The First Amendment

The Five Freedoms - Religion, speech, press, assembly, and petition to government for redress of grievances.

Exceptions

Its considered the strongest right of Americans, absolute. Or at least phrased as if it were absolute, there are many conditions to it that officials have been able to get past. Only a few justices have held it as absolute, including some who are never there. There have always been justices who find exceptional circumstances to get around the law, such as wartime, plotting against the government, or even political speech if it promoted socialism or communism, back when these things were considered revolutionary. More exceptions include obscenity, privacy rights, students & employees right to self expression-can be limited by school or employer, and regulation of broadcasting.

Major Issues for Communicators

Copyright, Privacy, and Defamation

Civil Law

Most of the time violations of copyright, privacy, and defamation law are not crimes. They are not usually codified in statutes (Laws) the way crimes are.

Privacy and Defamation involve torts - which are morally wrong/contract violations.

Violations of these civil laws are not crimes, they are torts of contract violations. In civil law people are not found guilty or sent to prison, they are only found guilty and sentenced to pay an amount to the person suing them.

Plaintiff - Person who launches lawsuit

Defendant - Person who is defending themself against the lawsuit.

Civil law is simply two parties arguing who is correct. If plaintiff wins they get something called "damages" usually money.

Copyright, Privacy, and Defamation(libel and slander)

Creative Commons exists to get things for free legally.

Four types of privacy violations (torts) - intrusion/invasion of privacy, public disclosure of highly objectionable or embarrassing private facts about the plaintiff, publicity that places plaintiff in false light of public eye, and appropriation of the plaintiff's name of likeness for the benefit or advantage of the defendant.

Defamation is a type of tort that involves damage of a persons reputation, that is false or unprovable. Journalists are often sued on this basis because they are often called upon to write about people they don't like to see published or broadcast. Even "citizen journalists" - non professional who share things on blogs, podcasts, and social media. Plaintiffs must prove it was hurtful info, identification - name/title required, publication proof/communicated with others, and fault-where a journalists didn't follow proper procedure, Malice being a knowing of false truth and still publishing it.

Fault Types - failure to investigate properly, failure to interview parties who have knowledge of the story including the person its about, reliance on previously published material, inaccurate reporting, reporting from one sided or biased view, refusal to retract or correct, absence of a fixed deadline, ill will or hatred towards the plaintiff, or actual malice (knowing truth and disregarding it).

"Actual Malice" is the type of fault required for cases involving public persons. "Knowing and reckless disregard for the truth" -This comes from the U.S. Supreme Court case Times v. Sullivan, 1964. 

Defenses a Writer/Broadcaster can use

Truth, Qualified Privilege-which means you must accurately report about public events. Opinion, which means if you were publishing an opinion it can be defensible-unless it involves false facts, consent-subject agreed to interview and answered questions. Wire service defense-the story was obtained from a reputable source such as The Associated Press or Reuters, and you had no part in writing it-seen as mitigating factor, not complete solution. Mitigation(Not complete defense as well but reduces penalty), you used a usually reliable source, or published a retraction.

Social Media is a strange terrain because its still so new to law.