Simple English definitions for legal terms
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Media law refers to the legal principles and regulations that govern the media industry, including print, broadcast, and digital media. The First Amendment of the Constitution guarantees freedom of the press, which means that courts and legislative bodies are hesitant to infringe upon the freedom of the press. There are numerous state and federal statutes that seek to protect the freedom of the press, such as the Freedom of Information Act and the Privacy Act.
The freedom of the press is guaranteed by the First Amendment. The First Amendment only applied to the federal government when it was first ratified. The freedom of the press, along with the freedom of speech, was incorporated in Gitlow v. New York, which means that it applies to the states as well.
In New York Times v. United States, the Supreme Court found that there is a heavy presumption against prior restraint of the press, and that the government's vague use of the word "security" is not enough to overcome the importance of the freedom of the press guaranteed by the First Amendment.
In Hazelwood School District v. Kuhlmeier, the Supreme Court held that a school may exercise prior restraint against student publications. Schools may refuse to endorse speech, as long as the school's actions are "reasonably related to legitimate pedagogical concerns."
"Reporters' privilege" refers to the idea that a reporter is protected under either statutory or constitutional law from being compelled to testify about confidential information or sources. In Branzburg v. Hayes, the Supreme Court held that when a reporter is asked to testify under oath in front of a grand jury, the reporter may not invoke "reporters' privilege."
When a government seeks to regulate communications, courts must balance the interests of freedom of expression with the government's desire to protect its citizens from harm. The doctrine of prior restraint refers to when the government reviews materials to determine whether publication of the material is allowed. In Near v. Minnesota, the Supreme Court determined that it is unconstitutional to exercise prior restraint with regard to print publications.
The Federal Communications Commission (FCC) regulates interstate and foreign communications by radio, television, wire, satellite, and cable. In FCC v. Pacifica Foundation, the Supreme Court defined the scope of the FCC's power with in relation to sanctioning television programs for airing certain content, such as vulgar language. The Court held that the FCC may censor television content, based on relevant factors such as time of day, the program's overall content, the audience, the medium, and the method of transmission of the message.
The growth of the Internet and digital media more generally have begun to blur the boundaries between media segments. In 1998, Congress passed the Digital Millennium Copyright Act (DMCA) to deal with Internet issues and the advanced technologies used to bypass copy protection devices.
Overall, media law seeks to balance the freedom of the press with the government's interest in regulating communications to protect its citizens.