Exam is two hours long, closed book. Suggested time limits given for each question.
FCC regs. Violence, Graphic information, COPA, How supreme ct.
Summary of ways that speech is regulated. What kinds of speech are subject to regulation: obscenity-miller test indecent but not obsence-pacifica. Seven dirty words george carlin was brought up for. Why the FCC can do that. Goes back to long term acceptance for regulation of broadcasting which goes beyond all other types of media.
Libel law subject to regulation where actual malice is found and where negligence is found to protect the rights of a private individual. May be subject to strict liability for matters of public concern.
Pornography affecting minors can be regulated-Ferber-access in bookstores, etc.
Speech that creates a foreseeable and unreasonable risk that someone else could endanger a third party. Paladin case (hitman).
Tort duty analysis-radio station had everybody run to the same place for a contest, someone injured as a result. On the other hand we say many cases reluctant to extend media defendants in tort cases because courts don’t find foreseeability or unreasonability. Mushroom, Hustler-suicide, Basketball diaries, doom, etc.
Finally, we have speech that causes an immediate threat of harm under Brandenburg. James case and shooting outside of gang show in l.a. Not fault of movie maker.
Added to that list are regulations from the last chapter. Those we talked about are syndication and finance rights regulating fear of leverage over program developers. Fin-Syn.
Ability of FCC to provide safe harbors for children, mandate local broadcast hours, etc.
There is a difference when you are trying to regulate obscenity (content based) and a must carry that will increase # of sources by preserving indpt broadcaster rights.
Discuss the viability and discuss whether the fcc should mandate….and if so how…
Probably be m
years of age. Ct. struck as overbroad. Unlike Ferber, there is no crime, no victim…
Right to reply
Red Lion v. FCC-Ct approved right of reply in broadcast medium-scare, licensing requirement.
Miami Herald v. Tornillo- Right of reply does not apply to newspapers…
INDECENT SPEECH REGULATION-FCC v. Pacifica
Gov’t can regulate indecent speech over the air/television.
Nuisance rationale. Time of day, content of program, differences between mediums.
COPA-made it illegal to operate a commercial website that made sexually explicit material that was deemed harmful to minors available to them. Website has affirmative defense of showing c.c./id requirement. Struck down as not narrowly tailored (did not achieve gov’ts compelling interest by least restrictive means)
