Journalism Final Exam 04 29 2013 First Amendment There are laws that restrict freedom of speech Commercial Speech the speech related to the market place speech of buying and selling Ends up in courts more often Courts regulate this Some restrictions o Puffery deceptive advertising reasonable consumer standard Puffery is legal Consumer knows they re joking o Appropriation using someone s image without their permission for advertising Not restricted to advertising Restriction of freedom of speech o Freedom is there but only goes so far Political Speech What are shield laws Protects a reporter s right to maintain confidentiality of sources No federal shield laws o Different states have different shield laws o Basically have the same gist o Reporters would rather not have laws because it regulates also makes them safe don t need shield laws because we have first amendment o Why do reporters have mixed feelings Prior restraint and what are the exceptions What is our definition of ethics What is the first statement of the ethics of society of professional journalists To seek truth and report it Libel A false communication that wrongfully injures the reputation of others DPIND Depend deep end o Defamation somebody has to be held up for scorn ridicule or hatred o Publication must be published o Identification o Negligence got it wrong falsehood New york times vs Sullivan Public figures that are in the news a lot held to higher standard has to prove actual malice Actual malice knowing falsehood or reckless disregard for the truth o Damage In theory there s only one defense against libel What is supposedly the bullet proof defense against libel Which of these five things is the best defense The provable truth of the story assertion Other political speech restrictions Obscenity o Offends average person using community standards o Depicts offensive sexual content o Lacks redeeming social value Exceptions to prior restraint o Telling news media ahead of time saying you can t publish o Government cannot step in ahead of publication and say you something can t publish something Wait until it s published must be illegal National security is an exception Clear and present danger language that you know will cause trouble Ethics knowing our values and acting on them Ethics are values in action Ethics aren t just something that we have they re something that What are ethics we do Ethics problems Three basic categories o Ignorance o Denial o dilemma 04 29 2013 04 29 2013
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