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JRN 101 FINAL STUDY GUIDEPart I. Midterm Information and Quiz Information prior to MidtermQuestion: Who set up the first British printing press?Answer: William CaxtonWhy did the government seek to restrict the printing press?The government wanted to maintain power so they set limitations on publishing (bonds, taxation,licensing) in order to reduce the amount of published works and readers. Also, whatever was published was required to be approved by the government beforehand so no complaints or negative statements were to be made about the government.True orFalse: British control of the press during the 300 years following the first printing press was generally successful.Answer: TrueDo you think a judge should be able to issue a gag order to prevent parties involved in the case from talking to the press?- Agag order(form of prior restraint)is an order, typically a legal order by acourtor government, restricting information or comment from being made public, or in some cases, passed onto any unauthorized third party.o Prior restraint is censorship imposed, usually by a government, on expression before the expression actually takes place. Prevent libel (defamation in other media such as printed words or images) or false information from being published.- Gag orders may be used, for example, to keep legitimate trade secrets of a company, to protect the integrity of ongoing police or military operations, or to protect the privacy of victims or minors. Conversely, as their downside, they may be abused as a useful tool for those of financial means to intimidate witnesses and prevent release of information, using1the legal system rather than other methods of intimidation.- A 'gag law' may limit freedom of the press, by instituting censorship or restricting access to information.- Gag orders interfere with efforts to gather and disseminate news. Orders prohibiting participants in a case from commenting to reporters or the public also infringe on the First Amendment rights of the individuals gagged.Do you think the First Amendment should also protect the distribution of ideas and messages in addition to the publication of ideas and messages?My opinion: Yes- "Publication" is a technical term in legal contexts and especially important in copyright legislation. An author of a work generally is the initial owner of the copyright on the work. One of the copyrights granted to the author of a work is the exclusive right to publish the work.- In the United States, publication is defined as:o The distribution of copies of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.- Distribution: the final stage in publication involves making the product available to the public, usually by offering it for sale.Prior restraint of distribution is unconstitutional because publication and distribution of what has been published go hand in hand.Generally, what does the First Amendment say with regard to the press?Congress shall make no law abridging the freedom of speech and of the press.What other rights does the First Amendment protect?- Freedom of expression2- Freedom of the people to peaceably assemble- The right to petition the government for a redress of grievances- Freedom of religionQuestion: What did the first printing presses allow one to do?Answer: Communicate with masses of peopleShould the news media be the watchdog (Fourth Estate) over the other$three branches of government?- The three branches of government (executive, legislative and judicial) make, enforce and interpret laws and public policy. The media tells the people what the three branches of government are doing. Just as the three branches have a system of checks and balances that keeps one branch from wielding too much power, the media are the watchdog of all three branches, and they keep the public informed of the government’s activities, good and bad. Without the media, people would know little about what our elected officials aredoing.- The press plays a valuable role for the American people and is a fundamental aspect of our democracy. Without the media, the American people won't have the type of information they need to hold their leaders to account.o The press is performing a necessary, adversarial function- An adversarial process is designed to uncover deceit and falsehood by ensuring that claims and arguments are subjected to meaningful scrutiny by some opposing force. An adversarial press means that it views its function as a watchdog over the Government, as a check on its power. It fulfills that function by viewing Government statements and actions skepticallyand with the intent to scrutinize them and determine their truth, rather than mindlessly convey what the Government asserts.A few years ago, there was a book that provides instructions on how to be a hit man. Should sucha book be allowed to be published?My opinion: as long as the book did not advocate homicide and encourage the reader to commit such a crime, then yes.3Should citizens be able to$criticize the$president in times of national crises?My opinion: to take away then rights from a citizen would undermine democracy, so yes.- The Arguments Against Silencing Free Speech in Times of Crisis:there is no evidence that giving up our political liberties is going to help the economy. If anything, freedom ofspeech is vital when we have a new situation with new problems. Creative ideas are needed that can be floated and tested in the public dialogue before being tried out. In a crisis it becomes clearer than in peacetime that the economy is not independent of what happens in the political arena. If the economy is to function better some tasks are perhapsnot best handled by the private economy (for example, security personnel at airports). Unless we can debate that issue, our decisions are likely to be arbitrary and unintelligent.Should there be a suspension of civil liberties during times of$national crises? Why?My opinion: no, although I could understand the public may wish this because of fear in times ofnational crises, it would result in many otherwise innocent citizens being punished.- Suspension of civil liberties during times of national crises have led


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SCSU JRN 101 - FINAL STUDY GUIDE

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