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First Amendment
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freedom of speech
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marketplace of ideas
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Exemptions to First Amendment Protection
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Defamation
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Libel vs. Slander
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false declarations against private citizens
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damaging reputations
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actual malice for public figures
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Political Speech
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equal time
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broadcasting
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political candidates for public office
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can purchase air time
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lowest price
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must offer all bona fide candidates
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Fairness Doctrine
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coverage for controversial issues
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give voice to opposing views
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Obscenity
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Miller v. California
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three-prong test
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Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest
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Whether the work depicts/describes, in a patently offensive way, sexual conduct specifically defined by applicable state law
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Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value
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Indecency
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FCC v. Pacifica Foundation (1978)
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only applies to broadcast radio and television
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language that describes, in terms patently offensive as measured by contemporary community standards…sexual or excretory activities or organs
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safe harbor period
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Violence
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v-chip (1998)
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effects of media on children
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rating system
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movies
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television
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video games
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Commercial Speech
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less protected than non-commercial speech
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rationale for regulating film industry in 1915
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special capacity for evil
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misleading commercial speech
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advertises a product or service for profit or for a business purpose
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misleading commercial speech
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Federal Trade Commission:
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likely to mislead the consumer
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consumer is acting reasonably
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omission, falsehood, or representation is “material” or likely to affect actual purchase decisions
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Intellectual Property
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innovator’s monopoly
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encourage new ideas by allowing inventors and artists to profit
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fair use
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making it possible to synthesize fresh ideas from old ones
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public domain
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Patents
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inventions
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exclusive rights for 20 years
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demand royalties
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Copyright
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“promote the Progress of Science and useful Arts, by securing for limited Times to Authors…the exclusive Right to their…Writings.”
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copyright infringement
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Copyright Term Extension Act (1998)
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Digital Millennium Copyright Act
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prohibits anti-circumvention
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Piracy
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Ownership
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Monopoly
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where a single company controls an industry
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Oligopoly
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where a few companies dominate an industry
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Sherman Anti-Trust
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corporate trusts of the Gilded Age
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limits monopolies
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prohibits restraints of trade
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vertical integration
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company owns key assets in multiple aspects of a single industry
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horizontal integration
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company owns many outlets of the same kind of medium or dominates a market on its own
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cross-ownership
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diversity of ideas
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a single company to own radio, television, and newspapers in the same area
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Telecommunications Act (1996)
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limited TV–newspaper cross-ownership (2008)
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network neutrality
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requires Internet providers to treat all of the data that passes through their networks on an equal basis
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prevent them from favoring their own content
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FCC rules (2011)
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wireline Internet carriers
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wireless carriers
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broadcast regulation
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intrusive medium
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scarcity argument
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Federal Communications Commission
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charted in 1934 (Federal Communications Act)
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Five Commissioners
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Robert McDowell
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Julius Genakowski
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Mignon Clyburn
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issues licenses
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promotes localism
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public interest, necessity and convenience
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