Mmc 4200 Exam 2

MMC 4200-Spring 2012 Review Sheet for Second Exam Copy dependable2012 Prof. Sandra Chance Chapter 5- hiding1. Where did the counterbalance to secrecy sustain from?Development of the 20th century and lots traced back to an 1890 article in the Harvard Law Review written by Samuel Warren and Louis Brandeis who argued that advances in technology and the voyeurism of urban newspapers necessitated new legal protections for privacy.The mighty to privacy is protected by the U. S. Constitution. (The right to be let unaccompanied and free from unwarranted semipolitical intrusion.because gossip had become a business, argues that it was root in the individuals dignity in the legal philosophy of copyright and violateRight to privacy isnt in the Constitution, new added on expressed right2. What argon the four torts of privacy? closed-door factsIntrusion a physical or technological onset of a somebodys privacyFalse cast down customary portrayal of someone in a distorted or fictionali zed Appropriation unauthorized commercialisedised exploitation of someones identity3. What argon the elements for a underground fact royal courtship? frequentation of a private matter that is (1) super offensive to a seeming psyche, AND (2)is non of legitimate concern to the unrestricted. -TRUTH is not a defense. -Must be widely set offed. - result of tuition that is so intimate and the publication of which is so unwarranted as to shock or turn uprage the communitys notions of decency4. What ar the defenses to a private fact fictitious character? graduation Amendment Protects most veracious randomness lawfully acquired IF not highly offensive to a reasonable person and of legitimate concern to the public. tidings familiar Records and Occurrences Strange and whimsical? Newsworthiness oer Time Consent5. What are the elements of intrusion? Reasonable aspect to privacy Intentional intrusion of a persons physical seclusion or private affairs Highly offensiv e to a reasonable person Physical, electronically or mechanical Does not require publication, only learning gathering a single person screwing be sued6. What is the ordinary rule about filming, photographing and commemorateing? If it is in public there is am implied live with, if not in a public place try for is needed.Media power burn down photograph, film, and record what they easily see/hear in public places provided they do not harass, trespass or differentwise intrude Public street, parks Quasi-public prison, restaurant or a mall7. When is intrusive behavior typically found not to be highly offensive? Expectation of privacy that you are in, in a place with high - much bidly to be offensive (bedroom or hospital), lower- not typically highly offensive- applies to public figures as well Obamas bedroom is as private as mine 8. What are the rules about secret recording (hidden cameras)? inflict Dietemann v. Time, Inc. Hidden devices are immanent tools of newsgath ering (newsgathering) In Florida it is unlawful to record without other parties, you reserve to obtain permission Cannot audiotape without consent if they induce a reasonable expectation of privacy in Florida9. What are the elements of a trespass? Physical invasion of someones property without the consent of the owner (physical) Only defense is consent Ex Food Lion, went retiring(a) where public is let in, weird meats being exchange sued for the act of trespass but not the instruction required10.What is the defense of custom and usage? See Florida print Co. v. Fletcher. -Custom and Usage, Florida one of the few. It is a defense for intrusion and trespass, public officials gave you implied consent Firefighter letting photographer follow him11. What are the elements of a paradoxical cleared tort? See Cantrell v. Forest City Publishing Co. mortal Not identified Portrayed in a ridiculous light Harmed Distortion deleting elements, fictionalization adding new element s12. When mustiness a plaintiff uprise actual acrimony in a false light case? See Time, Inc. v. Hill. Involved in a newsworthy13.What are the defenses for a false light case? Whats happening in Florida? Remember the Anderson case from our class discussion. Truth, individual was not identified, privileged source, actual malice cogent evidence required by plaintiff, consent, not offensive to a reasonable person Florida does not bang false light only defamation14. What are the elements of annexation? Whats happening in Florida? One who appropriates to his/her own use or benefit the style or colour of another is subject to financial obligation to the other for invasion of privacy.Unauthorized commercial use of anothers name or likeness.Protects a persons property rightRight of publicity Advertisements Look Alikes and Sound AlikesDefenses Newsworthiness? Zacchini v. Scripps? Howard Broadcasting Co. Consent In FloridaLawsuit everywhere Perfect ramp filed by family membe rs of William Tyne, captain of the Andrea Gail.Florida Supreme flirt rules in favor of Warner Brothers.Florida commandment 540. 08 pr in timets the use of a persons name or likeness to directly promote a product or service. Does not possess to publications, including motion submits, which do not promote a product or service.15.What are your defenses if you go about sued for appropriation? See Zacchini v. Scripps-Howard Newsworthiness Consent idiosyncratic not identified The offshoot Amendment16. What are the elements for an wound up distress character? picConduct that atrocious and utterly intolerable in civilized community, outrageous stick out by the media is thought to cause extreme anxiety (usually unsuccessful)17. Whats the discrepancy between private figures and public official/figures suing for intentional hurting of emotional distress? See Hustler Magazine v. Falwell Public figures have to tell actual malice18. What is participant supervise? What is the law in Florida? How is this different from the federal official law? law permits one party to a conversation to record or transmit a conversation without telling the other party, law is less tolerant of third party members recording conversations than must have consent federal law and most states permit participant monitoring if not conducted for criminal purposes 19. Do reporters trespass when they misrepresent themselves to acquire randomness from public businesses? FL no because of custom and usage, other states might be different20. When is the media responsible for physical harm, which results from incitement, negligence or lack of duty not to publish material due to foreseeable harm? Only held liable for foreseeable harm and incitement (when programs or stories appear to cause physical harm- Bradenburg v. Ohio-Hitman manual(a) Chapter 7 Political dialect21. How do the run-in rights of corporations differ from individuals? Do corporations have First Amendment rights to free speech? When can these rights be particular or restrict? See First National swan of Boston v. Belotti and Pacific Gas & electric automobile v. Public Utilities Comm. Corporations can be required to designate against themselves and have no right of privacy Provide commercial culture to consumers Allowed to lobby government Not required to carry messages they oppose22. What are the rules about corporations/individuals contributing to semipolitical streaks? How did these change aft(prenominal) Citizens unify v. FEC? Corporations can give un determined expenditures to promote a aspect. They cannot give personas because it is direct to the campaign.23. Are governmental regulations on corporate speech constitutional? See Buckley v. Valeo. Yes24. What is the two-way labor Re figure out go? The Bipartisan commove Reform Act of 2002 (BCRA) complicates some(prenominal) provisions designed to end the use of nonfederal, or soft funds (money raised away(p) the li mits and prohibitions of federal campaign finance law) for activity touching federal preferences. These include Prohibiting national parties from raising or spending nonfederal monetary resource Requiring state, district and local party committees to fund certain federal election activities with federal funds (i. e. ard money) and, in some cases, with money raised match to new limitations, prohibitions, and reporting requirements (i. e. Levin funds), or with a combination of much(prenominal) funds. constricting fundraising by federal and nonfederal candidates and officeholders on behalf of party committees, other candidates, and nonprofit organizations. Campaign reform act 1974 defined what corporate expenditures were and placed limitations on them. Bipartisan Campaign Reform Act put even more limiations on corporate expenditures and when they could use money to pay for ads and limited whther they25.What is a political action committee? -Political Action Committee26. What ar e the differences between expenditures and contributions, and why are these distinctions significant? Contributions are gifts of money or services given directly to a candidate or campaign committee. The Supreme move in Buckley, felt that hold in contributions helps prevent quid pro quo Expenditures is money spent independently of candidates to preach a companys position. This speech is considered pure speech and therefore is not restricted and limits on them are a direct restraint on political speech27. What are electioneering communications?28. What is express advocacy? Express advocacy is directly promoting a candidate by using buzz linguistic communication such as Vote for__ or Elect __29. What provisions of the BCRA were upheld as constitutional by the U. S. Supreme judicial system in its Citizens United v. FEC close? Preventing corporate and federal campaigns from making contributions directly to candidates was upheld as constitutional 10. What are the concerns rais ed by the Citizens United holding? What are the benefits of this decision? Concerns include quid pro quo or the idea that donating or supporting a candidate pull up stakes require that candidate to help the supporter in the future. Dollars in exchange for votes Instead of giving money to candidate, spending money on candidate Chapter 8 Commercial spoken language 1. How did the First Amendment protections for commercial speech evolve? See Valentine v. Chrestensen and New York Times v. Sullivan. In Valentine v. Chrestensen, the supreme court govern that commercial speech/advertisement feel outside of first amendment protected speech.The Valentine ruling was known as the Commercial Speech Doctrine In NYT v. Sullivan, the Supreme court express political advertisements, even if purchased, were still protected speech 2. What is the extent of First Amendment protection for commercial speech? Virginia province Board of Pharmacy v. Virginia Citizens Consumer Council. The First Amendm ent protects 3. What test does a judge use in determining whether a regulation of advertize is an unconstitutional regulation because it violates the First Amendment? The Four Part Test was created by Hudson Gas v.Public Service Commission Is the speech commercial expression qualified for first amendment protection Does the government have a substantial bear on in regulating the expression Does the regulation directly advance the governmental amuse Is the regulation narrow 4. Does the First Amendment protect false publicize? No 5. When are regulations (also known as prior restraint) permissible when it comes to advertising? What are some other differences between commercial and political speech? 6. What is the Central Hudson test and when is it used? The central Hudson test is the narrowly tailored requirement of the Four Part test. It is used to ensure that regulations on speech are the least restrictive possible. 7. What is the FTC? What does it regulate? Where does its authority come from? What powers does it have? The Federal business deal Commission which operates and receives authority from the Federal Trade Commision Act of 1914. Its primary mission is to protect consumers from unfair or shoddy market practices and to promote competition. It has the power to hold investigations, require advertisers to verify the true statement of advertising claims. 8. What is an unfair practice? Unfair practice, as described by Congress, is one that causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or competition. This is more likely to occur in customer treatment than advertisements 9. What is a delusory ad The FTC defines tawdry as one that is likely to mislead a reasonable consumer with a material statement or omission. Advertisements dont necessarily have to deceive someone to be deceptive, they just must have a tendency c apacity or be likely to mislead 0. What are express and implied falsehoods? Express falsehoods are ones that that make a direct representation using the direct meanings of words. They directly state something that is untrue, such as caffeine free coffee that check intos caffeine. Implied falsehoods are statements of omission in advertisements that create a false impression 11. What authorities can regulate advertising? States can enact legislation that prohibits unfair acts or deceptive advertising. Federal government can regulate advertising 12. What is the FTCs mission process? Citizens or competitors can make complaints.Citizens cannot sue finished federal courts. Can only complain to FTC and hope the FTC takes action. 13. What is the Lanham Act and when is it used? The Lanaham Act prevents people from advertising false or misleading information 14. What is anti-racketeering law and when is it useful to stop misleading or deceptive advertising? anti-racketeering law is the Racketeering Influenced and Corrupt Organizations Act which curbed organized crimes infiltration of businesses, preventing uses of interstate enterprise, and double-dealing use of telephones or mail to promote illegal practices 15. Whats happening with personal entropy collection?Websites, businesses, social media, like Facebook? Personal data is being used for idenity theft 15. When are corporations required to report financial information? See secant v. Texas disjunction randomness Co. 16. What is the SEC? Where does it get its authority? What does it have authority over? The SEC is the Securities and Exchanges Commision and it has authority over publicly traded corporations in the New York Stock Exchange, and the availability to the public of its information 17. What is Rule 10(b)? What does it prohibit? How does it define fraud? See SEC v. Texas disjunction Sulphur Co. Rule 10b-5 prevents insider trading, or making decisions to sell or deprave stock based on informatio n that is not available to the public 18. What is insider trading and what are the penalties for insider trading? See SEC v. Texas Gulf Sulphur Co. Insider training is buying or selling securities based on nonpublic corporate information 19. What does tipping, tipper and tippee mean? See SEC v. Texas Gulf Sulphur Co. Tipping- passing non public material onto friends or brokers so they can trade Tipper- A person who passes on the nonpublic material Tippee a person who receives an insider tip and makes a securities trade based on the information Important Cases Chap. 5-Privacy Cox Broadcasting Corp. v. Cohn coquet established nearly grapple First Amendment protection for the media to report information from official records available in open court when a Georgia father couldnt bring a privacy suit against a TV invest for naming his miss violating a Georgia decree (broadcast of a rape victim a misdemeanor) Supreme Court give tongue to the First Amendment does not permit a priv acy suit against the media for disseminating private information contained in public records Florida mavin v.BJF. Court said the First Amendment protects publication of lawfully acquired truthful information about a matter of public importance unless prohibiting publication will further a state interest of highest order -weighed individually, after Court reversed a judgment of Jacksonville newspaper publishing the full name of BJF rape victim, Florida Star acquired it from a gov. news release. S. Court reversed because it was a violent crime of paramount importance Florida v.Globe Communications, Inc. Florida law was unconstitutional that it was unconstitutional to publish the name of a victim of a sexual abhorrence because it was overly broad Cape Publishing, Inc. v. Bridges public exposure in an event involving a suicide, threatened murder, and police was of legitimate public interest, the court said, just as other crimes, arrests, police raids, accidents, and fires are of publi c interest Dietemann v. Time, Inc.US Court of Appeals ruled Dietman, a quack unsex, could collect damages from Time, Inc. for invasion of his privacy by two Life magazine employees who secretly photographed the doctor at his house as he waved a wand over bottles of body tissue and rubbed what he said was the cancerous breast of the other journalist, transmitter in journalists purse went to a police car, awarded Dietman because it was in a private place Hustler Magazine v. FalwellFalwell sued for libel, invasion of privacy, and intentional infliction of emotional distress. Supreme Court reversed because an outrageous standard of liability is constitutional because it is too subjective and would punish the publishers motives, ad did not contain actual facts, or actual events therefore it was so outrageous it could be true, lost defamation, won emotional distress in court of appeals, so supreme court reversed it. Zacchini v. Scripps Howard Broadcasting Co.Supreme Court ruled that th e First Amendment did not bar a human cannonball from pursuing a publicity suit under Ohio law against a television station that broadcast his entire act during a news program, Supreme Court called it professional property media lost Cantrell v. Forest City Publishing Co. Margret Cantrell sued for invasion of privacy because she was in false light due to a bill by a reporters deliberate falsifications that implied she was interviewed, claiming he had an interview with her, Supreme Court ruled there was NYT actual malice when the reporter falsified the information Fla. Publishing Co. v. Fletcher tate supreme court ruled that a Florida Times Union photographer didnt trespass when he accompanied firefighters into a private home after a major fire that killed a 17-yr old, Cindy Fletcher and published a picture of her body outline, but Court said the photographer was invited in by fire officials so there was an implied consentlegal influence is limited to Florida cases involving catastr ophes Time, Inc. v. Hill family sued saying they had been portrayed in false light during a play that was recreated of their hostage situation, won lower court, Supreme Court said if its a newsworthy issue must prove actual malice Anderson v.Pensacola News Journal (class discussion) Anderson was a political figure, him and wife going through divorce and went on a hunting trip, accidentally killed her. Portrayed in false light by the newspaper make him look like murder, won in lower courts, Florida supreme court does not recognize false light it duplicates existing torts without the attendant protections of the first amendment, instead they do defamation cant claim false light in Florida. Braun v.Soldier of circle Soldier of Fortune negligently published an advertisement that resulted in the expiry of Richard Braun, killer hired after he placed an ad torpedo for Hire Court ruled that Fortune violated a public duty not to publish a clearly identifiable untenable risk of harm, ruli ng did not violate first amendment because publisher did not check danger and legality of advertisement-foreseeable harms? media responsible Chap. 7 Political Speech Buckley v.Valeo Court said the concept that government may restrict the speech of some elements of our society in order to enhance the relative portion of others is wholly foreign to the First Amendment upheld the federal law that sets limits on campaign contributions but ruled that spending money to influence elections is a form of constitutionally protected free speech, made distinction on contribution limits from expenditure limits, BUT part of the law was struck down.First National Bank of Boston v. Belotti bank wanted to buy ads opposing an income tax, law said that they couldnt publish it because it hadnt nothing to with the banks business, Supreme Court created an almost unlimited First Amendment freedom for non-media corporations to spend money to support social issuesfounded on the right of citizens to receiv e political speech by corporations Pacific Gas & Electric v. Public Utilities Comm.Supreme Court ruled that Pacific Gas could not be forced to include a newsletter from a consumer group in the companys billing envelope, unconstitutional for the commission to force them to publish messages they dont agree with Citizens United v. FEC overturned 100 years of laws and regulations, rejected quid pro quo (corruption) the aberrance (level playing field-wealthy skewing marketplace of ideas) case based on Hilary movie made by non-profit Citizens United, filed an injunction to stop Election Committee from applying BCRA, injuction denied, Supreme Court overturned sayingChap. 8 Commercial Speech Valentine v. Chrestensen passing out handbills, statute in NY prohibiting passing out handbills , city arrested him, Supreme Court ruled NY could stop distribution because it was purely commercial advertising that fell outside first amendment protection, 1976 Virginia Pharmacy established protection f or purely commercial advertisers Virginia State Board of Pharmacy v.Virginia Citizens Consumer Council law against publishing prices, citizens have first amendment right to receive and publish information Central Hudson Gas & Electric v. Public Service Court upheld utilitys right to promote the use of electricity Kasky v. Nike Nike impeach of sweatshops, sent out a press release, sued, Nike lost because they sent out misleading information not protected by the First Amendment SEC v. Texas Gulf Sulphur Co. ompany issued press release to damper fears about bear-sized copper deposits, 12 days later hit huge deposit, insiders bought and sold stock Exam Review Know implied falsehood vs expressed falsehood. Expressed-written or said Implied-the ad itself implies that the product can do something it really cant do. When can RICO be applied? When there is fire corruption. People are being swindled In Florida no false lighthood because its so similar to defamation. False light DOES NOT ex ist.