JOUR 369 Final

The term jurisdiction references:

The people (parties) and the subject matter over which a specific type of court has power

Mary and Alice were attorneys in the same firm. One day they got into an argument over whether a state law against "impaired driving" applied in emergency situations. Specifically, could a person legally under the influence of alcohol drive an injured person to a hospital without being charged with DUI? They couldn't decide among themselves, so they filed a case in the appropriate court to get a ruling from a judge. What will the judge do?

Dismiss the case because courts don't answer hypotheticals.

Each of the 50 states in the United States designs and names courts in its own system

To obtain a copy of the signage ordinance in any community where signs will be placed.

Only media representatives may use cameras.

Whether it constitutes an incitement likely to produce imminent lawless action.

Expressions that if punished or prohibited would constitute government making a value judgment about expression, which is not allowed by the First Amendment.

It is timeless, universal and exists without any action by a government.

Due to a recognition that young people may not have developed the mental maturity to make decisions.

The largest category of government control of expression is:

Time, place and manner restrictions.

Layers of governance in the United States follow a model that is:

Concentric and overlapping.

Which of the following best describes, so far as we know, the thinking of Thomas Jefferson about media freedom?

Jefferson did not trust or admire the media but knew the only alternative was government control. People, he believed, could not truly be free if the government controlled expression, and that included the press.

"Prior restraint" is a term that references:

A state actor preventing an expression from being made.

How is common law different from other forms of law?

It evolves, mainly through reference to what was done the last time something similar happened.

Mary was paid to manage the website for Big Department Store. The site allowed reader comments. One morning, Mary saw a post reading, "Don't shop here. Prices are lower and quality is better at Large Department Store." Mary deleted the post. After a little while, Mary saw a new post, reading, "In violation of my First Amendment rights, Big Department Store deleted my post recommending Large Department Store, another reason not to shop with these people who act illegally." What does the law say about this?

Nothing. Mary is not a state actor and is not employed by a state actor so there is First Amendment issue on these facts.

What problem is associated with threats to national security being an outlier?

The frequency of public officials invoking "security" when they are really just trying to avoid embarrassment.

A purpose of law in democratic society would or should be:

During the lunch hour rush, Mary ran around the Union food court squirting ketchup everywhere. University police charged her with creating a disturbance. Mary's defense was that she was engaging in symbolic speech, specifically protesting the high price of meal plans. On these facts, do you think Mary will be found innocent?

No. To be protected by the First Amendment, a person engaged in symbolic speech must intend a message and at least some people on the receiving end must understand the message. Nothing here would inform her audience that Mary was protesting meal plan prices.

To date, makers of songs, books, movies, video games and other products that depict violence have been protected by the First Amendment in the aftermath of actual violence linked to their products. Why?

It comes down to the tenuous difference between "influence" and "causation."

Alice really wanted to live at Faulkner Flats but the rent was more than she could afford. As it happened, the manager of the apartment complex liked cocaine, an illegal narcotic, so he told Alice she could have an apartment for free if she would bring him an ounce of cocaine every Monday. This arrangement worked well for several months, but then Alice stopped delivering the cocaine. The manager went to the Lafayette County court to seek an order of eviction. What will happen?

People are allowed to make binding legal deals among themselves that a court will enforce, but in this case the deal is illegal so no court will enforce it.

Frank was the sports editor of Campus News. The women's ice hockey team was faced with a dilemma. A biological male who was transitioning applied to join the team, and opinions across campus varied. Frank's opinion was clear. He wrote, "If the coach allows this person to play, the coach should be fired immediately. If that doesn't happen, students should pack the arena every game and throw bricks onto the ice before play begins." Is Frank's expression protected by the First Amendment?

Yes, As a rule, "calls to action" by the media have not been found to constitute incitement.

What determines whether a law is constitutional?

Whether it derives from or is implied by a power granted to the government in the Constitution and is not vague or overbroad/

The process by which administrative agencies adopt rules is called:

Promulgation

Martha was mayor of Smallville, and it wasn't a full-time job. She also owned a donut shop, the only donut shop in town. When Martha heard that someone was planning to open a second donut shop, she got the town council to pass an ordinance against any signs, including doors and windows, for donut shops not already open to the public. You know this is an unconstitutional time, place and manner restriction - but why?

Because it is not content-neutral AND it's not justified by a public interest.

Ethical thinking is or can be associated with:

What to wear when dressing for a business meeting.

Whether to end life support for a person who shows no brain activity.

Negotiations for the purchase of a residence.

An ethical life is at least in part based on a trust in the uncertain and a willingness to be exposed. This statement can most strongly be linked to:

Martha Nussbaum

What matters most is to stay true to moral standards and recognize them as strict duties. We shouldn't worry about the outcomes because, in the aggregate, societal good will result if decisions consistently follow the moral (or most moral) path. This summarizes the philosophy of:

Immanuel Kant

Standards defining conduct deemed acceptable at a societal level are known as:

Morals

Attempting to define "good" and "bad" is a distraction and a pointless waste of time. In nature, we can easily observe there are definite components - water, sunlight, appropriate soil - that are helpful for plants and there are factors - darkness, drought and poor soil - that are not helpful for plants. Mankind is part of nature, so it's no real stretch to observe the things that are good for humanity, such as keeping promises and minimizing harm, will help us flourish. This is a summary of the philosophy of:

Philippa Foot

One Friday, Frank's boss at the marketing firm told him the firm had a new client with a $50,000 budget for advertising. Frank was tasked with developing a marketing plan by Monday that would suit the needs of the new client and fit the client's budget. Frank and his friends had planned a weekend of fishing, so Frank quickly searched the firm's computer server and found a $50,000 marketing plan developed a few years ago for a different client. Frank went fishing with his friends and, on Monday morning, Frank presented that plan to his boss. This represents:

A moral failure

The importance of ethics has become more pronounced today due to:

Ever-increasing pressures to maximize profits.

Explosive and unprecedented growth in messaging.

Automated profiling of individuals in the digital audience.

Imagine a world where all people had the same basic competencies, but each person still had individual goals and ambitions. Imagine further that individuals do not know their "place in the world," that they are ignorant about their own personal characteristics, skills, status, talents, abilities and/or disabilities. Ask yourself what ethical decisions a person in this situation would make in any given circumstances. Odds are they'd make decisions favoring the least-advantaged because for all they knew that was their situation. This illustrates a thought experiment devised by:

John Rawls

The study of ethics is based in:

Philosophy

This person is not known as a philosopher but as a stoic. He believed that events in life have no objective meaning, only the meaning individuals choose to attach to the events. He advised diligent thought about where a person could make a difference for the better and striving to make that difference, but not to be consumed by fear or worry about other matters. "Know thyself" might be this person's mantra.

Epictetus

Consumers of journalistic and marketing considerations are most interested in:

A value proposition rooted in trust.

Pleasure or seeking pleasure is what triggers moral goodness. An ethical decision will be one that, after considering possible outcomes, is most likely to do the most good and/or cause the least harm. This summarizes the philosophy of:

John Stuart Mill

Bob and Frank were best friends. One day, Frank said to Bob, "Promise me you will come to our class reunion. I'm planning it and my goal is to have 100 percent of our class attend." Bob promised he would attend the reunion. Days later, Bob's mother called him. "Bob," she said, "Your Uncle Buddy is having his 65th birthday party and because he has no children of his own he wants all of his neices and nephews to attend." As it happened, the dates coincided and Bob could not attend both events. He had to choose one or the other. Bob chose to go to the reunion. He decided his promise to Frank was more important than any other consideration. Bob's decision was in keeping with the philosophy of:

Immanuel Kant

A common factor in ethical decision-making is that the decider will:

Be able to explain the factors considered leading to the decision.

Ed bought a new cowboy hat, put it on and stood in front of Martha. "How do I look?" Ed asked. Martha gazed at Ed and thought to herself, "You look like a goober." Out loud, she said, "Ed, I hate to say this, but you look like a clown in that. It's simply a horrible look for you". The big word for Martha's ethical approach on how to respond is:

Deontological

Which of the following is an accurate statement?

Ethics is concerned with asking the right questions en route to a decision.

Values are:

The personal beliefs about right and wrong that motivate individuals to act one way or another.

A valid reason to study ethics is:

NONE OF THE ABOVE

Earlier moral standards such as truth, loyalty and courage are rigid and almost robotic. It would be better to measure moral standards in terms of responsibility, caring, bonding and sharing. This is a philosophy advanced by

Seyla Benhabib

Challenges to ethical practice include:

The trend toward belief that an "authentic life" is fundamentally a self-centered life.

The commodification of the internet.

Intellectual laziness by resorting to reflexive "gut" decisions.

Ed bought a new cowboy hat, put it on and stood in front of Martha. "How do I look?" Ed asked. Martha gazed at Ed and thought to herself, "You look like a goober." But she knew Ed's self-esteem was fragile and that he really liked movies about the Old West, so she said, out loud, "You look great!" The big word for Martha's ethical approach on how to respond is:

Teleological

The power of rationality (reason) in humans compels both intellectual virtue (understanding a situation) and moral virtue (such as courage, justice & truthfulness). Given that people are also driven by emotion and don't live in isolation, the combination of intellectual virtue and moral virtue compel civic virtue, defined as making decisions gauged to enhance human flourishing. This is a rough estimate of the philosophy of:

Aristotle

Ethics is best described as:

A process.

Cultural differences are real and we should learn about various cultures - their achievements, their errors, their arguments - not to seek agreement but to get used to each other. This summarizes the core philosophy of:

Kwame Appiah

Just as math exists and would exist in the absence of humans, rightness and goodness exist naturally, People are born with the values of loyalty, gratitude, justice, and self-improvement. These are not taught or invented as best practices. This summarizes the philosophy of:

W.D. Ross

Why do social media companies care about what people post?

Because they want their platforms to be attractive both to users and to advertisers.

What does the Branzburg test require?

That before a journalist is required to testify it must be shown that the journalist has information essential to the case that is not available from any other source.

"Give people fake names," the editor said. "We can never be sued for libel as long as we never use people's actual names." Is that right?

No. The test for the element of identity is whether the audience knew who the content was about. Using a fake name doesn't guarantee anything.

The most common trigger for libel suits is:

Carelessness

Which of the following is true?

Libel can occur without explicitness if the content implies reputation-damaging false statements in a euphemistic manner.

Atlas Bank aired a commercial during a football game-watching party with several wealthy people attending. Frank saw the commercial and commented, "I was a customer of Atlas Bank for many years, but I changed because I think they spend too much on advertising." As it happened, one of the people at the party was Alice, a fund manager who was scheduled to make a $100 million transfer into Atlas Bank the next day. Instead, Alice chose another bank for the funds and, when an Atlas executive asked why, she said, "Because my friend Frank thinks you spend too much on advertising." If Atlas decides to sue Frank for libel, what does our material in this course say will happen?

Atlas will lose. Frank's statement was opinion.

The governor of Montana was on a crusade to limit public funding of colleges. "Tell me," she said in a speech, "What good are people with degrees in Russian literature? They are absolutely worthless to society." Frank was a student at Montana State University studying Russian literature. He was already feeling oppressed and became furious when he heard what the governor said. What is the correct advice to give to Frank?

Your anger is understandable, but the governor did not identify you (in legal terms) and made a statement of opinion, which can't be the basis for a libel suit.

Cameras are allowed in Mississippi courts of record under certain rules, but one of the rules is unusual. What is it?

Unless otherwise allowed, only media representatives may record, air or livestream the proceedings.

Citizen access to government meetings and records arises from

The principle of consent. In other words, if the power to govern comes from consent it follows that people can't consent without knowing what's going on.

Because social media companies own their platforms and operate them as private businesses, they are naturally in control of who may post and what may be posted - just as it would be natural and legal for the owner of a retail business to decide what products to sell. There are increasing arguments that these platforms legally be regarded as First Amendment free speech zones with owners no longer able to manage content. What is the basis of this argument?

It's dangerous to society to give these companies the power to control what people can and can't discuss.

Frank was fired from his job as a restaurant cook when the manager caught Frank stealing a case of steaks. Frank's best friend, Pete, posted, "Can anybody help? My friend Frank got fired from his job for stealing, so he needs another job. If anyone knows of openings anywhere, please let me know." When Frank saw Pete's post, he was horrified. "How am I ever going to get another job if you tell people I was caught stealing?" Frank said. "Sorry," Pete replied. "I should have thought about that. I'll remove/take down the post immediately." What's the legal situation here?

Nothing really. What Pete posted appears to be provably true - and truth is an absolute defense to libel.

During a trial, the judge turned to the media people in the courtroom and said, "The next witness is a high school teacher who doesn't want his students to know he is testifying in this case, so in your reporting don't report his name or anything he says." What do you know about this?

It's an unconstitutional prior restraint.

How does a private plaintiff in a libel case prove defamation?

By demonstrating that people think less of the plaintiff because they believed the published false statement of fact.

By showing an adverse impact on their reputations.

By proof that a published false statement of fact gave them cooties.

Who has control and is legally responsible for content in a social media post?

The originator of the post.

Channel 3 broadcast a news report showing employees protesting outside Bill's Restaurant and chanting that the restaurant cheated servers out of their tips. The Channel 3 announcer said, "We have tried to contact the management of Bill's for a response, but no one returned our call, text or email." The next day, there were no protesters after it was learned a math error at fault and the servers had NOT been cheated by the restaurant managers. The owners of the restaurant still felt the news report damaged their reputation so they sued Channel 3 for libel. What's Channel 3's best defense?

Neutral reportage.

Sue was the brand manager for the International Association of Carrot Growers. Her bosses came to her very upset that for some reason an anti-carrot social media campaign was spreading. Assuming that Sue can determine who started posting false statements of fact about carrots, what legal proof will be required in a libel or disparagement case?

A negative impact on the carrot business.

Linus was curious about how much theft occurred due to grocery and other stores trending toward self checkout kiosks. He decided to spend a day at Kroger discreetly positioned to watch as people scanned items to see if most people were completely honest and scanned every item. The manager spotted Linus, approached him and asked him to leave the store. What does the law say about this?

Linus will have committed trespass if he doesn't leave.

Mary and Betty were friends, but their relationship was shaky. They had a talk and agreed to go on a camping trip during the weekend. Mary arrived at Betty's apartment about 3 p.m. on a Friday, as they had agreed, but Betty was not home. She checked her locator app and it indicated Betty was in a shopping center in Atlanta, about two hours away from her apartment. Mary was furious. She called Betty and when Betty answered, Mary said, "You are a liar. I spent $150 on camping gear, made a reservation, bought some food for us to take, packed the car and was ready to go only to find out you apparently changed your mind and decided to go on a shopping trip. I don't know why I ever tried to be your friend. You violated our agreement." Betty was devastated. She had marked the wrong weekend on her calendar. It was an innocent mistake. If she decides to sue Mary for libel, what will be the result?

Betty will lose because nothing was published.

Journalists are exempt from which of the following offenses?

NONE OF THE ABOVE

What is a shield law?

Black-letter laws in some states that to varying degrees extend a privilege against testifying to journalists.

Local News Online received a daily email from Local Police Department listing the felony arrests made during the previous 24 hours and the charges each person faced. The clerk at Local Police was denied a loan by a car dealership and, as a prank to get even, included in the daily email that the owner of the car dealership had been arrested for child pornography. The owner of the car dealership had not been arrested for anything and when he saw the Local News report of his arrest ihe mmediately recognized that his reputation had been damaged. No one would want to buy a car from his company if they saw what Local News reported. Does Local News have a defense?

Yes. Fair report.

A consistent problem with access or "sunshine" laws is:

Officials and agencies will abuse the laws in order to avoid accountability for their actions.

In Mississippi, people with questions about how to interpret or apply open meetings and open records questions may ask:

The Mississippi Ethics Commission.

How is it that comedians on shows such as Saturday Night Live can makes false statements about celebrities and politicians (such as President Biden forgetting he is president) and not be held legally accountable for libel?

Satire, parody and such are not libel because (1) libel is based on injury to reputation, and (2) injury to reputation can't occur unless the audience for the content believes it to be truthful.

Which of the following is the most abused provision in the Mississippi Open Meetings Law?

Personnel matter.

How is journalism made better by inclusion of personal information in stories?

All of the above.

Frank and Bob operated competing liquor stores in Oxford. Frank consistently had more customers, and Bob wondered why. To find out if price was a factor, Bob hired students to go into Frank's store and purchase assorted items. By doing this, Bob learned that Frank's prices averaged about 10 percent less. Bob reduced his prices and immediately customers started responding favorably and his business increased. Frank noticed this and got a tip that Bob had been using student "spies." Frank wanted to sue for invasion of his liquor store's privacy. You've taken media law, so you told him:

You have no case under the four common law torts.

Jack's faith required him to meet with his pastor privately and confess bad acts in order to receive forgiveness. As it happened, Jack's pastor was also a member of the faculty of a nearby seminary where he taught pastors-in-training how to react to confessions by members of their faith. To do this, the pastor recorded people's confessions. When Jack discovered his confession was taped, he decided to sue the pastor. What basis?

Intrusion

Generally, how do philosophers see personal privacy?

As a tool we can use to position ourselves in our community.

Personal privacy is legally addressed by:

All of the above.

Legal analysis of personal privacy matters is considered in multiple contexts. They are:

Space, autonomy and information.

Which of the following is NOT a lawful order of a first responder working in a public space?

Stop taking pictures.

Users of free media are accurately described as:

Products

A downside of social media's use of super-specific digital profiles has been observed. It is:

It's likely and certainly not impossible that some of the "facts" that are part of any profile are not accurate.

The word "privacy" does not appear in the U.S. Constitution, so how can so many constitutional rulings be based on privacy?

Personal privacy is implied in many provisions, especially in the Bill of Rights which enumerates many guarantees and pledges related to the relationship between governments and citizens.

Mary earned a master's degree in Integrated Marketing Communication from the University of Mississippi. Six years later she applied for a position on the marketing staff of Nordstrom Department Stores in Chicago. The Nordstrom Human Resources department contacted the University of Mississippi to verify Mary's degree. The university responded that there was no record of Mary attending the University of Mississippi. What could explain this?

Mary, while a student, had invoked her FERPA right against release by the university of any information about her.

The push for more laws to prevent the harvesting of personal information from internet users is driven by:

Fear that the data will be used to trick, mislead or defraud individuals.

Name one thing any defendant can prove to defeat a privacy claim?

Consent.

Bob had a car wash business in Oxford, Miss. He also had an older brother who could sound just like famous actor Morgan Freeman. Bob purchased advertising time on local radio and had his brother imitate Morgan Freeman's voice. The brother did not identify himself as Morgan Freeman, but the script read, in part, "When I'm not in Hollywood making movies and am back home in Mississippi, I always get my cars washed at Bob's Car Wash. If there were Oscars for washing cars, Bob would win one." The attorney for the famous actor heard the commercial and realized the tort of commercial appropriation of a plaintiff's name or likeness for trade purposes had been committed. He sued Bob, who defended the accusation by showing his business volume had not increased. In other words, the advertisement had not benefited Bob in any way. What do you know about this?

Morgan Freeman still wins. What matters is that Bob intended to associate Freeman's fame with his business volume. In commercial appropriation cases, proving whether the appropriated name or likeness had an effect on business is not required.

When a celebrity's name or likeness is used to boost business without payment to or permission of the celebrity, this is said to violate the celebrity's:

Right of publicity.

Ed and Bob were coworkers at the The Home Depot. One day, Ed asked Bob if he wanted to come to Ed's house on Sunday to watch a football game. Bob agreed and went. During halftime, Ed asked Bob if he wanted to see Ed's Chicago Bears collection. Bob said he did, and Ed took him into a room filled with memorabilia about the team - jerseys, posters, autographed footballs and more. It was impressive. Monday morning as their shift began and all the workers were in the break room, Bob said, "You guys wouldn't believe all the Chicago Bears items Ed has at his house. He's really a good collector." Ed was shocked by the statement. He considered his collection private, and was very offended that Bob disclosed it. Although they had been friends and co-workers, Ed decided to sue Bob for invasion of privacy. What will the jury need to decide?

Whether a reasonable person in the same situation would have reacted as Ed did.

The tort "False Light" doesn't have require proof of one element that is required by several other torts we covered. That element is:

Defamation

The Children's Online Privacy Protection Act informs marketing professionals:

Harvesting marketing information from youths under 13 and in some cases direct marketing to youths is illegal.

What is meant by "words and voices are fractional communications?"

Communication as a whole involves tone, volume, timbre, facial expression, body language, touch, distance and other factors.

Individual and societal attitudes about privacy:

Are in a near-constant state of change.

Pete, an Auburn fan, was visibly distressed after Auburn lost a basketball game against the Ole Miss Rebels. As he was leaving the arena and walking across a parking lot, he saw a person shooting video with a shoulder-held camera. Pete ran toward the camera, shouted "Go to Hell Ole Miss," and made an obscene gesture into the camera. Later, the Pete's face, words and gesture were used on Channel 37 as the announcer said, "Some Auburn fans weren't happy with the outcome of the game." Later, Pete had calmed down and felt humiliated. He sensed that he was being opened to public ridicule. What does the law say about this?

Pete was in a public place (presumably) and had no reasonable expectation of privacy. He has no legal case against Channel 37.

If digital profiles become less obtainable as a result of tighter privacy legislation, the "golden rule" of marketing being threatened is:

Get the most effective message before the most likely client at the least possible cost.

One way to demonstrate the importance of personal privacy in society is:

To imagine that everyone knows everything about each other or, alternatively, that no one knows anything about themselves or others.

In marketing, a seller's pledge to protect and respect the privacy of customers is:

Adds value; is increasingly important to customers.

Dak Prescott because famous in Texas because he was the quarterback of the Dallas Cowboys football team. The owner of a barbecue restaurant spotted Dak eating with a group in her restaurant. She asked to take a photo and Dak agreed. Later, the restaurant owner posted the photo on social media with the words, "Dak likes our food. You will, too." She included the name and address of her restaurant? Any legal issue here?

Yes, this is classic commercial appropriation.