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Chapter 16 – Legal Controls


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COM130 - Survey of Professional Media course at Lindenwood University in St. Charles, MO.

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Chapter 16 – Legal Controls

  1. 1. Chapter 16 – Legal Controls<br />While these slides were created using material from the above textbook, they are not official presentations from the publisher, Bedford/St. Martin’s. In addition, many slides may contain professor’s supplemental notes on various media topics.<br />
  2. 2. “Our nation’s historical development can often be traced to how much or how little we tolerated speech during particular periods.” --Media & Culture<br />
  3. 3. The First Amendment <br />Models of Expression – Types of Press<br />Forms of Unprotected Speech<br />Our Responsibility As Citizens<br />Copyright<br />Net Neutrality<br />
  4. 4. First AmendmentU.S. Constitution<br />“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for redress of grievances.”<br />
  5. 5. Freedom of the PressGlobal Statistics – Surveying 195 Countries<br />64% of the world’s people live in “partly free” or “not free”<br />Source:<br />
  6. 6. Models of Expression – Types of Press<br />Authoritarian Model: the belief that the general public <br />needs guidance from an elite, educated ruling class. No <br />tolerance for government criticism and public dissent. <br />Private enterprise controls the news – there is concern <br />about keeping the peace and maintaining the status quo.<br />Communist or State Model: press is <br />controlled by the government because state <br />leaders believe the press should serve the <br />goals of the state. (China, Cuba, North Korea)<br />Fourth Estate: press operates as an unofficial branch of government that monitors the<br />legislative, judicial, and executive branches for abuses of power. Usually press is <br />privately owned. Spirit is to provide citizens information so they can make <br />informed decisions regarding political and social issues.<br />
  7. 7. Censorship is generally defined by the courts as “prior restraint”<br />Courts and governments cannot block any publication or speech before it actually occurs<br />
  8. 8. Seditious Expression during times of “clear and present danger”<br />Copyright Infringement<br />Libel/Slander<br />Obscenity<br />Indecency <br />Gag Orders/Shield Laws<br />A person’s right to privacy<br />Forms of Expression Not Protected<br />
  9. 9. Legally protects the rights of authors and producers to their published or unpublished writing, music. Lyrics, TV programs, movies or graphic art designs.<br />Copyright extends to life of the author plus fifty years, or seventy-five for a corporate owner – now add twenty more to that<br />Then, works enter the “public domain” where the public has free access to the work<br />Copyright<br />Digital culture adds new <br />questions about copyright law<br /><ul><li>Blogs
  10. 10. Google/Yahoo aggregators
  11. 11. Youtube
  12. 12. We live in “remix” culture</li></li></ul><li>What IS Net Neutrality?<br />Via Wikipedia:<br />“The principle advocates no restrictions by Internet service providers and governments on content, sites, platforms, the kinds of equipment that may be attached, and the modes of communication.”<br />Advocates want to keep the Internet an “open” medium<br />
  13. 13. As citizens, we must:<br />Engage in public debate about media ownership<br />Pay attention to those excluded from opportunities to buy products and shape the cultural landscape<br />Challenge journalists and leaders<br />Become watchdogs and critical consumers<br />Our Responsibility…<br />