Media Law
First Amendment
“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 of
the right of the people peaceably to
assemble, and to petition the government
for a redress of grievances.”
U.S. Constitution

First Amendment
Bars government from limiting free
expression
 Became part of the Constitution in 1781
 Set the US apart from all other nations at
the time, guaranteeing government would
not interfere with free expression

Copyright
Copyright laws prohibit the unauthorized
recreation of intellectual property (books,
music, movies, and other creative
productions)
 How copyright works
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All intellectual properties have copyright protection
the moment they are created
Copyright laws protect the author for a lifetime
plus an additional 70 years after the author’s
death
Copyright
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Copyright and the Web
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Digital Millennium Copyright Act of 1998
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Provides protection for companies who post information
on the Web
Music Licensing
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Music licensing organizations protect artists and
their music
The largest licensing organizations are American
Society of Composers, Authors and Performers
(ASCAP) and Broadcast Music Inc. (BMI)
Privacy Law
Idea that people have a right to limit
intrusions on their privacy
 Intruding on solitude

Courts recognize a person’s right to
solitude and will punish reporters who go
too far.
 Reporters are free to pursue stories in
public settings or when invited into private
areas for stories.
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Prior Restraint
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Public Nuisances
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A law that allowed authorities to shut down
obnoxious newspapers
Government has the right to remove things that
are against the common good
Prior restraint, which is prohibiting expression in
advance, was disallowed under the U.S.
Constitution
Protection for the press is not absolutely unlimited
Prior Restraint
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National Security
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Military Operations
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The Supreme Court has been consistent in that the
government has a censorship right when national security is
at stake.
U.S. has required correspondents to submit their copies for
review before transmission
Pool reporters, selected reporters who share stories and
photos with others, are allowed.
“Fire!” in a crowded theater
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Clear and present danger (a long-lived justification for
government prior restraint)
Prior Restraint

Courts drawing the line between public and
private
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Hospital room is considered private.
Private business is considered private.
Expectation of privacy can go either way.
Harassment
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A person surrenders most privacy protections in public
places unless hounded mercilessly.
Harassment is considered “going far beyond the reasonable
bounds of news gathering.”
Bad tendency test (early justification for government prior
restraint)
Journalism Law
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Court Coverage
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Sunshine Laws
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News media have freedom to cover events,
however, sometimes this creates chaos.
Require government meetings, documents be
open to the public.
Freedom of Information Act was passed in 1966,
specifying how people could request documents.
Confidential Sources

Several states adopted “shield laws” which allows
journalists to protect identification on confidential
sources.
Slander and Mass Media
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Libel
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A written defamation
New York vs. Sullivan (became a landmark in libel
law and was a libel case that largely barred public
figures from the right to sue for libel).
Fair Comment and Criticism
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Doctrine that permits criticism of performers,
performances
Cherry Sisters (1901, were desperate for respect,
decided to sue the next newspaper reviewer who
gave them a bad notice).
Slander and Mass Media
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Trespass, Fraud and Libel
1998, Utah Restaurant Association sued
television station KTVX for report on
roaches in restaurant kitchens and
unsanitary food handling and storage. This
was considered trespassing.
 ABC had committed fraud by sending
undercover reporters to get the Food Lion
payroll to investigate the back rooms.
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Censorship
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Communications Decency Act
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Created in 1996 to keep dirty material on the Web
away from children
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Two flaws: defining indecency and possibility of denying
questionable material to children without restricting
freedom of speech for adults.
The Act never passed.
Local Censorship
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Many counties tried restricting sexually explicit
publications (with little success).
“War Zones” were created (neighborhoods where
pornography is permitted)
Censorship
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Library and School Boards
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Sometimes libraries keep certain books off
shelves because they offend the majority
of the library board. Some school boards
try to ban certain books, with little success.
Important People
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John Perry Barlow
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James Madison
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Co-founder of Electronic Frontier Foundation
He doubts the traditional notion that creativity is
dependant on financial incentive created by
copyright law.
Author of First Amendment
Benjamin Gitlow
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His appeal resulted in a ban on state laws that
restrict free expression
Important People
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Charles Evans Hughes
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Daniel Ellsberg
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Leaked Pentagon documents on Vietnam War to
New York Times
Oliver Wendell Holmes
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Chief Justice who wrote the decision in Near vs.
Minnesota
Justice who wrote “Fire!” in a crowded theater
justification for prior restraint.
Charles Schenck
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His appeal resulted in first articulation of clear and
present danger.
Important People
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Ron Galella
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Celebrity photographer
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Earl Caldwell
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Obsessed with Jackie Kennedy Onassis
Dealt with right to privacy vs. right to photograph
Refused to reveal confidential news sources
David Boies
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Had a case against Microsoft dealing with Napster
“As print and electronic media are the
public's chief source of information
about trials and that media coverage of
legal proceedings contributes to public
understanding of the rule of law,...the
public interest lies with the unfettered
ability...to report on the news."
--Judge Leoni Brinkema, ruling in
FACTNet case