MC 3080 : Media Law Final Exam Study Guide
Document Summary
Reasons for free speech: stability/checking function, democratic, marketplace of ideas, self- Risks to public safety: incitement to violence (brandenburg), national security, obscenity, hate speech(protected)/fighting words. Case: new york times v. sullivan; heed their rising voices took out an ad in nyt to raise money for. Mlk in prison; ala. governor asked for retraction & got it, nyt apologized. Malice on part of speaker (had to know it was false) Public figures have to prove actual malice (knowingly published falsehood or reckless disregard for the truth) Private individuals lower standard: negligence (failure to exercise reasonable care, fact checking, multiple sourcing, etc) Appropriation: unauthorized use of someone"s name, photo, voice, likeness or endorsement to promote the sale of a commercial product. Entertainment acts (like the human cannonball) can"t record entire act & take away ability for them to make money. Intrusion: f. a. is not a right to trespass. Public property: sidewalks (okay for free speech)/streets (not okay)
