from being compelled to testify about their sources or work in court. Example Cases: Zurcher v. Stanford Daily, where the Supreme Court decision led to the passage of shield laws in various states.

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Advertising Regulation

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Description: Advertising regulation covers the laws and guidelines ensuring that advertising is truthful and not misleading. Example Cases: Lorillard Tobacco Co. v. Reilly, where the Supreme Court dealt with state regulation of tobacco advertising.

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Media Monopolies

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Description: Media monopolies refer to the concentration of media ownership, which can lead to reduced competition and diversity of viewpoints. Example Cases: United States v. AT&T, a case concerning AT&T's proposed acquisition of Time Warner.

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Representation in Media

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Description: Ethical issues concerning representation in media pertain to the accurate and fair depiction of different races, genders, and other groups. Example Cases: This is generally not litigated, but is a subject of media critique and analysis.

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Digital Rights Management (DRM)

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Description: DRM is a set of access control technologies to limit the use of digital content and devices. Example Cases: Sony Corp. of America v. Universal City Studios, where the Supreme Court discussed the legality of VCRs for home recording, impacting the future of DRM laws.

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Censorship

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Description: Censorship involves the suppression of speech, public communication, or information that may be considered objectionable by a governing body. Example Cases: Island Trees School District v. Pico, where the Supreme Court ruled on the removal of books from libraries based on their content.

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Public Interest

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Description: The public interest refers to the general welfare of the public that justifies recognition, regulation, and protection in media law. Example Cases: NBC v. United States, where the court discussed the FCC’s role in regulating broadcasting in the public interest.

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Right of Publicity

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Description: The right of publicity involves an individual's right to control and profit from the commercial use of his/her name and likeness. Example Cases: Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc., where the concept of the right of publicity was first recognized by an American court.

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Media Literacy

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Description: Media literacy concerns the ability to access, analyze, evaluate, and create media in a variety of forms. Example Cases: Typically not a legal issue, but an educational initiative to promote critical thinking and informed media consumption.

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Ethical Journalism

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Description: Ethical journalism involves maintaining standards of fairness, accuracy, and integrity in reporting. Example Cases: Janet Cooke's fabricated Washington Post story, which led to her returning a Pulitzer Prize.

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Content Moderation

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Description: Content moderation is the practice of monitoring and applying predetermined rules and guidelines to user-generated content to determine if it is appropriate. Example Cases: Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, a case where the court ruled on the liability of online platforms for user-generated content.

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Digital Privacy

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Description: Digital privacy concerns the protection and confidentiality of personal information shared online. Example Cases: Carpenter v. United States, where the Supreme Court ruled on the expectation of privacy in digital location data.

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