Final exam review PDF

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Final exam review notes for Comm law; sandy davidson...

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Obscenity (3 part miller test) o Prurient interest o Patently offensive o Utterly without redeeming social value  indecency= patently offensive  Shield laws vary by o Who is journalist o What is covered o When you’re covered o Absolute : judge has no power to decide (rare) o Qualified : have shield protection, but judge has power to weigh the factors, like relevance, other sources, and compelling interest in revealing sources o Still don’t have federal shield law  Citizens United o SC said corporations are like “natural people” and have 1st amend freedom of speech rights  Statutory damages and attorney fees lost if infringement before copyright o Kinko case- copy from professors without permission  2 exceptions to acid question to jury o If person said they heard they confessed  Nebraska Press v Stuart 1976 (gag order) o Harmful pretrial publicity is happening o No alternatives  Change of venue, continuance etc o Gag order will be effective o ****Another way to accomplish is indirect gag order  Tell all sources of information not to talk to press  Gag sources of info, attorneys, witnesses  Central hudson test (advertising- to get 1st amendment protection) o Can’t be misleading and about a lawful activity o Substantial government interest o Regulation advance the interest o Narrow tailoring (wasn’t using for a while, instead watered down with “reasonable”)  Knocking intersearch protection (4 exceptions)  SUNY vs fox- tupperware party raid o Campus police raided and SC said okay o Keep tranquility o Not unreasonable  Currently cable and satellite are not indecency (only over the air)  COPPA o Protection for 13 and under o Parents right to know and can’t get more info from kids o Parental consent o One shot answering of questions  Can reply without consent  Fair use test o Section 107 read o Purpose of use

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o Nature of work using o Amount used o Effect on market Fleeting expletives to first blow o Fcc vs fox SC struck down appears to be or advertised as, but morphing upheld o Bambi sex pot Violence is not obscene Affirmative action o FCC law o New licenses extra points if minority owned or minority controlled group o Push for diversity (women don’t qualify) o Distress sale rule  Old license about to be jerked, station can voluntarily transfer the license as long the transfer went to minority controlled group only o Currently, just market forces prevailed Reebok 25 million for deceptive advertising...