Chapter 16 - Formal controls: laws, rules, regulations. The following will be discussed in this chapter: The press, the law, and the courts; protecting news sources; covering the courts; reporters’ access to information; defamation; invasion of privacy; copyright; obscenity and pornography; regulating broadcasting; regulating cable TV; the telecommunications act of 1996; regulating advertising. | Formal Controls: Laws, Rules, Regulations Chapter 16 © 2009, The McGraw-Hill Companies, Inc. All rights reserved. CHAPTER OUTLINE The Press, The Law, and the Courts Protecting News Sources Covering the Courts Reporters’ Access to Information Defamation Invasion of Privacy Copyright Obscenity and Pornography Regulating Broadcasting Regulating Cable TV The Telecommunications Act of 1996 Regulating Advertising THE PRESS, THE LAW, AND THE COURTS Formal controls over the media include laws, court decisions, and governmental regulations A Free Press The First Amendment of the Constitution “Congress shall make no law . . . Abridging the freedom of speech, or of the press.” It sounds simple, but the meaning has long been debated. Prior Restraint Government attempts at censorship before something is printed or broadcast Prior restraint is rare, but the First Amendment is not absolute The Near Case The Pentagon Papers More Recent Cases PROTECTING NEWS SOURCES Reporters . | Formal Controls: Laws, Rules, Regulations Chapter 16 © 2009, The McGraw-Hill Companies, Inc. All rights reserved. CHAPTER OUTLINE The Press, The Law, and the Courts Protecting News Sources Covering the Courts Reporters’ Access to Information Defamation Invasion of Privacy Copyright Obscenity and Pornography Regulating Broadcasting Regulating Cable TV The Telecommunications Act of 1996 Regulating Advertising THE PRESS, THE LAW, AND THE COURTS Formal controls over the media include laws, court decisions, and governmental regulations A Free Press The First Amendment of the Constitution “Congress shall make no law . . . Abridging the freedom of speech, or of the press.” It sounds simple, but the meaning has long been debated. Prior Restraint Government attempts at censorship before something is printed or broadcast Prior restraint is rare, but the First Amendment is not absolute The Near Case The Pentagon Papers More Recent Cases PROTECTING NEWS SOURCES Reporters believe their sources will dry up if confidentiality is not guaranteed. The government believes disclosing the sources will help administer justice and protect people’s rights to fair trial The Reporter’s Privilege 1970s Supreme Court: First Amendment does not necessarily protect reporters from obligations to testify Reporters’ claims to privilege can be valid in some instances Shield Laws: state laws protecting reporters from revealing sources Vary by state; not all states have shield laws Search and Seizure Courts have offered even less protection of a reporter’s notes and a newsroom’s records Accessing these documents requires subpoena Reporters must consider these issues carefully before promising confidentiality to a news source COVERING THE COURTS Sixth Amendment: defendant’s right to free trial before impartial jury First Amendment: freedom of the press A potential clash of responsibilities Trial judges responsible for administration of justice Reporters responsible for
