Media Law and Ethics (LEA's Communication Series) PDF
Preview Media Law and Ethics (LEA's Communication Series)
Third Edition MEDI A LAW A N D ET HICS LEA’s COMMUNICATION SERIES Jennings Bryant/Dolf Zillmann, General Editors Selected media law titles in the Communication Series include: Parkinson/Parkinson – Law for Advertising, Broadcasting, Journalism, and Public Relations: A Comprehensive Text for Students and Practitioners Reynolds/Barnett – Communication and Law: Multidisciplinary Approaches to Research Ross – Deciding Communication Law: Key Cases in Context Russomanno – Defending the First: Commentary on First Amendment Issues and Cases Russomanno – Speaking Our Minds: Conversations with the People Behind Landmark First Amendment Cases Third Edition MEDI A LAW A N D ET HICS Roy L. Moore Michael D. Murray Lawrence Erlbaum Associates New York London This edition published in the Taylor & Francis e-Library, 2008. “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” Lawrence Erlbaum Associates Lawrence Erlbaum Associates Taylor & Francis Group Taylor & Francis Group 270 Madison Avenue 2 Park Square New York, NY 10016 Milton Park, Abingdon Oxon OX14 4RN © 2008 by Taylor & Francis Group, LLC Lawrence Erlbaum Associates is an imprint of Taylor & Francis Group, an Informa business International Standard Book Number‑13: 978‑0‑8058‑5067‑3 (Softcover) Except as permitted under U.S. Copyright Law, no part of this book may be reprinted, reproduced, transmitted, or uti‑ lized in any form by any electronic, mechanical, or other means, now known or hereafter invented, including photocopy‑ ing, microfilming, and recording, or in any information storage or retrieval system, without written permission from the publishers. Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Library of Congress Cataloging‑in‑Publication Data Moore, Roy L. Media law and ethics / Roy L. Moore and Michael D. Murray. p. cm. ‑‑ (Mass communication) Includes bibliographical references and index. ISBN 978‑0‑8058‑5067‑3 (alk. paper) 1. Mass media‑‑Law and legislation‑‑United States‑‑Cases. 2. Mass media‑‑Moral and ethical aspects‑‑Case studies. I. Murray, Michael D. II. Title. KF2750.A7M663 2008 343.7309’9‑‑dc22 2007041341 ISBN 0-203-92785-0 Master e-book ISBN Visit the Taylor & Francis Web site at http://www.taylorandfrancis.com and the LEA and Routledge Web site at http://www.routledge.com Dedication To our friends and former colleagues at Virginia Tech University Contents Preface to the Third Edition ix About the Authors xi Chapter 1 Sources and Types of American Law 1 Chapter 2 The U.S. Legal System 19 Chapter 3 The Judicial System 51 Chapter 4 Ethical Dilemmas, Issues, and Concerns in Mass Communication 105 Chapter 5 Prior Restraint 143 Chapter 6 Corporate and Commercial Speech 237 Chapter 7 Electronic Mass Media and Telecommunications 313 Chapter 8 Libel 387 Chapte r 9 Indecency, Obscenity, and Pornography 461 Chapte r 10 Right of Privacy 517 Chapte r 11 Press and Public Access to the Judicial Processes, Records, Places, and Meetings 591 Chapte r 12 Intellectual Property 641 viii Media Law and ethics, third edition Appendix A Society of Professional Journalists Code of Ethics 733 Appendix B National Press Photographers Association (NPPA) Code of Ethics 737 Appendix C American Society of Newspaper Editors (ASNE) Statement of Principles 741 Appendix D American Association of Advertising Agencies (AAAA) Standards of Practice 743 Appendix E Radio–Television News Directors Association (RTNDA) Code of Ethics and Professional Conduct 745 Appendix F The Constitution of the United States 749 Appendix G Copyright Forms 771 Case Index 777 Subject Index 783 Preface to the Third Edition Thank you for reading this new third, thoroughly revised edition of the first book to explicitly address both mass media law and media ethics under one cover. The inter- section of these two vital areas often leads to more questions, creates more potential problems, attracts the most interest and provides the best promise for examining important decision-making by the mass media. In the preface of the first edition of this textbook, we noted the growing interest in having both law and ethics addressed together in a single course at many depart- ments and schools of journalism and mass communication. This awareness has evolved as a well-accepted pattern and a concept endorsed not only by many major journalism and mass media programs but also by many of our professional organi- zations. We have come to even better understand the symbiotic relationship between the two and the importance of having these areas simultaneously addressed. Public confidence in the mass media continues to erode as more journalists and media outlets have been exposed for unethical conduct. As a small step in addressing these problems, this newest edition continues with the dominant theme—an inter- spersing of legal and ethical concepts and concerns at every step along the way and, whenever possible, a discussion of current views regarding the disposition of key legal cases within an ethical context. With changes taking place quickly in the current mass media environment, we offer the reader a look at the regulation of new and emerging technologies, including expansion of the Internet. The change from “Mass Commu- nication” to “Media” in the book’s title reflects an emphasis on and an awareness of an ever-broadening field. Beyond that, we have enlisted our colleague—Dr. Michael Farrell, former managing editor of the Kentucky Post and now faculty member and director of the First Amendment Center at the University of Kentucky—to contribute a special chapter devoted specifically to mass media ethics. When the first edition of this book was published, the influence of the Internet on such areas as intellectual property rights and privacy and public and governmental concern over broadcast indecency were not major topics of discussion. We now func- tion in a media regulation environment in which these issues often dominate. Now, even newer technologies have emerged, including satellite radio, which has become a new outlet for material, talent and even controversy. Some of the programming in the new media has been forced to switch or has voluntarily crossed over from the tra- ditional media outlets. Telecommunications issues remain the most controversial and
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