⚖️Media Law and Policy Unit 12 – Media Law in Practice

Key Legal Concepts

• Understand the difference between criminal and civil law as it applies to media cases
• Familiarize yourself with the concept of precedent and how it shapes media law decisions
  • Precedent refers to a legal principle or rule established in a previous legal case that is either binding or persuasive for a court when deciding subsequent cases with similar issues or facts
• Recognize the importance of the First Amendment in protecting freedom of speech and press
• Grasp the concept of prior restraint and its limitations on government censorship
• Learn about the various types of legal liability media professionals may face (libel, invasion of privacy, copyright infringement)
• Understand the difference between public and private figures in defamation cases
• Know the key elements of a defamation claim (false statement, publication, identification, harm)

Freedom of Speech and Press

• The First Amendment protects freedom of speech and press from government interference
  • Applies to both federal and state governments through the Fourteenth Amendment's Due Process Clause
• Freedom of speech includes the right to express opinions, ideas, and beliefs without fear of government censorship
• Press freedom ensures that media outlets can report on matters of public interest without undue government influence
• Understand the concept of content-neutral restrictions on speech (time, place, and manner restrictions)
• Recognize that freedom of speech is not absolute and is subject to certain limitations (obscenity, incitement, fighting words)
• Learn about the different levels of scrutiny applied to government restrictions on speech (strict scrutiny, intermediate scrutiny, rational basis review)
• Familiarize yourself with the concept of symbolic speech and its protection under the First Amendment (flag burning, wearing armbands)

Defamation and Privacy Laws

• Defamation is a false statement that harms a person's reputation, either through libel (written) or slander (spoken)
• Public figures must prove actual malice to win a defamation case, while private figures need only show negligence
  • Actual malice means the defendant knew the statement was false or acted with reckless disregard for its truth
• Truth is an absolute defense to defamation claims
• Privacy laws protect individuals from unwarranted intrusion into their personal lives
• Understand the four main types of invasion of privacy torts (intrusion, public disclosure of private facts, false light, appropriation)
• Learn about the "newsworthy" exception to privacy claims, which allows reporting on matters of public interest
• Recognize the concept of the "right to be forgotten" and its implications for online privacy

Copyright and Intellectual Property

• Copyright law protects original works of authorship, including literary, musical, and artistic works
• Understand the difference between copyright (protects expression) and trademark (protects brand names and logos)
• Learn about the concept of fair use and how it allows limited use of copyrighted material without permission
  • Fair use is determined by four factors (purpose of use, nature of copyrighted work, amount used, effect on market)
• Recognize the importance of obtaining permissions and licenses when using copyrighted material
• Familiarize yourself with the concept of public domain and how works enter it (expiration of copyright, dedication by creator)
• Understand the role of the Digital Millennium Copyright Act (DMCA) in regulating online copyright infringement
• Know the potential consequences of copyright infringement (monetary damages, injunctions, criminal penalties)

Media Regulation and Ethics

• Learn about the Federal Communications Commission (FCC) and its role in regulating broadcast media
  • The FCC oversees licensing, content, and ownership rules for radio and television stations
• Understand the concept of indecency and its regulation in broadcast media
• Recognize the importance of self-regulation in the media industry through codes of ethics and conduct
• Familiarize yourself with the principles of ethical journalism (accuracy, fairness, independence, accountability)
• Learn about the role of press councils and ombudsmen in promoting media accountability
• Understand the concept of media bias and its impact on public trust in journalism
• Know the potential consequences of unethical media practices (loss of credibility, legal liability, public backlash)

Digital Media and Internet Law

• Understand the concept of net neutrality and its importance for equal access to online content
• Learn about the Communications Decency Act (CDA) and its role in shielding online platforms from liability for user-generated content
  • Section 230 of the CDA provides broad immunity to internet service providers and websites for content posted by third parties
• Recognize the challenges of regulating speech and content on the internet, given its global nature
• Familiarize yourself with the concept of online privacy and data protection laws (GDPR, CCPA)
• Understand the potential legal issues surrounding social media use (defamation, harassment, copyright infringement)
• Learn about the role of the First Amendment in protecting online speech and expression
• Know the potential consequences of violating internet laws and regulations (fines, legal action, reputational damage)

Case Studies and Landmark Decisions

• New York Times Co. v. Sullivan (1964) established the actual malice standard for defamation claims by public figures
• Hustler Magazine, Inc. v. Falwell (1988) extended First Amendment protection to parodies of public figures
• Reno v. ACLU (1997) struck down portions of the Communications Decency Act as unconstitutional restrictions on online speech
• Bartnicki v. Vopper (2001) held that publishing legally obtained information of public concern is protected by the First Amendment, even if the information was originally obtained illegally
• Grokster v. MGM (2005) ruled that file-sharing services could be held liable for copyright infringement by their users if they encouraged and profited from it
• Citizens United v. FEC (2010) struck down campaign finance restrictions on political spending by corporations and unions as unconstitutional under the First Amendment
• Packingham v. North Carolina (2017) held that a state law prohibiting registered sex offenders from accessing social media sites violated the First Amendment

Practical Applications in Journalism

• Journalists must understand and adhere to legal and ethical guidelines in their reporting
• Verifying information and sources is crucial to avoid defamation claims and maintain credibility
• Obtaining proper permissions and licenses when using copyrighted material is essential to prevent legal issues
• Journalists should be aware of privacy concerns when reporting on individuals and sensitive topics
• Understanding the differences between public and private figures is important for assessing the risk of defamation claims
• Journalists must navigate the challenges of reporting on digital platforms while respecting intellectual property rights and online regulations
• Seeking legal advice when uncertain about the legality or ethics of a story can help prevent costly mistakes
• Building trust with sources and the public through transparent and accountable reporting practices is key to maintaining the media's role as a watchdog for society