Final Exam Reminder

Thanks to those of you who came in today to ask last minute questions about the final exam. I will see all of you on Thursday at 1 p.m. for the final exam.

Here is a critical thinking question for you - it should be easy:

Of the various strategies or theories used by judges to interpret the First Amendment, the absolutist theory (no law means no law) is the most commonly used. Is this true or is it false?

Remember: The final is on Thursday at 1 p.m.

Happy studying!

Final Exam Prep

Hello all. You have now had the final exam study guide for almost two weeks - it is still available in an electronic form in an earlier post - and there have been two review sessions along with a study group day.

I plan to be in my office this Tuesday from 11 a.m. to noon** for any last minute clarification questions about the exam. Remember that all of the material for the final has been covered previously during the semester.

** There are no office hours during exam week. Again, I plan to be on campus on Tuesday from 11 a.m. to noon but this could change if my son is sick. Check back to the class blog on Tuesday morning for any updates.

Final exam study guide

Here is a link to the study guide for the final exam.

Please use the concepts we discussed in class yesterday to help you study.

FCC Fines

In 2006, the federal government increased the FCC's power to fine by tenfold to a total of $325,000. The bill, called the Broadcast Decency Enforcement Act, passed unanimously by the Senate and cleared the House by a vote of 379-35. President Bush signed the legislation into law. Here is a story about the new fine power.

Here is a link to a chart documenting FCC fines against broadcast outlets - prior to the 2006 increase.

Study Guide #3

Here is a link to the third study guide.

MPAA & Films

Here is a clip from the documentary, This Film is Not Yet Rated, about the MPAA. ** Please note that there are adult concepts in these clips.

Watch this clip first.

Then, watch the below clip about the ratings.


** Please note that there are adult concepts in these clips.

F.C.C.

Here is a link to the FCC.

Here is information about the regulation about children's programming.

Here is a story about the Supreme Court considering the FCC's regulation of profanity. Here is the ruling. Here is more about the appeal.

Here is more about the FCC and the regulation of obscenity, indecency and profanity.

Extra Credit #2

To earn another 10 points of extra credit, find a news article or editorial column written about copyright law or a copyright lawsuit. Google.News is a good place to start.

Print out the article and put your name on it. Turn it in during the beginning or end of next Tuesday’s class - that is November 8th.

It’s that easy! No late assignments or emailed assignments will be accepted.

FTC & False Advertising

Advertising Regulation

The FTC has approved some changes to the use of testimonials in ads.

Here's a summary of some of the changes:
"Updated guidelines on ad endorsements and testimonials under final review by the Federal Trade Commission—and widely expected to be adopted—would end marketers' ability to talk up the extreme benefits of products while carrying disclaimers like "results not typical" or "individual results may vary."

Here is a link to a press release from the FTC about the changes.

Here is more about the Pizza Hut v Papa John's lawsuit.
Here is more about the CAN-SPAM Act. It contains important information on advertising through emails.

What does Sonny Bono have to do with Copyright Law?

Copyright & Fair Use

Exam 2 Today!

Hello all. Just a reminder that your second exam is today, Oct. 25. Remember to bring a pencil, a strawberry scantron sheet and your ID.

Remember, also, to be on time. Once the first exam is handed in, no late students will be allowed to take the exam.

Happy studying!

Public Records & Casey Anthony Jurors

The names of the jurors in the Casey Anthony trial were released this morning because they are covered by public records, or FOIA, laws. Here is the story.

Fair trial/Free press: Grand juries

Here is a story about Timothy Davis, the retired Orlando police officer who prosecutors say shot his 22-year-old son. He was indicted yesterday by a grand jury on a charge of second-degree murder.

Davis, 47, was arrested on a charge of first-degree murder in the Oct. 1 death of Timothy Davis Jr.

Remember that grand-jury proceedings are closed, so it is unknown how the panel reached a conclusion.

Yet, also remember that the grand jury indictment is open as indicated in the first paragraph.

Tuesday: Study Day!

Hello all. Just a reminder that today, Tuesday, is group Mass Comm Law Study Day for exam #2 as indicated in the syllabus. (The study guide was given out last Thursday and is available in the previous blog post: http://ucfmedialaw2011.blogspot.com/.)

There are no in-person office hours today.


Feel free to email me with questions from 2-4 p.m. today. For the most immediate response during that time period, use: voss.kimberly@gmail.com

Outside of that time period, use my UCF email and I will get back to you within a few daytime hours.

Happy studying!

Exam 2 Study Guide

Here is the study guide for exam 2. Happy studying!

Voir Dire

Access to Court Hearings and Documents

Here is more information on Richmond Newspapers v Virginia.

Here is information about cameras in the courtroom.

Here is more information on cameras in the courtroom - each state is different but most allow some cameras in trial courtrooms.

Here is more information on Chandler v Florida.

Here is a chart of the Florida court system.

Here is an overview of the Florida circuit court system.

Here is information about the Ninth Circuit Court. Here is basic information about the docket. Here are some past annual reports.

Here is information about the Eighteenth Circuit Court. Here is docket information

FOIA Extra Credit

To earn 10 extra credit points, put FOIA to work.

Seek a state or federal record from the executive branch with a formal letter or email request if the agency accepts them. Examples of letters are on this blog. Send the request to the agency and also make a second copy of the letter/email to get class credit.

Or, find an agency record online and print it out - the first page or two if it is lengthy. (Make sure it is an actual record.) Bring the record to class with your name on it.

The extra credit is due ONLY before or after class on Thursday, Oct. 27. The extra credit will not be accepted by email so ask a classmate to bring yours in if you cannot make it that day.

For more details on public records, look at the previous blog posts about FOIA and/or review Chapter 9.

More on F.O.I.A.

Here is a story about a FOIA lawsuit - forcing the government to open its records.

Here is a story about a lawsuit initiated by the Sea World trainers' family to close records covered by FOIA.

FOIA is why we have access to the Tiger Woods' incident report. Here is a link to it.

Here is an investigative story by the Milwaukee Journal-Sentinel using FOIA.

Here are FOIA request tips.

F.O.I.A.

Here's a link to the FCC's FOIA page. Notice how easy it is to request a record.

Here's information about Florida's Sunshine Laws.

Many records are now available online. For example, here is a link to check on Florida food inspection records. This is an example.

Media organizations routinely conduct FOIA audits. Here's an example of one conducted in Florida.

Here's an example of a general FOIA request letter. Here is a FOIA letter generator.

Here is some more FOIA information.

Here are some contacts for Federal Agencies and FOIA.

Here is the link to the FBI's FOIA contact.

Another good overall Federal FOIA resource is here.

Hank Williams Jr. and the First Amendment

Hank Williams Jr. said ESPN has violated his First Amendment Rights. Why is he wrong?

(Here is background on the story. He was fired by ESPN after this article.)

Thursday's Class

Hello all. Just a reminder that as noted on your syllabus, there will be no class on Thursday. Instead, you can play the optional, Be-A-Reporter game. It only takes 15 minutes. I highly recommend it if you have never taken a reporting class.

It is available here. You do have to register with NewsU to play but it is free.

The first extra credit assignment will be posted to this blog on Monday.

Taping & Recording

State Laws (Table)
While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950's) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call or the tap crosses state lines – that is why each state went ahead and established their own guideline/statute.

States Requiring One Party Notification
Alabama
Alaska
Arizona
Arkansas
Colorado
District Of Columbia
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma Oregon
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming

States Requiring Two Party Notification
California
Connecticut
Delaware
Florida Massachusetts
Maryland
Michigan
Montana New Hampshire
Pennsylvania
Washington

Violation of Open Meetings Laws

Here is a story about a violation of Wisconsin's Open Meetings Law. Notice that it is a court that makes the decision.

Casey Anthony Video

You have probably already heard that Judge Perry has ruled that the Casey Anthony video has been released. The story is here.

We will discuss this decision in relation to the media and trial coverage in Chapter 11 next week.

Privacy Case Study

Media Law: Privacy Case Study #1

1. Al Modem has generated his own Web site that focuses on alternative music in the Austin, Texas area. The stylish site lists upcoming concerts and new record releases, provides information about upcoming dances, contains music reviews, and features articles about new clubs, local performers and DJs. The site also carries real time audio feeds from local musical events and permits users of the site to chat with one another periodically. Club owners and concert promoters help Al operate the site by paying a monthly fee to Al for the inclusion of promotional pages on the site. A new club, the Chameleon, opened recently, and Al got pictures of the opening from a local photographer. He scanned the photos onto the site and used them with a review of the new venue. One of the pictures showed actor Rob Lowe going into the club.

The owners of the Chameleon loved the story about the club and the picture of Lowe. Without getting Al’s permission, they made a copy of the photo and included it in their promotional page for the club. Remember, they pay Al each month to include this page on the site. The caption under the photo says: “The many-colored Chameleon club, a favorite nightspot for Hollywood’s Rob Lowe.” Lowe’s sister, who lives in Austin, learns about the use of the photo on the Web site, and informs her brother, who sues Al Modern and the owners of the Chameleon club. He argues that the use of his photo in Al’s story about the club amounts to giving publicity to private facts and that the use of his photo and name on the Chameleon’s promotional page is an appropriation, a violation of his right to publicity. Answer the following questions:

A. Both Al Modem and the club owners argue that the law of privacy doesn’t even apply to the appearance of material on the Internet; consequently, the lawsuits should be dismissed. Which is correct and why?

B. Is the use of the photo in Al Modem’s story a case of giving publicity to private facts? Explain.


C. Was the use of the photo on the promotional page an appropriation? Explain.

Exam 1 Scores

Hello all. Your total correct on your exam and the total point scores (each question is worth three points) are now available on MyUCF Grades. The average score for the the first exam was 78.5% which is slightly above a typical curve. You received the score you earned. Please do not email to request additional points as that violates the class policy.

As I mentioned in class yesterday, UCF updated MyUCF during the weekend which has been a problem for some students and faculty. I used the Chrome browser today and had no problem. Please contact Tech Support if you are having problems.

This first exam is worth 30% of your overall grade. If students keep coming to class, taking notes and doing the readings/checking the blog, exam scores tend to go up. If you earned a low score, you need to change something about the way you are preparing for the exams. My first suggestion is the usual: do the reading, take notes and come to class. You may also want to find a different study group. If you need further help with study suggestions, you may want to try the Student Academic Resource Center: http://www.sarc.sdes.ucf.edu/

You will have 2 extra credit assignments for a total of 20 additional points later in the semester.

I should have the individual result score sheets for your exams beginning tomorrow, Thursday. Remember that you are free to review the individual score sheets for Exam 1 until Exam 2 is given.

Appropriation / Intrusion Questions

This my son Curtis at Playalinda Beach. If this image were to be used in an advertisement for the Cape Canaveral Beaches without my permission, would I sue for a right to publicity or a right to privacy under appropriation law?

What if this photo was featured on the front page of the local newspaper without my permission. Would I have the basis for an intrusion lawsuit?

Booth Rule Example

Here is the application of the Booth Rule. Why does this qualify as an exception to appropriation?

Orlando Free Speech Zone

Here is a story about the change in the Free Speech Zone In Orlando for the GOP debate.

According to the story: "Protesters planning to be outside this weekend's Republican presidential debate and straw poll at the Orange County Convention Center learned Wednesday that they will have a much smaller area in which to make their opinions heard.

Orange County Sheriff Jerry Demings feared it would be too costly to patrol the usual "free-speech" zone, a lengthy stretch of three roads outside the center."

Twitter & Libel; Free Speech News

To answer the question asked in Tuesday's class, here is a story about a Twitter libel lawsuit based on Kim Kardashian & the Cookie Diet. There are several more out there but no major appeals ruling. Just remember that anything you put online or post to social networking is fair game for a libel lawsuit.

Here is another article about the question over flashing headlights & free speech in Florida

Exam 1 Study Guide

Hello. For those who wanted an electronic copy of the study guide, here is a link.

Enjoy your study groups and we will meet again next Tuesday in class. Your first exam is on Thursday.

How your exam is developed

Hello all. Just a note about how I write your exams:
• I go over the slides from class and the notes I take after our class about what we discussed.
• I go over the chapters again – excluding the sections that I told you that you did not need to read.
• I go over the class blog entries.
• I go over the model exam questions that textbook writers provide to see what they expected you to learn. I use these as a guide but not for the actual questions.
• I write a mix of my own questions. Some are about basic memorization: for example, writing a True/False question about what “actual malice” means. Other questions are about critical thinking: giving you a scenario and asking you a True/False question about if the scenario is an example of “actual malice.”
• I make sure that 20% of the questions are directly from the readings, as that is material that your are responsible for knowing.
• I then match my questions to the study guide. I do this to make sure that I did not ask you a question about a named case that I did not include, for exam.
• I make a second version using similar topic questions but worded differently and in a different order.
• And then, a final proofreading to make sure the questions are as clear as possible. My goal is not to trick you but to assess what you have learned. I use the same language in the textbook and from class lectures. I do not answer vocabulary questions during the exam.

Libel Case Study

Libel Case Study #1

The neighbors in an exclusive residential community first became suspicious when they measured the foundation of the new house being built on the corner. If the house had but one story it would still contain 10,000 square feet, huge by residential standards. A quick look at the plans on file at the county building office revealed the house would have three stories—30,000 square feet—and 12 bathrooms. Speculation arose that the owner was building a hotel or a rooming house. Or, since the owner was born in a foreign country, perhaps he was bringing scores of relatives to this country to live in the house. Or maybe it was going to be a commune!

A community meeting was scheduled. Reporters and photographers from the local press were invited. Nearly all the neighbors turned out to protest what they called “the megahouse.” County councilman Dirk Slater scheduled a hearing before the council on the matter and told the owner of the building, Fred Milke, that if he did not appear at the hearing, he (Slater) would do everything he could to have the building permit revoked. Milke appeared and answered tough questions from Slater and others. No, he said, he was not building a hotel or a rooming house or even a commune. Whom he invited to stay in his house was his business, he said, not the county’s business. The building permits were all in order, and he planned to continue with the project.

Milke was questioned by reporters as he left the hearing and answered a few questions. The neighbors went to court to block the building, but after a short hearing the judge ruled that nothing Mr. Milke had done or was doing was illegal. He was free to build his megahouse. If members of the community were concerned about this kind of structure, they should try to change the building code so it could not happen again in the future. Nothing in the current code put limits on the size of a house in this community.

The local newspaper, the Post-Leader, covered the dispute diligently. In one story published before the court hearing, reporter Kathy Kurl wrote, “There is strong reason to believe that Fred Milke either falsified documents or paid off county officials to get his building permit approved, according to unnamed sources.” Evidence presented at the subsequent court hearing proved this to be false; Milke sued for libel.

A. What will Milke have to prove to sustain his libel suit?


B. The newspaper argues that Milke is a limited-purpose public figure. They argue that merely by planning to build such a large house, Milke knew he would draw attention to himself. He appeared at a public hearing before the county council, and he did speak with reporters after the hearing. This makes him a willing participant in a public controversy who was trying to influence public opinion. Is Milke a public figure? Why or why not?

C. Kathy Kurl was questioned at the trial about where she got the information she published about false records and payoffs. She said she had picked this up at the initial community meeting. One of the neighbors told her that his brother knew someone who worked for the county, and that this person had said Milke faked the documents or paid off county employees. That was the only source for her report. Based on this evidence, what are Milke’s chances of proving the level of fault required in this case? Briefly explain your answer.

Case study reminder for Time, Place & Manner

Hello all. Below is the case study that I posted two weeks ago:
Practice Case Study for Time, Place & Manner
Hello. Below is a case study from Chapters 2-3. While you will not have these long form case studies on the exams, they are another way of studying the material and lead to better critical thinking. We will go over the answers later.

The Cleveland Political Awareness League, a non-profit, nonpartisan community group, scheduled a series of eight talks by regional and national political figures in early 2004. Two talks were held each month at the Paramount Theater, a large auditorium, over a four-month period. The speakers represented a variety of viewpoints and political policies. On the evening of the second speech Art Ferrill, a radical socialist and long time local political agitator, set up a card table on the public sidewalk outside the theater and tried to sell a book he had written, Government and the End of Civilization.

Police outside the theater asked Ferrill to move his table because, they said, it was an impediment to the pedestrians using the sidewalk. He refused and was arrested for violating a city ordinance on street vending. He failed to have a vending permit, police said.

The city’s ordinance requires that any person who seeks to sell any merchandise on a city sidewalk must obtain a permit, which can be issued if the city manager finds that the goods for sale are legitimate, that the seller will not endanger public safety or convenience, and that, in the judgment of the city manager, the sale of the goods is in the “best interest” of the people of Cleveland. The sale of newspapers from street corners to pedestrians and motorists is exempt from the provisions of the ordinance.

Ferrill challenged the time, place and manner ordinance on First Amendment grounds. He argues that the permit process is unconstitutional.

A. What kind of a forum is a city sidewalk?

B. In testing whether a time, place and manner rule is constitutional, what criteria do the courts apply?

C. Does this law meet this test? Why or why not?

Here is a link to the answers.

Raye vs Letterman

Syllabus

Here is a link to the syllabus if you want an electronic copy.

NY Times v Sullivan

Make sure you are clear on the ruling in the New York Times v Sullivan. The image above is the ad that started the libel lawsuit. Here is a link to the case.

Hate Speech Review

Roy Kronk Defamation Lawsuit

Just in time for the chapters on libel, there is another defamation lawsuit relating to the Casey Anthony case. Meter reader Roy Kronk filed a lawsuit last week. Here is more about the case.

Practice Case Study for Time, Place & Manner

Hello. Below is a case study from Chapters 2-3. While you will not have these long form case studies on the exams, they are another way of studying the material and lead to better critical thinking. We will go over the answers later.

The Cleveland Political Awareness League, a non-profit, nonpartisan community group, scheduled a series of eight talks by regional and national political figures in early 2004. Two talks were held each month at the Paramount Theater, a large auditorium, over a four-month period. The speakers represented a variety of viewpoints and political policies. On the evening of the second speech Art Ferrill, a radical socialist and long time local political agitator, set up a card table on the public sidewalk outside the theater and tried to sell a book he had written, Government and the End of Civilization.

Police outside the theater asked Ferrill to move his table because, they said, it was an impediment to the pedestrians using the sidewalk. He refused and was arrested for violating a city ordinance on street vending. He failed to have a vending permit, police said.

The city’s ordinance requires that any person who seeks to sell any merchandise on a city sidewalk must obtain a permit, which can be issued if the city manager finds that the goods for sale are legitimate, that the seller will not endanger public safety or convenience, and that, in the judgment of the city manager, the sale of the goods is in the “best interest” of the people of Cleveland. The sale of newspapers from street corners to pedestrians and motorists is exempt from the provisions of the ordinance.

Ferrill challenged the time, place and manner ordinance on First Amendment grounds. He argues that the permit process is unconstitutional.

A. What kind of a forum is a city sidewalk?

B. In testing whether a time, place and manner rule is constitutional, what criteria do the courts apply?

C. Does this law meet this test? Why or why not?

Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) is the landmark federal law, originally known as the Campus Security Act, that requires colleges and universities across the United States to disclose information about crime on and around their campuses.

Because the law is tied to participation in federal student financial aid programs it applies to most institutions of higher education both public and private. It is enforced by the U.S. Department of Education.

The "Clery Act" is named in memory of 19 year old university freshman Jeanne Ann Clery (pictured above) who was raped and murdered while asleep in her residence hall room on April 5, 1986.

Jeanne's parents, Connie and Howard, discovered that students hadn't been told about 38 violent crimes on their daughter's campus in the three years before her murder. They joined with other campus crime victims and persuaded Congress to enact this law, which was originally known as the "Crime Awareness and Campus Security Act of 1990."

Here is more information about the Cleary Act.

Here is how UCF complies with the Act.

Morse v Frederick ("Bong Hits for Jesus")

In 2007, the Supreme Court made another decision regarding the First Amendment and speech in the public schools: Morse v. Frederick. This is commonly known as the "Bong Hits for Jesus" case.

According to the ruling:
"The message on Frederick's banner is cryptic," Roberts wrote for the majority. "It is no doubt offensive to some, perhaps amusing to others. To still others, it probably means nothing at all. Frederick himself claimed 'that the words were just nonsense meant to attract television cameras.' But Principal Morse thought the banner would be interpreted by those viewing it as promoting illegal drug use, and that interpretation is plainly a reasonable one.

"The question thus becomes whether a principal may, consistent with the First Amendment, restrict student speech at a school event, when that speech is reasonably viewed as promoting illegal drug use. We hold that she may."

Morse suspended the student, prompting a federal civil rights lawsuit.

The winning side in the case was quick to assert that the decision was not anti-free speech.

In their concurrence, Justices Samuel Alito and Anthony Kennedy specified that the Court's opinion provides no support for any restriction on speech that goes to political or social issues.

Alito wrote: "The opinion of the Court does not endorse the broad argument advanced by petitioners and the United States that the First Amendment permits public school officials to censor any student speech that interferes with a school's 'educational mission.' This argument can easily be manipulated in dangerous ways, and I would reject it before such abuse occurs."

Justice John Paul Stevens wrote in dissent: "In my judgment, the First Amendment protects student speech if the message itself neither violates a permissible rule nor expressly advocates conduct that is illegal and harmful to students. This nonsense banner does neither, and the court does serious violence to the First Amendment in upholding — indeed, lauding — a school's decision to punish Frederick for expressing a view with which it disagreed."


Here is more about the case.

Tinker v Des Moines Schools

Here is the actual Tinker case.

Hazelwood v Kuhlmeier

Here is a link to more information on the Hazelwood School District v. Kuhlmeier case. Here is another good resource.

Be sure to focus on exactly what kind of student expression is central to this case case.

Texas Court's Ruling on the First Amendment

A federal judge on Tuesday struck down key sections of a new Texas law that required women in that state to receive a fetal sonogram and hear about its results at least 24 hours before an abortion.

U.S. District Judge Sam Sparks issued a preliminary injunction after finding that portions of the sonogram law, set to take effect Thursday, were unconstitutionally vague and violated the First Amendment by improperly requiring doctors and patients to engage in government-mandated speech.

Here is the story.

This is another example of Judicial Review.

Near v Minnesota

Here are more details about Near v Minnesota.

Pentagon Papers

Is flashing your headlights a free speech issue?

Is flashing your headlights illegal or a free speech issue? Well at least one judge sided with the First Amendment.

"Alexis Cason, pictured above, was on her way to school one morning when she spotted two Oviedo police officers on the side of the road. She flashed her headlights to warn other drivers about the speed trap ahead. Moments later, another cop pulled her over and wrote her a ticket, saying she'd just broken the law by flashing her lights.

Law, she asked, what law? Cason, 22, challenged the ticket and won."

Here is more about the story.

Remember, the First Amendment means whatever the courts say it means.

How a Bill Becomes a Law

Mass Communication Law Textbook

This is the textbook that you will need for the class - the 17th Edition.