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JOURNALISM 200: HISTORY OF JOURNALISM FINALS STUDY GUIDEMEANS OF FOMAL REGULATION IN THE MEDIA: - Laws- Court Rulings- Administrative regulations- Binding professional codesEXAMPLES OF FORMAL REGULATION: - Censorship- Prior restraint on publication- Post-publication penalties- Media specific regulationHISTORICAL CONTEXT FOR MEDIA REGULATION: - Alien and Sedation Acts of 1789 – made criticizing the government illegal and ten peoplewere jailed. - Espionage and Sedation Acts of 1917 and 1918IMPORTANT PRECEDENTS:- Near vs Minnesota (1931) – was a landmark United States Supreme Court decision that recognized the freedom of the press by roundly rejecting prior restraints on publication, a principle that was applied to free speech generally in subsequent jurisprudence.- Pentagon Papers (1971) - The Pentagon Papers, officially titled "Report of the Office of the Secretary of Defense Vietnam Task Force", was commissioned by Secretary of Defense Robert McNamara in 1967. In June of 1971, small portions of the report were leaked to the press and widely distributed. However, the publications of the report that resulted from these leaks were incomplete and suffered from many quality issues.POST PUBLICATION PENALTIES: - Libel- Obscenity- Invasion of privacyBROADCAST REGULATION: - By Federal Communications- Technical issues- Indecency - Equal ADVERTISING REGULATION - Federal Trade Commission (NOT to be confused with Federal Communications!)- Monitors deception and fraud FREE SPEECHQUALITIES OF FREE SPEECH: - Freedom to communicate with no fear of punishment - Freedom from compulsory speech- Freedom from government domination of channels- Freedom of access to mediaSupreme Court Justice Thurgood Marshall on free speech and the first amendment: “The first amendment serves not only the needs of the policy but also those of the human spirit – a spirit that demands self-expression.” (Since he uses self-identification fill in the blanks, this quote could be useful – just to know Marshall said it.) CRITERIA FOR RESTRICTING FREE SPEECH- When the best interest of groups or societies outweigh the rights of the individual.For example – reporters cannot say the location of troops for national security purposes. - When irreparable harm is imminent- When an individual is harmed unfairly. For example: publishing a story full of lies that ruins the reputation of a person. - When speech is equivalent to a prohibited act. It was Thomas Jefferson who once said “the only security for all is a free press.” ADVERTISING AND MEDIA STRUCTURES - First newspaper ad was in the first newspaper, Boston Newsletter - Ben Franklin used illustrated ads – and so did the penny press- HUGE development after civil war – why? Because transportation and mailing allowed rise in consumer advertising. Immigration doubled the population and industrialization increased production. Technology + communication made it easier.IMPORTANT PEOPLE TO KNOW FOR THE EXAM – RICHARD HARDY DAVIS – He was a huge celebrity due to his very successful war corresponding. He covered the Spanish-American war, bore war at South Africa, and WWI (where he was captured by Germans but managed to escape – fun fact, might be on the exam – doubt it). He set the stage for broadcast war correspondents.ERNIE PYLE – Remembered as “Most famous war correspondent.” He was famous for his personal accounts on ordinary soldiers. He covered WWII. He truly believed that you could cover stories better through the soldier’s point of view. His writing attracted a very loyal audience. MARGERET HIGGINS – One of the first prominent female war correspondents. Advocacy journalist WALTER WINCHELL – gossip columnist. He started freelancing in the 1920s. He was hired byHearst. He was considered one of the most powerful journalists. In fact, during that time period, he was also the richest. His columns sold to several newspapers. WALTER LIPPMANN – represented punditry. (Punditry – wise opinionated reporting) He was the closest thing journalism ever had to a philosopher. ETHEL PAYNE – African American women who was an advocacy journalist. Spent more than 25 years a writer for the Chicago Defender – an African American newspaper. She was partlyan opinion columnist, and partly a reformer. BOB WOODWARD AND CARL BERNSTIEN – represented investigative journalism. They broke the story of Watergate which “exposed illegal activities undertaken by members of the Nixon administration. Those activities included "dirty tricks" such as bugging the offices of political opponents and people of whom Nixon or his officials were suspicious.” This led to Nixon’s


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UMD JOUR 200 - MEANS OF FORMAL REGULATION IN THE MEDIA

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