First AmendmentThere are laws that restrict freedom of speechCommercial Speech*- the speech related to the market place; speech of buying and sellingEnds up in courts more oftenCourts regulate thisSome restrictions:Puffery, deceptive advertising, reasonable consumer standard*Puffery is legalConsumer knows they’re jokingAppropriation- using someone’s image without their permission for advertisingNot restricted to advertisingRestriction of freedom of speechFreedom is there but only goes so farPolitical Speech*What are shield lawsProtects a reporter’s right to maintain confidentiality of sourcesNo federal shield lawsDifferent states have different shield lawsBasically have the same gistReporters would rather not have laws because it regulates; also makes them safe; don’t need shield laws because we have first amendmentWhy do reporters have mixed feelings?Prior restraint and what are the exceptionsWhat is our definition of ethics?What is the first statement of the ethics of society of professional journalistsTo seek truth and report itLibelA false communication that wrongfully injures the reputation of others (DPIND- Depend; deep end)Defamation- somebody has to be held up for scorn ridicule or hatredPublication- must be publishedIdentificationNegligence- got it wrong; falsehoodNew york times vs. SullivanPublic figures that are in the news a lot; held to higher standard; has to prove actual maliceActual malice- knowing falsehood or reckless disregard for the truthDamageIn 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 restrictionsObscenityOffends average person using community standardsDepicts offensive sexual contentLacks redeeming social valueExceptions to prior restraintTelling news media ahead of time saying you can’t publish somethingGovernment cannot step in ahead of publication and say you can’t publish somethingWait until it’s published; must be illegalNational security is an exceptionClear and present danger – language that you know will cause troubleWhat are ethics?Ethics: knowing our values and acting on themEthics are values in actionEthics aren’t just something that we have; they’re something that we doEthics problemsThree basic categoriesIgnoranceDenialdilemmaJournalism Final Exam 04/29/2013First Amendment- There are laws that restrict freedom of speechCommercial 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 jokingo Appropriation- using someone’s image without their permission for advertising  Not restricted to advertising- Restriction of freedom of speecho Freedom is there but only goes so farPolitical Speech*What are shield laws- Protects a reporter’s right to maintain confidentiality of sources- No federal shield lawso Different states have different shield lawso 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 exceptionsWhat is our definition of ethics?What is the first statement of the ethics of society of professional journalists- To seek truth and report itLibel- 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 hatredo Publication- must be publishedo Identificationo 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 trutho DamageIn 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- Obscenityo Offends average person using community standardso Depicts offensive sexual contento Lacks redeeming social value- Exceptions to prior restrainto Telling news media ahead of time saying you can’t publish somethingo Government cannot step in ahead of publication and say you 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 troubleWhat are ethics?- 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 we doEthics problems- Three basic categories o Ignoranceo Denialo