the media unit 2 – chap. 15. what is freedom of speech not to speak (specifically, the right not...
TRANSCRIPT
The Media
Unit 2 – Chap. 15
What is Freedom of Speech Not to speak (specifically, the right not to salute the flag).
West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943). Of students to wear black armbands to school to protest a war
(“Students do not shed their constitutional rights at the schoolhouse gate.”).Tinker v. Des Moines, 393 U.S. 503 (1969).
To use certain offensive words and phrases to convey political messages.Cohen v. California, 403 U.S. 15 (1971).
To contribute money (under certain circumstances) to political campaigns.Buckley v. Valeo, 424 U.S. 1 (1976).
To advertise commercial products and professional services (with some restrictions).Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).
To engage in symbolic speech, (e.g., burning the flag in protest).Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).
What is not Freedom of Speech To incite actions that would harm others (e.g., “Shouting
‘fire’ in a crowded theater.”).Schenck v. United States, 249 U.S. 47 (1919).
To make or distribute obscene materials.Roth v. United States, 354 U.S. 476 (1957).
To burn draft cards as an anti-war protest.United States v. O’Brien, 391 U.S. 367 (1968).
To permit students to print articles in a school newspaper over the objections of the school administration. Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Of students to make an obscene speech at a school-sponsored event.Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).
Of students to advocate illegal drug use at a school-sponsored event.Morse v. Frederick, __ U.S. __ (2007).
Evolution of Journalism and the Media 1690 to 1830-40’s The Partisan/Party press
Small circulation, expensive to buy Elites only The government subsidized the president’s party
“press”
Starts in 1840’s The Penny/Popular press Partisan views
High speed, less cost
The Print MediaBy the l840s, the
telegraph permitted a primitive "wire service," which relayed news stories from city to city faster than ever before. The Associated Press, founded in 1849, depended heavily on this new technology.
The first American daily newspaper was printed in Philadelphia in 1783
Daily newspapers did not become common until the technological advances of the mid-nineteenth century.
Rapid printing and cheap paper made the "penny press" possible--a paper that could be bought for a penny and read at home.
Mass circulation- needs sensational stories to sell
Two newspaper magnates, Joseph Pulitzer and William Randolph Hearst, enlivened journalism around the turn of the century. This was the era of yellow journalism, where the main topics were sensationalized accounts of violence, corruption, wars, and gossip. “If it bleeds it leads”
Yellow Journalism
Spanish American War was first tabloid topic- late 19th century
“Remember the Maine!”
1890’s-1920’s Exposure of corruption by press A muckraker is an reporter who
investigates and exposes issues of such as political corruption, corporate crime, child labor, conditions in slums and prisons, unsanitary conditions in food processing plants (such as meat), etc. The term muckraker is most
usually associated in America novelists and critics from the Progressive Era in the 1890-1920s
Upton Sinclair Most famous muckraker Exposed the meat industry in his
novel, The Jungle
Technology Progresses- 1 Radio news- 1920’s and 1930’s
FDR fireside speeches
Technology Progresses- 2 Television- 1950’s-
today Nixon/Kennedy debates
Live for voters Vietnam on TV
First time Immediate coverage
Election returns Challenger explosion 9-11
Technology Progresses
Internet- 1990’s- today Major news outlets and Blogs, unreliable
sites??”
Digital footprint
Years ago few people left any type of written record
Digital footprint is your internet record. It is the data that a person will leave behindActive – data created by a person for informational purposesPassive – data collected without the participation of the person involved
Twitter, Facebook, web publishing etc. Is it all too much?
Security breaches?
Figure 7.1
The Development of Media Politics
Figure 6.1
What term does this graph indicate that we are moving to in America? What does it mean?
Figure 6.1
Minority Majority: policymakers now speak of this referring that America will eventually cease to have a white, generally Anglo-Saxon majority
Radio News Radio: was a media revolution
Brought political figures into homes Fell behind television in mid-50s AM talk radio in mid-80s revival
Conservative commentators – Rush Limbaugh
Liberal talk-radio (less success) Satellite radio
Television News First demonstrated in 1939 Expanded quickly Network vs. Cable news vs.
Satellite – CNN, MSNBC Comedy news programs
Regular viewers of The Daily Show (Jon Stewart) were found to know more about world events than non-viewers even when education, party identification, watching cable news, etc. are taken into account.
Late night talk shows Fallon, Letterman Saturday Night Live
The New Media Media consumers, particularly those under
the age of 35, are abandoning traditional media outlets in favor of other sources. Internet
Today, 24 percent claim to get news from Internet Major networks and newspapers also offer their
news online Revenue from ads
Government news on Internet International news on Internet
The Influence of Media Giants Only a handful of media outlets are influential
nationally. New York Times Wall Street Journal USA Today Christian Science Monitor Washington Post Los Angeles Times
They have reach through their own circulation, but also influence what the four major national networks (NBC, CBS, ABC, FOX) and cable news organizations decide to focus on. Affiliates
Wire services also nationalize the news. (AP, Reuters) News magazines also supplement these other sources.
Time, Newsweek, U.S. News and World Report Targeting media programming at specific populations
within society – Conservatives, Christians, African Americans, Hispanics.
Media Consolidation
Role of private ownership6 media giants control 90% of the news outlets
Media monopolies or near monopolies Fear that these groups could limit the flow
of information and the free flow of ideas that form the very essence of a free society and that make democracy possible
Market driven media industry
Media Consolidation
Rules Governing Media Journalistic standards
How does a reporter make use of material from an anonymous source?The UVA rape case
In tragic situations, what is the balance between getting the story and respecting the grief of those who have lost loved ones? “if it bleeds, it leads”
In the 24/7 news cycle, is getting the story first more important than getting it right?
Every government limits free speech to a degree Schenck v. US (1919) “Fire” Libel – a published statement that damages a
person’s reputation Slander - making a false spoken statement In 2005 New York Times reporter, Judith miller
was jailed for 85 days for not revealing a source
Rules Governing Electronic Media
Government regulation Print media is exempt from most
regulation Electronic media is not
Airwaves considered public property leased to the networks by the gov’t
Federal Communication Commission (FCC) created in 1934, is an independent regulatory agency that oversees all electronic media in all 50 states and D.C.
Content regulation – does not apply to print Equal time rule
If a station sells time for campaigns, the must sell equally to all candidates (debates are an exception) – but not obligated to sell any
Fairness doctrine (1945) Ended in 1985; required fair coverage with
contrasting views presented Broadcasters hated it because there was
no definition of “fair” and argued it limited free speech
Government Regulations 1996- Telecommunications Act
Deregulated whole segments of the electronic media Tried to balance corporate profits with consumer needs Result: Huge conglomerates like Viacom and Time Warner
bought HUGE segments of the media
2003- FCC added reforms that allowed media outlets to own more than one type in a market (Clear Channel has 6 radio stations in Atlanta)
Possible fast-lane internet
The Communications Decency Act of 1996
The Communications Act of 1996 tried to address indecency on the Internet. It was introduced in response to fears that Internet pornography
was on the rise. In a landmark 1997 decision, the Supreme Court ruled
that the Internet is a unique medium entitled to the highest protection under the free speech protections of the First Amendment to the US Constitution. It was blocked by federal courts saying it was too broad The CDA prohibited posting "indecent" or "patently offensive"
materials in a public forum on the Internet -- including web pages, newsgroups, chat rooms, or online discussion lists. This would have included the texts of classic fiction such as
the Catcher in the Rye and Ulysses This gave the Internet same free speech protection as
print media.
The Communications Decency Act of 1996
The Communications Act of 1996 tried to address indecency on the Internet. It was introduced in response to fears that Internet pornography
was on the rise. In a landmark 1997 decision, the Supreme Court ruled
that the Internet is a unique medium entitled to the highest protection under the free speech protections of the First Amendment to the US Constitution. It was blocked by federal courts saying it was too broad The CDA prohibited posting "indecent" or "patently offensive"
materials in a public forum on the Internet -- including web pages, newsgroups, chat rooms, or online discussion lists. This would have included the texts of classic fiction such as
the Catcher in the Rye and Ulysses This gave the Internet same free speech protection as
print media.
Government Regulations
Broadcast Television and Radio Licensed and regulated FCC rules, 7 dirty words, Janet Jackson… Fines are applied!
Cable Little or no regulations
New York Times v Sullivan- 1964
Facts This case concerned a full-page ad in the New York Times
which alleged that the arrest of the Rev. Martin Luther King, Jr. for perjury in Alabama was part of a campaign to destroy King's efforts to integrate public facilities and encourage blacks to vote
L. B. Sullivan, the Montgomery city commissioner, filed a libel action against the newspaper and four black ministers who were listed as endorsers of the ad, claiming that the allegations against the Montgomery police defamed him personally.
Question of law Did Alabama's libel law, by not requiring Sullivan to prove
that an advertisement personally harmed him and dismissing the same as untruthful due to factual errors, unconstitutionally infringe on the First Amendment's freedom of speech and freedom of press protections?
The Court held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity). Under this new standard, Sullivan's case collapsed.
Just publishing a “defamatory falsehood” is not enough to win a libel case
Writer/publisher must have “actual malice”
New York Times v Sullivan- 1964
New York Times v US (1973)
The Court ruled against the United States In its per curiam opinion the Court held that the
government did not overcome the "heavy presumption against" prior restraint of the press in this case.
Justices Black and Douglas argued that the vague word "security" should not be used "to abrogate the fundamental law embodied in the First Amendment."
Justice Brennan reasoned that since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified.
FCC v Fox TV Stations (2009)
Facts of the Case In 2002-03, Fox Television Stations broadcast
the Billboard Music Awards. During the broadcasts, a musician (Cher) used
an expletive in her acceptance speech, and a presenter (Nicole Ritchie) used two expletives.
The Federal Communications Commission (FCC), although it had previously taken the position that such fleeting and isolated expletives did not violate its indecency regime, issued notices of liability to Fox for broadcasting the profane language.
Media Cover, Politicians And Government
Communication between elected officials and public figures and media Press release: document offering an official comment or
position Press briefing: relatively restricted session between a
press secretary or aide and the press Press conference: an unrestricted session between an
elected official and the press On background: information provided to a journalist
that will not be attributed to a named source Deep background: information provided to a journalist
that will not be attributed to any source Off the record: information provided to a journalist that
will not be released to the public On the record: information provided to a journalist that
can be released and attributed by name to the source
Covering the Presidency President is the focus of the most
media coverage Can summon the press at will FDR was the first to use the press
conference as a means to shape public opinion and explain his actions.
Stage photo opportunities are frequently used – “mission accomplished”
Press Secretary: existed since Hoover’s administration President’s main disseminator of
information to the press President gets the most coverage,
but much of it is negative G.W. Bush record low number of
press conferences Strategy to control his image
President Bush 2003
Covering Congress 535 member of Congress from all over the
country make it difficult for the media to cover There are over 3,000 members of the
Congressional press corp. Solve this problem by:
Giving leaders most attention Key committee chairs command center stage. Local newspapers and broadcast stations
normally devote some resources to covering their own representatives.
Coverage tends to be negative C-Span and C-Span2 (actually very boring) Focus on conflict May be part of the reason people view
Congress so negatively Investigative hearings may be televised
Covering the Supreme Court Supreme Court remains a virtual media
vacuum Broadcast media ban in Court
No cameras, but print and broadcast reporters have access to the Court to protect the public
Since Bush v. Gore (2000) reporters have been able to make same-day tape recording if they have permission
Court cases are not seen as interesting
The Media’s Influence on the Public
Media effects Reporting can sway people who are
uncommitted and have no strong opinions Media have a much greater impact on topics
far removed from the lives and experiences of readers and viewers
News organizations can help tell us what to think about, even if they cannot determine what we think
Agenda setting: the constant process of forming the list of issues to be addressed by government
Framing: the process by which a news organization defines a political issue and consequently affects opinion about the issue
The Public’s Perception of the Media
Public opinion of media is relatively critical. Perceive media to be:
Politically biased Roadblocks to solving problems Inaccurate in their reporting Unwilling to admit mistakes
Most still view the national news media as credible.
Terrorist attacks shifted public opinion positively for a period.
Value the watchdog role of the news media
Reporting the News Finding the News
Beats: Specific locations from which news frequently emanates, such as Congress or the White House.
Trial Balloons: An intentional news leak for the purpose of assessing the political reaction.
Reporters and their sources depend on each other- one for stories, the other to get them out
Reporters Carl Bernstein and Bob Woodard of The Washington Post uncovered important evidence in the Watergate case.
Reporting the News
Presenting the News Superficial describes most news coverage
today Sound Bites: Short video clips of
approximately 15 seconds.
Top 25 Lycos searches for the week of the first 2008 presidential debate
Media Bias 1980s and 1990s argument that media were liberally biased
because of the sheer number of journalists who leaned to the left. Another argument focuses on corporate interests and the
influence on what is covered. Media critics: focus on national news media’s lack of skepticism
regarding the invasion of Iraq Recent media bias is intentional and a response to increasing
fragmentation and competition among media Mainstream media losing market share while online, ethnic,
and alternative media are growing. Market position
CNN: 27 percent of Democrats; 20 percent of Republicans Fox News: 29 percent of Republicans; 14 percent of
Democrats Ideological fragmentation is viewed as a negative trend by those
who believe that the mass media are essential to providing the facts to educate the public about policies.
How the audiences of cable news channels have polarized into rival partisan camps
7.2
Image making does not stop with the campaign. It is also a critical element in day-to-day governing since politicians' images in the press are seen as good indicators of their clout. The Reagan administration was particularly effective in controlling the president's image as presented by the media. A large part of today's so-called 30-second presidency (a reference to 30-second sound bites on TV) is the slickly produced TV commercial. Also done by Putin in Russia
Watching only news programs that reflect the viewer’s politics is called
a. Selective exposure
b. Narrowcasting
c. Infotainment
d. High-tech politics
7.2
Watching only news programs that reflect the viewer’s politics is called
a. Selective exposure
b. Narrowcasting
c. Infotainment
d. High-tech politics
7.2
Why do news outlets seek to entertain rather than educate?
a. They do try to educate, but they aren’t successful at it.
b. They are motivated by profit.
c. They believe education is the job of schools.
d. They understand that it is the best way to present complex issues.
7.3
Why do news outlets seek to entertain rather than educate?
a. They do try to educate, but they aren’t successful at it.
b. They are motivated by profit.
c. They believe education is the job of schools.
d. They understand that it is the best way to present complex issues.
7.3
In what area are the media most influential?
a. Agenda-setting
b. Voting choices
c. Approval rating of officials
d. All of the above
a. Agenda-setting
b. Voting choices
c. Approval rating of officials
d. All of the above
In what area are the media most influential?
What is one way for an interest group to gain media coverage?
a. Write letters to politicians
b. Send out requests for donations
c. Stage a protest
d. Set up a meeting with a public official
What is one way for an interest group to gain media coverage?
a. Write letters to politicians
b. Send out requests for donations
c. Stage a protest
d. Set up a meeting with a public official
a. Televising a campaign speech
b. Reporting about an abuse of power
c. Criticizing a politician’s wife
d. Polling citizens on an issue
What is an example of the media as watchdog?
a. Televising a campaign speech
b. Reporting about an abuse of power
c. Criticizing a politician’s wife
d. Polling citizens on an issue
What is an example of the media as watchdog?